Showing posts with label 25th Amendment. Show all posts
Showing posts with label 25th Amendment. Show all posts

Tuesday, October 29, 2019

Trump's Ludicrous Claim That Impeachment is Unconstitutional

At times it seems there is no limit to the lies and disinformation that Trump's cult followers and much of the GOP base will willingly swallow.  Just as they reject modern knowledge on a range of issues that varies from climate change to the immutability of sexual orientation, so too, they reject even a semblance of a knowledge of accurate history.  How else to explain their embrace of Trump's claim that impeachment is "unconstitutional" despite the fact that it derives directly from the provisions of the U. S. Constitution. As a column in the New York Times lays out, the same falsity applies to Trump's claim that his impeachment and removal from office would "reverse the 2016 election."  If Trump is removed, Mike Pence, a Republican, would rise to the office of president - unless, of course, Pence is shown to have engaged in "high crimes and misdemeanors" like Trump. The column looks at how we got to today's presidential elections and the dishonesty of Trump's claims - ditto for his bootlickers like Lindsey Graham. Here are column excerpts:

As House Democrats ramp up their impeachment investigation into President Trump, an increasingly vocal charge from the president’s supporters (and the White House) is that the House is attempting to “overturn” the results of the 2016 election.
The charge is that impeaching and removing an elected president is illegitimate because it is anti-democratic — because the person the voters (or, at least in this case, the Electoral College) chose ends up out of office. This argument is silly — impeachment is in the Constitution as a way of dealing with the abuse of executive power.
But to fully understand why the charge is ludicrous, it may help to go back 219 years — to the origins of a constitutional provision that receives virtually no attention in contemporary discourse, the 12th Amendment.
Congress responded with the 12th Amendment, proposed in December 1803 and ratified by the states, by the standards of constitutional amendments, practically overnight. That provision gave us the presidential elections we have today, in which electors cast one vote apiece for president and vice president. And so long as the current two-party system prevails, the 12th Amendment thereby all but guarantees that an elected vice president will be, if not from the same party as the elected president, at least the nominee of the same party.
[E]ven if the House ultimately impeaches Mr. Trump and the Senate removes him, the result would simply be to elevate to the presidency Mr. Trump’s own handpicked running mate, Vice President Mike Pence — who could then nominate his own vice president under the 25th Amendment.
Against that backdrop, it’s difficult to see how removing Mr. Trump would “overturn” the results of the election, since the same party that won would remain in control of the White House. But there’s a deeper and more important point here: The founders wrote the impeachment and removal power into the Constitution at a time when that wasn’t true — when there was no 12th Amendment, and so it was entirely possible that removing the president from office would hand power over to one of his rivals.
That’s exactly what would have happened, for instance, if the Democratic-Republicans had taken over Congress in the 1798 midterm elections instead of in 1800, and then removed Adams in favor of Jefferson. But even in the face of that possibility, the founders still gave the House the power to impeach and the Senate the power to remove — because it was more important that the legislature should have a check on the executive.
Checks and balances run in both directions. To that end, the Constitution’s drafters took away the vice president’s power to preside over presidential removal trials in the Senate (and gave it to the chief justice). And although a bare majority of the House has the power to impeach, the founders required a two-thirds vote of the Senate for removal — to ensure that a geographically representative supermajority agreed with the House’s determination that the president had engaged in misconduct that should disqualify him from office.
This is why impeachment and removal remain extraordinary remedies for extraordinary misconduct by the president of the United States. But the founders would have been appalled at the suggestion that such measures are illegitimate solely because their result would be that the president is no longer the president. If that didn’t faze them even when the result could have been to hand the presidency to the president’s rival, it certainly wouldn’t faze them today, when it would hand the presidency to the president’s own handpicked running mate.
Just as science is the enemy of today's GOP base, so too is an accurate knowledge of history and the nation's founding documents.  This deliberate embrace of ignorance sets the state for demagogues and would be authoritarians. 

Saturday, February 16, 2019

Why People Talk About Invoking the 25th Amendment


Watch Donald Trump's bizarre press conference declaring a bogus national emergency on the US/Mexico border and then watch old news reel footage of Hitler's unhinged ranting or Mussolini posturing and suddenly one realizes what the 25th Amendment was added to the U.S. Constitution. We have a mentally deranged individual in the White House which is the real national emergency facing the nation.  Everything else pales in comparison (national Democrats worried about ancient black face photos in Virginia need a serious reality check).  We face a clear and present danger that needs to be addressed immediately.

As for Trump's still loyal supporters, they are really no better than the ugliest elements of Hitler's base who were motivated by anti-Semiticism, hatred and bigotry, or greed over the money they thought they could make.  I truly do not know how otherwise sane Republicans cannot feel alarm as Trump increasingly shows he is not tethered to objective reality.  A column in the Washington Post looks at the bizarre spectacle that took place in the White House rose garden.  Here are highlights:  
There was no sign of alarm as administration officials and journalists assembled Friday in the Rose Garden under a perfect blue sky amid unseasonable warmth. Nor was there any sense of crisis conveyed by President Trump, scheduled to fly to his Mar-a-Lago resort later Friday.
His topic demanded utmost solemnity: The situation on the border is so dire, such a crisis, that he must invoke emergency powers to circumvent Congress, testing the boundary between constitutional democracy and autocracy. But with the nation watching, Trump instead delivered a bizarre, 47-minute variant of his campaign speech.
He boasted about the economy, military spending and the stock markets (“we have all the records”), and he applauded the Chinese president’s pledge to execute people who deal fentanyl (“one of the things I’m most excited about in our trade deal”). He said Japan’s prime minister had nominated him for the Nobel Peace Prize. He declared Ann Coulter “off the reservation” but praised his favorite Fox News hosts and celebrated Rush Limbaugh’s endurance . . . .
[H]e declared the “eradication of the caliphate” in Syria (his top general in the region begs to differ). He introduced his new attorney general, disparaged the Democrats’ “con game,” criticized retired House speaker Paul Ryan, invoked campaign promises, recited the “Make America Great Again” campaign slogan and pronounced his reelection prospects excellent. He pinged from regulations to Britain to MS-13 to “monstrous caravans” to an apocryphal story about women gagged with duct tape.
Oh, and he also mentioned his emergency declaration — specifically, that it isn’t necessary. “I didn’t need to do this,” he said in response to a question from NBC’s Peter Alexander. It’s just that the emergency declaration lets him build a border wall “faster.” He acknowledged that “I don’t know what to do with all the money” . . . Somewhere, administration lawyers were face-palming.
On Thursday came reports that former acting FBI director Andrew McCabe had confirmed that Justice Department officials discussed the possibility of removing Trump under the 25th Amendment for incapacity. The president then spent the next 30 hours showing exactly why some people think him incapacitated.
Prayers and frantic reassurance: This is how Republicans deal with an erratic president determined to defy an overwhelming bipartisan majority in Congress, take money from the military (the Pentagon’s uses for it “didn’t sound too important to me,” Trump said) and set a precedent for future presidents to declare emergencies for their pet projects.
When President Barack Obama attempted a less aggressive use of executive power in 2014, Republicans denounced him as a “tyrant” and “dictator,” . . . Trump seemed not to have heard such warnings as he ricocheted from topic to topic in the Rose Garden. He carried a speech to the lectern but mostly ignored it as he spun fantasies.
Evidence that most of the illegal drugs pass through legal border crossings? “It’s all a lie.”  CNN’s Jim Acosta pointed out that border crossings are near record lows and illegal immigrants are not disproportionately criminal.  “You’re fake news,” Trump replied.
Playboy’s Brian Karem asked Trump to “clarify where you get your numbers.” “Sit down,” Trump told him, declaring that “I use many stats.” Minutes later, he pumped a fist in the air and departed.
“What about the 25th Amendment?” Acosta called after him. Trump’s performance had already provided a compelling answer.
Trump is not mentally well - and neither are those who continue to support him (e.g., evangelical Christians) and/or make endless apologies. 

Sunday, December 30, 2018

Is Something Neurologically Wrong With Donald Trump?

Trump and Wilson: mentally incapacitated occupants of the White House?
Many mental health professionals believe Donald Trump suffers from mental illness - e.g., malignant narcissism disorder - including Virginia's governor who is a neurologist by profession.  A recent post , in fact, set out the attributes of this mental disorder all of which appear to apply to Trump in every detail.  But a very lengthy piece in The Atlantic suggests that Trump may have other mental health impairments and looks at the USA's shocking lack of any mandatory system to evaluate the mental health of a sitting occupant of the White House, something that is important in any would be application of the 25th Amendment as a means to protect the nation.  The issue is one of long standing and goes back 100 years to the presidency of Woodrow Wilson, who suffered a serious stroke which left he largely incapacitated and caused many to believe that his wife Edith came to function as almost de facto president.  A century later, we still have no method to determine a president's mental competence and Trump has brought the need for such a system back front and center.  Here are lengthy higligts from the article (read the entire piece): 

Donald Trump’s decision to brag in a tweet about the size of his “nuclear button” compared with North Korea’s was widely condemned as bellicose and reckless. The comments are also part of a larger pattern of odd and often alarming behavior for a person in the nation’s highest office.
Trump’s grandiosity and impulsivity have made him a constant subject of speculation among those concerned with his mental health. But after more than a year of talking to doctors and researchers about whether and how the cognitive sciences could offer a lens to explain Trump’s behavior, I’ve come to believe there should be a role for professional evaluation beyond speculating from afar.
I’m not alone. Viewers of Trump’s recent speeches have begun noticing minor abnormalities in his movements. In November, he used his free hand to steady a small Fiji bottle as he brought it to his mouth. Onlookers described the movement as “awkward” and made jokes about hand size.
Then, in December, speaking about his national-security plan in Washington, D.C., Trump reached under his podium and grabbed a glass with both hands. This time he kept them on the glass the entire time he drank, and as he put down the glass. This drew even more attention. The gesture was like that of an extremely cold person cradling a mug of cocoa. Some viewers likened Trump to a child just learning to handle a cup.
Then there was an incident of slurred speech. Announcing the relocation of the American embassy in Israel from Tel Aviv to Jerusalem—a dramatic foreign-policy move—Trump became difficult to understand at a phonetic level, which did little to reassure many observers of the soundness of his decision.
The neurosurgeon Sanjay Gupta described it as “clearly some abnormalities of his speech.” This sort of slurring could result from anything from a dry mouth to a displaced denture to an acute stroke.
Though these moments could be inconsequential, they call attention to the alarming absence of a system to evaluate elected officials’ fitness for office—to reassure concerned citizens that the “leader of the free world” is not cognitively impaired, and on a path of continuous decline.
Proposals for such a system have been made in the past, but never implemented. The job of the presidency is not what it used to be. For most of America’s history, it was not possible for the commander in chief to unilaterally destroy a continent, or the entire planet, with one quick decision.
Today even the country’s missileers—whose job is to sit in bunkers and await a signal—are tested three times per month on their ability to execute protocols. They are required to score at least 90 percent. Testing is not required for their commander in chief to be able to execute a protocol, much less testing to execute the sort of high-level decision that would set this process in motion.
The lack of a system to evaluate presidential fitness only stands to become more consequential as the average age of leaders increases. The Constitution sets finite lower limits on age but gives no hint of an upper limit.
After age 40, the brain decreases in volume by about 5 percent every decade. The most noticeable loss is in the frontal lobes. These control motor functioning of the sort that would direct a hand to a cup and a cup to the mouth in one fluid motion—in most cases, without even looking at the cup. These lobes also control much more important processes, from language to judgment to impulsivity.
An annual presidential physical exam at Walter Reed National Military Medical Center is customary, and Trump’s is set for January 12. But the utility of a standard physical exam—knowing a president’s blood pressure and weight and the like—is meager compared with the value of comprehensive neurological, psychological, and psychiatric evaluations. These are not part of a standard physical.
Even if they were voluntarily undertaken, there would be no requirement to disclose the results. A president could be actively hallucinating, threatening to launch a nuclear attack based on intelligence he had just obtained from David Bowie, and the medical community could be relegated to speculation from afar.
With declining support for fact-based discourse and trust in expert assessments, would there be any way of convincing Americans that these doctors weren’t simply lying, treasonous “liberals”—globalist snowflakes who got triggered?
The downplaying of a president’s compromised neurological status would not be without precedent. Franklin Delano Roosevelt famously disguised his paralysis from polio to avoid appearing “weak or helpless.” He staged public appearances to give the impression that he could walk . . . .
Unfortunately, the public medical record available to assuage global concerns about the current president’s neurological status is the attestation of Harold Bornstein, America’s most famous Upper Manhattan gastroenterologist, whose initial doctor’s note described the 71-year-old Trump as “the healthiest individual ever elected to the presidency.”  The phrasing was so peculiar for a medical record that some suggested that Trump had written or dictated the letter himself.
The frontal lobes also control speech, and over the years, Donald Trump’s fluency has regressed, and his vocabulary contracted. In May of last year, the journalist Sharon Begley at Stat analyzed changes in his speech patterns during interviews over the years. . . . He also more frequently finished sentences and thoughts.
Ben Michaelis, a psychologist who analyzes speech as part of cognitive assessments in court cases, told Begley that although some decline in cognitive functioning would be expected, Trump has exhibited a “clear reduction in linguistic sophistication over time” with “simpler word choices and sentence structure.”
[T]hough it is not possible to diagnose a person with dementia based on speech patterns alone, these are the sorts of changes that appear in early stages of Alzheimer’s. Trump has likened himself to Ronald Reagan, and the changes in Trump’s speech evoke those seen in the late president. Reagan announced his Alzheimer’s diagnosis in 1994, but there was evidence of linguistic change over the course of his presidency that experts have argued was indicative of early decline.
[A]fter Reagan’s diagnosis, former President Jimmy Carter sounded an alarm over the lack of a system to detect this sort of cognitive impairment earlier on. “Many people have called to my attention the continuing danger to our nation from the possibility of a U.S. president becoming disabled, particularly by a neurologic illness,” Carter wrote in 1994 in the Journal of the American Medical Association. “The great weakness of the Twenty-Fifth Amendment is its provision for determining disability in the event that the president is unable or unwilling to certify to impairment or disability.” 
[I]t generally assumed that the president would be willing to undergo diagnostic testing and be forthcoming about any limitations.  This might not happen with a person who has come to be known for denying any hint of weakness or inability. Nor would it happen if a president had a psychiatric disorder that impaired judgment—especially if it was one defined by grandiosity, obsession with status, and intense aversion to being perceived as weak.
It was for these reasons that in 1994, Carter called for a system that could independently evaluate a president’s health and capacity to serve. At many companies, even where no missiles are involved, entry-level jobs require a physical exam. A president, it would follow, should be more rigorously cleared. Carter called on “the medical community” to take leadership in creating an objective, minimally biased process—to “awaken the public and political leaders of our nation to the importance of this problem.”
[Q]uestions and concern around Trump’s psychiatric status have spurred proposals anew. In December, also in the Journal of the American Medical Association, mental-health professionals proposed a seven-member expert panel “to evaluate presidential fitness.” Last April, Representative Jamie Raskin introduced a bill that would create an 11-member “presidential capacity” commission.
The real-world application of one of these systems is complicated by the fact that the frontal lobes also control things like judgment, problem-solving, and impulse control. These metrics, which fall under the purview of psychiatrists and clinical psychologists, can be dismissed as opinion. In a hospital or doctor’s office, a neurologist may describe a patient with Parkinson’s disease as having “impaired impulse control.” The National Institute on Aging lists among the symptoms of Alzheimer’s “poor judgment leading to bad decisions.”
[T]housands of mental-health professionals have mobilized and signed petitions attesting to Trump’s unfitness to hold office. Some believe Trump should carry a label of narcissistic personality disorder, antisocial personality disorder, or both. The largest such petition has more than 68,000 signatures—though there is no vetting of the signatories’ credentials. Its author, the psychologist John Gartner, told me last year that in his 35 years of practicing and teaching, “this is absolutely the worst case of malignant narcissism I’ve ever seen.”
A presidential-fitness committee—of the sort that Carter and others propose, consisting of nonpartisan medical and psychological experts—could exist in a capacity similar to the Congressional Budget Office. It could regularly assess the president’s neurological status and give a battery of cognitive tests to assess judgment, recall, decision making, attention—the sorts of tests that might help a school system assess whether a child is suited to a particular grade level or classroom—and make the results available.
That math and polling can be ignored or disputed, or the CBO can be attacked as a secretly subversive entity, but at least some attempt at a transparent analysis is made. The same cannot be said of the president’s cognitive processes. We are left only with the shouts of experts from the sidelines, demeaning the profession and the presidency.



Friday, September 07, 2018

A Constitutional Crisis: A Superpower Run by a Lying Simpleton


While Democrats have taken the lead in the resistance to the misrule of the Trump/Pence regime as Congressional Republicans have become co-conspirators with regime efforts to subvert the rule of law, a small cadre of former Republicans continue to raise their voices denouncing the crisis the country faces because of the foul occupant of the White House.  In a piece in the Washington Post, Michael Gerson, a former Bush White House official, laments the idiocy of Der Trumpenführer, while David Frum, a one time Republican stalwart, looks at the constitutional the growing crisis in a piece in The Atlantic.  First, excerpts from Gerson's column:

One of the major problems with President Trump’s impulsivity is its utter predictability.
A recent op-ed in the New York Times by an anonymous administration official accused the president of impetuous, reckless rants, and Trump responded with impetuous, reckless rants (“TREASON?”). Bob Woodward’s new book “Fear” recounts a private “nervous breakdown” in the administration and Trump responded with a public nervous breakdown — accusing Woodward of being a “Dem operative” and raising a possible change in the libel laws. Amid this crisis, North Korean leader Kim Jong Un expressed his “unwavering faith in President Trump,” and the president reacted just as the North Korean leader surely knew he would — touting the positive opinion of a homicidal despot on Twitter as a character reference.
[Trump’s] form of deception is qualitatively different from the deviousness of Richard M. Nixon or the smoothness of Bill Clinton. Trump pursues no deep or subtle strategies. He does not even consistently seek his own interests. He responds like a child or a narcissist — but I repeat myself — to positive or negative stimulation. It is the reason a discussion on “Fox & Friends” can so often set the agenda of the president. It is the reason that Trump’s lawyers, in the end, can’t allow him to be interviewed by special counsel Robert S. Mueller III. It would be like a 9-year-old defending a PhD dissertation. Or maybe a rabbit jumping into a buzz saw.
Here is the increasingly evident reality of the Trump era: We are a superpower run by a simpleton. From a foreign policy perspective, this is far worse than being run by a skilled liar. It is an invitation to manipulation and contempt.
What we are finding from books, from insider leaks and from investigative journalism is that the rational actors who are closest to [Trump] the president are frightened by his chaotic leadership style. They describe a total lack of intellectual curiosity, mental discipline and impulse control.
The testimony of the tell-alls is remarkably consistent. Some around Trump are completely corrupted by the access to power. But others — who might have served in any Republican administration — spend much of their time preventing [Trump] the president from doing stupid and dangerous things.


Frum's piece is no kinder to the foul excuse for a human being occupying the White House as these excerpts show:
If the president’s closest advisers believe that he is morally and intellectually unfit for his high office, they have a duty to do their utmost to remove him from it, by the lawful means at hand. That duty may be risky to their careers in government or afterward. But on their first day at work, they swore an oath to defend the Constitution—and there were no “riskiness” exemptions in the text of that oath.
On Wednesday, though, a “senior official in the Trump administration” published an anonymous op-ed in The New York Times, writing:
Many of the senior officials in his own administration are working diligently from within to frustrate parts of his agenda and his worst inclinations.  I would know. I am one of them.
The author of the anonymous op-ed is hoping to vindicate the reputation of like-minded senior Trump staffers. See, we only look complicit! Actually, we’re the real heroes of the story.
But what the author has just done is throw the government of the United States into even more dangerous turmoil. He or she has enflamed the paranoia of the president and empowered the president’s willfulness.
He’ll grow more defiant, more reckless, more anti-constitutional, and more dangerous.
And those who do not quit or are not fired in the next few days will have to work even more assiduously to prove themselves loyal, obedient, and on the team. Things will be worse after this article. They will be worse because of this article.
The new Bob Woodward book set the bad precedent. . . . .What would be better?
Speak in your own name. Resign in a way that will count. Present the evidence that will justify an invocation of the Twenty-Fifth Amendment, or an impeachment, or at the very least, the first necessary step toward either outcome, a Democratic Congress after the November elections.
Your service in government is valuable. Thank you for it. But it is not so indispensable that it can compensate for the continuing tenure of a president you believe to be amoral, untruthful, irrational, antidemocratic, unpatriotic, and dangerous. Previous generations of Americans have sacrificed fortunes, health, and lives to serve the country. You are asked only to tell the truth aloud and with your name attached.
Be very very afraid.  Slowly but steadily we are witnessing a worsening situation.  Now it is easy to understand why at times the Praetorian Guard during the Roman Empire took it upon itself to remove the emperor.  At some point, they no doubt thought that the good of the nation must come first.

Thursday, January 11, 2018

Trump Has Moved a Step Closer to Implosion


Amazon emailed me to confirm that I will receive my copy of "Fire & Fury" tomorrow, just in time for take it to Richmond as the husband and I head to Richmond for the inauguration of the Democrat slate that won in November and symbolize the rejection of Donald Trump and Trumpism by a majority of Virginians. As a political junkie and blogger, I may find fewer surprises in the book than some, but nonetheless, it should make for some entertaining reading provided that one can put aside the frightening reality that, in my opinion, a madman inhabits the White House. As a piece in New York Magazine notes, the book may not trigger Trump's downfall, but the expose it comprises has heightened the realization of more Americans that he is unfit for office even as he attacks the free press and libel laws that make public figures open to being the target of editorials and the like unless demonstrably factually false (if Trump doesn't want to be the target of many in the media, he should ceased his self-promotion years ago and never run for public office).  Most importantly, the book may push Trump towards thinking twice before a 2020 run.  Here are highlights:
Is there a chance in hell that this book will at long last be the catalyst for Trump’s demise? After all the other turning points that failed to fell Trump, from his ridicule of John McCain’s war record to the Access Hollywood tape to his pat on the head for neo-Nazis in Charlottesville, it would be foolhardy to say it will. But it may be a not-insignificant step on this president’s path to implosion.
First, it’s important to know what Fire and Fury will not accomplish.
It is not going to shake the loyalty of a single member of the Trump base, which, like it or not, accounts for roughly a third of Americans and the overwhelming majority of one of the nation’s two major political parties. Nor is it going to spur a revolt among Republicans in Congress. . . . It remains a liberal wet dream that a GOP-controlled Congress would impeach Trump, or that members of his Cabinet would invoke the 25th Amendment to yank him out of the White House. (The notion of Ben Carson standing in judgment on anyone’s mental health may be clinically insane in its own right.)
The only way Trump leaves office absent a Democratic sweep in the 2018 midterms is if he does so of his own volition: poisoning himself with his binges of Big Macs and Diet Coke; making a deal to head off pending indictments of himself, his son, or son-in-law; or breaking down mentally to the point where he is so unhappy, angry, and unmoored that he’d rather declare victory and take his marbles home to Mar-a-Lago. Fire and Fury has moved the latter process along. . . . it suggests that Wolff has quite successfully gaslighted him.
Let me add one other point I never thought I’d make: a modest defense of Michael Wolff. I am one of many journalists who have been the target of insults and scurrilous speculation in a Wolff piece at some point or another. It’s entirely consistent with his career that he’s gotten some things wrong in this book. But not that many things wrong, and not the big things; the book confirms what many others have reported about this White House . . .
Wolff’s re-creations of scenes are no more or less plausible than Woodward’s, and Wolff should not be faulted for favoring direct editorialization over Woodward’s technique of encoding his judgments in subtext. People are reading and buying Fire and Fury because the story rings true. It would also be highly entertaining, as pure and utter farce, if only the fate of America and perhaps the world were not at stake.
The sudden fall of Steve Bannon has been entertaining in its own way, but in terms of the political equation in America right now it will have zero effect. Bannon didn’t create the angry Trump base and its signature cause of white nationalism. It grew out of Sarah Palin’s incendiary campaign on the 2008 GOP ticket and the tea-party insurrection, violent reactions to the prospect and then the reality of America’s first African-American president.
No sooner had Bannon stepped down, after all, than Joe Arpaio, as grotesque a representative of Trumpism as Roy Moore, announced his candidacy for the Senate seat being vacated by the retiring anti-Trump conservative Jeff Flake, in Arizona. Arpaio and his followers could care less about Bannon or who is running Breitbart.
If anything, Bannon’s absence may leave Trump more vulnerable to the rages of his base. As long as the two were seemingly in touch — as they continued to be after Bannon was ousted from the White House — the crazies could assume they were being heard in the Oval Office. No more. . . . . Be assured the base’s abuse of the White House’s so-called “liberal Dems” (an interesting way to categorize a list of names transparently scapegoated for their Jewishness, not their liberalism) has only just begun.
 One can only hope that the circular firing squad in the White House intensifies.

Wednesday, December 27, 2017

Will 2018 Be the End of the Trump Presidency?


As 2017 comes to an end, the usual predictions for the coming year are being made.  One issue that bookies are still taking wagers on is whether 2018 will see the end of the presidency of Donald Trump.  As much as I detest Trump - and Pence as well - and as much as I would be thrilled to see him exit the White House, as a piece in Vanity Fair lays out, 2018 will likely not see that dream realized.  As for 2019, the results of the 2018 midterm elections could shift things should the Democrats sweep and regain control of the House of Representatives and the Senate.  Until we know that result, prognostications for 2019 would be premature.   Here are article highlights:
At this point, London bookies still think it’s likelier than not that Trump will exit before his first term is over, something no president has done while still alive. So it’s time to revisit the betting terrain and prognosticate for the coming year.
Will Donald Trump be impeached in 2018?  Mighty, mighty unlikely. If you don’t stand to multiply your investment by 20, I’d skip the bet. Impeachment is a political act, and the Republican majority will remain in place through 2018. If the investigations into collusion with Russia were yielding anything seriously damning (and if journalistic blunders on the subject weren’t outpacing scoops), it’d be different. As things stand, however, special counsel Robert Mueller seems to have found little in the way of collusion—at least that we know of—and instead shifted his focus to the obstruction of justice.
Obstruction of justice is a significant crime in itself, of course, but people are more willing to punish it if it’s part of the concealment of a bigger crime rather than the sum of the crime. As people are starting to notice, independent counsel investigations have a tendency to start by focusing on one thing and then indicting people for something else, after the process itself has made them trip over their own feet. Republicans are not going to join a pile-on over what role Donald Trump played in the false statements that former national security adviser Michael Flynn made to the F.B.I. Even Democrats are likely to flinch from impeachment talk, recalling what happened during the Clinton years.  In sum, make sure you get a big return on any Trump-impeachment bets.
Will Donald Trump be removed by the 25th Amendment?  Again—very, very unlikely. To remind readers, the 25th Amendment to the U.S. Constitution lays out an elaborate palace-coup process with which to depose a sitting president. Such an ouster is arguably even harder to pull off than impeachment, except in cases of obvious emergency. Unless Trump interrupts a state visit to tear off all his clothes and run down Pennsylvania Avenue in winter, the palace coup won’t happen.
Will Trump resign in 2018?  Still very unlikely. To be fair, the odds of resignation are slightly better than those of impeachment or of a 25th Amendment palace coup. It requires only one powerful man, Donald Trump, to sign on. . . . . The odds of this happening with Trump, however, are mighty low. Donald Trump, while thin-skinned and incapable of rising above provocation, is indefatigable as a fighter, reminiscent of Clinton, Nixon, and other presidents in his resilience. Resignation would wound his pride too severely, because there’s no face-saving way to do it.
Will the Democrats sweep the midterms? Yes and no. They’ll do great in the House. Sean Trende of Real Clear Politics predicts a 40-seat gain, which would give Democrats a handy majority. Midterm elections have favored the incumbent president’s party only twice in the past 60 years—the first in 1998, when Republicans pushed to impeach Bill Clinton, the second in 2002, when Americans were rallying after 9/11. Trump has poor approval ratings, and there are many vulnerable House Republicans.  Flipping the Senate, though, is a lot harder.
Will Trump destroy much of life on earth?  Trump could go to war with Iran. As the fiercely anti-war Pat Buchanan has warned, U.N. ambassador Nikki Haley seems to be helping Trump to lay the groundwork for it. That would destroy Trump’s presidency, kill countless Iranians, and hasten the collapse of the United States as a great power. A bad outcome, to be sure. But it probably wouldn’t end in nuclear fire or mass civilian death in the United States.
As for North Korea, we may, ironically, be safer now that its nuclear program is nearly complete. It reduces Trump’s temptation to attack the country pre-emptively.

Wednesday, December 06, 2017

Will Mike Pence Betray Trump to Advance Himself?


For the record, I see Mike Pence as a dangerous opportunist who likes to wrap himself in the cloak of religiosity.  Yes, he is by all accounts a evangelical Christian extremists, but he has one thing more important to him than his processed religious belief: advancing himself and securing power - especially the presidency.  A very lengthy piece in The Atlantic looks not only at Pence but also his short lived effort in the immediate wake of the release of the Access Hollywood tape to stage a coup and replace Trump as the presidential nominee.  With Trump's approval levels hovering in the mid 30th percentile, his proposal to move the U.S. embassy to Israel to Jerusalem, and Trump's tweet storms increasing the risk of nuclear war with North Korea, one has to wonder when Pence may feel emboldened to push for a 25th Amendment move to remove Trump from the presidency.  While, Pence and the falsely styled "religious right" are plummeting in popularity along with Trump, one has to wonder when Pence's ambition will get the better of him.  Of course, all of this could be changed radically by Pence's numerous lies about the Trump campaign and transition team's communications with Russian operative.  Here are highlights:
No man can serve two masters, the Bible teaches, but Mike Pence is giving it his all. It’s a sweltering September afternoon in Anderson, Indiana, and the vice president has returned to his home state to deliver the Good News of the Republicans’ recently unveiled tax plan. The visit is a big deal for Anderson, a fading manufacturing hub about 20 miles outside Muncie that hasn’t hosted a sitting president or vice president in 65 years . . .

When the time comes, Pence takes the stage and greets the crowd with a booming “Hellooooo, Indiana!” He says he has “just hung up the phone” with Donald Trump and that the president asked him to “say hello.” He delivers this message with a slight chuckle that has a certain, almost subversive quality to it. . . . . It’s almost as if, in that brief, barely perceptible moment, Pence is sending a message to those with ears to hear—that he recognizes the absurdity of his situation; that he knows just what sort of man he’s working for; that while things may look bad now, there is a grand purpose at work here, a plan that will manifest itself in due time. Let not your hearts be troubled, he seems to be saying. I’ve got this.
As he nears the end of his remarks, his happy-warrior buoyancy gives way to a more sober cadence. “We’ve come to a pivotal moment in the life of this country,” Pence soulfully intones. “It’s a good time to pray for America.” His voice rising in righteous fervor, the vice president promises an opening of the heavens. “If His people who are called by His name will humble themselves and pray,” he proclaims, “He’ll hear from heaven, and He’ll heal this land!”
It’s easy to see how Pence could put so much faith in the possibilities of divine intervention. The very fact that he is standing behind a lectern bearing the vice-presidential seal is, one could argue, a loaves-and-fishes-level miracle. Just a year earlier, he was an embattled small-state governor with underwater approval ratings, dismal reelection prospects, and a national reputation in tatters. In many ways, Pence was on the same doomed trajectory as the conservative-Christian movement he’d long championed—once a political force to be reckoned with, now a battered relic of the culture wars. . . . But after eight years of Barack Obama and a string of disorienting political defeats, conservative Christians were in retreat and out of options. So they placed their faith in Trump—and then, incredibly, he won.
In Pence, Trump has found an obedient deputy whose willingness to suffer indignity and humiliation at the pleasure of the president appears boundless.
Meanwhile, Pence’s presence in the White House has been a boon for the religious right. Evangelical leaders across the country point to his record on abortion and religious freedom and liken him to a prophet restoring conservative Christianity to its rightful place at the center of American life.
But what does Pence make of his own improbable rise to the vice presidency, and how does he reconcile his faith with serving a man like Trump? Over the past several months, I’ve spoken with dozens of people who have known the vice president throughout his life—from college fraternity brothers and longtime friends to trusted advisers and political foes. . . . . for all his aw-shucks modesty, Pence is a man who believes heaven and Earth have conspired to place him a heartbeat—or an impeachment vote—away from the presidency. At some crucial juncture in the not-too-distant future, that could make him a threat to Trump.
For all Pence’s outward piousness, he’s kept the details of his spiritual journey opaque. Despite his conversion to evangelical Christianity in college, he married his wife, Karen, in a Catholic ceremony and until the mid‑’90s periodically referred to himself as an “evangelical Catholic.” That formulation might befuddle theologians, but it reveals the extraordinary degree to which Pence’s personal religious evolution paralleled the rise of the religious right.
To his colleagues on Capitol Hill—an overwhelmingly secular place where even many Republicans privately sneer at people of faith—everything about the Indiana congressman screamed “Bible thumper.” He was known to pray with his staffers, and often cited scripture to explain his votes.
Pence didn’t have a reputation for legislative acumen (“I would not call Mike a policy wonk,” one former staffer told the Indianapolis Monthly), and some of his colleagues called him a nickname behind his back: “Mike Dense.” But he did have sharp political instincts. Before long, he was climbing the leadership ranks and making connections with key figures in the conservative-Christian establishment. The New Yorker’s Jane Mayer has documented Pence’s close ties to the Koch brothers and other GOP mega-donors, but his roots in the religious right are even deeper.
[I]in early 2015, Pence stumbled into a culture-war debacle that would come to define his governorship. At the urging of conservative-Christian leaders in Indiana, the GOP-controlled state legislature passed a bill that would have allowed religious business owners to deny services to gay customers in certain circumstances. Pence signed it into law in a closed-press ceremony at the statehouse, surrounded by nuns, monks, and right-wing lobbyists. A photo of the signing was released, and all hell broke loose. Corporate leaders threatened to stop adding jobs in Indiana, and national organizations began pulling scheduled conventions from the state. The NCAA, which is headquartered in Indianapolis, put out a statement suggesting that the law might imperil “future events.” The Indianapolis Star ran a rare front-page editorial under an all-caps headline: “FIX THIS NOW.”
To many Christians, the backlash against Indiana’s “religious freedom” bill was a frightening sign of the secular left’s triumphalism. Liberals were no longer working toward tolerance, it seemed—they were out for conquest. “Many evangelicals were experiencing the sense of an almost existential threat,” Russell Moore, a leader of the Southern Baptist Convention, told me. It was only a matter of time, he said, before cultural elites’ scornful attitudes would help drive Christians into the arms of a strongman like Trump.
After seven chaotic days, Pence caved and signed a revised version of the religious-freedom bill—but by then it was too late. His approval ratings were in free fall, Democrats were raising money to defeat him in the next gubernatorial election, and the political obituaries were being written. Things looked grimmer for Pence, and the religious right, than they ever had before.
Deliverance manifested itself to Mike Pence on the back nine of Donald Trump’s golf course in New Jersey. . . . True to form, Pence spent much of their time on the course kissing Trump’s ring. You’re going to be the next president of the United States, he said. It would be the honor of a lifetime to serve you. Afterward, he made a point of gushing to the press about Trump’s golf game. “He beat me like a drum,” Pence confessed, to Trump’s delight.
The consensus among the campaign’s top political strategists was that a Trump–Pence ticket was their best shot at winning in November. After a bitter primary season, Trump’s campaign had moved swiftly to shore up support from conservative Christians, who advisers worried would stay home on Election Day.
Even some of Trump’s most devoted loyalists marveled at what Pence was willing to say. There was no talking point too preposterous, no fixed reality too plain to deny—if they needed Pence to defend the boss, he was in.
On Friday, October 7, 2016, The Washington Post published the Access Hollywood tape that showed Trump gloating about his penchant for grabbing women “by the pussy,” and instantly upended the campaign. Republicans across the country withdrew their endorsements, and conservative editorial boards called on Trump to drop out of the race. Most alarming to the aides and operatives inside Trump Tower, Mike Pence suddenly seemed at risk of going rogue.  Trump’s phone calls to his running mate reportedly went unreturned, and anonymous quotes began appearing in news stories describing Pence as “beside himself” over the revelation.
It’s been reported that Pence sent Trump a letter saying he needed time to decide whether he could stay with the campaign. But in fact, according to several Republicans familiar with the situation, he wasn’t just thinking about dropping out—he was contemplating a coup. Within hours of The Post’s bombshell, Pence made it clear to the Republican National Committee that he was ready to take Trump’s place as the party’s nominee. Such a move just four weeks before Election Day would have been unprecedented—but the situation seemed dire enough to call for radical action.
The furtive plotting, several sources told me, was not just an act of political opportunism for Pence. He was genuinely shocked by the Access Hollywood tape. . . . . The couple was appalled by the video, however. Karen in particular was “disgusted,” says a former campaign aide. “She finds him reprehensible—just totally vile.”
Of course, Pence is far from the only conservative Christian to be accused of having sold his soul. Trump’s early evangelical supporters were a motley crew of televangelists and prosperity preachers, and they have been rewarded with outsize influence in the White House.
But the president has also enjoyed overwhelming support from rank-and-file conservative Christians. He won an astonishing 81 percent of white evangelicals’ votes, more than any Republican presidential candidate on record. And while his national approval rating hovers below 40 percent, poll after poll finds his approval rating among white evangelicals in the high 60s.
On one side, there are those who argue that good Christians are obligated to support any leader, no matter how personally wicked he may be, who stands up for religious freedom and fights sinful practices such as abortion. . . . On the other side of the debate is a smaller group that believes the Christians allying themselves with Trump are putting the entire evangelical movement at risk. . . . . “This is really a sea change in evangelical ethics,” Robert P. Jones, the head of the institute and the author of The End of White Christian America, told me. “They have moved to an ends-justifies-the means style of politics that would have been unimaginable before this last campaign.”
But even as the debate rages on, there is one thing virtually all conservative Christians seem to agree on: Mike Pence.
The religious right began reaping the rewards of Trump’s victory almost immediately, when the president-elect put Pence in charge of the transition. Given wide latitude on staffing decisions, Pence promptly set about filling the federal government with like-minded allies. Of the 15 Cabinet secretaries Trump picked at the start of his presidency, eight were evangelicals. It was, gushed Ted Cruz, “the most conservative Cabinet in decades.” Pence also reportedly played a key role in getting Neil Gorsuch nominated to the Supreme Court.
Pence understood the price of his influence. To keep Trump’s ear required frequent public performances of loyalty and submission—and Pence made certain his inner circle knew that enduring such indignities was part of the job.
In an embattled White House, the question of the vice president’s ambition for higher office is radioactive. When The New York Times reported last summer that Pence appeared to be laying the groundwork for a 2020 presidential bid, he denied the “disgraceful and offensive” story with theatrical force. But Pence has shown that his next move is never far from his mind—and he’s hardly the only one weighing the possibilities. One senior GOP Senate aide told me that pundits miss the point when they speculate about what kind of scandal it would take for the president to face a serious defection from lawmakers of his own party. “It’s not a matter of when Republicans are ready to turn on Trump,” the aide said. “It’s about when they decide they’re ready for President Pence.”
What would a Pence presidency look like? To a conservative evangelical, it could mean a glorious return to the Christian values upon which America was founded. To a secular liberal, it might look more like a descent into the dystopia of The Handmaid’s Tale. Already, in some quarters on the left, it has become fashionable to fret that Pence’s fundamentalist faith and comparative political savvy would make him an even more “dangerous” president than Trump. He has been branded a “theocrat” and a “Christian supremacist.”
What critics should worry about is not that Pence believes in God, but that he seems so certain God believes in him. What happens when manifest destiny replaces humility, and the line between faith and hubris blurs? What unseemly compromises get made? What means become tolerable in pursuit of an end?
Trump and Pence are both extremely dangerous.  Both need to be removed from office as soon as possible. 

Friday, December 01, 2017

The Case for Impeachment


As regular readers know very well, I viewed Donald Trump as unfit for office and a downright danger to the nation and the world long before the election results of November 8, 2016, and the subsequent failure of the Electoral College to act in the manner envisioned by the Founding Fathers when it certified Trump's election win.   Sadly, many Americans, in my opinion, allowed themselves to be swayed by their racism, religious extremism, greed, and other forms of misogyny to see Trump for what he is - and has been throughout his public life.  Now, the nation and world find themselves with a dangerous - in my view - lunatic in the White House.  One can hope that the Mueller investigation takes Trump down (and Pence too), but if that fails, a piece in Vox looks at  why impeachment still could be a viable solution to the toxic cancer in the White House.  Here are article excerpts:
I recent months, I have grown obsessed with a seemingly simple question: Does the American political system have a remedy if we elect the wrong person to be president? There are clear answers if we elect a criminal, or if the president falls into a coma. But what if we just make a hiring mistake, as companies do all the time? What if we elect someone who proves himself or herself unfit for office — impulsive, conspiratorial, undisciplined, destructive, cruel?
My fixation on this question began with President Donald Trump’s tweets to North Korea’s Kim Jong Un. This was the president of the United States, the man who controls the world’s largest nuclear arsenal, launching deranged, unvetted provocations at the most singularly irrational regime in the world. . . . . The rest of the Trump administration was trying to ratchet down tensions with North Korea. But the president himself was undermining the effort. . .
Republican Sen. Bob Corker, the widely respected chair of the Foreign Relations Committee, warned that the president was treating his office like “a reality show” and setting the country “on the path to World War III.” In an interview with the New York Times, he said of Trump, “I know for a fact that every single day at the White House, it’s a situation of trying to contain him.” These concerns, Corker told the Times, “were shared by nearly every Senate Republican.”
It’s not just Senate Republicans who worry over the president’s stability. Carl Bernstein, of Watergate fame, told CNN that his reporting found “a consensus developing in the military, at the highest levels in the intelligence community, among Republicans in Congress, including the leaders in the business community,” that Trump “is unfit to be the president of the United States.” A subsequent poll by the Military Times found only 30 percent of commissioned officers approved of the job Trump was doing.
The fear is shared by members of Trump’s own staff. Axios’s Mike Allen reported that a collection of top White House advisers see themselves as an informal “Committee to Save America,” . . . . Their concerns echo across the broader public. A September Quinnipiac poll found that 56 percent of voters believe Trump is unfit for office. Of late, I have been asking Republicans who work either in the White House or closely with it whether Trump is learning on the job — whether he is becoming more judicious, more disciplined, more serious. The answer, unanimously, is that he is not. Of late, Trump has taken to suggesting the Access Hollywood tape — where he is clearly shown bragging about sexual assault — is a fraud. These are statements, notably, that Trump can not only be seen making, and heard making, but statements he has admitted making. As is often the case, it is unclear whether Trump is lying to us, or if he is somehow lying to himself, as well. And it is hard to say which would be scarier.
We talk often about running the US government like a business, but businesses — at least public ones — have clear methods for deposing a disastrous executive. The president of the United States controls the world’s largest nuclear arsenal, not to mention the vast resources and powers of the federal government, and so the possible damage of letting the wrong person inhabit the Oval Office stretches all the way to global catastrophe. But is there anything we can do about it?
A number of House Democrats have introduced bills that point toward Trump’s removal. Rep. Brad Sherman, a California Democrat, introduced articles of impeachment built around Trump’s possible violations of the law. Rep. Zoe Lofgren, also a California Democrat, introduced a resolution calling for Trump to receive medical evaluation to uncover whether he is capable of carrying out the duties of his office — if not, the Cabinet could invoke the 25th Amendment and remove him.
But what if Trump isn’t a criminal or mentally incompetent? What if he’s exactly the man we saw in the election and that man just shouldn’t be president? What if America simply made a mistake?
Sometimes I imagine this era going catastrophically wrong — a nuclear exchange with North Korea, perhaps, or a genuine crisis in American democracy — and historians writing about it in the future. They will go back and read Trump’s tweets and his words and read what we were saying, and they will wonder what the hell was wrong with us. You knew, they’ll say. You knew everything you needed to know to stop this. And what will we say in response? The first federal official ever removed from office under Article II, Section 4 of the Constitution — the impeachment clause — was Judge John Pickering, in 1803. Pickering was an alcoholic and likely suffered from early-stage dementia. He would rant and rave from the bench. The official charges held that Pickering exhibited “loose morals and intemperate habits,” neither of which sounds like a high crime or misdemeanor to modern ears. He was convicted on all counts and removed from office. Another way of looking at Pickering’s removal is that it shows the founding generation defining what the impeachment power was for, and what high crimes and misdemeanors meant. In his 1833 Commentaries, Supreme Court Justice Joseph Story concluded that impeachment is “of a political character” and can be triggered by “gross neglect, or usurpation, or habitual disregard of the public interests, in the discharge of the duties of political office.”
The Constitution’s framers considered a few variants of the impeachment power. An early proposal would have restricted it to acts of “treason and bribery” only. That was rejected for being too narrow. A subsequent proposal would have expanded it to acts of “maladministration” as well. That was rejected for being too broad. “High crimes and misdemeanors” was the compromise, but it was never clearly defined.
What is clear is that high crimes and misdemeanors described far more than mere legal infractions. In The Federalist Papers, Alexander Hamilton wrote that questions of impeachment will “proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.” “The grounds for impeachment can be extremely broad and need not involve a crime,” says political scientist Allan Lichtman, author of The Case for Impeachment. “That’s why they put impeachment not in the courts but in a political body. They could have put it in the Supreme Court, but they put it in the Senate.” In the course of reporting this piece, I spoke to a slew of legal scholars and impeachment specialists. Here is my conclusion: There is no actual definition of “high crimes and misdemeanors.” There is wide agreement that it describes more than violations of the criminal code, but very little agreement beyond that. When is the “misconduct of public men” impeachable? When does a tweetstorm rise to the level of “egregious violation of the public trust”?
On May 16, Ross Douthat, a conservative columnist at the New York Times, wrote a searing column arguing for President Trump’s removal from office. “From the perspective of the Republican leadership’s duty to their country, and indeed to the world that our imperium bestrides, leaving a man this witless and unmastered in an office with these powers and responsibilities is an act of gross negligence, which no objective on the near-term political horizon seems remotely significant enough to justify,” he wrote.
Douthat’s preference was to bypass impeachment entirely and invoke the 25th Amendment to the Constitution. That amendment, which permits the president’s removal if the vice president and a majority of the Cabinet certify him “unable to discharge the powers and duties of his office,” was ratified in 1967 as a response to President Dwight Eisenhower’s health problems and President John F. Kennedy’s assassination.
It is worth playing out that scenario. Imagine that Vice President Mike Pence and the Cabinet did compel Trump to undergo psychiatric evaluation. And imagine the psychiatrist did return a diagnosis of some kind, be it early-stage dementia or narcissistic personality disorder (plenty of psychiatrists stand ready to diagnose Trump with all manner of mental ailments, so this is not far-fetched). The vote is taken, and Trump is removed from office.
To many of Trump’s supporters — and perhaps many of his opponents — this would look like nothing less than a coup; the swamp swallowing the man who sought to drain it. Imagine the Breitbart headlines, the Fox News chyrons. And would they truly be wrong?
Here is the counterargument: Our political system was designed by men who believed the mass public could make mistakes, and so they set up failsafes, emergency processes by which political elites could act. The Electoral College, which was ironically the key to Trump’s victory, was one of those failsafes — a collection of political actors who would be informed by the popular vote, but not bound by it. Today, however, the ideology of democracy has taken fiercer hold, elites are held in low regard, and those failsafes are themselves failing. “The case for the 25th Amendment or any other solution is that if a situation is dangerous, elites have a responsibility to risk popular backlash and even appear to be overturning the results of the election,” Douthat told me. In this telling, it is the job of elites to be a bulwark precisely when that job is hardest to carry out. But this analysis leaves us in a place that seems absurd when stated clearly: Though we have mechanisms for removing a dangerous president, those mechanisms are too politically explosive to actually invoke. President Trump could order a nuclear holocaust before breakfast, but unless society can agree that he is either criminal or comatose, both America and the world are stuck with him and all the damage he can cause.  Can this really be our system?