Sunday, October 29, 2023

Running Out of Other Hands

There's lots of blame to go around, that much is certain. What is also certain is there is not a single justification for what took place in Israel, across the border from Gaza on October 7, 2023.

None whatsoever. 

They call it Israel's 9/11 which is really saying something about a country whose entire existence has been defined by war and terror. In my opinion, in the scope of sheer depravity if not body count, 10/7 was worse. 

On that dreadful day, at this writing, three weeks ago, members of the terrorist organization Hamas, standing eye-to-eye with their victims, mostly ordinary Israeli citizens, tortured, raped, and butchered close to 1,500 people. Some were intentionally burned alive while hiding in their homes. Others were beheaded. Bodies of victims were desecrated. Many who were not killed were taken hostage. No one was spared, not the elderly, not the infirm, not children.

I'm not going to go into all the horrific details because information on that is everywhere. 

All I will say is that it takes a special kind of monster to kill parents in front of their children, not to mention all the other atrocities that took place that day.

Almost as disturbing were the scores of public acts around the world including the U.S., where people who support the Palestinian cause (a just cause in my opinion), openly celebrated the 10/7 attacks, claiming they were a legitimate response to Israeli policies.

If torture, rape and slaughter of innocent people, and cheering it all on aren't bad enough, for author/neuroscientist/philosopher Sam Harris, there is another atrocity that trumps them all, the use of human shields. In his words:

I’m talking about people who will strategically put their own noncombatants, their own women and children, into the line of fire so that they can inflict further violence upon their enemies, knowing that their enemies have a more civilized moral code that will render them reluctant to shoot back, for fear of killing or maiming innocent noncombatants.

This is taken from a transcript of Harris's recent podcast on the 10/7 attacks titled: The Sin of Moral Equivalence.  In the podcast, he notes that while ethics and morality take on different forms depending upon one's culture and religion, human civilization has advanced to the point where there are certain fundamental moral laws in our day an age, that nearly everyone accepts. It is generally agreed for example that it is wrong to kill (unless absolutely unavoidable), or to rape (in any circumstance), or to torture, or to take hostages, or to revel in such acts. And it is beyond wrong to use innocent people as shields to protect oneself from committing these crimes.

Therefore according to Harris, there is not any moral equivalence between the violent acts of Hamas, and the violent acts of Israel, who is merely attempting to defend itself. In his words: "Intentions count." 

I agree.

But he raises a few eyebrows with the following:

In the West, we have advanced to a point where the killing of noncombatants, however unavoidable it becomes once wars start, is inadvertent and unwanted and regrettable and even scandalous. Yes, there are still war crimes. And I won’t be surprised if some Israelis commit war crimes in Gaza now. But, if they do, these will be exceptions that prove the rule—which is that Israel remains a lonely outpost of civilized ethics in the absolute moral wasteland that is the Middle East.

To deny that the government of Israel (with all of its flaws) is better than Hamas, to deny that Israeli culture (with all of its flaws) is better than Palestinian culture­ in its attitude toward violence, is to deny that moral progress itself is possible.

The problem is we could argue all day about whose culture is the morally superior, but in the end, we're still left with the question of what to do about the conflict between the Israelis and the Palestinians. 

I'm sure it makes little difference to the victims of the 10/7 attack, or the Israeli response to it, (over 5,000 people killed in Gaza at this writing), whether their or their loved one's killer was morally superior or inferior to the killers on the other side.

We can pick sides and argue until we're blue in the face as to who's cause is more valid, which side is responsible for more atrocities, and what group is more entitled to call the small patch of land between the Mediterranean Sea and the Jordan River, home.

Or we can go back and forth justifying the actions of both sides until we run out of other hands, as I certainly have after the 10/7 attack.

But in the end, there are only two realities that matter: 

Israel is here to stay and so are the Palestinians. We can either go on as we have for 75 years living with an unending cycle of violence and death, or somehow, someway come up with a solution for the Israelis and Palestinians to find a way to live together in relative peace.

Yes I know, that sounds very kumbaya of me but in all honesty, short of the mass eviction or genocide of one or both of the groups that call that land (whatever you want to call it) home, can you think of any other scenario?

No, I'm not presumptuous enough to claim to have an answer to this conflict. All I know is that it is not as some suggest a struggle between right and wrong, between good and evil. If it were, it would be an easy choice for those of us who haven't a personal stake in the issue to pick sides, like the other war we're dealing with in Ukraine. Nevertheless, many do pick sides without giving the other side the benefit of at least trying to walk in their shoes, even for a brief moment. 

To be sure there are very bad, perhaps evil actors involved in the current struggle in the Middle East, but the truth is that both sides have legitimate arguments that need to be listened to and respected, especially by each other.

In all his wisdom, Sam Harris makes no bones about which side he's on, which is certainly his prerogative. But in doing so, he illustrates much of the disconnect we have going on right now on both sides regarding this issue. 

While denying moral equivalence between the 10/7 attacks and Israel's response, Harris pays lip service to some of the issues Palestinians have, mentioning the:

the growth of (Israeli) settlements, (and) the daily humiliation of living under occupation.

 But then he adds:

Incidentally, there has been no occupation of Gaza since 2005, when Israel withdrew from the territory unilaterally, forcibly removing 9000 of its own citizens, and literally digging up Jewish graves. The Israelis have been out of Gaza for nearly 20 years. And yet they have been attacked from Gaza ever since.

This is a half-truth. While it's true that previous to the 10/7 attacks, Israeli forces were not occupying Gaza from the inside, Israel has blockaded the region, walled it off, controlling its air and maritime space, six of seven of its land borders, and as we've seen during this conflict, complete control of Gaza's utilities including water, electricity and telecommunications.

Harris's comments dismiss the dreadful conditions people have lived through in Gaza leading some to declare it, an "open air prison." And that was before Israel's current air bombardment and impending ground invasion, which have made it a living hell on earth. 

In all fairness it must be stated that a great deal of the suffering of the people of Gaza has been exacerbated by Hamas who has been the governing body there since 2007, and has been using the territory to launch missile strikes against Israel.

Sam Harris is not alone in his selective reading of history, In virtually all the assessments of the Israeli/Palestinian conflict I've read on both sides of the issue, the authors use charged language consisting of half-truths, false equivalences, conflation and other rhetorical devices crafted for the purpose of minimizing the suffering of and dehumanizing the other side.  

Folks taking the Palestinian side for example like to use provocative terms charging Israel with "imperialism" "settler colonialism", "racism", "occupation", "ethnic cleansing", "apartheid" and even "fascism". These are fighting words, terms designed to ring a bell by conflating Israel's treatment of the Palestinians with familiar grievous atrocities that have taken place throughout history such as the European conquest of the Americas, Apartheid South Africa, the brutal war in the Balkans in the nineties, and the quintessential symbol of evil, Nazi Germany.

Like Sam Hariis's occupation remark, while not entirely off the mark, these are half-truths that tell only part of the story. Israel is indeed guilty of committing grievous atrocities against the Palestinian people. What the folks who use these terms conveniently leave out, are the grievous atrocities carried out against Israelis by terrorist organizations acting, or so they claim, in the name of the Palestinian people.

Also conveniently not mentioned is the terrible history of racism and oppression against the Jewish people, culminating in the Holocaust which was the final straw that made the establishment of the State of Israel, a fait accompli.

On the other side, in a 1969 interview, then Israeli Prime Minister Golda Meir said this: "There was no such thing as Palestinians."  She went on:

When was there an independent Palestinian people with a Palestinian state? It was either southern Syria before the First World War and then it was a Palestine including Jordan. It was not as though there was a Palestinian people in Palestine considering itself as a Palestinian people and we came and threw them out and took their country from them. They did not exist. (Emphasis mine)

What she says here with the exception of the last sentence, is not entirely without merit. Before the establishment of the state of Israel in 1948, the territory of Palestine had been under the control of the colonial powers of Great Britain, the Ottoman Turks, several other Muslim groups broken up for a brief period by European Crusaders, the Byzantine Empire, the Romans, (with brief interludes of Jewish rule), the Greeks, the Babylonians and the Persians. That takes us back to about 600 B.C.E. when the Hebrews still ruled over much of the area when the Egyptians weren't calling the shots. In none of that time was there a Palestinian state governed by a people called the Palestinians.   

According to Meir's framework, the people who came to be known as Palestinians, were simply Arabs who happened to live in Palestine. As such they were subjects of the imperial powers mentioned above and were referred to as Palestinian Arabs. Golda Meir compares these people to the Jews like her, who lived in Palestine before 1948, and were referred to as Palestinian Jews. 

So she's right in that there was never a Palestinian state. Other commentators point out that even the word Palestine is a Greek, not an Arab word. 

Golda Meir spent years backpedaling her remark but the idea of a lack of a true Palestinian identity has been picked up by many hardline defenders of Israel and has been the foundation of their argument that the people who identify themselves as Palestinians have no legitimate case. In their view, they are simply Arabs who should live with other Arabs in places like Jordan, Syria, Lebanon and Egypt. 

The germ of that argument may be factually true, but in its entirety the argument can be refuted in two words: so what? 

Before World War I, about 700,000 Palestinian Arabs lived in the region as had their ancestors before them for millennia. There was no mass migration of Arab people into Palestine, no one date when we can say the Arabs arrived in Palestine. Modern day Palestinians can legitimately trace at least part of their ancestry to the region back to the time of Abraham and before.

As can the Jews.

The Arabs of Palestine had their own towns, farms and way of life. They bonded as a community. They had developed their own culture and language, one of the many dialects of Arabic. And they lived in peace with members of the Jewish minority who had remained after the mass exodus during the first century C.E. after the Romans destroyed the Second Temple. 

That all changed after World War I as the massive immigration of Jewish people into Palestine, made possible by Great Britain with the Balfour Declaration of 1917 which declared British support for the establishment of a Jewish homeland in the region, which completely changed the demographics of Palestine. 

Tens of thousands of Arab Palestinians were evicted from their homes and forced into exile, communities were destroyed, olive trees that provided Palestinian families their sustenance for centuries were uprooted, and entire towns were leveled. One incident was so horrific, The Deir Yessin Massacre, the obliteration of an Arab town near Jerusalem by radical Israeli terrorists, that it bears resemblance to what happened three weeks ago outside of Gaza, again if not in body count, in terms of sheer depravity. Remember as Sam Harris pointed out, intentions count. 

Today, Jewish people from every corner of the planet who have never set foot in the place are welcome to move to Israel upon which they automatically become citizens, yet Arab people who were born there and have since left for whatever reason, are denied that right.

I could go on forever describing sins of the past and present but what's the point?

The question of the day is where do we go from here?

Among the people making the rounds on the interview circuit in the past month is the Israeli author and historian Yuval Noah Harrari, who has friends and family members in Kibbutz Be-eri who were victims of the 10/7 massacre.

Harrari has been a strong critic of the current government in Israel led by Benjamin Netanyahu, who according to Harrari is a populist, conspiracy theory driven strongman with aims to divide Israelis in order to shore up his own power. (sound familiar?). Harrari directly attributes the "success" of the Hamas 10/7 assault to the distraction caused by Israeli political infighting which led to a breakdown of security forces and Israeli intelligence resulting in letting their guard down, enabling the Hamas terrorists to cross the heavily defended border virtually unencumbered. 
 
Harrari also finds Israel's response to the attack unacceptable. While he agrees that Hamas must be dealt with severely, he doesn't agree with the hard liners' stance that the terrorist group must be annihilated. 

Beyond the obvious moral ramifications of killing thousands of innocent Palestinians in order to wipe Hamas off the face of the earth, there are strong tactical points that should be considered using Harrari's logic. 

Hamas knew exactly what Israel's response would be to their 10/7 attack, and Israel is playing right into their hands. Hamas on its own has no chance to stand up militarily to the mighty Israeli armed forces. But they know that thousands of dead Palestinians at the hands of Israel will further harden the hearts of the remaining Palestinians to the thought of a negotiated peace, and turn much of the world against Israel. In this sense, every dead Palestinian at the hands of Israel is a victory for Hamas, whose stated goal is the replacement of Israel by an Islamic state. 

Annihilating Hamas, if that is even remotely possible, would inevitably result in the deaths of several more tens of thousands of innocent Palestinians and the displacement of millions. With Hamas gone at the cost of all those lives, something will inevitably arise to take its place. Something that is, that will probably be much worse. 

Demanding justice is a normal, fundamental human desire. But Yuval Harrari poses this question: what is more important, justice or peace? There will never be traditional eye-for-eye justice for the 10/7 attack, just as there will never be justice for 9/11, Deir Yessin, or the Holocaust. 

The only real justice for the victims of these atrocities is to do everything in our power to ensure they never happen again. 

Justice in the form of retribution only leads to more retribution, an unending cycle, just as we've had in the past 75 years. 

Harrari proposes a rekindling of the peace talks between Israel and Saudi Arabia that were looking very promising up until 10/7, in fact he speculates their very existence was one of the prime motivations for the attacks. The last thing Hamas, a jihadist organization wants is peace with Israel.

Then in Harrari's words, with a 
coalition of the willing – ranging from the US and the EU to Saudi Arabia and the Palestinian Authority – should take responsibility for the Gaza Strip away from Hamas, rebuild Gaza and simultaneously completely disarm Hamas and demilitarise the Gaza Strip.
With a rebuilt Gaza, and assurances from Israel to keep their hands off, maybe, just maybe there will be some hope for the future among Palestinians and the possibility that one day they will be able to live with dignity. And if that happens, maybe just maybe, Hamas and other similar groups will be seen for the truly needless destruction they cause and will be rendered irrelevant.

Yes it's farfetched but it's an infinitely better scenario then simply blasting Gaza to kingdom come, which is what we are experiencing now. 

But peace won't come unless attitudes on both sides change. 

Moshe Dayan was a formidable Israeli military leader and politician from the state's founding until his death in 1981. In 1956, he delivered the eulogy of a fallen comrade killed outside his kibbutz near Gaza by Palestinian fedayeen. Defining the reality and the terrible moral compromise forged with the establishment of the State of Israel, Dayan's words are resolute, yet filled with self-reflection and anguish:
Let us not condemn the murderers. What do we know of their fierce hatred for us? For eight years they have been living in the refugee camps of Gaza, while right before their eyes we have been turning the land and the villages, in which they and their forefathers lived, into our land.

Not from the Arabs of Gaza must we demand the blood of Roi, but from ourselves. How our eyes are closed to the reality of our fate, unwilling to see the destiny of our generation in its full cruelty. Have we forgotten that this small band of youths, settled in Nahal Oz, carries on its shoulders the heavy gates of Gaza, beyond which hundreds of thousands of eyes and arms huddle together and pray for the onset of our weakness so that they may tear us to pieces — has this been forgotten? For we know that if the hope of our destruction is to perish, we must be, morning and evening, armed and ready.
Imagine that kind of honesty coming out of the mouth of ANY politician today, let alone one involved in the Israel/Palestine crisis.

Compare Dayan's words to these words addressed to the Palestinians, of Israel's current finance minister Bezalel Smotrich:
you are here by mistake because Ben-Gurion (Israel’s first prime minister) didn’t finish the job in ’48 and didn’t kick you out.

Clearly we not only need to disarm organizations like Hamas, but we also need to encourage the Israeli and the Palestinian people to stop choosing religious-zealot-extremists to lead them, as leadership on both sides has tragically failed its people.

As I said above, Israel and the Palestinian people are here to stay, despite the rantings of sociopathic lunatics.

We need to tone down the rhetoric and be willing to listen to different voices to try to understand our adversaries, instead of demonizing or dehumanizing them. 

Most of all, rather than declaring ourselves on the side of the Palestinians or the Israelis, all people of good will should declare ourselves to be on the side of peace.

I'm not at all optimistic peace will come, but what other choice do we have?

Sunday, October 15, 2023

Yo No Sabo

Last July in Los Angeles, El Tri, the Mexican National soccer team, won the CONCACAF Gold Cup, the men's Pan-American Championship. The final game was covered by ESPN Deportes, the Spanish language branch of the cable sports network. After the game, one of their reporters, José del Valle, sought out Mexican fans celebrating their team's victory and came upon a young boy wearing the El Tri jersey. The reporter introduced the child to his audience as "the future of Mexico", but when he began asking questions, it was clear the boy was not a fluent Spanish speaker. To which the reporters in the studio lamented that the boy belongs to a generation that no longer speaks Spanish. 

So much for the future of a Spanish speaking Mexico I guess was the message of the moment.

The video of the incident posted on YouTube went viral with comments shaming the boy, his parents, and Latin American parents in the United States who do not teach their children Spanish.

Since then, the media, social and otherwise have been flooded with articles and reports asking the question: "is Spanish fluency an essential part of being Hispanic?"  

There are two words that can best describe the situation: it's complicated.

I have an opinion which I'll share at the end of this post. As I'm not a member of that community, my opinion is irrelevant. However, as a child of an immigrant whose native language was not English, as a parent, and as a passionate, yet challenged language learner myself, I do have a bit of perspective.

So here's my story:

My father immigrated to this country from Czechoslovakia in 1955. He moved to Chicago and met my mother in the fall of 1957. After a brief romance, they married in January 1958 and later that year, I was born. That's how it was done in those days I guess.

Anyway, my dad had his heart set on teaching his only son his native language, which he began to do. An audio tape of a two year old me once existed where I was speaking perfect two year old Czech. When I heard the tape perhaps ten years later, I asked what had happened, why was my Czech so much better then than it was now? I can't remember what my dad's response was but knowing him, he probably blamed it on me. 

Years later after having children of my own, it makes perfect sense. My dad married a woman who was not Czech so obviously, Czech was not spoken at home between my parents. While my dad valiantly tried to speak to me in Czech from the outset, he, a man of little patience, must have given up at some point when it became obvious that I was more interested speaking the language that was all around me, English, rather than Czech. 

Which is too bad because boy how I wished I could speak Czech, especially when I worked for my father in his paint store and got stares of incredulity from his Czech customers when I had to tell them "Nemluvím česky", "I don't speak Czech."  "What's wrong with that kid?" my mind's ear could hear them say to themselves, in Czech of course.

And boy do I wish I spoke Czech now.

So in a way I can identify with the "no sabo kids", a derogatory term for Hispanic-Americans who speak either broken or no Spanish. "No sabo" incidentally is grammatically incorrect Spanish for "I don't know", making the put down doubly insulting.

I don't blame my father one bit. I have friends who successfully taught their kids to be bi-lingual from the get-go without the help of their spouses, and understand the commitment it took on their part, both parent and child. I especially appreciate it when I think back on all the things I wanted to do for my own children but didn't, simply because life got in the way.

No Pop, it wasn't your or anybody else's fault that I didn't turn out speaking Czech, although I haven't given up hope that one day...

I said I can identify with the no sabos "in a way" because the issue is vastly more complicated for Latin American people than it was for me. 

Here are some thoughts:

With the exception of Anglo Saxons, every racial/ethnic group in the United States has experienced marginalization and discrimination to a degree, some obviously more than others. With some groups, once members became culturally integrated into the population, usually one or two generations after family members first arrived on these shores, successfully assimilated children, grandchildren and great grandchildren of immigrants transformed from being the marginalized into being the marginalizers. Assimilation historically involved losing the traits that define the culture from which one's ancestors came, or at least sublimating them to a degree where they don't interfere with the traits that once defined a "typical" American. 

Being a "typical" American, even as recently as a half century ago, meant fulfilling certain well-defined requirements. It meant having values such as personal liberty, upward mobility, and owning a home. A typical American may or may not have been a church goer, but usually identified him or herself as Protestant Christian of one denomination or other. A typical American spoke Standard American English without a trace of a foreign accent and above all, a typical American was white.  

You can see this for yourself in popular culture by watching movies from an earlier era. Even a film with "progressive" sympathies such as the 1947 classic It's a Wonderful Life, presented its vision of that wonderful life as centering around a small town, (another typical American value) populated by White Anglo Saxon Protestants. The handful of people in the film that did not fit that description were Annie the black housekeeper, Mr. Martini, the Italian bar owner, and the nameless immigrant residents of the housing development on the outskirts of town, made possible by the honorable and humble Building and Loan at the center of the story. 

These "ethnic" characters while treated with a modicum of respect by the filmmakers (unusual for the time), were outsiders looking to land themselves a piece of that wonderful life, the so-called "American Dream." One of the implied messages of the movie is if the people in the projects kept their noses to the grindstone and strove to achieve those requirements and maintained the values mentioned above, they too could one day be welcomed into the town proper as full-fledged members. Martini, with his strong Italian accent may never quite reach that promised land, but his children, whom we assume would have lost the accent, might. 

But what about Annie's offspring? Well, they would still be black and at least in the Bedford Falls we see in the movie, there are no black people other than servants, whom we assume lived in their own section on the outskirts of the town proper. Their skin color meant there would be no assimilation for them, therefore no membership in the promised land.

1947, the year It's a Wonderful Lif e was made, was a watershed year in American history. It was the year the color barrier was broken in "organized baseball", a milestone in the history of race relations in the United States. 1947 was the year things began to change in this country, albeit drop by drop. 

Much has been written about the modern Civil Rights movement coming to life after World War II when black veterans after serving their country with distinction, came home to find they were still treated as second class citizens.

The same was true for Hispanic veterans. 

Discrimination against and the marginalization of Latinos in the United States may have taken different forms, but both have been as pervasive and have existed at least as long as the discrimination and marginalization of black people in this country. The two groups are intrinsically connected by their subjection to racism, exploitation, segregation, rejection, and even by the issue of slavery.

In an article published in August 2019 in the Washington Post titled A History of Anti-Hispanic Bigotry in the United States, responding to the idea that resentment against Hispanics has increased since the rise of vile rhetoric on the part of the ultra-right, the article's author Maria Arana assures us that:

It has not. These are long-held resentments. For centuries they have been fed by ignorance, racism and a stubborn unwillingness to understand a population whose ancestors were here by the millions — long before the first pilgrim set foot on Plymouth Rock.

A pivotal moment for Americans of Mexican descent was the Mexican-American War of 1846-1848. The westward expansion of the United States all the way to the Pacific Ocean was considered by many, to be the will of God. This was expressed by the term "Manifest Destiny" which was coined in 1845 by a columnist named John L. O'Sullivan who wrote the following in the New York Morning News:

And that claim is by the right of our manifest destiny to overspread and to possess the whole of the continent which Providence has given us for the development of the great experiment of liberty and federated self-government entrusted to us.

The chief obstacle to U.S. Manifest Destiny was Mexico which at the time included what is now California, Nevada, Utah, most of Arizona, New Mexico, and Colorado, and parts of Oklahoma, Kansas and Wyoming. Texas, once also part of Mexico, declared its independence in 1836. However, Mexico refused to recognize that independence even after Texas U.S. statehood was declared in 1845.  

The high-minded expansion of democracy and liberty from the Atlantic to the Pacific was not all that drove the United States to eventually go to war with Mexico. Southern politicians were eager to gain territory for political reasons, chiefly to expand slavery into potentially future states. Increasing the number of slave states would add like-minded representatives to Congress to strengthen their standing against the free states of the North. 

Efforts to purchase land from Mexico were unfruitful leading the United States to send troops to disputed parts of Texas. When Mexican forces repelled the U.S. forces, Congress declared war against Mexico. 

The war was short lived; in a little over one year of fighting, U.S. forces marched into Mexico City.

The U.S. government was at odds over the terms of settlement, some going so far as to advocate for complete U.S. annexation of Mexico.  

Annexing land that once was Mexico's was met with opposition by South Carolina senator and former vice president John C. Calhoun whose words would be reflected in the attitudes of generations of Americans to follow:

We have never dreamt of incorporating into our Union any but the Caucasian race--the free white race. To incorporate Mexico, would be the first instance of the kind of incorporating an Indian race; for more than half of the Mexicans are Indians, and the other is composed chiefly of mixed tribes. I protest against such a union as that! Ours, sir, is the Government of a white race.... We are anxious to force free government on all; and I see that it has been urged ... that it is the mission of this country to spread civil and religious liberty over all the world, and especially over this continent. It is a great mistake.

The following year Mexico and the United States came to peace terms with the signing of the Treaty of Guadalupe Hidalgo which saw Mexico ceding 55 percent of its territory to the United States, and the establishment of the U.S. /Mexico border which exists to this day.

Along with land, the U.S. inherited the people who lived there. 

Here again is Maria Arana:

...that victory came with hostages: the Mexican American people. That grudging population was not easy to exterminate; not by war, nor by verdict. There were too many to be herded down trails of tears or consigned to faraway exile, and they were useful, if vexatious. They knew the land, worked the land and could be put to work for white overlords.
The people living in the lands ceded by Mexico to the United States were automatically granted U.S. citizenship. But much like the rights (including property rights), granted to former enslaved people after the Civil War by the Reconstruction amendments, the legal status of these new American citizens was largely ignored. 

As Maria Arana suggests, so long as Mexicans proved useful as a reliable source of labor, often doing work other Americans refused, they were tolerated. Once that usefulness faded, Mexican U.S. citizens were shunned, blamed for taking jobs away from "real" Americans, and were often the victims of segregation, forced replacement to Mexico, violence and even lynch mobs. 

Most related to the subject at hand, despite there never having been an official language of the United States, speaking Spanish in public in parts of the country was strongly discouraged and even outlawed. 

And so, the die was cast for the next century and half of Americans of Mexican descent living as foreigners in their own country, much as Martin Luther King said of Black people in his "I Have a Dream" speech.

Of course, people with ties to the Spanish speaking nations of the Americas living in the United States are not limited to Mexicans. Hispanic people come from the Caribbean, Central and South America, all with distinct cultures, reasons for being here, and legal status. Latinos are an ethnically and racially diverse group, their ancestry is African, Indigenous American, European, Asian, and all possible combinations of those.   

Chicago alone has two major groups representing nearly 85 percent of the city's Hispanic population, one from Mexico, the other from Puerto Rico, two countries with vastly different cultures. The remaining Hispanic population of the city has representatives from Central and South America and other Caribbean island nations, each with its distinct culture. Many things make up a culture, history, tradition, religion, values, art, music, cuisine, sports, dress and of course language, just to name a few. The one and perhaps only thing all these cultures have in common is the Spanish language.

Several years ago, well before the 2016 presidential election, I got into a conversation with a white guy during a long train ride. We got along well until the subject of language came up. He mentioned that there were people seriously studying Klingon, a pretend language invented for the Star Trek movies. I suggested that perhaps their time would be better spent learning a real language such as Spanish. He reacted almost as if I had made a disparaging remark about his mother. 

Showing his discontent with Hispanic people and his disapproval of the amount of Spanish he was subjected to on a daily basis he said:  "If only these people would learn to assimilate and speak English..." although I don't think he said it quite so politely. 

Fortunately, we had just about reached our destination and soon parted ways.

Unfortunately, many Americans are under the mistaken impression that the majority of Hispanic people in the U.S. do not speak English and have not adequately integrated themselves into American society.

Here's a link from the Pew Research Center that proves otherwise. 

Having said that, I realize the impossible position Latinos find themselves in this country. For generations they have been pilloried for not speaking English well enough, and now the ones that do are shamed for not speaking Spanish well enough. 

I guess you just can't win.

But there is another factor involved, race. To illustrate I'll use another example from popular culture of the past. 
 
Lucille Ball was already a star before the creation of the television show that bore her name: I Love Lucy, perhaps the most successful program in television history. The show was created to be the TV version of the radio program, "My Favorite Husband" where Ball played alongside Richard Denning as her eponymous husband.

For the TV version, Ball insisted that Denning's roll be played by her real-life husband, Cuban American bandleader Desi Arnaz. CBS, the network that was to produce the program, balked at the idea of presenting a show featuring the mixed marriage of an "all American girl", and a "Latin man". Despite the network's objections, Ball and Arnaz were able to convince the sponsors, the tobacco company Phillip Morris, that the idea of pairing two individuals from different backgrounds could fly on broadcast TV.

I Love Lucy was groundbreaking for several reasons, not the least of which was its depiction of a cross-cultural marriage, a subject barely touched upon in popular culture at the time, even though it was becoming more and more a reality in American life, my parents being an example. The show also played a role in popularizing Latin American culture with the general American public. 

Of course, Desi Arnaz was white.

Were he black like the great Cuban bandleader and singer Benny Moré, or of mixed heritage, the show would never have gotten off the ground. That kind of pairing in popular culture would have to wait another decade and even to this day, the issue still fraught with unease and difficulty, at least in some circles.

The truth is, it's all about race. 
 
A majority (62%) of Hispanic adults say having a darker skin color hurts Hispanics’ ability to get ahead in the United States today at least a little. A similar share (59%) say having a lighter skin color helps Hispanics get ahead. And 57% say skin color shapes their daily life experiences a lot or some, with about half saying discrimination based on race or skin color is a “very big problem” in the U.S. today, according to Pew Research Center’s National Survey of Latinos, a bilingual, national survey of 3,375 Hispanic U.S. adults conducted in March 2021.
 About a quarter of Latino adults say they have personally experienced discrimination or unfair treatment from other Latinos. Having darker skin and being born outside the United States are associated with an increased chance of experiencing this type of discrimination, according to a Pew Research Center survey conducted in March 2021. At the same time, Latinos say they are as likely to experience discrimination or unfair treatment from non-Latinos as from fellow Latinos, regardless of skin color or their country of birth.
Racial discrimination and the poverty stemming from the lack of opportunities for people of color is not unique to the United States, this from the United Nations Chronicle:
What is rarely mentioned is that most (Latin American) nations still confront deeply seated racial inequality and discrimination that impacts all aspects of economic and social life...
 
Data illustrates that race continues to be one of the most persistent predictors of poverty in the Americas, which is particularly troubling because African descendant populations tend to speak their nation's language as their mother tongues -- whether it is Spanish or Portuguese -- and are in close proximity to urban, coastal, port or mining areas, which tend to be centres for employment and economic growth opportunities. 
A few years ago, I told a Latina friend that I had resumed studying Spanish forty years after I took it in high school. She gave me a sly look and said: "Spanish is the language of the colonizers, what you really should be studying is Quechua", one of the languages of the Inca civilization.

Romantic and wildly impractical to be sure, especially given my lack of language learning acumen, but my friend brings up a good point.

If helping preserve a heritage is your intent, why learn Spanish? Spanish, just like English, Portuguese and French, is merely one of the lingua francas of the Americas, languages of power, authority and subjugation. The majority of people in North and South America can trace their own heritage, (not very far back in some cases like my own), to people who had no connection to any of those languages. 
 
Great cultures existed in this hemisphere before the arrival of the Europeans who did everything in their power to wipe them out. They mostly succeeded.

Fortunately, they couldn't wipe out the people, many of whom in addition to facing discrimination of their own, are struggling today to preserve the remnants of their Pre-Columbian cultures, the most tangible symbol of which is their language. Sadly, thousands of indigenous languages have become extinct and most of those that survive are in danger of the same fate.

On the other hand, the last time I checked, testimony to the tremendous success of, second only to Great Britain's, Spain's rapacious appetite for conquest: 
  • Spanish is the fourth most spoken language in the world. 
  • Just behind Spain itself, the United States ranks number five in the world's nations in the number of Spanish speakers. 
  • Mexico is number one.
  • 75 percent of Latin Americans in the United States claim to be at least somewhat fluent in the Spanish language. 
  • The U.S. Census Bureau predicts that the Hispanic population of the United States will reach 111.2 million, nearly double that of the Hispanic population of the last census. 
In other words, Spanish is not an endangered language by a long shot, not in the United States, not in the rest of the world, and especially not in Mexico.
 
So it would appear the appropriate response to the anchors over at ESPN Deportes who were so bothered by the young Mexican fan of El Tri not speaking Spanish well enough is the following:

No se preocupen chicos, ¡siempre tendremos español!


As promised at the top of this post, here is my entirely irrelevant opinion:

Should Latin American parents living in the United States teach their children Spanish? 
Of course they should! 
If they want to that is.

Should no sabo kids learn the language of their ancestors?
Definitely!
If they would like to.

Should Hispanic people be shamed for not speaking Spanish?
Absolutely not. 
Period. 

After all, south of the Rio Grande and in the nations of the Caribbean, you won't hear people referring to themselves as "Hispanic" or "Latino" or any of its derivatives, as those categories have U.S. origins.

Instead you will hear "mexicano", "boriqua", "guatemalteco", "venezolano", and other Spanish and indigenous words (properly not capitalized here), adjectives describing the people and cultures of Latin America.*
 
What this means is that Hispanic, or if you prefer, Latino culture, is primarily an American** and Canadian culture.

What THAT means is that Latino culture is a mixture of the cultures of ALL of Latin America (including the non-Spanish speaking parts), on top of the already diverse cultures of the U.S. and Canada. Would you call that diversity squared or diversity cubed?

That to me is wonderfully mind-blowing.

Even more exciting is that Hispanic/Latino culture is a work in progress, evolving before our very eyes. 

It may not be to everyone's liking but fortunately, at least for me, the "typical" white bread America of Leave it to Beaver (to use another pop culture reference), doesn't exist anymore, if it ever did. 

We are a diverse lot and that is something to embrace, not to fear. Of all the groups who call our country and Canada home, (hopefully no one objects to me conflating the two), by far the most diverse is el pueblo Latino. 

What diversity means, or should mean, is that everybody gets the chance to be him or herself, ideally without being judged. That kind of liberty is still the great promise of U.S. and Canadian culture. We may still be a long way from there, but despite the recent hiccups, that's the trajectory we've been heading in for quite some time. 

As the most diverse community in an already diverse culture, in my humble opinion, el pueblo latino should and usually does lead the way as far as embracing its heritage(s) ALONG WITH the diversity of its people, including their language(s) of preference whether they be Spanish, English, Portuguese, French, one or more of the plethora of indigenous languages, or any combination therein.

That is indeed something to celebrate. 

¡Feliz Mes de la Herencia Hispana!


CODA

* There are Latin American people in this country who still refer to themselves by their or their ancestors' country of origin, yet the generic terms of "Hispanic" and "Latino" are becoming more common, thanks largely to the U.S. Census Bureau. Answering the call for the government to provide more resources for Americans of Latin American descent, in 1980 the bureau decided to create a new race category on their forms, adding to their previous list which was then limited to "black", "white", and the ever popular, "other".

Thus, the category "Hispanic" was born. As one might guess, the term Hispanic is problematic as the word implies people who speak Spanish, therefore it is not inclusive of all the people from Latin America, which is not exclusively Spanish speaking. Brazil is an example, Haiti another.

Enter the term "Latino" which was adopted by the U.S. government in 1997 to be inclusive of all people with Latin American connections regardless of language spoken, even presumably the hundreds of indigenous languages that have absolutely nothing to do with Latin, the origin of the colonial languages of Latin America.

But Latino has its problems too. Spanish is a highly gender binary language where all nouns including inanimate objects are assigned a gender. So, in traditional Spanish we would refer to men as Latino and women, Latina. Infuriating to modern sensibilities, a mixed group of men and women, even if there are many women and only one man, defaults to the masculine Latino. There are also people who do not wish to be identified by any gender. 

One way to address this issue is the introduction of the non-binary term "Latinx" (pronounced "Latin - ex") which has become accepted in some circles. However, Latinx is a word that would never occur in the Spanish language, consequently it is offensive to the sensibilities of many native Spanish speakers who accuse users of it as culturally appropriating Spanish by anglicizing the word. The more Spanish sounding Latine has been proposed but it hasn't really caught on. Likewise Latin@ (not quite sure how to pronounce that one), which looks like it was taken from standard Martian.

As there is no consensus in the community regarding the best word to describe itself, I decided in this post to use the terms Latin American, Hispanic and Latino(a) interchangeably.

** By "American" here I'm referring to the United States of America, another topic of controversy. People from Latin America understandably object to the adjective "American" specifically pertaining to the United States. After all, they live in America too. Unfortunately, in English we don't have any other adjective describing the U.S. Spanish does, the rather awkward  estadounidense, which translates literally to United Statesian. What do you think?

The argument for keeping American to describe a person living in the United States is that this is the only country in all of the Americas, with the word America in its official name. For that reason, I use it whenever necessary.

Thursday, September 28, 2023

A Quick Post Mortem

In the "I watched it so you won't have to category", here are some quick thoughts on the winners and losers of last night's Republican Presidential Debate:

A winner, sort of: Tim Scott, who sleepwalked through the first debate last month, woke up last night and scored a few points by directly going after some of his rivals on the stage. He took swipes, as did practically everyone else, at Vivek Ramaswamy on his business dealings with China, and at Ron DeSantis on his state's controversial guidelines for history education. That exchange produced the highest moment of gravitas in the evening when Scott who is black said: "there is not a redeeming quality in slavery." He said that because the Florida guidelines put in place by DeSantis suggest there was.

This led to a brief discourse by the junior senator from South Carolina on how despite the injustice and depravity of the institution, black people in this country survived slavery, discrimination, poll taxes and literacy tests "woven into the laws of our country." He went on saying that black people have had a much harder time surviving Lyndon Johnson's "Great Society" and the welfare system it produced which according to Scott, did much to destroy the black family and create a permanent underclass. This is a classic, traditional conservative argument that will certainly win him some votes as much as bring out the the wrath of the left.

Scott looked downright silly though when he challenged his former mentor Nikki Haley about expensive curtains she supposedly bought for her office at the UN when she became the U.S. Ambassador. Haley correctly pointed out that the curtains preceeded her. "Did you send them back?" was Scott's response.

A loser: I was less than impressed with Mike Pence this time, perhaps because I over-estimated him after his last debate performance. While he thanked the moderators for every question sent his way, more often than not he refused to answer those questions. He is however the surprise winner of my bat-shit crazy idea award, when he proposed as a solution to mass shootings, a fast track to execution for the perps.

Runner up to that award and clear-cut winner of my constitution schmonstitution award is Ramaswamy's plan to eliminate birthright citizenship in the United States, something that is guaranteed in Section One of the Fourteenth Amendment.  

Best line of the evening goes to Nikki Haley for this response to Vivek Ramaswamy: "honestly, every time I hear you, I feel a little bit dumber for what you say." Second best line goes to moderator Dana Parino. I don't remember the exact line but after one of Mike Pence's many end runs around one of her questions, she interrupted him saying, "yes that's great Mr. Vice President but what about (then she restated the original question)", which again, he failed to answer.

Biggest lost opportunity of the evening goes to there being not one mention of the exPOTUS's recent comment about executing the Chairman of the Joint Chiefs of Staff. Oh, wait a minute, this debate was hosted by FOX News, how silly of me. As if...

OK the biggest lost opportunity goes to Ron DeSantis for once again failing to man up and just, as Tim Scott suggested, drop the line that suggests that people benefited from slavery from his school guidelines. Instead, while intentionally mispronouncing her name, DeSantis claimed the whole issue was dreamed up by Kamala Harris. No, it wasn't Ron, it's right there in black and white, if you'd only bother to read the guidelines you insisted forcing upon the schools in your state.

The lamest attempt at humor goes hands down to Chris Christie for two clunkers. First was his comment that went something like this: "Trump ducks out of these debates so much we're gonna start calling him Donald Duck."  If he had said it like that it may have sounded a little funnier but he added a lot of words between the ducking out part and the punchline so that if you were drifting off like I was, you might have missed the connection. "Oh I get it!"  I  said to myself this morning when I heard it replayed on the radio 10 hours after the fact, once again proving that in comedy, timing is everything. 

The other was his rather cringy line reacting to the problem with education in this country: "Joe Biden is literally in bed with a member of a teachers union" (his wife).

Bad humor plus a real slap in the face to union members including this new union member, makes Christie in my book, the biggest loser of the evening.

The I still can't remember his name without looking it up award goes to, wait a minute...oh yeah, goes to Doug Burgum.  

Once again I have to say the overall winner of this race to second place in the Republican primary goes to Nikki Haley who so far at least, seems able to run circles around the rest of the competition in a debate. In marked contrast to her last appearance where she appeared to be looking ahead to the general election by talking about consensus and reasonable goals, this time she went all in on the issues Republicans want to hear such as border security and energy independence (there is no such thing by the way). She went in lockstep with DeSantis and his idea to send troops into Mexico to stop illegal immigration and the flow of fentanyl. She even out-flanked DeSantis to the right when she challenged him on his resistance to fracking and off-shore drilling in his state. In characteristic fashion, rather than reasonably explaining his position, DeSantis huffed, puffed and shrugged it off, claiming Haley was wrong. 

She wasn't.

Many pundits are claiming that these candidates slugging it out against each other in a race they know they can't win are auditioning for vice president. Some of them perhaps are, such as Ramaswamy whom I imagine would be thrilled to be Donald Trump's second fiddle. I'm betting that DeSantis is still going for all the marbles in this go around, and sticking to my call in a previous post that Haley is running for the 2028 nomination. Trump would be wise to pick her as his running mate if he wants to actually win the general election fair and square, but I think he's looking for more of a toady, someone without a shred of integrity like Marjorie Taylor Greene or Matt Goetz to do his bidding and nothing else. 

For her part, being Trump's running mate would be a lose-lose proposition for Nikki Haley. If a Trump/Haley ticket should lose in the general election, that probably would not bode well for her future aspirations. If they win, she would more than likely end up being the next Mike Pence, which would be even worse.  

As for Mike Pence, well I don't think he's looking to be the next Mike Pence either.                                

Nikki Haley certainly understands that things have not worked out well for anyone who has ever gotten close to Donald Trump, and she'd be foolish to accept the offer if it comes her way.

I think she's way too smart for that. 

But I wouldn't bet money on it, I could be wrong, I certainly have been before.



Let the good times roll.

Saturday, September 16, 2023

Saving Democracy from Itself?

During the reign of the 45th president of the U.S., I often contemplated who would have made a better chief executive. One of the many candidates was my cat.

"That's ridiculous..." you say, "a cat can't be president." 
 
Really? Well, here's what Article II, Section I, Clause 5 of the U.S. Constitution has to say on the matter:
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
Notice the restrictions apply only to persons. It says nothing about similar restrictions applying to cats, dogs or any other animal, vegetable or mineral. 

In other words, nowhere in the Constitution does it explicitly stipulate that the President of the United States has to be a human being.

So why can't my cat Ziggy serve as president? And if the logic of many Americans holds true, if I were able to convince a critical mass of my fellow citizens that Ziggy would indeed be a fine president and got her onto the ballot, wouldn't it be considered "election interference" if people sued to get her off the ballot, claiming she was ineligible to run for president due to her catness?

Yes, that is ridiculous, but not a whole lot more ridiculous that a convicted felon serving time in prison being elected president, something the Constitution also doesn't mention. I guess the Founding Fathers must have assumed Americans would be smart enough to not consider voting for pets or incarcerated criminals for president, so they didn't bother with those stipulations. 

A cat being president is also not much more far-fetched than a president who took an oath to support the Constitution, blatantly violating that oath while in office, then expecting to be eligible to be president again. The U.S. Constitution does say something about that:
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
If you've been paying attention to the news lately, this text, Section Three of the Fourteenth Amendment to the Constitution, (here with my added emphasis) should be familiar. 

If you haven't been paying attention, calls from a wide range of folks representing different ideologies and political parties, have brought up that Article Three of the Fourteenth Amendment, also referred to as a "Disqualification Clause", clearly states that because of his actions on January 6th, 2021, Donald Trump is ineligible to be president again, short of two thirds of both chambers of Congress voting to reinstate his eligibility, an unlikely scenario.

As you can imagine, like the four criminal indictments encompassing 91 felony counts of wrongdoing that preceded the calls to declare him ineligible for office, the exPOTUS has dismissed the proposition as nothing more than an act of "election interference." Here's a quote from one of his campaign spokespeople:
The people who are pursuing this absurd conspiracy theory and political attack on President Trump are stretching the law beyond recognition much like the political prosecutors in New York, Georgia, and D.C.

I'm not sure what any of this has to do with a "conspiracy theory" or even a "political attack". Section Three is unequivocal and at least according to my non-legal mind, it is not stretching the law one bit when it comes to applying it to Trump who.... 

  • took an oath on January 20, 2017 to preserve. protect and defend the Constitution of the United States then...
  • following his reelection loss, took extraordinary measures to remain in power, all the while misleading the American public (those who would listen) by claiming without any evidence that the election was a fraud, then...
  • as a last-ditch effort to remain in office, summoned thousands of people who believed his lie to the U.S. Capitol to interfere with the formal certification of his opponent, and petitioned his Vice President to violate his proscribed constitutional duty to officially confirm the results of the election, then... 
  • did nothing when many of his supporter/rioters stormed the Capitol, even after they chanted to hang the vice president.
None of these acts are disputed. While the facts of the case could be challenged in a court of law as worthy of constituting criminal incitement of an insurrection, the majority of both chambers of Congress in bi-partisan votes agreed that Donald Trump did in fact, incite an insurrection. 

Regardless of one's take on the matter, there can be no doubt that without the president's lie of a stolen election and his call to fight it in his speech earlier that day, the dreadful events of January 6, 2021 would never have happened. The kicker is this: once the protest got out of hand and the Capitol was attacked and vandalized leaving dozens of Capitol Police officers and others severely injured, some of those injuries resulting in death, despite having the power to stop the violence and bloodshed by a simple tweet telling his supporter/rioters to cease and desist participating in an uprising against the government, he chose to remain silent and enabled the occupation of our Capitol to go on for hours.

If that does not constitute "engaging in an insurrection" I don't know what does.

Now let's see: taking an oath to defend the constitution, then engaging in an insurrection, put the two together and what do you have? According to our Constitution, ineligibility to hold office. So simple, a first grader could understand it. Heck even Ziggy the cat who is not particularly bright, even by feline standards, might understand it.

Donald Trump and his supporters don't or won't understand it.

Of course, the question arises if declaring Trump ineligible is worth pursuing. 
 
Author, staff writer for the Atlantic, and former Republican speechwriter (but no fan of Trump by a longshot), David Frum, argues it is not. In his August 29th article for the publication titled, The Fourteenth Amendment Fallacy: The Constitution won’t disqualify Trump from running. The only real-world way of stopping him is through the ballot box., Frum argues that the move to disqualify the former president is little more than a stunt based upon a heretofore obscure section of the Constitution intended specifically to prevent Confederate politicians from holding office in the post-Civil War South. Because of that, Frum claims that Section Three has little bearing today. Much better he contends, that the issue of Trump be settled at the polls. 

The real problem in Frum's mind are the repercussions that would result if the move to disqualify Trump would succeed. Would his supporters Frum asks, reject the results of a general election where their candidate lost because his name was left off the ballots in select states? *
 
Considering Trump supporters have already rejected the results of the 2020 election, probably the most scrutinized election in American history, the potential 2024 rejection Frum suggests is a forgone conclusion.

Frum goes on:
the use of the section to debar candidates would not stop at Trump. It would become a dangerously convenient tool of partisan politics...

If Section 3 can be reactivated in this way, then reactivated it will be. Republicans will hunt for Democrats to disqualify, and not only for president, but for any race where Democrats present someone who said or did something that can be represented as “aid and comfort” to enemies of the United States.
Well guess what?
 
The Republicans have been hunting for Democrats to disqualify for years.
 
Here are just some recent examples:
  • As we speak there is a movement underway in the House of Representatives to impeach Joe Biden. On what grounds you ask? "Don't worry, we'll think of something" is the general response. 
  • Trumplicans in Georgia are seeking to impeach Fulton Country District Attorney Fani Willis for doing her job in her role in the prosecution of Donald Trump and 18 co-defendants in their attempts to defraud that state's election process.
  • There's something even more sinister going on up in Wisconsin where newly elected State Supreme Court Justice Janet Protasiewicz is threatened by impeachment by the Republican legislature because she refuses to recuse herself from a gerrymandering case that benefits those same Republicans. Their grounds are that she called the newly Republican drawn legislative map, "rigged" in public during her election, admittedly not wise but certainly not grounds for impeachment, according to precedent in that state. Silencing her, which is a distinct possibility, will allow them to keep their map that has more twists and turns than Chubby Checker in a blender, (sorry, I couldn't resist), thereby ensuring minority rule in the state for at least another decade.
The reality is this: if the "disqualification clause" is invoked, nothing will change, it would only be one more weapon in the Republicans' toolbox to hold on to power by dismantling our democracy. 
 
The other day, Frum was featured in an NPR interview with Kim Whele, a constitutional scholar from the University of Baltimore. Whele is of the opinion that it's worth a shot to attempt to disqualify Trump:
...there's a faith in the electoral process that perhaps has failed us in this moment... the framers of the Constitution did include Section 3... I don't have confidence that it's worth the gamble to see if the process is going to work in the old-fashioned way, in getting people out to vote and having, in this instance, the front-runner with 60% of the Republican voter base... (and) hope at the edge of our seats that democracy is going to prevail and not put someone like (Trump) in office. Because in my view, if that happens, it's over.
I don't quite see eye-to-eye with Whele either, as she appears to be saying here that democracy is great when it yields acceptable results, but we need to shift course when it doesn't. In other words: we need to save democracy from itself.
 
I think she's missing a huge point which is this: democracy is never absolute; it is governed by rules. If the majority of the American people voted to bring back slavery, that would be a non-starter because of the Thirteenth Amendment. 
 
As we saw above, the Constitution, while it doesn't explicitly exclude cats from serving as president, (maybe we'll have to do something about that someday), does restrict the office to people over 35 and naturally born U.S. citizens. Which means that Congressman Maxwell Frost, currently 26 years old, and former Governor Arnold Schwarzenegger, born in Austria to Austrians, would both be ineligible to serve as president, for now at least in Frost's case. And the Twenty-Second Amendment disqualifies Bill Clinton, George W. Bush, and Barack Obama from serving third terms. Are any of those disqualifications, examples of unjust election interference or threats to our democracy? Certainly not, they're just the rules. 

It should not matter in the slightest that Article Three of the Fourteenth Amendment has not been used to date to disqualify someone from the presidency. It is as much a part of the Constitution as any other. It's not a new-fangled strategy to get rid of someone we don't like, but rather a very sensible rule proscribed by the Constitution 155 years ago that keeps elected officials, including presidents, from abusing their power by violating the will of the people and attempting to overthrow the government.     

What a novel idea.


CODA

* Here Frum is assuming the move to disqualify Trump would happen after the Republican nomination, leaving Republican voters out in the cold with a candidate who would ultimately be declared ineligible to serve. I agree that would be unreasonable. However, the Republican Convention is a little less than a year away and Republican voters have a large field of candidates to choose from who are not criminal defendants that engaged in an insurrection to overthrow the government. I'd say at least five of them have as good a chance to win the 2024 general election as Donald Trump, which is to say, not a very good chance. And there is one Republican candidate who in my book at least, has a very good chance to win the general election in 2024. You can read my previous post to see which one. 

I'd say it is incumbent upon those who are of the opinion that Section Three should be invoked, and can do something about it, to act quickly and let the matter be decided by the Supreme Court before the nomination process begins. If the Court agrees that Trump is ineligible to serve as president again, then Republicans will only have themselves to blame if they choose the one candidate of the bunch who cannot serve. 

If the Court does not agree, all we can do then is rely on the wisdom and common sense of the American electorate. 
 
Because without either of those, one day we might end up with this: 
 
 
 
 
 
 
 



Friday, September 8, 2023

And Then She Raised Her Hand

A couple weeks ago I said to a co-worker that the night before I had done the geekiest of things, I watched the Republican Presidential Debate in its entirety. "Why would you do that?" she asked.  Siting a bit of ancient wisdom filtered through Michael Corleone I responded: "because it's good to keep your friends close and your enemies closer."

But in all seriousness, while I may never vote for any of these candidates for anything, ever, I always find it a good idea to keep an open mind because as I've pointed out in this space time and again, I might actually learn something.

There were a few surprises for me this go around. Perhaps the biggest was the number of times the word "woke" was mentioned by Ron DeSantis in the debate, zero. It seemed clear in this reboot of his campaign, the third or fourth (I've lost count), his handlers must have advised him that his incessant use of the term had become tiresome. That bit of advice was sound. 

I do question his general approach to the debate however. He seemed like a carnival automaton, whenever called upon by the moderators, it was as if they were putting coins into the slot, and out would come a diatribe on one the of talking points near and dear to the hearts of the limited scope of Americans he hopes to attract. 

You could tell he was playing to the crowd with lines such as leaving drug cartel members "stone cold dead."

Unfortunately, for the Americans whom he is not trying to attract, stone cold dead best describes the feelings they have for him. To them, me included, Ron DeSantis is Donald Trump without the charm. 

Vivek Ramaswamy's star both rose and fell, depending upon which side you're on. He was certainly the most visible and audible of all the folks on the stage in Milwaukee that night, in both the number of words coming out of his mouth, and those coming out of his opponents attacking him. As his hero the exPOTUS, Ramaswamy understands that any attention, good or bad, works in his favor. 

He spent an endless amount of time talking in circles uttering nonsense, proving himself to be the true heir apparent to the former president. I must say though, he was slick, he handled the barbs coming his way from Mike Pence, Nikki Haley and especially Chris Christie with aplomb with perfectly timed comebacks. But I suspect his comment that Climate Change is a hoax didn't win him any support outside of the MAGA base, or even inside it with younger voters. It was certainly a deal breaker for a large segment of Americans. 

I thought Mike Pence gave a solid performance, perhaps because I didn't have particularly high expectations for him. He had the best one-liner of the evening when asked if presidents over a certain age should be required to take a mental competency test. Pence dispensed with that thought by saying perhaps everyone in Washington should be asked to take one. He made a good case convincing at least some of the MAGA faithful that he did the right thing on January 6th. When confronted by the question of Pence's actions on that fateful day, most of the candidates on the stage talked around the issue but at least grudgingly paid lip service to the former vice president. The exception was Chris Christie who said unequivocally that Americans owe Pence a great deal of gratitude. He's right.

Speaking of Christie, his role along with Asa Hutchinson (interestingly positioned together on the far left of the dais) as flies-in-the-ointment, attacking the former president, made them persona-non-grata among the highly partisan MAGA audience, drawing jeers and boos every time they opened their mouths. Christie was a little disappointing, probably because the opportunities to address the issue were few and far between. He had to interject his Mike Pence comment because the moderators were ready to move on to another topic before he got a chance to respond. In what seemed to be an obvious attempt by the FOX News moderators to limit Christie's time slamming the exPOTUS, late in the debate, Christie was asked about UFOs. The most memorable Christie moments were his jabs at Vivek Ramaswamy, at one point saying the 38 year old entrepreneur and presidential wannabie sounded like "ChatGPT". That made me feel really old and out of touch because I had to look up a contemporary cultural reference made by a Republican presidential candidate. 

The real disappointment of the night was Tim Scott who didn't manage to set himself apart from the pack in any way, shape or form. The biggest response to one of his remarks came when he stridently proclaimed that his first act as president would be to fire Attorney General Merrick Garland. Of course, being a Cabinet position, every new president appoints a new AG, so saying that is like saying the first thing he would do after being sworn in is give a speech. Duh.

North Dakota Governor Doug Bergum seemed like a nice and reasonable guy. His biggest moment came when it was revealed that he had suffered a torn Achilles tendon while (at 67), playing in a pickup basketball game in Milwaukee earlier that day. He made it through the debate, standing the whole time and turning in a respectable if not particularly memorable performance. He may not exactly be the Willis Reed of politics, but his calm demeanor was a welcome relief from all the noise and the fact that he made it through the two-hour ordeal enduring what must have been incredible pain was impressive by itself. The dark horse candidate made himself known to everyone who watched the debate. Unfortunately, most of them have forgotten him by now. 

I've given up trying to predict the future, especially the outcomes of elections. There's plenty of evidence in this space that practically right up to the 2016 election, I didn't think Donald Trump had a snowball's chance in hell of ever becoming president.

Recalling that, I'm not going to bother to predict what will happen in November, 2024.

Instead, I will offer an opinion that you can easily discount but can't possibly prove wrong which is this:  if a general election for president were to be held in the coming few weeks between Joe Biden and any of the men standing on the stage in Milwaukee (and the one who didn't show up), Joe Biden would probably win.

The woman is another story.

In my book, the hands down winner of the first Republican presidential debate was Nikki Haley. I'll add this: if a general election were held today between her and the president, she could beat Joe Biden, perhaps handily. 

Obviously, that's a moot point because she would have to win her party's nomination before she could run in a general election. And at least judging by the way things look now, that ain't gonna happen because A) Donald Trump is leading the polls by a whopping margin and B) Haley said little in the debate that would sway anyone in the Trump base away from him and towards her.

So how could Nikki Haley have possibly won the debate? 

It's simple, because she and the dudes who participated in the debate, with the possible exception of DeSantis, are running for the 2028 nomination, not the current one. 

There's the answer to the question many of us have which is why so many Republican candidates are running in an election they know they have no chance of winning.

It's the future stupid (I'm talking to myself here), and the road to the White House is a long haul that typically spans several election cycles. I can't count the number of times Joe Biden ran for president before he won in 2020*. Donald Trump was publicly talking about running for president (albeit as a pro-choice Democrat) all the way back in the eighties. His predecessor Barack Obama, while a relative newbie in the public eye, gained national attention four years before his election as a newly elected senator from Illinois in 2004 when he introduced himself to the nation by giving this inspirational keynote address to the DNC in Boston.

The cold reality is that it takes more than public support to become president, it takes money, gobs of it. The candidates we saw on that stage in Milwaukee beyond trying to get the public's attention, are all vying for funds to build up their campaign treasury. The folks with gobs of money on hand willing to contribute to a political candidate, do so because they expect some kind of payback in the end. That payback only comes if the candidate they support can actually win the general election, not just the party nomination.

Naturally the big contributors not only look for candidates who might give them something they want, but they also hedge their bets on the candidates they feel have the best chance of winning.

It was clear from her performance during the debate that Nikki Haley was looking beyond the Republican primary to the general election.

For example, Haley understands that the draconian anti-abortion stance Republicans have taken is not a winning strategy, not at the state level, even as we recently discovered in red-trending states like Kansas, Wisconsin, Ohio and others, and certainly not at the national level. 

Despite classifying herself as "pro-life", Haley advocated in the debate for consensus and above all compassion on the issue. I have not heard that kind of nuance advocated by any major candidate, Democrat or Republican. She focused on the issues all Americans "should agree upon" such as contraception being readily available, the promotion of adoption, not punishing women for having abortions, not forcing doctors with moral objections to perform abortions and banning late term abortions.** She dismissed the idea of a federal ban (even though she claims to support one), because the necessity of finding 60 votes in the Senate to make that happen is simply not attainable. In response, Mike Pence said that "consensus is the opposite of leadership" implying a more authoritarian approach he would take on that issue. That stance is music to the ears of the far right and may help him in the Republican primary but will prove fatal in the general election. 

Haley's personal highlight from the debate came during the topic of our Ukraine policy. Vivek Ramaswami advocated becoming closer to Vladimir Putin, suggesting we give up Eastern Ukraine to Russia, as if it were ours to give. Single-handedly taking a direct swipe at Ramaswami and an indirect swipe at her former boss the exPOTUS, his foreign policy and his love affair with the Soviet dictator, Haley said this:

You don't do that to friends. What you do instead is you have the backs of your friends. Ukraine, it's a front line of defense... Putin has said… once Russia takes Ukraine, Poland and the Baltics are next. That's a world war. We're trying to prevent war. Look at what Putin did today. He killed Prigozhin. When I was at the U.N., the Russian ambassador suddenly died. This guy is a murderer. And you are choosing a murderer over a pro-American country. 

Haley's schooling of Ramaswami and her implicit dig at Trump were noteworthy indeed. 

It was in fact, she, not Hutchinson nor Christie who delivered the harshest blows against Trump. When the economy, especially the debt and the natural Republican impulse to blame Joe Biden and the Democrats came up, Haley said this:

Donald Trump added 8 trillion to our debt and our kids are never going to forgive us for this. And so at the end of the day, you look at the 2024 budget, Republicans asked for 7.4 billion in earmarks, Democrats asked for 2.8 billion. So you tell me who are the big spenders.

Later in the debate, she laid it all on the line for any Republican willing to listen:

We have to look at the fact that three-quarters of Americans don't want a rematch between Trump and Biden. And we have to face the fact that Trump is the most disliked politician in America. We can't win a general election that way.

So consensus building was her debate performance that the conservative Haley garnered the notice and even the tepid praise of many liberal commentators. That is, until she raised her hand in the affirmative when the question was posed of the candidates if they would support Donald Trump were he the 2024 Republican nominee AND was convicted in one or more of the 92 felony counts he's facing. That was too much to handle for most of the left of MAGA tribe where the general consensus in the end was that Nikki Haley is a hypocrite. 

Is she? 

Cynical as it may sound, Nikki Haley is a traditional politician, and a damned good one. Show me a politician who could never be charged with hypocrisy, and I'll show you a losing politician.

Later, when Haley was questioned about that response, she retorted it was irrelevant because she would be the Republican nominee in 2024, not Trump. 

She has chutzpah too. 

Here's my take on Haley's M.O. 

She knows well that Donald Trump is more than likely to be the Republican Party's nominee for president in the 2024 election, regardless of the outcome of his plethora of legal issues.

She also figures that Trump is likely to lose the 2024 general election to Biden, just as he did in 2020. Haley and her team are banking on that and the logic that except for the most steadfast of Trump supporters, most Republicans will have to come to the conclusion that supporting the two-time loser and very likely jailbird Trump is not a good recipe for winning elections or the future of the Republican Party. 

If that comes to pass, Nikki Haley may be very well situated to be the Republican standard-bearer in four years, at least compared to the folks who shared the stage with her in Milwaukee two weeks ago. If the results of the last debate are any indication, Haley proved she is capable of standing up to her opponents, often leaving them in the dust. She may not have said a lot to sway the MAGA tribe to her side, but by not discounting Trump entirely, she's shown that while she may not be MAGA, she's also not a RINO. She's also one of the very few Republican candidates who have not been on the receiving end of the wrath of the exPOTUS, thereby maintaining her street cred among the faithful. That may not be enough to help make her the Republican nominee in this cycle, but it may in the next one where the party will be theoretically focusing on someone who can actually win the general election. 

History almost guarantees that 40 percent of the voters are assured to vote for the Republican candidate in a presidential election and 40 percent are assured to vote for the Democrat.

That means the election comes down to convincing the remaining 20 percent of the voters who could vote either way.

Nikki Haley showed the nation and potential donors that she is willing to look at the big picture beyond the ultra-right wing talking points that might be helpful to win the Republican nomination but won't work in the general election.

Issues like banning books, endless culture wars, climate change denial, embracing Vladimir Putin, punishing women for having abortions, teaching kids that black people benefited from being slaves, and a whole slew of other extreme positions, just won't cut it with the 20 percent.

But won't her gesture showing tacit support for Donald Trump hurt her? 

No, I don't think so. To the 40 percent Republican-or-bust voters, that gesture showed her loyalty to the Party. The twenty percent in the middle, many of whom would vote for a Republican were he or she not so extreme, will have long forgotten it. The only folks who will remember the gesture like me, are in the other forty percent and wouldn't vote for her anyway.

What I just described is only one of many possible scenarios that might take place over the next four years. For one reason or other, I won't speculate which, Trump could drop out of the election and leave the Republican nomination up for grabs. I'm not convinced Haley could pull off a nomination in this cycle, with or without Trump in the race. Or Trump could win the election in November and we may not have any more presidential elections. I say that only partly tongue-in-check. Or Trump could lose and the lunatic fringe could take complete control over the Republican Party. If that happens, all logic gets thrown out the window. 

We'll just have to see.

I strongly believe that our democracy thrives with a strong two-party system. For that to work, both parties have to respect one another, to some degree at least, and agree to play by the same set of rules. Right now, one of those parties has gone off the rails and as a result, we are as divided as a nation as we have ever been. 

I have lots of issues with Nikki Haley. Beyond ideology is her tendency to speak out of both sides of her mouth whenever it's convenient. Sometimes it's difficult to determine where she truly stands.

Given that, I can't see ever voting for her. 

But I could live with a President Haley as someone with whom I could agree to disagree, as I have with all the presidents in my lifetime before the 45th one. The bottom line is I believe she is the best person the Republicans have at the moment to get their party back on track to a semblance of respectability, and perhaps the best person in either party to help bring us back together (as much as that is humanly possible) as a nation. 

And boy would that be a good thing.


CODA

*OK I looked it up, Joe Biden ran unsuccessfully for president twice, in 1988 and in 2008. It just seems like more.

**The idea that there are several issues regarding abortion that all of us can agree upon is a little naive as all Americans do not agree that contraception should be readily available, that women should not be punished for having abortions, or that late term abortions should be banned. But I agree with her that we need to reach some kind of consensus on the issue. 

https://www.nytimes.com/2023/08/29/opinion/nikki-haley-trump-2024.html
 

Monday, August 21, 2023

Schoolhouse Rock, 2023 Reboot

If you watched Saturday morning television in the United States between 1973 and 1984, you probably remember the educational film shorts that aired between the cartoons, known as "Schoolhouse Rock." Those animated segments featuring cheeky commentary set to catchy music, focused on specific themes in the areas of mathematics, science, social studies and grammar. I was a little old for them but one segment that immediately comes to mind was called Conjunction Junction which you can watch here. Another was about how laws are made in Congress called I'm Just a Bill.

It's probably safe to say an entire generation of Americans remember the concepts they learned on Schoolhouse Rock better than the ones they learned at school.

Today, while we're falling behind the rest of the world when it comes to our knowledge of math, science and language skills, Americans are getting a full-blown education in social studies, at least in terms of American law and government, thanks the hottest show around, featuring the escapades of one former president and his multiple run-ins with the law. 

Of course, like Saturday morning cartoons, the wall-to-wall media coverage of the travails of the exPOTUS is not to everyone's taste. To others such as myself, it's like a train wreck we can't turn our eyes from.  

Lucky for us because it provides a valuable lesson reminding us of many things we forgot from school about the Constitution, American politics and jurisprudence.

A lot of Americans myself included, may only have spotty knowledge about our Constitution, but we sure think we know a lot about its First Amendment, especially the part guaranteeing our freedom of speech. 

We all understand, or so I hope, that freedom of speech/expression is one of the linchpins of any democracy.

But we're learning, thanks in part to this version of Schoolhouse Rock, that like all freedoms, freedom of speech does not come without responsibilities. One cannot express a controversial opinion for example and expect it to be immune from consequences such as harsh judgement, public humiliation or even (in some cases) the loss of a job, just to name a few.

Nor is it absolute. The First Amendment itself does not enumerate limits to speech. That has been the role of the Supreme Court and over two centuries of precedent. 

Here are just some of the categories of speech that the Court has deemed not protected by the First Amendment. Engaging in them can land you into serious trouble with the law:

  • Speech that violates intellectual property rights: You can't use someone else's speech or ideas and claim them as your own. 
  • True threats: Statements that can reasonably be construed as an intent to inflict harm on the recipient. 
  • Fighting Words: Statements that can reasonably be construed as intending to provoke a violent response.
  • Child pornography: No explanation necessary.
  • Incitement: Speech designed to provoke the commission of a crime.
  • Defamation and Libel: False statements designed to injure a person's reputation.

As you might imagine, there is a great deal of latitude here, making the judgement of whether speech rightly falls under any of these categories challenging, and quite difficult to prove in a court of law. That's why lawyers get paid the big bucks.

Years ago, working in a photography department in an art museum, our chief curator was sought out by lawyers representing a couple who was under suspicion of producing child pornography. They had taken nude photographs of their young children and were turned in to the DCFS by the lab that processed their film. The curator was asked if the photos had any "artistic merit" or if he thought they were exploitive and pornographic. He referenced works in our collection of a similar nature by established artists such as Sally Mann, but in the end, took the route of Supreme Court Justice Potter Stewart who had this to say about pornography: "I know it when I see it." Then as Justice Stewart did when writing for the majority in a 1964 obscenity case, our curator added (in not so many words): "and this ain't it."   

Unfortunately, many of the limits to free speech can best be judged by the standard, "I know it when I see it", meaning there are few objective criteria to determine if certain forms of expression fall into the realm of non-protected speech. 

Not surprising then, there is a rigorous burden of proof required to convict someone of crossing the line into unprotected speech meaning that courts when in doubt, generally err on the side of the literal interpretation of the First Amendment.

Take the most conspicuous example of all the actions that got the exPOTUS into hot water with the latest federal indictment which happened before our very eyes, the attack on our Capitol Building on January 6, 2021. That morning from the Ellipse, just south of the White House, the soon-to-be ex-president gave a speech instructing his supporters numbering in the thousands, to march up Pennsylvania Avenue to the Capitol to protest the certification of the new president, scheduled for later that afternoon. 

In the speech he said this:

All of us here today do not want to see our election victory stolen by emboldened radical-left Democrats, which is what they're doing. And stolen by the fake news media. That's what they've done and what they're doing. We will never give up, we will never concede. It doesn't happen. You don't concede when there's theft involved.
One of the pieces of evidence of a "stolen election" he cited is that in the presidential election held in 2016, he received 66 million votes while in 2020 he received 75 million, more votes than any candidate for president had ever received before. 

Unfortunately for him, his opponent in 2020 received 80+ million votes in the general election, and where it really counted, his opponent won the Electoral College by the same amount of votes the out-going president won against Hillary Clinton in 2016. If you remember, the exPOTUS declared that victory "a landslide", even though he lost the popular vote by three million votes. 

But the exPOTUS begged to differ, He added:

And by the way, does anybody believe that Joe had 80 million votes? Does anybody believe that? He had 80 million computer votes. It's a disgrace... Take third-world countries. Their elections are more honest than what we've been going through in this country. It's a disgrace. It's a disgrace...

We will not let them silence your voices. We're not going to let it happen, I'm not going to let it happen.

He then went on to thank Rudy Giuliani and John Eastman, otherwise known as co-Conspirator One and co-Conspirator Two in his second federal indictment, for their stalwart efforts attempting to keep his presidency alive past its expiration date. It was Eastman who came up with the idea that Vice President Pence could reject the tally of electoral votes up on Capitol Hill that day (he really couldn't) and send the results back to the states where they would hopefully return a more favorable result for the president. He went on:

And he (Eastman) looked at Mike Pence, and I hope Mike is going to do the right thing. I hope so. I hope so.

Because if Mike Pence does the right thing, we win the election.... He has the absolute right to do it. We're supposed to protect our country, support our country, support our Constitution, and protect our constitution...

And Mike Pence is going to have to come through for us, and if he doesn't, that will be a, a sad day for our country because you're sworn to uphold our Constitution.
After rambling on for about an hour about how unfair losing the election was, he closed by saying this:

And we fight. We fight like hell. And if you don't fight like hell, you're not going to have a country anymore.

As we all know, Mike Pence didn't do "the right thing" by the exPOTUS that day, and the mob at the Capitol quickly got wind of it. Soon, shouts of "hang Mike Pence" were heard by throngs of Trump supporters, some of whom had the foresight to bring makeshift gallows, should the need for one arise. The mob would eventually breach security and break into and attack the most potent symbol of our democracy. To make matters worse, the soon-to-be ex-president did nothing to stop the attack. Instead, he threw gasoline on the fire by tweeting the following, AFTER he learned that the mob was calling for Mike Pence's head:

Mike Pence didn't have the courage to do what should have been done.
Fortunately, the Vice President, the Speaker of the House, and the members of Congress who were in the crosshairs of the mob, all escaped the ordeal unharmed, largely thanks to the quick thinking and heroism of the Capitol Police. 

Unfortunately, five lives were lost that day including members of the Capitol Police. About 150 officers including metropolitan police and those from other agencies were injured. At least four officers took their lives in the months following the attack. 

Whether you call it an insurrection, an act of domestic terrorism, a riot, or merely a spirited protest that got out of hand, it's impossible to make the case that serious crimes were not committed that day by supporters of the president. And one would have to be delusional not to place at least some of the responsibility for the violence and loss of life on the words and actions of one Donald J. Trump on January 6, 2021, and the weeks leading up to it.

So, it would seem reasonable by the definition of the term mentioned above, that the exPOTUS should be charged with incitement, as without his election lies, his calls to interfere with the process of confirming his successor, and especially his very public pressure on and ultimate denouncement of the Vice President, none of this would have happened. That fact was confirmed by many of the rioters who were convicted of and are now doing time for their crimes that day, who insisted they were there to do the ex-president's bidding.

And if you believe as I do that the attack on the Capitol was indeed an insurrection (defined as violence against lawful civil authority with the intent to cause its overthrow) AND believe that Trump incited it, then he could be charged with an even more serious crime, sedition, which is defined as "the crime of creating a revolt, disturbance, or violence against lawful civil authority with the intent to cause its overthrow." 

In other words, inciting an insurrection.

To my eyes, I know an insurrection when I see one, and that's exactly what this was.

And I know incitement when I see it and sure enough, this has all the hallmarks of it.

The problem is, you may not see it that way. You might reasonably point out that in his speech, the president did not tell the crowd to break into the Capitol. You might also reasonably point out that at one point in his speech he told his supporters to demonstrate peacefully, or that he was not present at the Capitol at the time of the attack, (even though it appears that he intended to be). More importantly, any one of the twelve jurors picked to decide his fate may legitimately see it that way too, which would result in a hung jury if they cannot be persuaded otherwise by the other 11jurors. 

In the weeks since Special Prosecutor Jack Smith released his latest indictment, the exPOTUS and his supporters have gone all out to use the First Amendment as their primary defense, saying he is being accused of very serious crimes when all he was doing was exercising his freedom of speech.

Do they have a point?

No they don't, because the exPOTUS is not being charged either with sedition or inciting the attack on the Capitol.

Federal prosecutors don't enjoy having a high conviction rate because they choose to prosecute cases that stand a good chance of losing.

Even though he could have charged the exPOTUS with incitement of the mob that attacked the Capitol, Jack Smith, one of the best in the business, steps ahead of the ex-president and his defenders, took a pass on that one.

Instead, in the introduction to his indictment, Smith points out that the president like every American is guaranteed by the First Amendment, freedom of speech, including speaking in public about the election, and even to make false claims about it. The document goes on to point out the numerous recourses available to candidates to contest a disputed election including recounts, audits and legal challenges, all of which the exPOTUS took full advantage of. Once all legal means proved unsuccessful, the indictment alleges the exPOTUS and his co-conspirators, attempted other measures to challenge the election, outside of the law.

In the 45-page August 1st indictment which you can find here, the ex-president was charged with four counts of conspiracy to overturn the legitimate results of an American election, and the obstruction official government proceedings, all in violation of statutes listed in the main criminal code of the federal government of United States, Title 18.

The four counts and the statutes they violate are as follows:

  1. Conspiracy to Defraud the United States (18 U.S.Code §371)
  2. Conspiracy to Obstruct an Official Proceeding. (18 U.S.Code §1512(k))
  3. Obstruction of and Attempt to Obstruct an Official Proceeding. (18 U.S.Code §§1512(c)(2),2)
  4. Conspiracy Against Rights (18 U.S.Code §241)

In the legal sense, conspiracy is defined as two or more people planning a crime, then taking steps to implement that plan. The crime itself does not have to be committed.

Count one is referring to the electoral process as established by the Constitution. The defendant and his co-conspirators are accused of conspiring to overturn that function through "dishonesty, fraud and deceit" by falsely insisting the election was "stolen".

Remember, merely talking about committing a crime does not make a conspiracy.

The means by which they carried out their fraudulent enterprise to subvert the electoral process include:

  • Pressuring government officials in states where the defendant lost by a relatively small amount, to replace the electors who would cast their votes for the legitimate winner of that state, Joe Biden, to electors who would cast their votes for the defendant. 
  • Pressuring state government officials through the supposed authority of the Justice Department (who was not in on the plan), to conduct sham investigations into their elections. 
  • Attempting to enlist the aid of the Vice President to "fraudulently alter the election results."

Counts Two and Three refer to the obstruction of the January 6, 2021 joint session of Congress to confirm the election of the next president, both the conspiracy and the actual act.  

The indictment concludes with Count Four. Here are the allegations in their entirety:

From on or about November 14, 2020 through on or about January 7, 2021, in the District of Columbia and elsewhere the Defendant,

DONALD J. TRUMP

did knowingly combine, conspire, confederate, and agree with co-conspirators known and unknown to the Grand Jury, to injure, oppress, threaten, and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States -that is, the right to vote, and to have one's vote counted.

(In violation of Title 18, United States Code, Section 241).

Despite being a well put-together indictment, it is still far from an iron-clad, slam-dunk case against the exPOTUS. 

As we've all read and heard ad nauseam over the last few months, the exPOTUS is the only president ever to have been indicted. Clearly, we are in uncharted waters here. Add to that the former president is currently a candidate for president who if nominated by his party, will be running against the current president whose Justice Department will be prosecuting him.

I pointed out in this post why I believe the accusations of the current president "weaponizing" his Justice Department against a political opponent are meritless. But the prosecution will have to convince that to all twelve jurors at the trial.

Fraud may be a difficult issue to prove. If deep-down in the recesses of his mind the defendant truly believed that the outcome of the election was "rigged" against him, could he really have been committing fraud which is defined as "wrongful or criminal deception intended to result in financial or personal gain"?

In other words, if he truly believed the election was stolen from him, he wasn't practicing criminal deception, as state of mind is a key factor in determining guilt or innocence. 

Nevertheless, rigged or not, he still participated in illegal means to overturn an election, that much is certain. In the indictment there is a plethora of evidence to support the idea that the exPOTUS knew he lost the election fair and square, but on this too the prosecution will have to convince all twelve jurors. 

Then there is the idea of "Conspiracy Against Rights." 

Here is the opening of Section 241 of title 18 of the United States Code which according to the prosecution, justifies the charge of Conspiracy Against Rights:

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same... they shall be fined under this title or imprisoned not more than ten years, or both.

This statute was written after the Civil War and its chief purpose was to prevent the intimidation of black people attempting to vote. It was used extensively during the modern Civil Rights movement of the twentieth century for the same purpose. 

Once again it will be up to the prosecution to prove to all twelve members of the jury, that the statute applies to this particular case.

Regardless of one's feelings about the exPOTUS, our system of justice demands that he is innocent until proven guilty in a court of law. Like everyone, he is entitled to his day in court and to a competent defense. 

Also like everyone, if found guilty, he should be held accountable for his actions, regardless of his past job and his aspirations for future employment. 

In this particular case, there is very little in doubt about his actions and those of his co-conspirators. What is in doubt and what the outcome of a potential trial will determine, is the legality of those actions. 

I'm obviously not a lawyer so my opinions on legal matters are of little worth. But as the facts of this case are not much in question, I can say with a great deal of certainly that those actions, illegal or not, were wrong. Very wrong. They run counter to the very idea and spirit of a Democratic-Republic, the system of government we have kept alive in this nation for nearly a quarter of a millennium, the system of government every president is responsible for upholding.

I used to think the term "existential threat to democracy" when applied to this exPOTUS was hyperbolic, but I no longer do.

It's interesting to hear people who clearly support his bid for another term as president tear apart the indictment, which I suspect many of them have not read, saying that what the exPOTUS did may have been wrong, but the prosecution cannot prove that the actions were illegal. 

That perplexes me because if they admit what he did was wrong, why would they still support him?

For instance:

OK it was wrong for him to watch on TV as his supporters broke into the Capitol, cheering them on as they used flag poles as weapons against the Capitol Police and others, causing grievous injury to many, threatening the lives of his Vice President and other elected officials, and doing absolutely NOTHING to stop it. 

But it may not have been illegal so...

It was wrong to place the burden on his Vice President to do something completely out of his authority, then set him up as the fall guy, placing him in great peril simply for doing the job the Constitution required of him.

But it may not have been illegal so...

It was wrong to single out by name, dedicated, private citizen poll workers doing their job in Georgia, seriously compromising their safety and wellbeing by falsely claiming they were changing votes for him into votes for his opponent. 

But it may not have been illegal so...

It was wrong that co-Conspirator Four in the August 1 indictment, a mid-level Justice Department official and the president's pick to become acting AG in the waning days of his presidency, suggested invoking the Insurgency Act to have the military put down protestors when informed by others in the president's inner circle that there would be an uprising if the president overturned the election.

But it may not have been illegal so...

It was wrong to threaten state government officials with legal action if they didn't overturn the results of a legitimate election or "find" just enough votes in their state to put him over the top. 

But it may not have been illegal so...

It was wrong for him to not accept the results of an election proscribed by the Constitution after exhausting all his legal recourses to make sure it was fair, then throw this country into turmoil, threatening a constitutional crisis simply to remain in office, mocking our century's old tradition of a peaceful transfer of power.

But it may not have been illegal so...

And on and on and on.

Then there's this:

The indictment shows the ex-president received the advice of dozens of legal experts on his team including his own Attorney General, all telling him there was no evidence of election fraud significant enough to have changed the results of the 2020 election. It also mentions over sixty failed lawsuits, several audits and recounts, all refuting his claims of a stolen election. If after all that the exPOTUS continued to believe as his supporters claim he did, that he should have won the election, then he is a delusional fool with a pathologically flawed sense of judgement, as opposed to a mere fraud. 

Take your pick. Could the bar possibly be set any lower than that?

Maybe it's just me but I wouldn't want either a fool or a fraud as president. 

What Jack Smith's reboot of Schoolhouse Rock teaches us is that comprehensive as our laws may be, the framers of our Constitution and the legislators who have written our subsequent laws, didn't think of everything. For example, much to nearly everyone's surprise, there is no statute preventing a convicted felon from running for and serving as president, even from behind bars, something we may be confronting in a short time. 

In order to ensure that wrongdoers face justice, sometimes lawyers representing the State and the Federal Government need to be creative, as the Special Prosecutor, as well as the District Attorney of the State of Georgia Fani Willis* have been with their indictments.

That may or may not work in their favor as far as getting convictions but one thing is for certain. The most valuable lesson in this whole mess is this:

Just because something is not illegal does not mean it is not wrong.

Our country is at a crossroads and we need to think quite seriously about what kind of nation we want to be. Do we want a nation led by public servants who are democratically elected, controlled by the rule of law and a system of checks and balances, the most salient of which are term limits and a quadrennial re-election process? 

Or do we want to be led by an authoritarian ruler-for-life who does as he pleases and answers to no one or nothing other than his own whims? 

That seems like a simple choice. Unfortunately, I'm afraid the "Founding Fathers" overestimated us. It apparently never occurred to them in their wildest dreams that a significant number of Americans would go for choice number two.

 

*CODA This article was begun before the State of Georgia released their own indictment of the exPOTUS on August 14, which is why I focused on the August 1 Federal indictment rather than on both. Interesting that the two prosecutors, Jack Smith for the Federal government and Fani Willis for the State of Georgia, took much different approaches to their indictments. One could say the former used a scalpel and the latter a chain saw. It will be interesting to see how it all these 91 criminal counts pan out.