Tag Archives: impeachment

The End of the Mueller Investigation and the Need for Congress to do its Duty, and for People to Speak out: Otherwise We are All Trump’s Accomplices

Edward R. Murrow

Friends of Padre Steve’s World,

The great American journalist and pioneering radio and television broadcaster Edward R. Murrow said: “We must not confuse dissent with disloyalty. When the loyal opposition dies, I think the soul of America dies with it.” His words are profound. He, along with William Shirer covered the rise of the Nazis and then lived through the height of the Red Scare and the McCarthy era inquisition. Of course he was right, the fact is that it does not matter which party controls the reigns of government or who the President is that principled opposition is not disloyal.

This is an important fact to remember even as the current President of the United States, his accomplices in the world of Fox News and Breitbart, and his fanatical supporters in what is called the Christian Right dare to say. The fact is that for our government to function as the founders intended it is absolutely necessary for the minority party, as well as other minorities be allowed to dissent. When that Constitutional right is abridged in any way it endangers our society and our way of life. In an age where opinions can be picked up cheap on the internet, television, or radio, and where things like courage, fortitude, and real faith are in short supply, we have to acknowledge as Murrow did “that we are living in an age of confusion – a lot of us have traded in our beliefs for bitterness and cynicism or for a heavy package of despair, or even a quivering portion of hysteria.”

We have a President who has spent the year after his election victory demonizing his opponents, be they members of the press, the Democratic Party, or even members of his own Republican Party for infractions that had they happened under any previous American President of any party would have never happened.

Even following the release of the Mueller Report and Mueller’s comments yesterday that the evidence against the President shows his involvement in crimes involving Russia and the 2016 elections. His words, in which he noted if the President was not involved he would have stated so in his report have been twisted by Trump and his GOP supporters to mean that he is innocent of all charges. However, Mueller very clearly that he could not charge the President under current Justice Department rules. He has left the way open for Congress to do its job and commence investigations and impeachment hearings. If our Republic and its Constitutional institutions are to survive this has to be done regardless of any political price to be paid. if it is not done we will all be complicit in the end of our Republic.

Some politicians, pundits, and medical professionals have suggested that the President is either insane or perhaps suffering from the early stages of dementia. Others disagree and believe that he is neither insane or suffering from dementia but that he is a master manipulator who knows exactly what he is doing. His list of actions that would have certainly damned the candidacy of any previous Presidential candidate, or the term of of office of any other President grows with every passing hour. Despite that whatever opposition there is seems to be ineffectual and shunted aside. In normal times the suggestion that the President might be suffering from a type of mental illness or a medical condition that impaired their cognitive ability would be a cause for bi-partisan concern, and to think that the President might be a manipulative prospective tyrant would as it did during Watergate turn his own party against him. Honestly, the thought of an either insane or cognitively impaired President trying to demonize his opposition or one that is bent on crushing them are both bad scenarios. I think that the latter is worse if his own party has surrendered its soul to their ideological goals so much that they are willing to go along with actions and statements that just over a year ago many of them said should disqualify someone from the presidency.

My problem is that I am a historian and that I have studied totalitarian states and the history of how they became such. What I am seeing going on now frightens me. We are moving closer to a totalitarian system of government than I could have ever thought could have happened in this country. I believed that our system of checks and balances coupled with a free press would keep anyone from overthrowing our system of government and establishing a totalitarian state, but we seem to be moving rapidly in that direction.

Historian Timothy Snyder noted in an interview with Sean Illing: “We think that because we’re America, everything will work itself out. This is exactly what the founders refused to believe. They thought human nature is such that you have to constrain it by institutions. They preferred rule of law and checks and balances.”

But that is no longer true for this Administration and its GOP enablers in Congress, checks and balances are out the door, and so is the rule of law.

The rule of law, the Constitutional system of checks and balances, and the underlying premise of the Declaration of Independence cannot be sacrificed for political expediency. The question one has to begin to ask in light of all of the President’s actions and words is: is the President insane, is he impaired, or is he evil and intent on establishing himself as a tyrant? None of those options are good, but if the President’s supporters were principled as was the Republican Party in 1973-74 during Watergate then such actions can be stopped.

However, if they are not, and if the leaders of the President’s Party knows or suspects that he is insane, impaired, or evil and acting against the Constitution, but take no action in order to get their agenda passed then they are no better that the non-Nazi German conservatives of 1932-1935 who abandoned all principle because Hitler gave them some of what they wanted.

The same is true of the ruling class of French conservatives who for decades undermined the Third Republic until the German invasion of 1940 left France defeated. William Shier wrote:

“And more and more, as the last years of the Third Republic ticked off, the wealthy found it difficult to put the interest of the nation above that of their class. Faced with specific obligations to the country if the state were not to flounder in a financial morass, they shrank from meeting them. The Republic might go under but their valuables would be preserved. In the meantime they would not help keep it afloat by paying a fair share of the taxes. The tax burden was for others to shoulder. If that were understood by the politicians, the Republic could continue. If not… were there not other forms of government possible which promised more security for entrenched wealth? The thoughts of some of the biggest entrepreneurs began to turn to the Fascist “experiment” in Italy and to the growing success of the Nazi Party in Germany.”

I’m going to stop for now, but remember the questions about the President posed by many other than me that must be answered: is he insane, is he impaired, or is he evil?

Honestly I don’t know. I can speculate, but the questions have to be asked by people in elected or appointed offices established by the Constitution, as well,as the press, and the citizenry if we are to retain our republican system of government. Dissent is not disloyalty. Asking such questions is not treason. Our founders wrestled with this. Thomas Jefferson wrote: “Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.”

The fact that the President’s overtly unconstitutional views of government, his frequent attacks on all opponents, his destruction of longstanding alliances and embrace of tyrants has been normalized by much of the press, media, and populace one cannot hope that things will change for the better anytime soon.

In his majority opinion in West Virginia v. Barnett In 1943, Associate Supreme Court Justice Robert Jackson wrote:

“Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard.

Based on the President’s words and actions I do believe that he will engineer a Reichstag Fire moment in order to gain absolute power in the United States under the pretense of National security. His administration is already physically doing that to immigrants, while using terribly hostile and discriminatory terms against racial or religious minorities, women, gays, the press and political opponents. Sadly, too few people speak up, and fewer take action.

Murrow noted: “No one can terrorize a whole nation unless we are all his accomplices.”

Trump, his accomplices in the GOP, the Right Wing Media, high profile Christian preachers, and yes, the Russian government are all complicit in this attack on the very foundations of our republic. If American citizens of any party are unwilling to stop this, we will all be Trump’s accomplices.

So until tomorrow,

Peace,

Padre Steve+

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Re-Thinking the Unthinkable: When Trump and His Followers Refuse to Give up Power

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Friends of Padre Steve’s World,

This is the first article I have written in the wake of the release of the Mueller Report, the actions of Attorney General Barr, and the defiant words of the President and his loyal supporters.

For those that rejoiced in the continued revelations of President Trump’s malfeasance and incompetence hoping that this will soon trigger his removal either by impeachment or the use of the 25th Amendment, including me were wrong.

Back on May 18th Of 2017 I wrote these words on this blog:

“be assured that unless something totally unexpected occurs that this will not end soon, nor well.

Donald Trump is a unique creature in American politics, he has succeeded in establishing himself as the center of a political cult that has taken over the Republican Party. Despite his overall approval ratings consistently being below 40% with terrible numbers pertaining to his basic character and trustworthiness, well over 80% of Republicans in every poll continue to support him. They reject any fact that is contrary to what they believe about their leader, and they tend to support the most unconstitutional aspects of his ill-defined political ideology, which more resembles the Nazi Fuhrerprinzip than anything from the American political tradition. They abhor those who raise objections of any kind based on fact so much that they have gone resorted to repeating what they sometimes refer to as alternative facts or alternative truths.

Guided by an uncompromising propaganda network of talk radio and television hosts as well as internet based organizations they have little loyalty to anyone but the President. This mass movement supported by such propaganda is well described by the great American philosopher Eric Hoffer who wrote:

“All mass movements strive, therefore, to interpose a fact-proof screen between the faithful and the realities of the world. They do this by claiming that the ultimate and absolute truth is already embodied in their doctrine and that there is no truth nor certitude outside it. The facts on which the true believer bases his conclusions must not be derived from his experience or observation but from holy writ.”

This is the world of alternative facts, and the prelude to dictatorship if the trend is allowed to continue. Likewise the true believers, those who follow the President as if he were some sort of Messiah intent on destroying the old order and establishing a new will not stand easily aside. Their support for the President is much deeper than normal political attachment, he is an extension of them who gives voice to their innermost fears, passions, and insecurity. They are defiant in their stand against those that he is against. Historian Timothy Snyder wrote of how the language of their leader and his propaganda works in the minds of the followers:

“Victor Klemperer, a literary scholar of Jewish origin, turned his philological training against Nazi propaganda. He noticed how Hitler’s language rejected legitimate opposition: The people always meant some people and not others (the president uses the word in this way), encounters were always struggles (the president says winning), and any attempt by free people to understand the world in a different way was defamation of the leader (or, as the president puts it, libel).”  

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Thus they cannot be convinced by normal argument or fact. Hoffer noted:

“The leader personifies the certitude of the creed and the defiance and grandeur of power. He articulates and justifies the resentment damned up in the souls of the frustrated. He kindles the vision of a breath-taking future so as to justify the sacrifice of a transitory present. He stages a world of make-believe so indispensable for the realization of self-sacrifice and united action.”

Even when everything comes apart around them and their leader collapses they cannot admit that he was deceiving them. At the end of the war a German soldier told Victor Klemperer that “Hitler has never lied, I believe the Fuhrer.” Snyder writes: “The final mode is misplaced faith. It involves the sort of self-deifying claims the president made when he said that “I alone can solve it” or “I am your voice.” When faith descends from heaven to earth in this way, no room remains for the small truths of our individual discernment and experience. What terrified Klemperer was the way that this transition seemed permanent. Once truth had become oracular rather than factual, evidence was irrelevant.”

The man is not normal, he is not stable, and he knows nothing but conflict. His followers believe in him almost as a Messiah figure who cannot be wrong and must be defended to the last and experience has shown us that some of would resort to violence to silence his critics.

Like Hitler and other despots, he and his most loyal followers see this as a fight to the finish which Trump which he must win or be defeated. It is a zero sum conflict, and I do not expect it to end well, even if Trump is eventually removed by impeachment or the 25th Amendment.”

Let us also add losing the 2020 election to that list. With Trump and his followers relentless attacks on Congress, individual political opponents in Congress, presidential candidates, State officials, judges, the FBI and members of the Justice Department, distinguished journalists, entertainers and sports figures, for that matter anyone who speaks the truth or attempts to uphold the law and Constitution; the likelihood that he will not leave office, or will attempt to find a way to secure a permanent way to stay in office. Mind you, there are many ways he could do this, and possibly secure the approval of a majority of Americans.

Many, if not most of his supporters believe that his Presidency is divinely ordained. When people believe that their leaders are backed by God they are capable of great evil. One only has to look to history and the link between religion and political repression to see this.

Timothy Snyder wrote in his book On Tyranny:

“Be calm when the unthinkable arrives. Modern tyranny is terror management. When the terrorist attack comes, remember that authoritarians exploit such events in order to consolidate power. The sudden disaster that requires the end of checks and balances, the dissolution of political parties, the suspension of freedom of expression, the right to a fair trial, and so on, is the oldest trick in the Hitlerian book. DO NOT FALL FOR IT.”

So until tomorrow,

Peace

Padre Steve+

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A Troubling Supreme Court Nomination on the Anniversary of the 14th Amendment

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Friends of Padre Steve’s World,

Today was the 150th anniversary of the adoption of the 14th Amendment, that is something to celebrate because the amendment corrected one of the most glaring omissions from the Constitution that put it at odds with the very principles of the Declaration that “all men are created equal.” The amendment struck down the Dred Scott decision which denied that Blacks could ever be citizens and had no constitutional rights. Section One of the amendment stated:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

It was the amendment which extended the promise of the Declaration first to Blacks and that would later be the basis of subsequent amendments and court decisions which extended those rights and that promise to other racial minorities as well as women and Gays. In that sense it is the amendment helped all Americans have a constitutional basis to have a chance to realize the revolutionary idea of the Declaration that “all men are created equal…” 

Tonight President Trump nominated Federal Appeals Judge  Brett Kavanaugh to the Supreme Court vacancy left by the resignation of Justice Anthony Kennedy. Since Kavanaugh was suggested as a favorite in the President’s nomination process I have taken the time to read a number of short biographical articles from a number of sources on Kavanaugh’s life, read a number of his legal opinions, decisions and an article on the Separation of Powers and Executive powers in a 2009 Article in the Minnesota Law Review. All that being said I don’t know exactly what he would decide from the Supreme Court even though if I look at his previous opinions from the bench and the Minnesota Law Review article give me pause to be concerned both about the protections of the 14th Amendment as well as the Constitutional separation of powers. The later is especially concerning in light of his remarks in the Minnesota Law Review review article that:

“Congress might consider a law exempting a President—while in office—from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel. Criminal investigations targeted at or revolving around a President are inevitably politicized by both their supporters and critics. As I have written before, “no Attorney General or special counsel will have the necessary credibility to avoid the inevitable charges that he is politically motivated—whether in favor of the President or against him, depending on the individual leading the investigation and its results.” The indictment and trial of a sitting President, moreover, would cripple the federal government, rendering it unable to function with credibility in either the international or domestic arenas. Such an outcome would ill serve the public interest, especially in times of financial or national security crisis.”

He said this despite having served on the staff of Special Prosecutor Kenneth Starr during the investigation and impeachment of President Clinton and that he noted that the same article quoted above regarding the decision of the Supreme Court in Clinton v. Jones “that presidents are not constitutionally entitled to deferral of civil suits.”

I think this is the most important issue in regard to Kavanaugh’s nomination. Yes I know the concerns many have for so many other vital issues but I think this one is the most concerning and it overshadows every other potential decision that he could be the deciding vote on, for all of those issues because this is the only one that could allow the President to establish an authoritarian regime.

It is so because that the President who nominated him is himself embroiled in multiple civil proceedings as well as potential criminal charges. The latter are dependent on what Special Prosecutor Robert Muller uncovers in his investigation of the President and his campaign’s connection to Russian agents during and after the 2016 election. However, the number of guilty please, convictions, and indictments racked up by Muller are greater in a shorter time than any other special prosecutor, and they include some of the highest ranking and closest advisors to the President during and after the campaign. If the President can circumvent that and have his actions upheld by the Court it would be the end of the Republic and the other issues no matter how important would become moot because for the duration of his term the President would be above the law and it would take a two thirds majority of the Senate to convict him of crimes in an impeachment trial. Even if the Democrats gain a majority in the House and the Senate I cannot see 15 or 16 Republican Senators to join 51 or 52 Democrats voting to impeach.

Based on Judge Kavanaugh’s writings one has to wonder what he would do if moment of national crisis coincided with a civil trial, an indictment of the President, or his impeachment. That is a real concern, especially when the President talks about removing First Amendment protects from the press and frequently refers to his political opponents enemies of the people and proclaims that he is above the law. Would not the opinion of a Supreme Court Justice who has written that the President should at enjoy temporary exemption from civil suits or criminal prosecution while he is in office not endanger the Constitution and the Separation of Powers itself. That is certainly something that the Founders never intended, nor the authors of the 14th Amendment who actually ended up impeaching President Andrew Johnson for his dismissal of Secretary of War Edwin Stanton for not disregarding the authority of Congress in the matter of Reconstruction. Johnson’s actions were designed for him to use his power as Commander in Chief to ensure that the military did not comply with the laws of Congress.

The fact that the President has nominated a man who believes that a President should be above the law during his term in office is extremely troubling. If confirmed Kavanaugh may be the man who uses his position to end the Republic as we knew it by elevating the Executive to a level never intended by the Founders by judicial fiat. Senator Edward Kennedy rightly noted:

“The Supreme Court must serve as an independent check on abuses by the executive branch and the protector of our liberties, not a cheerleader for an imperial presidency.”

I am afraid that the elevation of Judge Kavanaugh to the Supreme Court along with Neil Gorsuch, Clarence Thomas, Samuel Alito, and Chief Justice John Roberts could well become that cheerleader for an imperial presidency that knows no restraint and disrespects justice. President Trump advocates on a daily basis for an authoritarian presidency that does not respect the law, the Constitution, or the civil rights of most Americans.

So until tomorrow,

Peace

Padre Steve+

 

 

 

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Resist the Beginning and Consider the End

 

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Friends of Padre Steve’s World,

Those who have followed my writings here know that I have been sounding the alarm about the Trump Presidency since well before he even became the GOP nominee last year. In fact on March 14th of last year I wrote of candidate Trump:

“I am afraid. Over the past few weeks violence has become commonplace at the campaign rallies of Donald Trump. In the past week a reporter from the Breitbart News service, an organization that is solidly behind Trump was assaulted by Trump’s campaign manager, and Breitbart threw her under the bus for him. Protesters have been assaulted, reporters threatened, Trump not only condones the actions, he encourages them, threatening to use the law and courts to ruin people’s lives, and offering to pay the legal bills of his supporters who have been charged with crimes. He labels any opponents as “bad people” who need to be punished. The ultimate cruelty is that though he is the one inciting the violence, he and his supporters blame that violence on the victims, be they Democrats or Republicans, protestors or media, pundits, politicians or preachers. He is creating a frenzy among his most violent supporters that demands victims to satiate their new found bloodlust…

If he succeeds in his takeover bid, it will forever change American politics, especially if he is able to ride the fear, and to the White House. I don’t think the latter will happen, but I would not exclude it from the realm of the possible…”

As President Donald Trump has not strayed a bit from the words, actions, and demeanor of candidate Trump. He still bullies and threatens his opponents and then whines about how “unfairly” he is being treated. He is following through on his promises to demolish the foundations of the American democracy even as he destroys long standing alliances and praises dictatorships just as he promised on the campaign trail.

This has surprised many people, including those who study presidential campaigns and presidencies for a living, who somehow despite his incredibly bad track record, his known propensity to lie, and his all-consuming narcissism, paranoia, and self-pity believed that he would become a different man once in office. That did not and will not happen because he has no capacity for self-reflection and suffers from an incredible absence of empathy and delusions about his greatness.

While I did not expect Trump to become President I always believed that it was possible and that if it happened it would fundamentally change the United States for the worse. Milton Mayer wrote of a German colleague during the 1950s that had lived through the Hitler years as an academic. The man tried to explain how changes were so gradual that people like him who should have known better did not take action, if they did at all until it was too late. The man asked Mayer:

“How is this to be avoided, among ordinary men, even highly educated ordinary men? Frankly, I do not know. I do not see, even now. Many, many times since it all happened I have pondered that pair of great maxims, Principiis obsta and Finem respice—‘Resist the beginnings’ and ‘Consider the end.’ But one must foresee the end in order to resist, or even see, the beginnings. One must foresee the end clearly and certainly and how is this to be done, by ordinary men or even by extraordinary men? Things might have. And everyone counts on that might.”

I have to say as I have said many times that I never wanted to be right about my intuition regarding a Trump Presidency, but with every passing day I see what I feared taking shape before my very eyes. I have tried to see though all the fog and deception and be true to the maxims that the German professor pondered as he examined his own guilt and shame for his inaction when resistance might have made a difference. “Principiis obsta and Finem respice—‘Resist the beginnings’ and ‘Consider the end.’”

In the course of this I have had to balance my learned feelings with reality and at every stage I have attempted to warn people while hoping for the best. I remember discussing the tension with a senior Navy officer who agreed with my concern that Trump is a danger and when it was appropriate for people to sound a warning; as he noted “we cannot yet see the end.”

There are many Trump opponents who are hoping that the vast amount of evidence connecting him and his closest advisers to Russia’s undermining of the 2016 elections will result in his impeachment. Others are hoping that some act of lunacy on his part will be enough to convince Vice President Pence and a majority of the cabinet to remove him from office through the process of the 25th Amendment.

However, I do not count on those happening soon enough to keep him from gaining complete control of the government using the pretext of war or terrorism to curtail civil liberties, political opposition, and Constitutional rights. Believe me I want more than anything to be wrong but I am sensing that this is where we are heading.

The President has called the Constitution “archaic” and suggested that it should be changed to grant the executive more power.  He has repeatedly acted to undermine the judiciary and turning Congress into nothing more than a compliant vassal. The structure would remain the same, but while the change would be striking most people wouldn’t notice until it was too late. Pastor Martin Niemoller wrote about this after World War Two:

First they came for the communists, and I did not speak out—because I was not a communist; Then they came for the socialists, and I did not speak out—because I was not a socialist; Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist; Then they came for the Jews, and I did not speak out—because I was not a Jew; Then they came for me—and there was no one left to speak out for me.

We are in a precarious situation and it would not take much for our nation to slide into a totalitarian dictatorship, and if the circumstance were right, if the crisis large enough, most people would probably surrender their freedom for the supposed security offered by a dictator. As Timothy Snyder wrote:

“The European history of the twentieth century shows us that societies can break, democracies can fall, ethics can collapse, and ordinary men can find themselves standing over death pits with guns in their hands. It would serve us well today to understand why.”

Until tomorrow,

Peace

Padre Steve+

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