The End Of Precedent. The End Of Justice.

From its beginning, US law, following that of the United Kingdom, has been based on legal precedent – that the outcome in one case is binding or persuasive in the outcomes of subsequent cases with similar circumstances.

However, in recent years, conservatives have increasingly chosen to ignore precedent. That is certainly true in the case of the gutting of the Voting Rights Act, the unleashing anonymous political donations by Citizens United, and the weakening of abortion rights as established by Roe v. Wade. In each case, conservative justices on the Supreme Court of the United States have decided that their conservative political views outweighed precedents previously established by the Court.

Similarly, the US Senate under Moscow Mitch McConnell has ignored long-established precedent to steal two seats on the Supreme Court.

In the entire history of the US, there have been four previous vacancies on the Court that occurred between July 1 and a presidential election. In three of those cases, beginning with Abraham Lincoln, the president refused to nominate a judicial candidate to fill the open seat until after the inauguration of the next president. In the other case, the president nominated a candidate. But the Senate refused to hold hearings on the nomination until after the election.

In addition, there have been nine vacancies on the Court between January 1 and July 1 of the same year of a presidential election. In eight of those cases, the president nominated judicial candidates who received Senate hearings and were confirmed. The lone exception is President Obama’s nomination of Merrick Garland, which was blocked by Moscow Mitch who claimed the vacancy occurred too close to the election and should be held open for the next president to fill.

Now we come to the vacancy created by the death of Justice Ruth Bader Ginsburg.

For the first time in history, the Senate under the leadership of Moscow Mitch has vowed to confirm and seat a nomination by Donald J. Trump before the election. Precedent and Justice Ginsburg’s dying wish be damned.

This win at all costs mentality has become a hallmark of Trump, McConnell and the GOP. Rather than following precedent and principle, they choose to divide. Trump has blamed Democratic governors and blue states for his own failures, even going so far as to prioritize PPE for red states. He then stated that if it were not for the pandemic deaths in blue states, the administration’s response to the pandemic would look much better. Indeed, that fits the pattern of the entire GOP. When in power, GOP officials almost entirely dismiss the opinions and wishes of their political opponents. They initiate voter suppression measures and gerrymandering to hold onto power. And, when in the minority, they routinely resort to parliamentary tricks to block Democratic initiatives.

It is this mentality that is responsible for the increasingly violent political division in the US. How can you debate policy issues and achieve consensus when only one party is willing to come to the table?

The March Toward Autocracy.

Ever watch a kindergarten class out for a walk in the city? They are all hooked to a rope connected to two teachers so that no child can step out of line. Such is the case with our Republican Congress. Led by DonTheCon, they follow along through oncoming traffic toward the edge of a cliff where they’re expected to take a giant leap of faith. If they do step out of line, there’s Moscow Mitch to herd them back into place.

I believe there’s no better description of today’s GOP under Donald J. Trump.

Trump clearly conspired with a foreign rival to attain office. Once in power, he has set about destroying the United States of America as we know it. He has intentionally divided the nation as we have not seen since the Civil War. He has undermined our institutions – the press, the judicial system, the national security apparatus, the military. He has used the machinery of government and the power of his office to attack and investigate political opponents. He has obstructed justice and any form of congressional oversight.

He has changed our tax codes to further benefit the rich and the powerful. He has demeaned and estranged our closest allies. Though having broken nearly all of the Ten Commandments, he has pandered to evangelical “Christians” while banning the followers of Islam from entering our country. He has turned aside refugees – the victims of violence and economic collapse – and re-victimized them by locking them in cages to endure horrific conditions. He has pandered to white nationalists and embraced the world’s worst dictators as though they are members of the same club.

Indeed they are.

He has carved up our national monuments and auctioned off the mineral rights to the highest bidder. He has eliminated environmental regulations allowing oligarchs to despoil our air and water. He has cheated on his taxes, refusing to reveal the depths of his cheating by hiding them from the public. He has used the national treasure as his piggy bank to enrich himself and his family while ordering the Treasury Secretary to shield the numbers from accountability.

As he neared re-election, he chose to enlist the help of a foreign government yet again, using taxpayer funds to extort its help in damaging a political opponent. And, when he was caught, he gathered those Republican congressmen and senators – those obedient toddlers – around him for protection.

Though impeached, his followers refuse to remove him from office…even refusing to examine the evidence. So now it’s up to the voters to do what the Senate should have done.

That will be difficult. Though Trump’s support represents a minority of the electorate – mostly an angry mob of white supremacists, religious zealots, the uninformed, the misinformed and aggrieved losers – his party has spent years preparing for this moment. The GOP has aggressively Gerrymandered congressional districts. It has set about removing the names of millions of voters from the rolls, forcing them to re-register to vote – that’s assuming they’re even aware that their names have been excluded. The GOP has reduced the number of polling places and voting hours in Democratic-leaning districts. It has blocked voting rights for felons who have served their sentences. It has intimidated opposition voters. And, in many states, it has forced voters to leave work and drive many miles in order to purchase a voter ID, often making them choose between obtaining the ID or earning enough to feed their children.

Even without all of their voter suppression tactics, the GOP has a distinct advantage. It controls a large majority of the nation’s geography, if not its voters. Half of the nation’s population resides in 9 largely blue states. But the remaining 41 mostly red states hold a majority of the electoral votes. So it’s possible that Trump – the president with the lowest approval ratings in modern times – will, once again, lose the popular vote this November by overwhelming numbers and still win a majority of electoral votes.

The only sure way to stop him is for decent, caring Americans to turn out to vote as never before.

And, if Trump is defeated, the winning candidate should quickly set about nullifying the Trump presidency. Every presidential order should be immediately overturned. Every appointment, every administration decision should be scrutinized and rectified, as quickly as possible. And, if Democrats are fortunate enough to gain majorities in both houses of Congress, they should pass legislation designed to protect our elections, to restore voting rights, to eliminate the Electoral College and to protect our environment.

As important, Trump should be prosecuted for his many crimes – for his tax evasion, for violating the emoluments clause, for conspiring with enemies of state, for abuse of power, for obstruction. He and his family should be forced to repay the millions they have stolen from taxpayers. And Trump should be locked up as a warning to any like-minded individuals who would consider undermining our democracy ever again.

Destruction Of The US. (Part Eight – Corruption)

If we are ever going to rescue our nation from oligarchy and restore democracy, we must remove the obscene amounts of money from our politics and prevent government officials from using the treasury as their personal piggy bank.

At no time in our history has that need been more urgent than now!

If you don’t see the urgency, consider this: Two independent studies monitored how legislation was influenced by lobbyists and other moneyed interests versus the desires and interests of ordinary constituents. They found that legislators pandered to corporations, industries and lobbying groups while the interest of citizens were ignored. The inescapable conclusion of the studies was that the US is no longer a government of the people for the people and by the people. Instead, it has become an oligarchy – a government run for the benefit of the richest few.

Nowhere is this more obvious than Trump’s refusal to abide by the Constitution’s emoluments clause. Not only has he not released his income taxes as past presidents had done. He refused to relinquish control of his businesses by placing them in a blind trust. Moreover, he has quite obviously used his position to pump money into his resorts and hotels. Virtually every weekend is spent golfing at his resorts causing the Secret Service and other government employees to rent rooms and golf carts. That has already totaled millions.

While conducting business in Europe, he chose to travel out of his way to spend time and government money in his Scottish and Irish resorts. He “recommended” that vice-president Pence stay at his resort rather than in a Dublin hotel where his government meetings were to take place. And, recently, it was discovered that, during the Trump administration, our military signed a contract to refuel aircraft at the financially struggling Glasgow Prestwick airport near his Turnberry resort.

Additionally, in order to curry favor with Trump, foreign leaders and lobbyists have spent millions at the Trump hotel in Washington.

Of course, Trump also named his daughter and son-in-law (the son of a man convicted of illegal campaign contributions and filing false tax returns) as special advisors giving them access to classified information and influence among foreign leaders which will, no doubt, lead to more profits for their businesses.

Many other Trump appointments to the administration have used their positions for personal gain, including the Secretaries of Treasury, Labor, HUD and Interior, as well as the administrator of the EPA. We have also learned that Moscow Mitch and his wife, Secretary of Transportation Elaine Chao, have invested money in offshore shell corporations. For what purpose other than to shield their fortunes from federal taxes? We can’t be certain. But there should be enough transparency for government officials that we don’t have to speculate.

All of this is in addition to Trump’s corrupt, illegal and treasonous attempts to use his office to threaten and encourage foreign governments to interfere in our elections and to damage his political opponents.

Never before in the history of our nation has an administration been so completely and obviously corrupt. But never before has the Oval Office been occupied by a wealthy conman. (And that’s the most polite term I can think of – mob boss may be a more accurate description.)

How Washington Became Gridlocked.

Many Americans decry our failed Congress, angry that the institution seems incapable of addressing their needs. Yet they have continued to vote for the same representatives election after election. It seems they believe other representatives are to blame. Not their own. And they hold both parties equally responsible.

But, as it turns out, Americans should rightfully blame only one party for the inaction of Congress – the GOP.

An episode of MSNBC’s American Swamp explained the problem in great detail. It seems the gridlock began in the early nineties when the newly-elected Rep. Newt Gingrich discovered that CSPAN would telecast speeches from the House floor regardless of the circumstances. Realizing that the network focused solely on the lectern and never showed the empty desks, he took the floor in late evenings to rail against Democrats; to challenge them to respond to his demands and to act. But, unbeknownst to the viewers, the Democrats couldn’t, because they were not there. For months, Newt continued his one-man show, calling Democrats a variety of names and asking his followers to hold them accountable for their inaction and lack of response. He published a list of one-word insults which he handed out to the GOP caucus, so they could all speak like Newt.

Not surprisingly, the farce worked. The audiences began calling their congressmen. They began harassing Democrats. And rightwing media took up the attacks. It only stopped when then-Democratic Speaker Tip O’Neill asked CSPAN to have their cameras pan the chamber to expose the empty desks. But, by then, the damage had been done.

When the GOP won the House and Gingrich became Speaker, he took matters a step farther. An admirer and teacher of parliamentary-style politics in which party members vote as a unified block (something very contrary to the US system), Newt brought that mentality to the GOP. Under threat of being “primaried” with their opponents receiving millions in “dark” money, the members of the GOP caucus fell in line to vote as the Speaker wished, regardless of their own individual feelings or judgment.

Political tribalism was born. And succeeding GOP actions made it worse.

To ostensibly save money, the GOP majority in Congress cut the staffs of representatives. Without sufficient staff to research the effects of bills, congressional members were forced to rely on lobbyists, think tanks and Political Action Groups for information. And, if they failed to vote as these interest groups wished, the groups would spend millions to defeat them in the next election. As a result, the representatives learned that, if they valued their jobs, it was better to do nothing than to take a stand.

And, since the conservative-led Supreme Court ruled that money equals free speech and corporations have the rights of individuals, congressional representatives have been forced to spend as much as 40 percent of their time dialing for dollars in order to raise enough money to fend off competitors in their next election campaign.

In addition, former GOP Speaker John Boehner banned earmarks – the tradition of adding provisions to a discretionary spending bill without floor debate. Though sometimes abused, earmarks were a form of congressional horse-trading to provide funding for projects in an individual representative’s home district. In most cases, it was how new bridges were funded; how new roads and road expansionss were funded; how a city got funding for programs and grants. But since the end of earmarks, the process has become more politicized than ever with the decisions on spending often being directed by the executive branch to reward supporters.

Any bills that do make it out of the House must go to the Senate for votes and be signed by the president before they can become law. The current House has sent more than 100 bills to the Senate. But even the most popular bills supported by a vast majority of citizens have been blocked by the self-proclaimed “grim reaper” of legislation – Moscow Mitch. He refuses to bring them to a vote unless they meet his very narrow agenda.

It’s all a recipe for gridlock.

To make matters worse, over many decades, Congress has yielded much of its constitutional authority to the executive branch rendering itself somewhat powerless. So much so, that congressional delegations have been turned away from immigration detention centers despite their role of oversight. Executive branch agencies have refused to turn over documents or respond to subpoenas issued by congressional judicial and oversight committees. And Trump has redirected money from agencies to build his wall despite congressional authority over the budget.

Despite Trump’s very public calls to drain the swamp, he ignores the fact that it was largely created by the GOP. Indeed, he has only made it worse by ignoring the emoluments clause; by using his office to promote his properties and to make money each time he visits one; by placing industry lobbyists in charge of the agencies responsible for regulating the industries they represent.

The interests of the American people be damned.