On Fair Play

Major League teams are in the process of beginning their Spring Training schedules, after an off-season marred by continuing and I believe undisputed revelations that in 2017, the Houston Astros engaged in a scheme, involving participants from its front office to its manager, coaches and players, to employ videography accompanied by trash can banging to systematically steal opposing teams’ pitch signs and alert Astro hitters to the specifics of the next pitch. Such activity was in flagrant disregard of Major League Baseball rules. For those that don’t follow Major League Baseball (“MLB”), the Astros won the 2017 Major League World Championship after defeating the New York Yankees in the American League Championship Series and the Los Angeles Dodgers in the World Series. A number of Houston executives and 2017 Astro players hired into non-player roles on other teams in the years following the team’s championship have now been dismissed from their positions as a result of the scandal. No still-active players have been disciplined by MLB, reportedly due to a deal that MLB made with the players and their union that no player would face retribution for speaking truthfully to MLB investigators about the Astros’ program.

A deal is a deal, and given the deal, no players should be disciplined specifically for their participation in the scheme (although one questions whether any 2017 Astros player should be seriously considered for the Hall of Fame or for any front office, manager, or coaching position when his playing days are done). That said, MLB Commissioner Robert Manfred should, without any change in individual players’ statistics, forfeit all 2017 Houston victories in which the team employed the scheme, strip Houston of its American League and World Championships, and declare the Yankees the 2017 American League Champions and the Dodgers the 2017 World Champions. He should accompany such a ruling with an announcement that any player determined to have participated in such a flagrant rules violation (admittedly a subjective standard) after the date of the announcement will be suspended from baseball for one full season, with more severe penalties including an outright ban from the game for any subsequent flagrant rules violations.

Such an approach is admittedly imperfect. The team most elevated in the standings by the recasting of the 2017 American League teams’ wins and losses will argue that it never had a fair chance to compete in the season’s playoffs, and the Yankees will argue that they never had a chance to contest the Dodgers for the World Championship. I would submit that such is irrelevant. The Astros, in 2017 an extremely talented team, would have earned a number of their forfeited victories without cheating. While there will be old-school sign stealing in baseball as long as there are bases in baseball – it’s as engrained in the game as the brushback pitch — it is a short step from the Astros’ technology-enhanced trash can banging to employment of sophisticated and undetectable technological means to gain illegal advantage in baseball and other professional sports. The point of the penalty is to make the consequences to the Houston organization and the threat to players’ careers for future violations sufficiently severe so that for the foreseeable future, every team and player will have significant pause before engaging in such a systemic flagrant violation of MLB rules.

I am tired of a culture that explicitly or tacitly condones and in some ways glorifies ignoring, bending, flouting, and breaking rules. We need honor again. Given the challenges we face as a nation, cheating in Major League Baseball is arguably “of as little account as sparrows’ tears,” as Ian Fleming concluded the James Bond thriller, You Only Live Twice; obviously, players have been seeking an illegal edge through spitballs, corked bats, and steroids for decades or more. That said, we have to start somewhere. Major League Baseball, given its proud claim to being the National Pastime, and its tens of millions of diehard fans across the political spectrum, seems as good a place to start as any.

It’s Donald Trump

For generations it was held that to win the U.S. presidency, a candidate had to reach beyond his party’s ardent adherents and secure the majority of the vote of the American political center. In 1992, the Clinton Campaign famously declared its overriding focus: “The Economy, Stupid.” In recent days, I have heard former South Bend, IN Mayor Pete Buttigieg intone: “To win the presidency, it’s not enough to tell people what you’re against. You have to tell them what you’re for.”

Sometimes … maxims are wrong. In 1980, Americans turned to the unnerving “Mad Bomber,” Ronald Reagan, because they had no confidence in President Jimmy Carter. George W. Bush and his strategist, Karl Rove, won in 2004 through a strategy of focusing almost exclusively on energizing and turning out Mr. Bush’s core supporters.

I have heard more than one pundit voice something that all Americans can agree upon: anyone that mounts a campaign for the presidency has a huge ego. What’s more, the Democratic candidates on the stage Wednesday night, aside from former New York, NY Mayor Michael Bloomberg, have all been on the trail for at least a year, and their respective beliefs in themselves have undoubtedly been reinforced by the fact they have thus far survived in a brutal contest that has felled 15 or more other candidates. In his book, Marathon, Jules Witcover described a campaign for president: “It is a grueling, debilitating, and often dehumanizing ordeal ….” I suspect that their inner faiths now include a visceral feeling that because each has absorbed so much adversity, s/he deserves the presidency.  These gut inclinations are now arguably augmented by envy and resentment toward Mr. Bloomberg, who has surpassed most of them in the national polls through profligate use of his essentially unlimited means. I fear that the debate will degenerate into a mud-slinging scrum that benefits only President Trump.

This week, Wall Street Journal Columnist Gerald Seib laid out the dichotomy between the respective theories of the campaigns of U.S. VT Sen. Bernie Sanders and Mr. Bloomberg:

“Mr. Sanders believes Democratic voters are ready to overthrow the system. Mr. Bloomberg thinks they merely want to overthrow President Trump….[T]he fact that Mr. Sanders is running against Mr. Trump is almost secondary; the Sanders view of society’s economic injustices is the same one he would be offering regardless of who was on the Republican line….Mr. Bloomberg touts [his positions on] health care … gun laws and battling climate change. But … [t]he animating argument is that Mr. Trump is dangerous … that beating Mr. Trump is way more important than ideological arguments.”

As anyone that reads these pages recognizes, my sentiments echo those attributed to Mr. Bloomberg. This year, it’s not the economy. The general perception – whether or not accurate – is that Mr. Trump’s economy is booming. Yet his approval rating is below 45%. In Wisconsin, his disapproval rating is 10 points higher than his approval rating despite a state unemployment rate of 3.3%. He is 12 points under water in Michigan despite an unemployment rate of 4.1%. He is 9 points under water in Iowa despite a state unemployment rate of 2.6%. He is at best even in the other swing states although all have unemployment rates below 5%.

Mr. Trump’s low approval rating is presumably not related to Americans’ perception – again, whether or not accurate – of our national health care system. A significant majority of the states that U.S. Census Bureau statistics indicate have the highest percentages of uninsured will almost certainly be won by Mr. Trump in 2020.

Mr. Trump’s low approval rating is presumably not related to Americans’ perception – again, whether or not accurate – of his handling of foreign policy. He has been making good on his campaign pledge – whether or not wisely – to reduce the level of America’s foreign entanglements.

One could add to this list, but three is enough. Mr. Trump’s low approval rating is because … it’s him. A majority of Americans have at least tentatively concluded that Mr. Trump is unworthy of his office: that he has no regard for truth, with demonstrable indications of racism, sexism, and religious bigotry; that he seems an unstable, incompetent bully; that he relishes in stirring division and openly welcomes the assistance of foreign enemies for his own ends. They are concerned that he apparently considers himself unrestricted by all norms, rules, and laws. They are bothered by his evident contempt for the institutions and practices that have made us different from the rest of the world – an honest judicial system, a free press and free speech, respectful disagreement — and for those that act with honor, conviction, and principle – such as John McCain, Purple Heart Recipient Alexander Vindman, and Mitt Romney. They are troubled by his clear willingness to trample anything that gets in his way. They inherently know that it is wrong for an American President to use his power against a domestic political adversary, and they know he did. They inherently know that it is inappropriate for a President to financially profit from the responsibility that they have entrusted to him, and they know he does. They are uneasy with the notion that even if they are not in the crosshairs today – as he has focused his venom on his critics, brown immigrants, and Muslims – they could be tomorrow. They have come to realize that Mr. Trump is, in the words of another Wall Street Journal columnist, Peggy Noonan: “A bad man, and half mad.” That he is, indeed … un-American.

So while I concede that no Democratic candidate can spend all of his or her time addressing the stain that Mr. Trump has placed on our national fabric, I nonetheless submit that in this campaign year, Mr. Buttigieg is wrong: the Democrats’ key to victory is not what they’re for, it’s what they’re against. It’s Donald Trump. If in tonight’s debate the candidates too pointedly attack each other, it will seem to me a counterproductive ego trip. If they aggressively attack Mr. Bloomberg, it will demonstrate almost criminal political incompetence: the only way that any Democrat will be able to counter Mr. Trump’s overwhelming financial advantage in the fall is through maintaining Mr. Bloomberg’s largesse. They should put aside individual ambition for the good of the nation.

A Stunning Loss

Attached are two links to articles reporting about the death of Brazilian journalist Lourenço “Léo” Veras, who was murdered on February 12 in his home in front of his wife and two children by an organized crime gang operating at the Brazil-Paraguay border, where Mr. Veras was based. The Washington Post article attached to the first link will make clear how deeply Mr. Veras’ death resonates for our family. I don’t know how many of those that read these pages have access to the Post’s online version, so the second link is to the report of the tragedy appearing on the Committee to Protect Journalists website.

These accounts lay bare – yet again — the dangers journalists across the world face every day.

https://www.washingtonpost.com/world/the_americas/he-showed-me-a-lawless-border-town-then-masked-gunmen-killed-him-in-front-of-his-family/2020/02/14/53693762-4eb5-11ea-967b-e074d302c7d4_story.html

https://cpj.org/2020/02/brazilian-journalist-leo-veras-shot-and-killed-in-.php

“I Want Nothing to Happen While …”

As all who care are aware, on February 7, 2020, President Trump removed from their respective positions European Union Ambassador Gordon Sondlund and Lt. Col. Alexander Vindman, two witnesses whose testimony implicated the President in a scheme to pressure a vital but vulnerable ally for his own domestic political purposes.  The President has since commented that he “imagine[d]” that the military would “take a look” at disciplinary action against Lt. Col. Vindman, a Purple Heart recipient.  There is a link below to a National Public Radio account of the removals; what follows is included within the NPR piece:

“Sondland and Vindman join a long list of other witnesses in the Trump impeachment investigation who have moved on from their jobs. Former Ukraine Ambassador Marie Yovanovich has retired from the foreign service.  William Taylor, who had replaced Yovanovich in Ukraine after Trump recalled her, left in early January.   Kurt Volker, the special envoy to Ukraine, resigned as the impeachment process was unfolding.  Jennifer Williams, a career foreign service officer who was assigned to Vice President Mike Pence’s office, recently left for a new position.  And Tim Morrison, Vindman’s boss at the NSC, left after he testified.”

https://www.npr.org/2020/02/07/803904417/lt-col-alexander-vindman-escorted-out-of-the-white-house-his-lawyer-says

On February 11, 2020, the United States Department of Justice, led by U.S. Attorney General William Barr, said that it was reducing the sentence it was recommending for convicted Trump confidante Roger Stone after the President tweeted that the 7-9 year term initially recommended by DOJ was “disgraceful” and a “miscarriage of justice.”  There is a link to an NBC News account of the DOJ’s shifted stance immediately below.  The four U.S. attorneys involved in Mr. Stone’s case, career prosecutors, have withdrawn from the matter in protest.

https://www.nbcnews.com/politics/politics-news/doj-backpedalling-sentencing-recommendation-trump-ally-roger-stone-n1134961

All, literally, within the first week after the President was acquitted by the Senate.

If I were any Republican Senator save U.S. UT Sen. Mitt Romney, I would be thinking:  What have I done?  (I concede that they are all probably too busily engaged, cowering in corner stalls of Capitol Hill washrooms, to have such reflections.)

In a note I posted almost two years ago about Special Counsel Robert Mueller’s investigation of the interactions between Mr. Trump and his associates and the Russian government, I quoted passages from Mario Puzo’s novel, The Godfather, and suggested that Mr. Trump’s legal fate might rest upon whether Mr. Trump had read the novel and utilized the manners employed by the fictional Don Vito Corleone to insulate himself from prosecution for untoward activities.  My speculation was obviously entirely wrong; Mr. Trump has ignored the safeguards practiced by the Don, and yet seeming flourished; clearly, whether or not he ever read the novel, he did see and internalize The Godfather Part II:

https://getyarn.io/yarn-clip/1fac5597-4d66-4a04-9a9d-979b45357926

One cannot help but be dismayed at these events, and at the prospect of more like them.  I would, however, submit that they contain a silver lining that is not insignificant, if one still believes in the good intentions of the majority of our people:  the President is overplaying his hand, is moving too soon.  He is flaunting his self-perceived omnipotence, lack of scruple, contempt for the rule of law, voraciousness, and vindictiveness in the face of our people before securing his re-election, instead of sitting back, and letting his Fox News and Alt-Right propaganda machine, the Democrats’ disarray, and and the seemingly strong economy do his work for him.  He’s perhaps making a mistake, one that the fictional Michael Corleone would never make.  It’s not too late.

Impeachment Impressions from a Hemisphere Away

While the Senate impeachment trial unfolded in Washington, we were half a world away, visiting Rio de Janeiro, Brazil, on a trip planned months before. While south of the equator, we were only vaguely aware of the reports that former National Security Advisor John Bolton’s upcoming book included allegations directly implicating President Trump in the events at issue in the Impeachment trial, of the controversy surrounding Trump Defense Lawyer Alan Dershowitz’ bizarre argument in the president’s defense, and of the speculation as to whether the Senate would call additional witnesses.

One of the highlights of our visit was a tour of Rio’s historic district, Centro, provided to us by Daniel, an extremely personable and truly trilingual Carioca. (I came to the city understanding that all Rio residents were Cariocas; with a twinkle in his eye, Daniel advised me that one needs to be born in Rio to truly be considered a Carioca; mere Rio residence, no matter how lengthy, is not enough to qualify.) He quickly felt like a friend. He has an extensive background in Brazilian history. Well into the tour, I asked him about an article that had run that week in the major Brazilian daily, O Globo, which reported that Transparency International had placed Brazil in the bottom half of all of the world’s countries in its Corruptions Perceptions Index. (Full Disclosure: O Globo is published in Portuguese; this was the only article I could decipher all week because “corrupcao” readily translates to “corruption,” and the piece depicted by graph Brazil’s corruption ranking among the world’s nations.)

Brazilians have contempt for most of their politicians, due to the country’s level of corruption. Of their three prior presidents, one has been convicted of corruption, a second faces charges for leading a “criminal organization,” and the third has been impeached within a context that she had served as Chairwoman of Petrobras, the semi-public Brazilian oil and gas company, at a time when billions derived from Petrobras operations were illicitly changing hands at Brazilians’ expense. Other Brazilian officials are in prison due to illegal enrichment related to the 2016 Rio Olympics.

Daniel hadn’t seen the O Globo article, but wasn’t surprised by it; he is angry at the level of corruption in his country. As an example, he pointed to the new train tracks at our feet, installed in the historic district’s cobblestone streets prior to the Olympics to facilitate transportation during the Games, and indicated that the project ended up costing Brazilians millions of Brazilian Real (R$) more than necessary, due to kickbacks. He is an enthusiastic supporter of Jair Bolsonaro, Brazil’s current right-wing President elected in 2018. President Bolsonaro is a nationalist and a populist. As widely reported, Mr. Bolsonaro is skeptical of environmentalists’ claims about the Amazon, and favors more development in the region. He opposes socialism and LBGT rights. But Daniel made a passing reference only to Mr. Bolsonaro’s positions on the Amazon, instead emphasizing a factor rarely mentioned in the Western media: Mr. Bolsonaro appears to be honest – a unicorn in Brazilian politics. Although a member of the Brazilian national legislature for decades, he was not tainted by any of the scandals that have felled his predecessors. He ran on a pledge to reduce crime and root out corruption. Daniel believes his country has greatness within it. He sees that it can only be achieved through honest government.

The contrast between Daniel’s belief in Mr. Bolsonaro’s honesty and Daniel’s aspirations for his nation, on one hand, and Mr. Trump’s tribal-driven impeachment acquittal, on the other, could not be starker. U.S. TN Sen. Lamar Alexander stated before the vote: “There is no need for more evidence to conclude that the president withheld United States aid, at least in part, to pressure Ukraine to investigate the Bidens; the House managers have proved this … The question then is not whether the president did it, but whether the United States Senate or the American people should decide what to do about what he did …. [Mr. Trump’s removal via impeachment] would rip the country apart, pouring gasoline on the fire of cultural divisions that already exist …. Let the people decide [Emphasis Added].”

U.S. NE Sen. Ben Sasse stated: “Let me be clear, Lamar speaks for lots and lots of us.”

U.S. FL Sen. Marco Rubio stated: “Just because actions meet a standard of impeachment does not mean it is in the best interest of the country to remove a President from office. I will not vote to remove the President because doing so would inflict extraordinary and potentially irreparable damage to our already divided nation. [Emphasis Added].”

While there is certainly merit to the argument that Mr. Trump’s removal from office via impeachment could incite potentially irreparable divisions between our people – an apprehension held by one very close to me – I would nonetheless submit that for Senators who have taken an oath to protect the Constitution, such concern should have been irrelevant, and is no more than a self-serving rationale designed to protect the Senator’s own political position and/or legacy. Messrs. Rubio and Sasse, and those Republican Senators whom Mr. Sasse claimed Mr. Alexander “spoke for,” have, as was the case with former Speaker of the House of Representatives Paul Ryan, abdicated the responsibility placed upon them by the Constitution rather than confront Mr. Trump. We are sacrificing to partisanship, greed, and fear our dedication to right, truth, and justice that the Brazilian tour guide and billions around the world yearn for: the very characteristic that actually made us great.

On Senator Mitt Romney

Although I suspect that most that wish to have already heard U.S. UT Sen. Mitt Romney’s speech on the Senate floor, setting forth his rationale in voting to convict President Trump under the Article of Impeachment alleging that the President had abused the power of his office, a link to the speech is set forth below. If you haven’t heard it, take the eight minutes to listen to it in its entirety. (I would submit that it is worth another eight minutes even if you have.)  Among his remarks, Sen. Romney offered the following:

“I swore an oath before God to exercise impartial justice. I am profoundly religious. My faith is at the heart of who I am [Senator’s pause]. I take an oath before God as enormously consequential.”

“The defense argues that the Senate should leave the impeachment decision to the voters. While that logic is appealing to our democratic instincts, it is inconsistent with the Constitution’s requirement that the Senate, not the voters, try the President …. The people will judge [Senators] for how well and faithfully we perform our duty.”

“I am aware that there are people in my party and in my state who will strenuously disapprove of my decision and in some quarters I will be vehemently denounced. I am sure to hear abuse from the President and his supporters. Does anyone seriously believe that I would consent to these consequences other than from an inescapable conviction that my oath before God demanded it of me?”

“[W]ith my vote I will tell my children and their children that I did my duty to the best of my ability, believing that my country expected it of me … We are all footnotes at best in the annals of history. But in the most powerful nation on earth, the nation conceived in liberty and justice, that distinction is enough for any citizen.”

https://www.youtube.com/watch?v=siWFNYgnJdE

We watched the speech live. I was and remain moved by the faith and patriotism infused within it. I indicated to TLOML that I would prefer Sen. Romney as President over anyone now running from any party. Her reaction was more profound: “He’s a real man.”

Anyone that pays any attention to the hyper-partisan political environment in which we live is acutely aware of the virulent attacks and physical threats Mr. Romney and his family will face for as long as Mr. Trump retains his now cult-like grasp of the Republican Party. For what little it is worth – I have no illusions that I have much influence with the Almighty — I will say a prayer that they will have strength, and that their faith will sustain them. May the following provide them with greater comfort:

“How long, O Lord? I cry for help but you do not listen … Destruction and violence are before me; there is strife, and clamorous discord. This is why the law is benumbed, and judgment is never rendered: Because the wicked circumvent the just …

Then the Lord answered me and said:

‘For the vision still has its time, presses on to fulfillment, and will not disappoint; if it delays, wait for it, it will surely come, it will not be late. The rash man has no integrity; but the just man, because of his faith, shall live.’”

Habakkuk 1:2-4; 2:2-4

Nancy’s Percolating Brew … and a Pitch for Mitch: a Postscript

No one that watched the commencement of the Senate’s impeachment proceedings on January 16 could miss the solemnity of the occasion. It was striking to watch 99 Senators solemnly swear to “do impartial justice according to the Constitution and the laws.” The contrast between the Senators’ oath and Senate Majority Leader Mitch McConnell’s comments, prior to the beginning of the trial, that he would coordinate closely with the White House in conducting the proceedings … was jarring.

In mid-November, in the post cited above, I referred to a solicitation that I had then recently received from U.S. IA Sen. Charles Grassley, seeking campaign contributions not for his benefit, but to aid the campaign of Sen. McConnell. I observed that it seemed odd for Mr. McConnell to be reaching all the way into the Midwest for support, and noted that a close friend much closer to the Bluegrass State than I am considers Mr. McConnell more vulnerable than those of us outside the region might assume. Mr. McConnell may attempt to rationalize the dichotomy between his comments and his oath, but I would submit that to people on figurative Main Street in the “Flyover Country” that the Republicans claim to represent – and perhaps in Lexington, Louisville, and Paducah – he looks like a liar. If Kentucky Democrats don’t run endless ads highlighting the contrast between Mr. McConnell’s comments about his impeachment coordination with the White House and his oath to do “impartial justice” in the Senate trial … I fear that they are passing up a significant opportunity.

Impeachment Attitudes and Electoral Reckoning

A Marist/PBS/NPR (“Marist”) Poll released on January 15, recording responses during the period, January 7 – 12, 2020, found that participants answering the question, “Based on what you know at this point, do you support or oppose the U.S. Senate removing President Trump from office?”, were evenly divided – 47% supporting removal, 47% opposed, and a mere 6% undecided. Not surprisingly, those that supported or opposed Mr. Trump’s removal were heavily skewed along party affiliation. Self-described independents were almost evenly divided, with 45% of this group supporting removal, and 47% opposed. Some have opined that these numbers are an indication that the President currently enjoys 2020 electoral strength among our people roughly equivalent to the percentage that oppose him.

I’m not so sure. I seriously question whether Mr. Trump can rely on the electoral support of all of those that oppose having him removed from office by an impeachment conviction. My inclination is partly driven by the anecdotal, partly from looking closely at the Marist poll.

I would submit that there is a segment of the electorate that strongly disagrees with Mr. Trump’s conduct of the presidency, but believes that he should be removed at the ballot box rather than through what has apparently degenerated into a partisan process. TLOML and I know two discerning Wisconsin citizens – who don’t know each other – who each voted against former WI Gov. Scott Walker in 2010, 2014, and 2018, but voted for him in the 2012 recall because they felt that Mr. Walker’s 2010 election had duly authorized him to effect his policies.

More recently, another Wisconsin resident, who has indicated that she will vote for any Democrat against Mr. Trump, told me that she strongly opposes the President’s removal via impeachment because she thinks that it would cause even greater acrimony among our people at a time that she believes we need healing and reconciliation. She was also concerned that if Vice President Mike Pence succeeded to the presidency, he might be tougher for a Democrat to beat than Mr. Trump.

This attitude, if held by a notable percentage of those opposing Mr. Trump’s impeachment-related removal, don’t bode well for the President’s electoral fortunes.

Finally, there are the detailed results of the Marist poll itself, a link to which is provided below. Seemingly of most interest in determining the correlation (or lack thereof) between the electorate’s attitude about the President’s impeachment-related removal and his 2020 electoral support are the respondents that identify as Independents, the segment presumably including most of our people who are not already irrevocably committed or opposed to the President, and those from the Midwest, home to three states that may hold the pivotal 2020 Electoral College votes. Both segments register significant contrasts in their attitudes toward Mr. Trump’s removal by impeachment and their assessment of his performance in office.

When asked whether the Senate should remove the President via impeachment, Independents were narrowly opposed to removal, 45% supporting to 47% opposed. At the same time, when asked whether they approved or disapproved of Mr. Trump’s performance in office, their sentiment flipped markedly – only 39% of Independents approved, while 55% disapproved – a fairly stunning 16% differential. Furthermore, only 24% of the approvers “strongly approved” of the President’s performance, while 41% of the disapprovers “strongly disapproved” – a 17-point enthusiasm differential. I suspect that Republicans find these sobering electoral numbers.

The responses Marist gathered from the arguably crucial Midwest segment of our electorate yields a similar dichotomy, although not as pronounced as among Independents. Midwesterners opposed the President’s removal by impeachment by 5 points, 44% supporting to 49% opposed. At the same time, when asked whether they approved or disapproved of Mr. Trump’s performance in office, Midwesterners disapproved by an 8 points margin, 44% approving, 52% disapproving. The enthusiasm gap also appears meaningful among Midwesterners: while 31% of the approvers “strongly approved” of the President’s performance, 41% of the disapprovers “strongly disapproved.”

http://maristpoll.marist.edu/npr-pbs-newshour-marist-poll-results-13/#sthash.DWlueOov.bo3Ck9ty.dpbs

It would seem that the decisive Election Day margin could come from those in key constituencies that currently oppose the President’s ouster via impeachment but disapprove of his handling of the presidency. While the Democrats’ eventual nominee will undoubtedly be the primary factor influencing the voters in this persuadable segment, perhaps the Democrats’ most important strategy in the upcoming Senate trial is to avoid an overtly-partisan presentation that will alienate them.

An Optimistic Spin for the Green and Gold

After Green Bay’s victory over the Seahawks Seahawks this past Sunday, Quarterback Aaron Rodgers alluded to the obvious: not even all Packer fans have been that confident of the team’s ability or prospects this season. I would agree; I’ve been one of the dubious. Even last Sunday’s victory — eked out at home over a depleted Seattle squad – did little to dispel the notion that this season, Green Bay has been as lucky as good. We Packer fans know championship-caliber quality, and the general consensus is that the team – despite a creditable season from Mr. Rodgers and outstanding seasons from Wideout Davante Adams, Running Back Aaron Jones, Edge Rushers Za’Darius Smith and Preston Smith, and Cornerback Jaire Alexander — is not that good. We have also been acutely aware that if the team progressed in the playoffs, another match with the San Francisco 49ers – who drubbed the Pack in Week 12 – was a probable obstacle to returning to the Super Bowl. Mr. Rodgers himself seemed to waffle a bit after the Seahawks game when asked about the Packers’ prospects against the Niners this Sunday.

I would voice this small note of optimism: given their rout by San Francisco during the regular season, the Packers know what won’t work. For instance, the coaching staff cannot have any doubt that Green Bay’s normal offensive line alignment, which has held up reasonably well against most opponents this season, is not a match for a voracious Niner defensive rush. Winners don’t think about past routs; losers reflect. I would place more than a small wager that whenever Coach Matt LaFleur and his staff and Mr. Rodgers would awaken in the middle of the night since the San Francisco defeat, in addition to considering that week’s opponent, they would ponder: Knowing what we now know, what would we have done differently against the 49ers? I would suspect even in the midst of preparing for the Seahawks, the Packer coaching staff used part of its playoff bye week to lay initial plans for the 49ers.

To defeat San Francisco, the Packers will have to get lucky – perhaps through the recovery of a couple of turnovers deep in Niner territory converted into touchdowns during the first half. They will have to come up with new schemes to slow down the San Francisco pass rush – perhaps double tight end sets, a lot of fullback sets – and/or try something that the Niners will not have schemed for, such as placing Wideout Allen Lazard (big; good blocker; a receiver that can’t be credibly covered by a Niner linebacker) at fullback, or perhaps even a T-formation. They will need new schemes that will isolate Mr. Adams one-on-one against Niner Cornerbacks Ahkello Witherspoon or Emmanuel Moseley [i.e., the Niner cornerback that isn’t Richard Sherman ;)] – perhaps perusing old Packer playbooks for plays former Head Coach Mike Holmgren designed to get Wideout Sterling Sharpe in the open during the days that the entire NFL, including the vendors chucking peanuts in the stands, knew that Mr. Sharpe was Green Bay’s only genuine offensive threat. They will need to decide whether Safeties Adrian Amos and Darnell Savage have jelled sufficiently to cover San Francisco tight end George Kittle, who had by far the better of the matchup in the team’s first meeting – and if not, what to do about it. (Our old friend, Cornerback Tramon Williams, has played safety; is he a better cover option against Mr. Kittle?)

Much has been made of Mr. LaFleur being the first Packer coach – amidst extremely august company, including St. Vincent Lombardi – to make the playoffs in his first year. I would submit that this Sunday is the first true test of his coaching acumen. Packer fans with longer memories well recall Green Bay’s visit to San Francisco in early 1996, when the Packers, then considered merely upstarts coached by Mr. Holmgren and quarterbacked by a young Brett Favre, confronted the intimidating San Francisco 49ers quarterbacked by Steve Young, who in the preceding 15 years led by Joe Montana (who remains the best all-around QB I’ve ever seen, notwithstanding the respect appropriately due Tom Brady) and Mr. Young, had won five Super Bowls. That day, the Niners may have been looking past the Packers to the Dallas Cowboys. The tone of the game was set early by a fumble recovery/TD by Cornerback Craig Newsome, but the outcome was decided in part by three long passes from Mr. Favre to Tight End Keith Jackson, who had had a hallowed career but had been little used by the Packers during the regular season; the Niners hadn’t schemed for Mr. Jackson. Defensive Coordinator Fritz Schumer and his staff installed a dozen new defensive formations for the game, which completely disrupted the Niners’ storied precision passing routes. Packer backers’ reaction starting the game was resignation, then successively followed by pleased surprise, stunned disbelief, and finally … euphoria. At the time, the outcome was considered “shocking”; I would submit that in the Favre-Rodgers Era, the win ranks in significance only behind the team’s two Super Bowl victories.

Given the period Mr. LaFleur and his staff have had to think about the 49ers, it’s time to see whether they are, indeed, able to devise something new. French novelist Honoré de Balzac is said to have observed, “Behind every great fortune there is a crime.” I would suggest that the bottom of every renowned coaching career, there is an early unexpected win. While no victory this weekend will equal that long-ago Packer victory over the Niners that completed the team’s transition from disrespected doormat to bona fide powerhouse, Green Bay’s game plan Sunday will enable us to begin to assess whether Mr. LaFleur might someday be able to claim a place beside his legendary innovator-predecessors, Messrs. Lombardi and Holmgren. Win or lose, we will still have better memories of this season that we had any reason to expect when it began.

Impeachment Impressions; Guidance for the Speaker from the Lord … and Kenny Rogers: Part II

If one intends to review this post, but has not yet read Part I (which is immediately below), I would start there 😉

A number of commentators have opined that the reason that Ms. Pelosi has delayed in forwarding the House’s Articles of Impeachment to the Senate for adjudication is that she believes it places pressure on Sen. McConnell and his Senate Republican Leadership to hold a meaningful impeachment trial; others have suggested that the delay is strengthening the case for the President’s removal by allowing time for the unearthing of additional evidence by House investigators and the occurrence of events such as former National Security Advisor John Bolton’s recent indication that he will testify if subpoenaed by the Senate. I would suggest that for reasons practical, political, and – to me the most important — Constitutional, she should forward the Articles to the Senate without further delay.

The practical first: everyone in this country that cares to know already understands the essential – and undisputed – aspects of the Trump Administration’s efforts to put pressure on the Ukrainian government to secure domestic political advantage for Mr. Trump. Everyone in this country – undoubtedly down to the junior member of the Senate maintenance crew – likewise knows that Mr. Trump is going to be acquitted in the Senate. I am confident that Ms. Pelosi is not so naïve as to believe that any additional testimony is going to change the outcome. Will sworn testimony by Acting White House Chief of Staff Mick Mulvaney be any more incriminating to the President than Mr. Mulvaney’s blurted admission of the quid pro quo from the White House podium? Will sworn testimony by Mr. Bolton, confirming Fiona Hill’s testimony that he referred to the Administration’s Ukrainian-related efforts as a “drug deal” and credible media accounts that he urged Mr. Trump to release the Ukrainian aid, have any probative impact upon a decisive number of Republican Senators judging the Articles? To ask the questions is to answer them.

As the Lord said in a more celestial context: “He who has ears to hear, let him hear.” Matthew 11:15.

Ms. Pelosi must recognize that everyone who has ears to hear … has already heard. She should move ahead.

As to the political: if the Articles are going to fail in the Senate, how best to paint the outcome for the November election? It would arguably seem that the more rigorous the Senate trial appears, the more credibly the President and his supporters will be able to claim, following his inevitable acquittal, that the Democrats’ entire initiative was a “Witch Hunt.” If they are going to lose anyway, I would suggest that the more the Senate proceedings seem a kangaroo court, the easier it will be for Democrats to label the President’s inevitable acquittal a whitewash and vulnerable swing state Republican Senators as mere party lackeys. Delay can be as politically dangerous to the Democrats as to the Republicans; I note that since the recent strike on Iranian Maj. Gen. Qasem Soleimani, Sen. McConnell has sought to invoke Americans’ patriotic spirit by calling Mr. Trump “the Commander in Chief” while discussing the upcoming impeachment proceedings.

I am confident that Ms. Pelosi and her Leadership team, along with the rest of us of a certain vintage, well recall the legendary advice of Kenny Rogers’ Gambler:

You’ve got to know when to hold ’em
Know when to fold ’em
Know when to walk away
And know when to run…

It’s time for Ms. Pelosi to fold ‘em … and walk away.

Finally, the Constitutional: Anyone who reads these pages is well aware of the extremely low regard I have for Sen. McConnell. Of all the patently partisan things that the Senate Majority Leader has perpetrated, to me his failure to schedule confirmation hearings on President Obama’s nomination of Judge Merrick Garland to the Supreme Court was a despicable dereliction of his duty. The Constitution’s drafters obviously believed that the Senate would act in good faith in performing its various responsibilities, and didn’t consider it necessary to prescribe a time limit for the Senate to commence deliberations on a President’s nominees. Mr. McConnell should have promptly scheduled confirmation hearings on Judge Garland even if it was preordained that the Republican-controlled Senate would ultimately reject the nomination. He didn’t because he wished to enable Republican Senators to avoid embarrassing, blatantly-partisan votes. He failed in his constitutional duty. I would suggest that by the same token, now that the House has approved two Articles of Impeachment against a President – the weightiest of the House’s Constitutional responsibilities – it is incumbent upon Ms. Pelosi to promptly forward the Articles to the Senate. Whether or not the President is acquitted in the Senate, by commencing impeachment proceedings, House Democrats did what they (and I) felt they were constitutionally obligated to do. Even if there is some gap in the Constitution’s provisions that arguably enables House Leadership to delay in forwarding the Articles to the Senate, they should nonetheless do what Senate Republicans failed to do with regard to Judge Garland’s nomination: respect the spirit, as well as the letter, of the process that the drafters created.

A postscript to an earlier post: not long ago in a note related to impeachment, I quoted one of the founding fathers of modern conservative thought, Edmund Burke, referring to him as an “Englishman.” Only after it was published did I recall that although Mr. Burke represented the English city of Bristol while in Parliament, he was in fact born in Dublin, and should thus should have been described as Anglo-Irish. I can but offer a sheepish apology to the sons and daughters of the Emerald Isle that follow these pages who, given the warm and forgiving hearts for which our people are known, kindly chose not to take me to task ;). I also apologize to any reviewer of this note who finds the lyrics of The Gambler embedded in his/her mind for the rest of the day …