Back At Ya

President Joe Biden’s pardon of his son, Hunter Biden (“hereafter, “Hunter”), yesterday seemed to me worthy of a short note.  At some point in January before Inauguration Day, I’ll do a post on Mr. Biden’s conduct of the presidency, but the pardon will only be addressed here. 

While the media is harrumphing that the President “lied” when he indicated while running for a second term that he would not pardon Hunter, and I would have considered the action dishonorable a month ago, I now consider it to be irrelevant whether Mr. Biden was lying or simply had a change of heart since the election.  I also consider it irrelevant that President-Elect Donald Trump, the MAGA movement, and the alt-right media propagandists will constantly cite Hunter’s pardon as rationalization for every disreputable action they hereafter take; masters of “whataboutism” that they are, if they didn’t have the pardon to yell about, they’d find something else.  (If they even care to justify their actions; I suspect that soon if not immediately, they won’t even bother to try.) 

It was the American people who pardoned Hunter.  The vast majority of American eligible voters – not only those who affirmatively voted for Mr. Trump, but perhaps as many more who didn’t care enough about our democracy and way of life to go to the polls to vote against him – blatantly demonstrated that they don’t give a damn about self-dealing, lying, or respecting the rule of law.  Why should Mr. Biden be expected to act in disregard of their evident sentiments?

I had already determined since the election that when referring to the actions of Mr. Trump and his acolytes in future posts, I wouldn’t allude much to the Constitution, federal law, or authorities such as The Federalist for what the Founding Fathers might have intended; Mr. Trump, MAGAs, Mr. Trump’s Supreme Court and a majority of the American people have already made a mockery of those standards.  So, reflecting purely by what seems right to me, since hearing of the pardon I have considered the mood of an 82-year-old man, whose heart has been broken by the majority of Americans’ willingness to turn their backs on the American principles he has spent his life defending, faced with the prospect that he would probably die with his son in a prison system controlled by the unscrupulous who hate him.  Of course, he would pardon his son.  I would.  Any parent reading this who wouldn’t should immediately place his/her children up for adoption.

I would submit that the pardon also represents a “Back at Ya” from Mr. Biden to the American people for their disregard of his half-century of service.  It would be from me, were I in his place.  (I know; “Back at Ya” is merely a euphemism; but someday my grandchildren may read these notes  😉 .)   

May the Biden Clan have a Very Merry Christmas.

A Little Bit of Heaven

At Mass a couple of weeks ago, I heard the best sermon I have ever heard in my life – and that’s covering a lot of sermons – offered by Fr. Thomas Hagan, an Oblate of St. Francis de Sales, founder of Hands Together, the nonprofit he started in 1986 after leaving the Princeton University Chaplaincy.  Hands Together provides educational, pastoral and humanitarian development to Haiti’s largest and poorest slum, Port-au-Prince’s Cité Soleil.  Before he recounted the horrendous conditions which residents of Cité Soleil endure – they not only suffer extreme destitution, but are now subject to the terror of the gang anarchy dominating Haiti — Fr. Hagen, approximately 80, of Irish ancestry, began by describing his childhood with his siblings in a working class area of Philadelphia, and indicated that as he grew up, his father often repeated that his family provided him “a little bit of heaven” on earth.

A Little Bit of Heaven.  I suspect that in many instances, Thanksgiving will mark the first occasion since the presidential election that family members holding fiercely contrasting political perspectives will be together.  No matter whether one eagerly awaits or fearfully dreads what will follow Inauguration Day, during this Holiday let all of us who are blessed with family embrace that Little Bit of Heaven that our loved ones provide, and take a minute to say a prayer for or otherwise remember those who are not as fortunate.  Also, consider whether you experienced a particular blessing during the past year for which you are truly, truly thankful.  We did.

Fr. Hagan was in Madison rather than in Haiti because he was evacuated from Haiti earlier this year due to death threats against him; other members of the Hands Together organization had previously been captured, tortured, and killed.  His most recent attempt to return to his adopted land was abandoned literally in-flight due to reports that gangs were shooting at planes attempting to land at the Port-au-Prince airport.  Recognizing that this is the time of year that all with an address are deluged with solicitations for charitable contributions, I am including a link at the bottom of this note for any with an interest in Fr. Hagan’s mission.  I admit that I was very taken with the fact that almost thirty years ago he left what was clearly a pretty comfortable position at Princeton to undertake the work he has.

In a number of past Thanksgiving notes I have included a link to one of the West Wing vignettes relating to Thanksgiving.  Aaron Sorkin’s Thanksgiving scenes ranged from the patriotic to the humorous.  The one below was perhaps his best expression in the series of the love and tradition that is family.

Happy Holiday.

On the Power of Faith

[As always, please excuse my use of male pronouns when referring to a Supreme Being without gender.]

During the Civil War, President Abraham Lincoln regularly pondered the irony that two sets of peoples were fervently praying to the same Deity for diametrically opposed ends.  In September, 1862, he wrote:

“The will of God prevails.  In great contests each party claims to act in accordance with the will of God.  Both may be, and one must be, wrong.  God cannot be for, and against, the same thing at the same time.  In the present civil war it is quite possible that God’s purpose is something quite different from the purpose of either party – yet the human instrumentalities, working just as they do, are of the best adaptation to effect his purpose.”  [Emphasis Mr. Lincoln’s]

In a letter to a friend on September 4, 1864, Mr. Lincoln wrote:

“The purposes of the Almighty are perfect, and must prevail, though we erring mortals may fail to accurately perceive them in advance. … God knows best … We shall yet acknowledge His wisdom and our own error therein.  Meanwhile we must work earnestly in the best light He gives us trusting that so working still conduces to the great ends He ordains.”

Finally, in his March, 1865, Second Inaugural Address, delivered on the cusp of what had become an overwhelmingly-likely Union victory, Mr. Lincoln noted the aspect that faith was playing in the conflict:

“Both [Union and Confederate adherents] read the same Bible and pray to the same God; and each invokes His aid against the other. … The prayers of both could not be answered; that of neither has been answered fully.  The Almighty has His own purposes.”

For someone who has been so viscerally engaged in our current electoral struggle, I find myself, if not serene, with at least a level of equanimity as we contemplate today’s uncertain outcome.  I have realized that it is because I believe – as Mr. Lincoln held – that God knows best.  What follows is the passage we chose as our wedding Gospel so many decades ago and has since been included in each of our children’s wedding celebrations:

“Therefore, I say to you, do not be anxious for your life, what you shall eat; nor yet for your body, what you shall put on.  … Look at the birds of the air:  they do not sow, or reap, or gather into barns; yet your heavenly Father feeds them.  Are not you of much more value than they?

… Consider how the lilies of the field grow; they neither toil nor spin, yet I say to you that not even Solomon in all his glory was arrayed like one of these.  But if God so clothes the grass of the field, which flourishes today but tomorrow is thrown into the oven, how much more you, O you of little faith?

Therefore, do not be anxious … But seek first the kingdom of God and His justice ….”

 Matthew, 6:25-26, 28-31, 33

As this Election Day unfolds, I know what I think is the best way forward for our country; but about half of my fellow citizens feel just as strongly to the contrary.  I have frequently referred in these pages to what I consider to be our struggle to maintain democracy; yet it cannot be forgotten that the peaceful expressions of different views are the essence of a democracy.  Given these circumstances, I feel fortunate – nae, blessed – to have the consolation of my faith.  Today, I am confining my prayers to this:  that the Almighty bring about the victory of the presidential candidate who will do the most good for our nation, our children, our grandchildren, and – given our geopolitical, financial, and military standing in the world – who will provide the most good for all of His people of the earth.

If you haven’t yet voted, quit reading this and go vote.  If you have voted, it’s time to sit back and embrace what has been, for over two centuries, the most magnificent expression of public will in the history of the world.

September Notions

Our recent ramblings have provided little opportunity to post in these pages.  A few notions over the last couple of months:

First, a mea culpa:  I indicated in an August preview of the Democratic Convention, “I suspect that there will be no rising Democratic stars given prime time speaking slots … I doubt that delegates will be offered any opportunity for second guessing, … thinking … ‘“We nominated the wrong ‘guy’.”’  In fact, every rising star I listed by name in that post spoke, as well as everybody who wants to be a rising Democratic star, as well as your Uncle Fred.  Democratic Presidential Nominee Vice President Kamala Harris obviously emerged from the convention stronger than before.  Well, as British Prime Minister Winston Churchill once observed:  “I have never developed indigestion from eating my own words.”  🙂 .

As of the time this is typed, Ms. Harris has run a truly effective campaign.  Keeping in mind that I am frequently – and accurately — chided as Mr. Pessimism, I consider her performance thus far to continue to offer her a real chance for victory against the implacable support of MAGA Presidential Nominee former President Donald Trump.  (I can’t be more bullish than that.)  I thought her debate performance was masterful; she has clearly grown exponentially as a debater since her 2020 run for the Democratic Party presidential nomination.  She baited Mr. Trump while she ignored his barbs and kept repeating her own messages, demonstrating better control than I think I could have mustered.  Yet more intriguing was her strategy to let Mr. Trump talk.  Although Mr. Trump whined about the ABC moderators’ unfairness in the wake of his obvious debate debacle, I counted only three times when the moderators corrected his obvious lies, but many more than three times when the moderators turned his microphone back on, contrary to my understanding of the debate rules, to let him respond to a point she had made.  At the time, I was irritated at the moderators; in retrospect, I realized that she hadn’t objected because she recognized that once she gotten him off-stride, his talking helped her.  All that said, I found her 63%-37% victory in CNN’s snap poll of undecided watchers to be instructive.  In a sane world, she should have won 100% – 0%.  Even so, from the perspective of the real world to which we have become accustomed, I scored it closer — perhaps 55% – 45%.  Hopefully, whomever she swayed in the debate will remain in her camp.  To her credit, Ms. Harris is seeming to continue to run with an underdog mentality.  She had better.

We’ve heard a lot about Mandate for Leadership:  the Conservative Promise, popularly known as, “Project 2025,” the Heritage Foundation 900+ page opus setting forth a policy framework for Mr. Trump or some other MAGA winning the White House.  I try to avoid expounding on a subject without reading the primary source myself.  Months ago, I started visiting the Heritage Foundation website to buy a copy (the Heritage Foundation has posted full test online, but these old eyes can’t withstand 900+ pages onscreen), but for all these months, the volume has remained sold out.  Any political think tank normally looks to grab any dollar it can.  I have read snippets of the work, and think it is fair to infer from the Heritage Foundation’s otherwise curious failure to reprint a sure income generator that the Foundation – as well as Mr. Trump, who has tried to distance himself from it in front of mainstream audiences while embracing it in MAGA conclaves – recognizes that most Americans would find its prescriptions as anathematic as liberals and progressives claim they are.  For those with stronger eyes than mine, a link to the volume’s pdf is set forth immediately below.  

2025_MandateForLeadership_FULL.pdf (project2025.org)

I hate it when I am scooped by national media on a Wisconsin-related point that I intended to enter here 😉 ; I will enter it here nonetheless.  On September 20, the New York Times ran an article, “How the Fastest-Growing County in Wisconsin Is Scrambling the Presidential Race,” describing how technology and science workers are flooding into Dane County (where Madison is located) and how these voters may be shifting the statewide balance toward Ms. Harris and away from Mr. Trump.  A link is provided below for those who can get behind the Times’ paywall.  TLOML and I happen to live on Madison’s west side amid burgeoning technology and science concerns.  We see it first-hand.  At rush hour, it is now a struggle to even get on the entrance ramps to Madison’s primary expressway that are respectively east and west of our home.  It has never been this way – not even four years ago, when President Joe Biden narrowly bested Mr. Trump in Wisconsin where the Dane County turnout – not the Milwaukee County turnout – was ultimately considered decisive.  These new Dane County residents are young, highly educated, overwhelmingly progressive, motivated to vote, and present a decided advantage for Ms. Harris.

Feeling good about Wisconsin?  And yet, a note of caution.  Recall that in 2022, White WI Gov. Tony Evers beat his MAGA opponent by three points, while Black WI Lt. Gov. Mandela Barnes lost by a point to White Trump Toady U.S. WI Sen. Ron Johnson, who ran a crime-focused, thinly-veiled race-baiting campaign.  This state is a long way from former President Barack Obama’s wins in 2008 and 2012.  The Democrats’ last female presidential nominee, former U.S. Sec. of State Hillary Clinton, lost to Mr. Trump although Mr. Trump had made clear his intent to appoint Supreme Court Justices that would overturn Roe v. Wade.  In both 2016 and 2020, Mr. Trump ended up with a higher percentage of the Wisconsin vote than polls had suggested he would; it is accordingly not unreasonable to anticipate that such might occur again this year.  We won’t know the Wisconsin outcome until late on election night or the next day, when the vote counts in the Republican-leaning counties around Milwaukee report; Mr. Biden won in 2020 – by a narrower margin than Mr. Trump had in 2016 – because these Republican strongholds didn’t give Mr. Trump enough boost to overcome Mr. Biden’s Milwaukee and Dane County totals.

I’ve been cleaning out my study, getting rid of documents that no longer matter (at least insofar as the their impact on the upcoming election is concerned).  It is stunning to see how much water – or better said, bile – has flowed under the bridge since Mr. Trump came down his escalator to start his 2016 presidential campaign:  the Mueller Report; former U.S. Attorney General William Barr’s written attempt to whitewash the Mueller Report; the U.S. Senate Report on Russian interference in 2016 Election on Mr. Trump’s behalf; the Memorandum of the Mr. Trump’s call with Ukrainian President Volodymyr Zelenskyy; the U.S. House of Representatives’ impeachment resolutions against Mr. Trump; the federal indictments handed down against Mr. Trump for defrauding the United States and mishandling of classified documents.  There is so much filth connected to one man that you can’t really mentally grasp it all at once, although we have lived it.  If I had been presented in 2014 with the hypothetical that a Trump-like demagogue could rise in this country – not only preaching populism and racism but carrying all the ancillary personal baggage that Mr. Trump carries, I would have dismissed it as pure fantasy. 

I pitched it all.  Old news.  While one might argue that the sleaze is why so many Americans detest Mr. Trump, the fact remains that today he nonetheless remains an extremely viable, if not the leading, candidate for the presidency of the United States.  It is a frightening example of the powers of propaganda and hate that Adolf Hitler elucidated in Mein Kampf over a century ago.       

A related notion:  an indication how Mr. Trump’s influence has finally completely contaminated the previously-conservative political ecosystem:  the hullaballoo attending MAGA Vice Presidential Nominee U.S. OH Sen. J.D. Vance’s despicable trumpeting of entirely false claims that legal Haitian immigrants are eating cats and dogs in Springfield, OH.  Let’s put aside the irony, noted by some commentators, that in Hillbilly Elegy (which I have read, published when Mr. Vance was a sane voice before morphing into Junior Demagogue), Mr. Vance describes Ohioans’ bias in the 1950s against Mr. Vance’s own Kentucky Hillbilly forebears for allegedly engaging in practices not dissimilar from those for which he now loudly condemns the Haitians.  To me the crucial point is that Mr. Vance has admitted that what he is saying about the Springfield Haitians is a lie – that there is no evidence it is happening – and he keeps on with it anyway.  I’m a political junkie.  As certain as death and more certain than taxes is that all politicians fudge, exaggerate, distort.  They always have; they always will.  That said, before Mr. Trump, I think it was extremely rare to find a politician who would know something was a lie, get called on it, and just blatantly, nakedly, keep on lying.  Mr. Trump has now spawned a whole generation of politicians in his image who have no regard for truth, Mr. Vance now being the scariest of his progeny, because we must now assume that he will keep up his assault on truth à la Mr. Trump if he becomes Vice President, or … President of the United States.         

We had the opportunity to hear former U.S. WY Rep. Liz Cheney speak on September 20.  Although my views vary from Ms. Cheney’s on domestic issues, my respect for her patriotism and, as a Republican, lonely stand against Mr. Trump has earned my unbounded respect.  Although I consider the American invasion of Iraq in 2003, strongly supported if not spearheaded by her father, then-Vice President Richard Cheney, to be the most egregious foreign policy failure of the last 50 years, Mr. Cheney, like his daughter, has forthrightly endorsed Ms. Harris due to the threat to democracy they recognize in Mr. Trump.  For the remainder of my days, no matter how I feel about the Iraq invasion, I will always have the mental qualifier about Mr. Cheney:  on the most important issue of his conscious lifetime (he was, after all, born during World War II 🙂 ) … he got it right. 

At the same time, my current disdain for the reticence of former President George W. Bush cannot be overstated.  I agree with pundits who suggest that given the hundreds of prominent Republicans (including former Trump Administration officials) who have already spoken out against Mr. Trump, additional Republicans endorsing Ms. Harris won’t matter, with one exception:  Mr. Bush.  It is common knowledge that he despises Mr. Trump.  To speak plainly:  if he has any guts, he should issue a statement to this effect:  “During my presidency, I asked our people to give their lives in our nation’s cause.  The least I owe them is to tell them directly what I think is best for our nation.  I consider Donald Trump to present a direct threat to American democracy.  I have honest disagreements with Vice President Kamala Harris on many issues, but she is honorable and will safeguard our way of life.  I encourage you to join me in voting for Ms. Harris in the upcoming election.”  If Mr. Bush fails to issue such a statement within the next couple of weeks – before advance voting starts in earnest across the country — he will for all time confirm what many of us have long concluded:  he was indeed the wanting son of truly remarkable parents.

Finally, something particularly struck me watching the Democratic convention:  it was (to state the obvious) a celebration of the predominantly young, multi-colored, multi-ethnic, multi-gender, multi-faithed.  It presented a gender, youth, and racial revolution away from our traditional male, white, straight, Christian mores which was markedly more pronounced to me this year than it was in earlier electoral cycles in this century when the Democrats nominated other objectively tradition-shattering candidates — more so than in 2008, with Mr. Obama (cerebral, reserved, witty, beautifully tailored, traditional husband and father, Christian, Ivy graduate, incredible orator, another John Kennedy in all ways but skin color, who went to great lengths to not look threatening), or in 2016 with Ms. Clinton (a traditional Democratic presidential candidate in all ways but gender who was burdened, by having been in the public eye for so long, with sufficient baggage that she somehow forfeited the “change agent” mantle to Mr. Trump).  I would submit that the cultural evolution that we have been more or less considering in these last decades is now upon us.  We are at the tipping point.  Ms. Harris represents not a rejection of tradition but the notion that our nation can accommodate more than one cultural paradigm.  Mr. Trump is the embodiment of the posture that there can be only one.  I don’t know which way this struggle will go; but I do believe that whether our nation will flourish or wither over the lifetimes of our children and grandchildren depends upon the outcome.

This is what occurs when one ponders without the attendant opportunity to expound 😉 .   We’ll see what happens.

Mr. Lincoln on Labor’s Importance … and Immigrants’ Contributions

President Abraham Lincoln was elected in November, 1860, but under the then-prevailing Constitutional provision, would not be inaugurated until March, 1861.  Mr. Lincoln began his trip to Washington, D.C., in February, 1861, after indicating in a Farewell Address to his fellow Springfield residents, “I now leave, not knowing when, or whether ever, I may return, with a task before me greater than that which rested upon Washington.”  Upon his railway trip east, he made a stop in Cincinnati on February 12, 1861 – his birthday – and addressed a group including German immigrant laborers.  It seems fitting to note his remarks in these pages as we celebrate Labor Day:

“I agree … that the working men are the basis of all governments … I am happy to concur … in these sentiments, not only of the native born citizens, but also of the Germans and foreigners from other countries.

I hold that while man exists, it is his duty to improve not only his own condition, but to assist in ameliorating mankind. …

In regard to the Germans and foreigners, I esteem them no better than other people, nor any worse.  It is not my nature, when I see a people borne down by the weight of their shackles – the oppression of tyranny – to make their life more bitter by heaping upon them greater burdens; but rather would I do all in my power to raise the yoke, than to add anything that would tend to crush them.

Inasmuch as our country is extensive and new … if there are any abroad who desire to make this the land of their adoption, it is not in my heart to throw aught in their way, to prevent them from coming to the United States.”

It only occurred to me as I was typing this note that my father-in-law, of German heritage, who I came to revere before he left us too soon, was born in Cincinnati in 1923, only a few generations after Mr. Lincoln made his stop in the Queen City.  It is improbable but seemingly not impossible that he, and if so, TLOML, our children and grandchildren, are descendants of one of the men that sought assurance from Mr. Lincoln that day in 1861 that the nation he had been elected to lead would give them a fair opportunity for a better life.  It is a certainty that our children and grandchildren are descendants of Irish immigrants who were derided when they landed here as limited, brawling Papists who could never be true Americans.

One might question whether our country is still as Mr. Lincoln described it over 150 years ago – i.e., whether it remains “extensive and new.”  I believe that it is.  The majority of Americans – ironically, certainly the vast majority of those who today seemingly most dread immigrant influences — need only drive short distances from their homes (if they need travel at all) to appreciate our vast expanses; those fearful should perhaps consider from whom they are descended.  It is the courageous, entrepreneurial, industrious, open spirit of those who have entered our nation over these last centuries that has made America great.  Our nation is and will remain forever “new” as long as we are willing to replenish our spirit and strength through the labor of both our native-born citizens and those who wish to join us to work to create a better life for themselves and their families.

Enjoy the Holiday.     

What Makes America Beautiful?

[Marking a national holiday usually prompts me to enter an optimistic note born of the festive nature of the occasion.  Given former President Donald Trump’s lead over President Joe Biden in most polls – despite Mr. Trump’s adjudicated criminality and abhorrent conduct of the presidency, which culminated in the storming of our nation’s Capitol on January 6, 2021 – this anniversary of the founding of our nation seems to me instead the right time for each of us to ponder what sort of America we want.  A close friend of ours – an ardent Trump supporter, who vehemently maintains that the 2020 election was stolen from Mr. Trump — recently said to one of us, “Democrats are destroying this beautiful country of ours.”  No matter what else I have ever said or will ever say about Mr. Trump in these pages, there is one area in which I have absolute faith in him:  If he is elected in November, he will do what he says he will do.  What follows is a post published on September 30, 2021; since it seems even more relevant today than it was then, I am taking the liberty of reentering it here.]   

On the Quest for an American Apartheid

Earlier this week, I entered a link in these pages to Robert Kagan’s September 23, 2021, Washington Post essay, “Our Constitutional Crisis Is Already Here.”  There, Mr. Kagan wrote in part:

“Trump is different, which is one reason the political system has struggled to understand, much less contain, him. The American liberal worldview tends to search for material and economic explanations for everything, and no doubt a good number of Trump supporters have grounds to complain about their lot in life. But their bond with Trump has little to do with economics or other material concerns. They believe the U.S. government and society have been captured by socialists, minority groups and sexual deviants. They see the Republican Party establishment as corrupt and weak — ‘losers,’ to use Trump’s word, unable to challenge the reigning liberal hegemony. They view Trump as strong and defiant, willing to take on the establishment, Democrats, RINOs, liberal media, antifa, the Squad, Big Tech and the ‘Mitch McConnell Republicans.’ His charismatic leadership has given millions of Americans a feeling of purpose and empowerment, a new sense of identity.”

While Mr. Kagan spent much of his piece focusing on the dangers to our system of government presented by former President Donald Trump and his nationwide network of Republican acolytes, in the passage above he referenced what I consider to be the primary source of our danger:  us.  We are no longer, as we were taught in the Pledge of Allegiance, “One nation … indivisible.”  United States citizens have two wildly divergent and deeply engrained inclinations as to what makes America.  Speaking in generalizations, one segment — demographically older, white, professed Christian, sexually straight, English-speaking, and more rural in outlook — views America to be the product of traditional American ethnicities, customs, cultural experience, and memory; the other segment — younger, multi-complexioned, multi-theistic/atheistic, multi-lingual, multi-sexual and -gender, and more urban, with relatively lesser regard for traditional American experience and memory – views America as a system of government providing each individual the freedom, within the purview of the safety of the body politic, to not conform to traditional American customs and values. 

What makes America … America?

If any reader of these pages is willing to review a volume s/he may well find abhorrent, I would recommend State of Emergency, written by former Republican Presidential Candidate Patrick Buchanan in 2006.  Mr. Buchanan, who worked in the Nixon, Ford, and Reagan White Houses, is – although reportedly called out for bigotry during his career by conservative commentators William F. Buckley, Jr. and Charles Krauthammer – both fluent and unquestionably knowledgeable about American history and policy.  State of Emergency is primarily an assault on what Mr. Buchanan perceived as an unhealthy influx of Mexicans into American society.  It is a book that Mr. Trump, if he knew history, would have conceived; if he could write, would have written.  My familiarity with alt-right theorists isn’t that wide, but Mr. Buchanan’s candidacies were in retrospect clearly forerunners of Mr. Trump’s, and in State of Emergency he set forth what may be among the most articulate expression of the theories underlying what has become Trumpism:

“[Patriotism] is a passionate attachment to one’s own country – its land, its people, its past, its heroes, literature, language, traditions, culture, and customs. … There is a rival view … that America is a different kind of nation.  Unlike Ireland, Italy, or Israel, the United States is not held together by the bonds of history and memory, tradition and custom, language and literature, birth and faith, blood and soil [Note:  “Blood and Soil” was a Nazi slogan].  Rather, America is a creedal nation, united by a common commitment of all her citizens to a set of ideas and ideals. … Demonstrably, this is false.  Human beings are not blank slates.  Nor can they be easily separated from the abiding attachments of the tribe, race, nation, culture, community whence they came.  Any man or any woman, of any color or creed, can be a good American.  We know that from our history.  But when it comes to the ability to assimilate into a nation like the United States, all nationalities, creeds, and cultures are not equal.  To say that they are is ideology speaking, not judgment born of experience. … Should America lose her ethnic-cultural core and become a nation of nations, America will not survive.”

There are, ironically, corresponding echoes of Mr. Buchanan’s comments in Mr. Kagan’s essay:

“Most Trump supporters are good parents, good neighbors and solid members of their communities. Their bigotry, for the most part, is typical white American bigotry, perhaps with an added measure of resentment and a less filtered mode of expression since Trump arrived on the scene. But these are normal people in the sense that they think and act as people have for centuries. They put their trust in family, tribe, religion and race. Although jealous in defense of their own rights and freedoms, they are less concerned about the rights and freedoms of those who are not like them. That, too, is not unusual. What is unnatural is to value the rights of others who are unlike you as much as you value your own.

The events of Jan. 6 … proved that Trump and his most die-hard supporters are prepared to defy constitutional and democratic norms, just as revolutionary movements have in the past. While it might be shocking to learn that normal, decent Americans can support a violent assault on the Capitol, it shows that Americans as a people are not as exceptional as their founding principles and institutions. Europeans who joined fascist movements in the 1920s and 1930s were also from the middle classes. No doubt many of them were good parents and neighbors, too.  People do things as part of a mass movement that they would not do as individuals, especially if they are convinced that others are out to destroy their way of life [Emphasis Added].”

I infer from some passages in Mr. Kagan’s column that he considers regular Trump supporters — if not the arguably more sophisticated and partisan Republican Party officialdom — credulous, and to actually believe Mr. Trump’s claims of fraud; he left at least me with the impression that he thinks that if regular Trump supporters understood the truth, they’d begrudgingly accept the will of the majority even if they disagreed with it.  If that is indeed his view, I am less sanguine.  I would suggest that the majority of regular Trump supporters are simply choosing to indulge in the self-delusion of a fraudulent electoral process because it enables them to rationalize the anti-democratic steps they are either taking or condoning; that in their deepest recesses, the majority do know that Mr. Trump lost, and – much more importantly – have come to viscerally grasp that if our nation’s current demographic and political trends continue unchecked, what they consider America to be (in Mr. Buchanan’s phrase, “bonds of history and memory, tradition and custom, language and literature, birth and faith, blood and soil”) will fade away.

To Mr. Kagan, “… the American experiment in republican democracy requires … what the Framers meant by ‘republican virtue,’ a love of freedom not only for oneself but also as an abstract, universal good; a love of self-government as an ideal; a commitment to abide by the laws passed by legitimate democratic processes … ”

To Mr. Buchanan, America is as he quoted Framer John Jay from Federalist No. 2:  “Providence has been pleased to give this one connected country to one united people – a people descended from the same ancestors, speaking the same language, professing the same religion, attached to the same principles of government, very similar in their manners and customs …”

I’ve previously noted in these pages that William Galston reported in Anti-Pluralism that Mr. Trump himself indicated in a speech in May, 2016, that “The only important thing is the unification of the people.  [T]he other people don’t mean anything [Emphasis Added].”  

It has become cliché that the voter suppression measures being enacted by cooperative Republican-controlled state legislatures and the current dust-ups in various states about alleged 2020 election fraud aren’t, despite Mr. Trump’s protestations, about the 2020 outcome, but rather to limit opposition voter turnout, lay a foundation of doubt about the veracity of our electoral processes, and have in place the mechanisms (state legislative overrides; friendly election officials; sympathetic judges) to avert any 2022 and 2024 electoral outcomes that Mr. Trump and his followers don’t like.  (They must have realized the need for these latter official safeguards given the determinative number of Independents and traditional Republicans that voted against Mr. Trump in 2020.)  Trumplicans have come to recognize that if all legally authorized voters cast ballots, they will lose significantly more than they win – either now, or in the foreseeable future.  They don’t believe that “constitutional and democratic norms,” to use Mr. Kagan’s phrase, constitute America.  Their measures are intended to save their America of (paraphrasing Mr. Jay) ancestry, language, religion, manner and custom.

Most of us have some background regarding South African Apartheid, which prevailed in some form from about 1910 until the early 1990s, most virulently starting in the late 1940s.  My own information was limited to an understanding that it was legalized subjugation by a small white minority (about 15% of the population) over the significant black majority (85%).  One of the theories for the institution of Apartheid, according to “The Origins of Apartheid” by the Apartheid Museum in Johannesburg, South Africa, is that white Afrikaner Nationalists “feared that the Afrikaner’s very existence was threatened by the mass of Africans that confronted them in South Africa;” and that this fear resulted in “a range of laws that were passed … to preserve this ‘God-given Afrikaner identity [Emphasis Added].”  In “The Evolution and Fall of the South African Apartheid State:  A Political Economy Perspective,” John M. Luiz wrote, “[In 1948 the manifesto of the National Party (NP)] was that of apartheid and Afrikaner empowerment … [S]oon after coming into power, the government put into operation a three-pronged strategy designed to further the interests of Afrikaner nationalism. … The government set about Afrikanerising [sic] every state institution by appointing Afrikaners to every level of the civil service, state corporations, and security forces.”

No one that reads these pages will be a bit surprised that I am most comfortable with traditional norms.  Although I’ve been told by someone very close to me that I am privileged, I feel no guilt about being who I am.  In my estimation, the so-called “Woke” frequently overreact, sometimes grossly so.  That said, I subscribe to the view that America is a creedal nation; that it should be governed through a system that pursues the will of a majority of its citizens who are all able to vote under an impartially-administered set of fair rules, while at the same time furnishing sufficient safeguards for the civic and human rights of the minority.  I fear that those sympathetic to Mr. Trump and the actions of his acolytes think otherwise.  While I concede that many Trump supporters are seeking to protect what they view as America, a significant number seem unfazed by the prospect that preserving their America may involve the suppression of the will of a peaceful, multi-complexioned and -faceted majority of U.S. citizens.  Although I suspect that most would recoil if confronted with the notion, they are either actively or passively on a quest to establish an American Apartheid.

[Our friend’s vision of American beauty is clearly akin to that of Messrs. Buchanan and Trump.  As we enjoy pleasant gatherings in the coming days, and inevitably hear the singing of “America the Beautiful,” it seems fitting to consider:  What makes America beautiful to you?]

It Is Now We Who Are On Trial

“[The] process of election affords a moral certainty that the office of President will seldom fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications. … [I]t will require other talents, and a different kind of merit, to establish him in the esteem and confidence of the whole Union, or of so considerable a portion of it as would be necessary to make him a successful candidate for the distinguished office of President of the United States.  [Emphasis Added]”

  • Alexander Hamilton, under the pseudonym, “Publius”; Federalist No. 68

Put aside the ten percent of our (or any nation’s) population who are either crazy or will, tacitly if not explicitly, acknowledge that they are governed by the base instincts to which former President Donald Trump appeals.  Everyone that reads these pages is old enough to remember that before Mr. Trump rode down his escalator – less than ten years ago – it was unthinkable – unthinkable! – that a convicted felon would remain a serious candidate for any high federal office.  Given Mr. Trump’s conviction yesterday on all 34 felony counts brought against him by the New York City Manhattan District Attorney, and notwithstanding the incessant attempt to delegitimize the verdict that has commenced in the alt-right propaganda silo and will continue through Election Day, it is now up to us as Americans – primarily up to the approximately 35% of our citizens, neither crazy nor consciously willing to succumb to their baser impulses, who up to now have indicated a willingness to vote for the former president this November — to decide: 

Do I believe in our judicial system, that any outcome arising from the orderly administration of justice is paramount to any respective substantive policy preferences I may have, and its result should be heeded and respected? 

Do I believe that my fellow American citizens – although they may reside in a very different environment from mine, and have markedly different perspectives on most issues facing our nation than I do – are capable of understanding their solemn responsibility, soberly weighing the evidence placed before them, and rendering an impartial verdict in a criminal trial?

For those of us who have family and friends who support Mr. Trump and hereafter question the impartiality of the New York City jury in our presence, I offer this as a possible response (an obvious trap, but I would submit nonetheless an above-the-belt way to make an important point):  “If Joe Biden was being criminally tried in [your home town], and you were on the jury, would you be able to put aside your dislike of him and impartially look at the evidence?”  If predictably your relative or friend replies in the affirmative — and I believe that the vast majority of our citizens of all political stripes would indeed take their duty seriously — the conclusion is easy: “If you think you could, why don’t you think those New Yorkers did?”

Whether a convicted felon wins the presidency of the United States this fall will say more about us as a people than it will about Mr. Trump.  It is we, not Mr. Trump, who will determine whether, in President Abraham Lincoln’s words at Gettysburg, our “government of the people, by the people, for the people, shall not perish from the earth.”

As Mr. Trump Faces a Jury of His Peers

Today prosecution and defense counsel will make their respective closing arguments to the jury in former President Donald Trump’s “hush money” trial.  Judge Juan Merchan will then instruct the jurors on the law applicable to the charges that have been levied against Mr. Trump and then dismiss the panel to deliberate and reach a verdict. 

In every jury trial, among the instructions that the Judge includes is the admonition that the jurors must render their verdict based upon the evidence admitted into the trial record and not upon the competing attorneys’ opening statements and closing arguments, which are not evidence.  Yet, as various legal media pundits following the trial have numbingly obsessed over the last several weeks about the potential impact of each piece of evidence upon the jury, I’ve been reminded of a study released at about the time I attended law school in the 1970s – I have no idea whether it was thereafter debunked or confirmed – that indicated that jurors actually make up their minds about a case based upon opposing counsels’ respective opening statements.

Since Jurors are also admonished by the Court not to speak about a case, even among themselves, until all the evidence is in, they themselves probably have no idea what their verdict will be.  Even so, I wouldn’t be a bit surprised – although we’ll never know – if Mr. Trump’s fate hasn’t already been determined.

That said, I was intrigued by an observation made by Attorney Ethan Greenberg in a May 20th Wall Street Journal essay regarding whether the Court would include a jury instruction about “Lesser Included Offenses” (“LIOs”) in Mr. Trump’s case.  As all who care are aware, the charges brought against Mr. Trump for falsification of business records are classified as misdemeanors under New York state law.  Such offenses are only deemed felonies if the jury determines not only that Mr. Trump knowingly falsified his business records, but did so to hide another offense – in this case, a violation of campaign finance laws.  Mr. Greenberg noted in his piece that if no LIO instruction is given, it will be all or nothing for the prosecution and the defense – Mr. Trump will (unless there is a hung jury) either be acquitted or convicted of a felony.  However, if either side requests (or the Court itself elects to include) an LIO instruction, the jury will have an “off ramp” – it will have the ability to find Mr. Trump guilty of the misdemeanor of business record falsification without finding him guilty of the attendant felony of violating campaign finance law [i.e., if it chooses to conclude, for example, that Mr. Trump falsified his business records to hide his payment to Adult Film Actress Stephanie Clifford (a/k/a “Stormy Daniels”) for a non-criminal reason, such as avoiding embarrassment to Ms. Melania Trump].  It takes little discernment to surmise that an LIO instruction increases the odds that the prosecution will secure at least a misdemeanor conviction and avoid an outright acquittal – the latter which Mr. Greenberg called “a prosecutorial disaster” — but likewise increases the odds that the defense will avoid a felony conviction, thus enabling Mr. Trump to proclaim in the court of public opinion – as he did after he avoided being convicted in his second Senate impeachment trial despite the fact that a majority of the Senators had indeed voted to convict him — that the charges against him were a lot of hullaballoo about nothing.  A misdemeanor conviction would still potentially involve a prison sentence, but given the certainty that Mr. Trump will appeal any conviction, the prospect of jail time is probably something that the former president will be willing to worry about later. As this is typed, at least I am not aware whether Mr. Trump’s jury will be given an LIO instruction or not. 

(To state the obvious:  all of these Trump Toadies who were brought down to sit in the courtroom and then spew toxic waste outside afterward weren’t there to intimidate the jury – it takes a lot more than that bunch to intimidate a New Yorker – but to start the delegitimization of any ultimate guilty verdict in the alt-right media silo.)

As to how it will go:  I have had a number of friends express concern to me that although they believe that Mr. Trump is clearly guilty, the trial is so fraught with competing emotions that he will – as some believe was the case when O.J. Simpson was tried for the murder of his wife – ultimately be acquitted.  The requirement that a jury find evidence of guilt “beyond a reasonable doubt” in order to convict a criminal defendant is, and should be, a very high standard of proof; but prosecutors regularly achieve it.  On more than one occasion, I heard the senior partner in the firm I joined after law school – a renowned trial lawyer, son of a Wisconsin Supreme Court Justice, Fellow of the American College of Trial Lawyers, then a past president of the Wisconsin Bar Association, now decades-deceased — observe, “Every experienced trial lawyer will tell you that he’s had a case that he won that he should have lost, and a case that he lost that he should have won.” 

No one can tell what a jury will do.

Reflections on Memorial Day

We will celebrate eleven Federal Holidays during 2024.  As we are on the cusp of the Memorial Day Weekend – the unofficial start of summer for at least those of us who live in the northern reaches of the country – ponder whether, of the eleven, Memorial Day is not the most significant.

All of our Holidays have some enduring significance (or, at least virtually all; I suspect that we might take Columbus Day back if we could  😉 ); some are obviously vested with deep meaning. 

We observe the birthdays of three great Americans:  those of Presidents George Washington and Abraham Lincoln on the same day in February and that of Rev. Martin Luther King, Jr., in January; we recognize service on Labor Day and Veterans’ Day; and we acknowledge the nation’s tragic legacy of slavery and racism on Juneteenth National Independence Day.

New Year’s Day and Christmas Day each fit in their own conceptual categories.  New Year’s seems a required bookkeeping entry; not unimportant as such, but each new year is going to come around whether our nation continues or not.  As for Christmas – one of the holiest days of the year for Christians like me – one might nonetheless question its inclusion as a national holiday in a land with citizens of many faiths and no faith, governed by a Constitution that provides that its legislature shall make no law respecting an establishment of religion.

Thanksgiving Day is probably my favorite national holiday, and celebrates one of the most worthy of human emotions:  gratitude for the gifts one and one’s family and friends have received in this life.  That said, the gift of freedom that we enjoy and for which we give thanks every November had to be earned

Finally, what about the Fourth of July?  The date of our nation’s founding is an understandably hallowed day for all Americans.  Had the Founding Fathers not declared our independence, we’d have no country; the principle of equality upon which our nation is based would never have come into being.  But I would suggest that there are 20 guys in some corner of the world declaring independence from something or other as you read this who, like thousands before them, will never be heard of or from again.  The literal establishment of a nation is, of course, essential to its being; but I would submit that it is the subsequent offering of those who sacrifice to sustain and replenish it that is most worthy of our honor, tribute, and recognition.

Whether or not you agree with my characterization of the relative importance of our Federal Holidays, as we celebrate this Memorial Day, may we each give a moment to remember the sacrifices of the men and women we have marked this day to honor:  those who throughout our history have sacrificed to preserve and protect our freedom – both those who have given, in the words of Mr. Lincoln at Gettysburg, “the last full measure of devotion,” and also those who have ever after borne the physical and emotional scars of their sacrifice.

Enjoy the Holiday.

On Stormy Daniels’ Testimony

We’ve been elsewhere a good bit recently, removed – in some ways, blessedly – from the daily vicissitudes of our time.  We find that – like the first view, 50 years ago, of my sainted mother’s soap opera after a semester away at college — little has changed, with the vital exception of the passage of the Ukraine aid package.  What has prompted this note regarding the May 7 testimony of Adult Film Star Stephanie Clifford (a/k/a “Stormy Daniels”), in the case the New York City Manhattan District Attorney is now prosecuting against former President Donald Trump for falsification of business records, is the debate I heard between a couple of legal commentators as to whether, from the perspective of trial strategy, the prosecution had been wise or foolish to have Ms. Clifford testify regarding her alleged 2006 sexual encounter with Mr. Trump in such detail that even Presiding Judge Juan Merchan observed that her account might have been unnecessarily … informative.  I heard one legal pundit opine that what might be argued to be prosecutorial excess could provide grounds for reversal on appeal if Mr. Trump is ultimately convicted.

In law school, they tell you that they’ll train you to “think like a lawyer.”  The debate about trial strategy is the kind of question that intrigues lawyers.  Although I understand the misgivings of the lawyer concerned about the potential consequences of prosecutorial overreach, I think he is missing the main point.

First, for reasons I find inexplicable considering all of the other boundaries of social decorum that Mr. Trump has flouted over the last decade, the former president continues to deny his tryst with Ms. Daniels.  Of course it occurred.  I suspect that even Mr. Trump’s most fervent admirers believe that it happened.  If it had not occurred, there is no reason why Mr. Trump – notoriously cheap with his own money – would have yielded to Ms. Clifford’s demands for payment in the last days of the 2016 campaign, or that Mr. Trump’s attorney and “fixer,” Michael Cohen, would have engaged in the machinations he did to get Ms. Clifford her money.  The only way the jury might have doubts about whether the episode occurred would be if the prosecution didn’t put Ms. Clifford on the stand.

Second, since Mr. Trump is denying that the episode occurred, having Ms. Clifford provide details of the liaison – among the most benign, that Mr. Trump was then using Old Spice — provided credibility to her account.  Having her simply testify, “We had sex,” would have been insufficient.  Recall that Monica Lewinsky’s descriptions of her encounters with former President Bill Clinton were buttressed by her description of a certain generally hidden part of Mr. Clinton’s anatomy later independently confirmed.  Although some aspects of the tryst Ms. Clifford described have been characterized as “salacious,” I would suggest that no participant in any consensual sexual encounter, required to thereafter describe its particulars in an antiseptic courtroom, could do so without sounding salacious.

An aside:  Ms. Clifford was an acknowledged adult film actress when she was invited to have dinner with Mr. Trump in his suite.  For anyone that knew Mr. Trump at all:  What did she think he intended?

All that said, what I consider the main point:  Since it is widely held by Constitutional scholars that Mr. Trump can serve as president even if he is convicted, it doesn’t substantively matter whether the conviction is ultimately overturned on appeal after the 2024 presidential election.  However, if the titillating details Ms. Clifford placed in the record make it more likely that the prosecution will secure a conviction that adversely affects the former president’s 2024 presidential prospects, such is all that counts.  (There is obviously the concern that if Judge Merchan thought that the prosecution was excessive, perhaps members of the jury think so as well, which could redound to Mr. Trump’s benefit.)

By outward appearances, the trial is wearing Mr. Trump down.  At the same time, I continue to have deep concerns about the boost his campaign will receive from either an acquittal or a hung jury.

We’ll see what happens.