The County, The Man  

One of our counties is named for a man who was the nation’s fifth Chief Justice of the United States.  Before that, he was the 12th man to be Secretary of the Treasury. Before that, he was the 11th United States Attorney General.

We pronounce the name of the county “Tainey.”  But his name was really pronounced “Tawney.”   Roger Brooke Taney represents the dual nature of history and the fame and the infamy that comes from it, a duality that we cannot escape and from which we must not hide.

This man who is best remembered for delivering a historic anti-freedom decision in 1857 was part of the court that ruled on a historic pro-freedom case in 1841.

The Amistad case involved Africans who broke free and seized their ship, eventually landing at Long Island.  The owners of the ship sued for recovery of their property—the ship and its cargo. Former President John Quincy Adams argued for the slaves and the court ruled 6-1 with Taney in the majority that the slaves belonged to no one and were therefore free because, “in no sense could they possibly intend to import themselves here, as slaves, or for sale as slaves.”

The point of slave law ruled upon by the Taney court sixteen years later was entirely different. Taney is best remembered for delivering the decision that denied freedom to Missouri slave Dred Scott.

Missouri courts had handled hundreds of “freedom suits” filed by slaves who claimed they had gained their freedom because their owners had taken them to free states before coming to slaveholding Missouri. Some 300 of those cases were filed in St. Louis where a monument now stands honoring those slaves. Many of the suits succeeded but they ended with the Scott case.

The case was heard twice by the U. S. Supreme Court, a second hearing held because, as Taney wrote in the final decision, “differences of opinion were found to exist among the members of the court; and as the questions in controversy are of the highest importance…it was deemed advisable to continue the case, and direct a re-argument on some of the points, in order that we might have an opportunity of giving to the whole subject a more deliberate consideration.”

You can read the entire decision at Dred Scott v. Sandford Full Text – Text of the Case – Owl Eyes

The court voted 7-2 that Scott, as a slave, had no constitutional right to sue for his freedom. It is a long, long decision written by Taney and announced on March 6, 1857.

“The question is simply this: Can a negro, whose ancestors were imported into this country, and sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guarantied by that instrument to the citizen? One of which rights is the privilege of suing in a court of the United States in the cases specified in the Constitution,” Taney wrote the long opinion that includes:

The words ‘people of the United States’ and ‘citizens’ are synonymous terms, and mean the same thing..,The question before us is, whether the class of persons described in the plea in abatement compose a portion of this people, and are constituent members of this sovereignty? We think they are not, and that they are not included, and were not intended to be included, under the word ‘citizens’ in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose to grant them.”

…The legislation of the States therefore shows, in a manner not to be mistaken, the inferior and subject condition of that race at the time the Constitution was adopted, and long afterwards, throughout the thirteen States by which that instrument was framed; and it is hardly consistent with the respect due to these States, to suppose that they regarded at that time, as fellow-citizens and members of the sovereignty, a class of beings whom they had thus stigmatized; whom, as we are bound, out of respect to the State sovereignties, to assume they had deemed it just and necessary thus to stigmatize, and upon whom they had impressed such deep and enduring marks of inferiority and degradation; or, that when they met in convention to form the Constitution, they looked upon them as a portion of their constituents, or designed to include them in the provisions so carefully inserted for the security and protection of the liberties and rights of their citizens…

 Upon the whole, therefore, it is the judgment of this court, that it appears by the record before us that the plaintiff in error is not a citizen of Missouri, in the sense in which that word is used in the Constitution; and that the Circuit Court of the United States, for that reason, had no jurisdiction in the case, and could give no judgment in it. Its judgment for the defendant must, consequently, be reversed, and a mandate issued, directing the suit to be dismissed for want of jurisdiction.

The opinion fueled fears of those who felt the slave economy eventually would collapse that the opposite would happen if the institution were to spread into new territories to the west. The 1821 Missouri Compromise forbade that but Taney’s ruling threw out that compromise:

“Every citizen has a right to take with him into the Territory any article of property which the Constitution of the United States recognises as property.”

It has been called the worst Supreme Court ruling in our history and a direct contributor to the Civil War.

Illinois Senator Stephen A. Douglas, who had eyes on a presidential run in 1860, told a crowd at the Illinois Capitol that those who disagreed with the ruling were “enemies of the constitution. One of his listeners was Springfield lawyer Abraham Lincoln, who had his eyes on Douglas’ seat in the Senate. One of Lincoln’s newest biographers, Steve Inskeep, wrote that Lincoln responded two weeks later that Douglas “dreads the slightest restraints on the spread of slavery” and asserted that the decision did not “establish a settled doctrine for the country.” Inskeep says Lincoln felt the Scott case was more than a bad ruling; “It was part of a conspiracy to spread slavery everywhere.”

The next June, Lincoln told another meeting in the statehouse, the conflict over slavery had not been resolved.

“A house divided against itself, cannot stand. I believe this government cannot endure permanently half slave and half free. I do not expect the Union to be dissolved – I do not expect the house to fall – but I do expect it will cease to be divided. It will become all one thing or all the other. Either the opponents of slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction; or its advocates will push it forward, till it shall become lawful in all the States, old as well as new – North as well as South.”

The Lincoln-Douglas debates that came afterward elevated Lincoln to the national spotlight and in 1860 into the presidency.

Lincoln’s inauguration on March 4, 1861, just two days short of the fourth anniversary of the Scott case, showed how rapidly the decision had changed the nation. It began with a dramatic moment when the tall, young abolitionist president-elect, in his first public appearance with a beard, filed in “arm in arm” with the Chief Justice who would swear him in.  Roger Taney, days short of his 84th birthday, “looked very agitated and his hands shook very perceptively with emotion,” as one reporter put it, as Lincoln placed his large hand on the Bible and took an oath to “preserve, protect, and defend the Constitution of the United States.

We do not know if the walk “arm in arm” or Taney’s shaking hands were matters of emotion or of the infirmities of age.  He died a little more than three years later, having witnessed the imposition of the Emancipation Proclamation that declared slaves in southern states were free, and, six months before his death, the passage by the United States Senate of what would become the Thirteenth Amendment, abolishing slavery and involuntary servitude.

On March 6, 2017, the sixtieth anniversary of the decision, descendants of the Taneys and the Scotts met at the Maryland State Capitol, where a statue of Taney stood, for a ceremony of reconciliation. Charlie Taney, great-great-great grand nephew of the judge, acknowledged, “I’m sure he wouldn’t be happy with this,”  but continued, “There’s totally something about seeing the Scotts and the Taneys side by side working together on reconciliation that strikes a real chord in people.”

Another descendant, Kate Taney Billingsley, said, there had been mixed feelings in the family about Taney: “A lot of people, it was like, they were proud of the name because it was a Chief Justice of the Supreme Court for other rulings he had made that was not the Dred Scott decision, and yet everybody agreed that it was a complete smear on our name and it was a terrible, terrible decision.”

On the other side was Lynn Jackson, the great-great-granddaughter of Dred Scott, who runs the Dred Scott Foundation of St. Louis, who hoped the event could foster something bigger. “It’s an open door for us to say if the Scotts and the Taneys can reconcile, can’t you?” she asked. “If you look at relationships in our nation, these are supposed to be the two who are really supposed to hate each other. But it’s not about hatred, it’s about understanding, and then relationship building and trust.”

There had been discussions about removing Taney’s statue from the Maryland Capitol grounds at the time but the families opposed it.  They suggested it would be more appropriate to put up a statue of Scott and one of Frederick Douglass, who escaped from slavery in Maryland and became a national abolitionist leader.

It wasn’t to be.  The state removed Taney’s statue in 2017, two days after Baltimore Mayor Catherine Pugh ordered removal of a replica of the statue from city property.

In December of 2022, the United States House of Representatives completed the process of ordering the removal of a bust of Taney from the old House Chamber that was used by the Supreme Court until its own building was constructed.  Maryland Congressman Stenny Hoyer, who noted that every day he served in a chamber that had been built by slaves, said, “While we cannot remove the stones and bricks that were placed here in bondage, we can ensure that the moveable pieces of art we display here celebrate freedom, not slavery, not sedition, not segregation….”His narrow-minded originalist philosophy failed to acknowledge America’s capacity for moral growth and for progress. Indeed, the genius of our Constitution is that it did have moral growth, it did have expanded vision, it did have greater wisdom. Taney’s ruling denied Black Americans citizenship, upheld slavery, and contributed, frankly, to the outbreak of the Civil War.”

The bust was removed on February 9, 2023 and replaced by a bust of Thurgood Marshall, a civil rights attorney who played a key role in the 1954 Supreme Court ruling that ended segregated schools in America, and later the first black member of the U. S. Supreme Court.

Taney County, Missouri was carved out of Wayne County by the state legislature in 1835, the year that Andrew Jackson appointed Taney to succeed Chief Justice John Marshall, who had died earlier that year.  Taney’s nomination was confirmed in 1836, making him the first Catholic to serve on the court. Taney County was formally recognized as an organized county in 1837, almost twenty years before the ruling that became the deciding “smear” on his record and on his descendants’ name.

In advocating for the removal of the Taney bust from the national capital, Congressman Stenny Hoyer noted the duality of history when he said, “We ought to know who Roger Brooke Taney was, a man who was greatly admired in his time in the state of Maryland. But he was wrong. Over 3 million people visit our Capitol each year. The people we choose to honor in our halls signal to those visitors which principles we cherish as a nation.”

There are no known statues of Taney in Taney County and there has been no overt move to change the name of the county. The name honors the distinguished public servant that he was, not the jurist who wrote one opinion that overshadows everything else he wrote or was.

Taney, the man, is a reminder of something else said by the man he swore in as President of the United States when he delivered his annual message to Congress late in 1862:

“The dogmas of the quiet past, are inadequate to the stormy present. The occasion is piled high with difficulty, and we must rise — with the occasion. As our case is new, so we must think anew, and act anew. We must disenthrall ourselves, and then we shall save our country.

Fellow-citizens, we cannot escape history. We of this Congress and this administration, will be remembered in spite of ourselves. No personal significance, or insignificance, can spare one or another of us. The fiery trial through which we pass, will light us down, in honor or dishonor, to the latest generation.”

Sometimes words cross all barriers of time. Taney’s words. Lincoln’s words. Words of yesterday become words of today. It is up to us to decide what to do with them.

(Photo credits: National Judicial College, Library of Congress)

 

RIPPLES  

A Michigan jury recently convicted the mother of a 15-year old school shooter of involuntary manslaughter.

The issue was whether Jennifer Crumbley had any responsibility for her son’s murder of four students in 2021.  She was accused of gross negligence because she failed to tell school officials the family had guns, including a 9 mm handgun that son Ethan used on a shooting range the weekend before the attack. The charges said she had a duty under Michigan law to keep Ethan from harming others, of failing to secure a gun and ammunition, and failing to get her some mental health help.

The morning of the shooting, Ethan’s parents were summoned to the school after staff members had seen a violent drawing of a gun, bullet, and a wounded man along with “desparate phrases” on his math assignment.  The parents did not take him home and not long afterwards, the boy pulled a gun out of his backpack and shot ten fellow students and a teacher. For students were killed. The gun was he same 9mm pistol his father had bought with him and that he had practiced with on the shooting range.  She said she had seen no signs of mental problems with her son and that it was her husband’s job, not hers, to keep track of the gun. Father James Crumbley goes on trial later in March.

Ethan, now 17, is in prison for life. His journal complains, “I have zero help for my mental problems.”

This is a landmark legal case.  The Crumbleys are the first parents in this country to be held criminally liable for the killings their children commit.  We’ll be watching to see what ripples might flow from Michigan to other states when other mass shootings happen.  The shooter might not always be the only one held responsible. And what changes in laws might that threat bring about?

We wonder what kind of ripples will be caused by by the Michigan approach of filing negligence against parents for the crimes of their children.  We wonder if any of OUR state’s prosecutors would go after Missouri parents when such an incident happens here.

The Centers for Disease Control, etc., say Missouri is ninth in gun deaths and is ranked by Everytown for Gun Safety 38th in gun law strength

The legislature has gone to extremes at times “defending” Second Amendment rights. Case in point: A 2021 law banning the state from enforcing any federal laws the state thinks infringe on those rights. The U. S. Supreme Court threw out that law as unconstitutional last fall.

A few state lawmakers spoke out against the states laissez-fare attitude about gun violence.  But others have sidestepped any serious thought about it, admitting only—in effect, “Yes, it’s a problem.”  Or sidestepping the other way by saying, “It’s not a gun problem; it’s a mental health problem” and then puttiing little or no emphasis on dealing with that mental health problem.

But Missouri prosecutors might learn from the Michigan experience—filing negligence charges against those who should have known better than to let a friend, a relative, or a child have access to a gun and bullets if that person is known to be troubled.

It’s a small thing.  But it might be a way to bring about some justice in a high-murder state with seemingly little interest from the political powers-that-be to do anything meaningful about it.

 

NO VICTIM, NO LOSS

Author Ally Carter has this perspective:

“Denying the undeniable just makes you sound like a fool as well as a liar.”

Who might she be talking about if she had said that recently?

A high-rolling braggart lies about the value of his property so he can get better loan terms for the acquisition of other properties.  He makes all of his payments, bless his heart.

But a judge says he is a major fraudster and nails him with a big penalty and tells him not to do any more of his shady business in the state for three years.

And the judge gets hammered by apologists for the liar who say making timely payments on fraudulently–obtained loans excuses the lies that were told to get those loans at favorable rates.  Some say it’s the banks’ own fault if they were harmed because they didn’t check the records to see if they had been lied to.

To set the record straight:

It all began with the lies.  Whatever resulted, including the loss of additional fund through required higher payments began with lies. It is inescapable that the liar is responsible for whatever is the unfavorable result for the lenders.

Lies have victims.  And if those lies result in lost income because they resulted in lower-than-usual interest rates on loans, there is a loss.

Timely payments are not a factor; Congenital lying is a factor.

Fraud is fraud no matter how consistently a fraudulently-obtained loan is paid off.

There was a victim, or there were victims.

They lost because a customer lied to them.

The liar’s denial of it, whining about it, blaming someone else for it is just deepening the lie.

It all started with lies.  A lot of lies.

The liar profited from his lies.

There were losses.

There were victims.

And there must be consequences lest we say lies are acceptable.

Liars succeed when people lack the courage or the involvement to call them to task.  This time a judge who carefully looked at the long track record of deceit decided  to set a price on the lying,.

We wonder if, in his private moments, the liar admits to himself that he is and has been a liar. Surely he must know that. Perhaps that is why his only defense is to keep lying.

But slowly, slowly, it is harder for those with a shred of honesty about them to keep defending the liar.

How many more times will the integrity of the legal system have to rule before the followers of the liar realize they have reached a tipping point?

How long before they realize THEY are the biggest victims?  How long before they realize what they have lost?

 

A Distinction Without a Difference

We were intrigued by the reactions several days ago by the major Republican candidates for Governor to the Colorado Supreme Court’s 4-3 decision that Donald Trump is ineligible to be on thee Colorado primary ballot.  Intrigued but not surprised.

Jay Ashcroft said, “The State of Missouri will reject” the ruling. “The people of this state will make a decision as to who they want to be President of the United States.”  There’s a flaw in that proclamation. The ruling is not Missouri’s to reject. In fact there are Missourians who are turning handsprings and hoping it’s upheld. It’s a matter not from a Missouri Court but from a Colorado court and it is for the national justice system to decide on appeals.

Bill Eigel echoed, “Citizens pick presidents, not unelected liberal Justices.”  In November, yes.  But citizens also can bring lawsuits that might determine who’s on the Missouri ballot in November.

And Mike Kehoe sang from the same hymnal: “Voters have the right to decide who our President is, not unelected liberal judges.

How about unelected CONSERVATIVE judges?  Are they the only ones who can make decisions such as these?

Or, maybe, should only ELECTED judges have the right to rule on constitutional questions?  If they subscribe to that idea, they favor eliminating the Missouri Supreme Court, which is appointed.

What is it, gentlemen?

And while we’re at it, DID Trump engage in an insurrection on January 6, 2021 when he urged a big crowd to keep the Congress from certifying an election he lost?

Ashcroft, as the state’s top election official, is going to file a friend of the court brief supporting Trump’s candidacy when the case goes to the U.S. Supreme Court, presumably a court these three would endorse because Trump made sure it tilts conservative. A lower Colorado court had ruled that Trump could not be removed from the ballot because the 14th Amendment, the central arguing point for the Keep Trump folks, is vague about whether it covers the President of the United States. The issue is whether “officers of the United States” in the amendment includes the president who is the top officer of the United States. One of the responsibilities of Supreme Courts at the state and federal level is to clarify vague language in the statutes or the constitutions.

But how can a ruling from an unelected U. S. Supreme Court be acceptable regardless of what the ruling is because none of the Justices was elected, even the conservative ones?

Those who favor the concept of originalist interpretation of the Constitution will enjoy this.

Ashcroft also argues that the amendment refers to people who take an oath to “support” the Constitution. But the presidential oath swears to “preserve, protect and defend” the Constitution.  It will be interesting to see how the judges in Washington D. C. split that hair.  It sounds from our high observation point like a distinction without a difference.

What does that mean?

A check of the logicallyfalacious.com website offers this explanation:

Claim X is made where the truth of the claim requires a distinct difference between A and B.

There is NO distinct difference between A and B.

Therefore, claim X is incorrectly claimed to be true.

Can one “preserve, protect and defend” the Constitution without being in “support” of it?  And in the reverse, can one “support” the Constitution without taking steps to “preserve, protect and defend” it?

As far as Ashcroft’s claim that “the people of the state will make a decision as to who they want to be President of the United States,” let’s wait to see if anybody files a lawsuit to keep Trump off the Missouri primary election ballot—-and how those unelected Missouri Supreme Court judges who early in their careers as lawyers had to take this oath:

I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Missouri;
That I will maintain the respect due courts of justice, judicial officers and members of my profession and will at all times conduct myself with dignity becoming of an officer of the court in which I appear;
That I will never seek to mislead the judge or jury by any artifice or false statement of fact or law;
That I will at all times conduct myself in accordance with the Rules of Professional Conduct; and,
That I will practice law to the best of my knowledge and ability and with consideration for the defenseless and oppressed.
So help me God.

The oath allows some latitude. It’s okay to substitute “affirm” for “swear,” and it’s okay to substitute “under the pains and penalties of perjury” instead of saying, “So help me God” at the end.

Someday we’ll discuss the silly argument against “unelected” people.  After all, one of the three candidates we’ve just mentioned once was an unelected person serving in one of the state’s highest offices. That defect didn’t seem to limit his effectiveness in carrying out his sworn duties.  Just for the record, this is the oath that the Governor and Lieutenant Governor of Missouri take:

I ­­­­_________ do solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of the State of Missouri and I will faithfully demean myself in the office of Governor (or Lt. Governor) of the State of Missouri.”

It’s different for members of the legislature.  The first part is the same but after swearing to support the Constitutions, it continues, “and faithfully perform the duties of my office, and that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law.”

—campaign contributions from those who approve of their voting record or who would benefit from their voting record notwithstanding (that part is not included).

Well, the Colorado case is headed to a bunch of unelected Justices in Washington to interpret a Constitutional Amendment written at the end of the Civil War to keep people like Robert E. Lee or our own Confederate Governor, Thomas C. Reynolds, who had sworn loyalty to the state and federal Constitutions and then tried to wipe out the government they’d sworn to uphold and protect to keep them from ever holding public office again.

University of Maryland law professor Mark Graber provides an almost line-by-line explanation of the amendment. We’ll find out eventually if this is the kind of thinking the Supreme Court will adopt, but his references to the original purpose of the amendment might be helpful to understanding in in its totality.

Does 14th Amendment bar Trump from office? A constitutional scholar explains Colorado ruling • Missouri Independent

The unelected Justices have a special oath that actually is two oaths in one, a Judicial Oath and a Constitutional Oath:

“I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States; and that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

These judges who have sworn to “support and defend” the Constitution might decide if the oaths they took mean they also “protect and preserve” the Constitution.

(This entry was misdated for January 3, 2023 by mistake but has since been placed in its proper chronological context thanks to the eye of a long-time friend who commented on it two days before it was supposed to appear here.  let this be a reminder to all of us that it is now Twenty-twenty-FOUR).

 

 

This One Joins Legendary Defenses

But this time it didn’t work.  REALLY didn’t work.

The story has been told that one of Missouri’s colorful early lawyers once had a client who had been accused of libeling another person. In his closing argument, the lawyer told the jury his client could not be found guilty of libel because he was such an inveterate liar that nobody would believe him and since nobody would believe anything he said, his remarks could not have slandered the plaintiff.

The story says the jury was sympathetic to that plea and the liar was found not guilty.

Such an argument came to mind a few days ago while listening and watching and reading of of the defense attorney for Rudy Giuliani in Giuliani’s trial for defaming two Georgia women with his lies about the 2020 election. He  had said he would take the stand in his own defense and prove that everything he had said was true. His attorney did not let him testify.

The defense, in the end, was an effort to evoke sympathy from the jury for the day’s equivalent of Missour’s 19th Century liar.  Giuliani’s lawyer, Joseph Sibley, told jurors, “We made the decision not to have my client testify because these women have been through enough. These women were victims and, as the court has ruled, my client has committed wrongf ul actions against them.”

Sibley might have made some jurors’ jaws mentall drop when he said, “I have no doubt that Mr. Giuliani’s statements caused harm; no question about it. But just because these things happened, it doesn’t make my client responsible for them.”

!!!!!!!!!!!!

“When you see my client’s state of mind, you’re going to say, ‘You should have been better but weren’t as bad as the plaintiff’s make you out to be,” Sibley said, because, “Rudy Giuliani is a good man.  I know that some of you may not think that. He hasn’t exactly helped himself with some of the things that have happened in the last few days. The idea of him being a racist, or him encouraging racist activity, that’s a really low blow. That’s not who he is. He overcame negative stereotypes.” .

“I know he’s done things that are wrong. I know these women have been harmed. I’m not asking for a hall pass on that,” Sibley said. But damages had to be “in some way tied to what the actual damages are.”  They had to be “more closely related to the actual damage number.”

And just what would be that “actual number?”

Sibley pleaded for the jury to have mercy on Giuliani, whom he described as a “flat earther” who would never quit believing  his own lies. Sibley harkened back to the days when “America’s Mayor” was a unifying force in the aftermath of the terrorist attacks on the World Trade Center. “This is a man who did great things. If he hasn’t been so great lately, I want you to judge him by the entire character of who he is.”

Let’s add some context to this:  Twenty-five years ago, a prominent Democrat was accused of (pardon the vulgarity here) diddling an intern.  Bill Clinton said, “There’s nothing going on between us,” to his top aides. When a grand jury asked him a question to the effect, “Is there anything between you and Miss Lewinski, Clinton answered with this masterpiece of gold-medal verbal gymnastics:

“It depends on what the meaning of the word ‘is’ is…If ‘is’ means is and never has been…that is one thing. If it means there is none, that was a completely true statement…Now if someone had asked me on that day, are you having any kind of sexual relatons with Ms. Lewinsky, that is, asked me a question in the present tense, I would have said no and it would have been completely true.”

If there ever were created an Encyclopedia of Jabberwockey, the statements of Bill Clinton and Joseph Sibley would have to be featured.

Giuliani was Giuliani after the jury nailed him with a $148 million judgement: “The absurdity of the number really underscores the absurdity of the entire proceeding. I am quite confident that when this case gets before a fair tribunal, it will be reversed so quickly it’ll make your head spin. The absurd number that just came in will help that, actually.”

It would not be surprising if an appeals court reduces the damage awards; they sometimes do that while upholding the defamation judgment.

Regardless of what happens on appeal, this jury sent a message to others who have espoused the “stolen election” lie and who are facing their own defamation suits from voting machine companies and from other election workers. They should be very nervous.

If reports are true, Giuliani has little money and many creditors.  Ruby Freeman and Shaye Moss might see little or no cash.  But they have received justice.  Whether they ever can get their lives back, though, is questionable.

Is there any amount that could make these women whole again?  Ruby Freeman says people with bullhorns standing outside the house where she had lived for 20 years, shouting racist insults, have forced her to leave  her house and move time and again, her belongings in her car.

Shaye Moss said she’s afraid to leave house, fears being lynched, and that she’s received death threats repeatedly.

Sibley urged the jury to “send a messge to America that we can come together with compassion and sympathy. And I think we need that.”

Let’s just hold hands and sing Kum by ya, in other words. Shaye and Ruby can lead it off.

Giuliani’s state of mind.  We’re so tired of hearing the word “unhinged” used for him and for his leader and others in that merry band, but we don’t have hours to spend with the big dictionary at the back of the classroom to find a better one.

How did it reach this point?  How could a great man in 2001 fall so far in less than twenty years?

We have referred in a past column to Giuliani as the most pitiful person in American politics. He is likely to stand in history as a great example of the dangers of falling in thrall to a person of no morals, of no respect  for anyone else, of no goal but power. It is telling that Giuliani’s Pied Piper has never shown on his own social platform or political stages any responsibility for the actions taken by Giuliani on behalf of his leader.

It is possible to have pity on someone but have no sympathy for them.  What he and his leader have done to these women, to many others, and to the nation itself deserves stern judgement. The jury has inflicted what Sibley has called a financial “death penalty” on Giuliani. So be it.  He has never personally asked for mercy; he has, in fact,  shown no remorse for what these people have gone through because of his words and has blamed others for what he has said. He threw gasoline on his own fire during the trial when he told reporters , “Everything I said about them is true,” and he reiterated that the women “were engaged in changing votes,” remarks that the judge suggested could lead to another defamation lawsuit.

After the verdict Giuliani remained defiant—”I don’t regret a damn thing,” he said. So much for coming together with compassion and sympathy.

This is why we have jury trials.  A dozen people who struggle to achieve justice from injustice is one of the greatest parts of our democratic system. There are plaintiffs and there are defendants. And then there are the heroes of our democracy, the jurors.

Nullifying a Nullification 

The Supreme Court has once again had to rule that Missouri is part of the United States.

A lower court had ruled as unconstitutional the legislature’s latest effort to say Missouri did not have to obey federal laws.  In this case it was a 2021 law that prohibited local and state police officers from enforcing certain federal firearms restrictions.

It was a slam dunk by the court. Only former Missouri assistant attorney general Clarence Thomas thought the state had a great idea.

That great idea, given the haughty name of the Second Amendment Preservation Act gave citizens the right to sue local and state governments, agencies and agents that enforce federal gun laws that impose registration requirements, fees, and taxes, for as much as $50,000 for allegedly infringing on Second Amendment rights.

The Washington Post reported Friday that the Biden administration took the state to court. Our Attorney General, Andrew Bailey, suggested the federal government had no business suing the state because lawsuits could only be filed against state and local agencies. And he maintained, as backers of the law proclaimed in 2021 that the state has no responsibility to enforce federal law. He called the federal government arguments “aggressive and novel,” and railed against federal second-guessing state policies.

United States Solicitor General Elizabeth Prelogar asserted that the law hampered enforcement of federal laws, “including its ability to apprehend dangerous criminals.”

She also argued—as opponents argued when the law was passed—that the U. S. Constitution prohibits states from invalidating federal laws.  Furthermore, she said, Missouri’s law says any federal employees who enforce the federal law in Missouri could never work for the state of Missouri after they leave federal employment.

Last March, a federal judge blocked enforcement of the law but damage already had been done.

The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives has had a task force made up of federal, state and local authorities. But several of those state and local agencies quit feeding date into a national program that helps link evidence of crimes in Missouri with crimes elsewhere in the country.

The U. S. Marshalls Service said a lot of state and local officers stopped helping catch fugitives.

States have been trying to nullify federal laws since 1832.  It hasn’t worked but the Missouri General Assembly is a low learner.

The issue originally arose with the passage of a strong tariff law in 1828. Southern states thought it put an unfair tax burden on their agricultural economy because the south lacked industry and had to import most of its manufactured goods. When the federal government under President Andrew Jackson did nothing to relieve that distress, radcals in the South Carolina argued that a state could declare any federal law it believed to be unconstitutional null and void and in 1832 adopted An Ordinance of Nullification that declared the 1828 tariff and a later one passed in 1832 were unenforceable in the state.

South Carolina prepared a military force to oppose any federal soldiers  sent to enforce the tariffs. Congress passed the Force Bill in March of 1833 authorizing President Jackson to use military force against South Carolina. At the same time, Congress passed a new tariff that was a compromise South Carolina could accept.

A petulant South Carolina repealed its Nullification Ordinance.

Then it passed a measure nullifying the federal Force Bill, just to have the last word.

The issue of states’ rights, however, has never gone away.  And the 2021 Second Amendment Preservation Act was the latest flareup of the issue in Missouri—at least that got legislative approval.

But don’t be surprised if somebody proposes something for the 2024 General Assembly that asserts this state can live apart from the United States Constitution if it disagrees with something in it.

(You can check out the “Blood Right” entry we posted on May 10 this year for another example of the legislature to ignore the Constitution of the United States.  It was a gun issue, too.)

1,078

Heather Cox Richardson is a history professor at Boston College whose “Letters from an American” daily Substack newsletter place contemporary events within a historical context. USA Today named her one of its Women of the Year honorees last  year.

Joyce Vance is a former United States Attorney for the Northern District of Alabama and now a Distinguished Visiting Lecturer in Law (criminal justice reform, criminal procedure, and civil rights are her specialties) at the University of Alabama School of Law.

We are borrowing from a couple of things they wrote when our immediately former president was arraigned on criminal charges on August 3.

Donald Trump is charged with crimes linked to the January 6, 2021 events at the United States Capitol.  Richardson cites the federal prosecutor for Washington D. C. is observing that Trump is the 1,078th person charged with federal crimes connected to those events. And he was arraigned in the same courtroom where many of those 1,077 others have appeared, or will appear.

She also cites Yale history professor Timothy Snyder, responding to defense claims that the charges infringe on Trump’s constitutionally-protected right to free speech even if his remarks were repeated lies.  The charges, however, appear not to attack his free speech remarks but instead focus on the greater issue of his illegal efforts to reverse the results of the 2020 election.

Snyder thinks we should not be distracted from the real point of the charges: “That Trump will be tried for his coup attempt is not a violation of his rights. It is the fulfillment of his rights.  It is the grace of the American republic. In other systems, when your coup attempt fails, what follows is not a trial.”

We would add that in most failed coup attempts we have read about in our long life, what follows is a quick assumption of guilt and often a quick dispatching of what is called justice.

Richardson also notes in that day’s “letter,” that the arraignment took place on the same days that Republicans on the House Oversight Committee released a transcript of their interview with a Hunter Biden business associate that GOP committee members claim proves then Vice-President Biden was personally involved in some shady business deals involving Hunter.  She says the interview transcript undermines the Republicans’ claims although they’re overlooking that issue.

(If you want to read Richardsons full “letter,” you can find it at:

August 3, 2023 – by Heather Cox Richardson (substack.com)

Joyce Vance’s column, “Civil Discourse” says that, “Many people…have become inured to Trump’s behavior…A real problem with Trump is that there is just so much of it that he is exhausting. For some people it is easier to tune it out than it is to try to keep all of it in focus.”  But she says the people need to re-connect and follow the process by which these charges are dealt with “so they can assess the evidence and the proceedings for themselves…It is every American’s obligation to follow this process.”

One subtle thing she mentions is that in court, the former president is just “Mr. Trump,” a designation that applies generally to (male) trial participants.  No matter what your station is life is, or has been, you are equal in the eyes of the law to every other person who has gone through this process…Donald Trump was treated like anyone else in his position would be. Investigation having found that there is sufficient evidence of significant crimes, he has been charged by a grand jury. He now has the same opportunity to defend himself that anyone would have.”

She explains that, “Arraignment is usually a perfunctory matter, as it was for Trump… It is governed by Rule 10 of the Federal Rules of Criminal Procedure, which requires that a defendant be advised of the charges against him and enter a plea to them. The traditional plea at the time of arraignment is one of not guilty. The defendant has not yet seen the government’s evidence against him—there is no informed basis for knowing whether the government can prove what it has charged. So it is no surprise that the plea Donald Trump entered…was one of not guilty.”

But this arraignment has an unusual twist, she says. While judges normally tell the defendants not to commit any new crimes while they are free on the streets, this instruction was different. The judge warned Trump not to try to influence a juror or witnesses.  If he violates that admonition, he could find himself sleeping on government-issues sheets at night and wearing government-issued clothes.

Was Trump listening to the Judge’s admonition?  Vance thinks he wasn’t. A day after he was released on pre-trial bond, Trump went on Truth Social and said, “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”

Vance says  on X (the former Twitter) that Trump crossed the line. “Free speech is one thing, but this is over the line. As a prosecutor, I’d be sorely tempted tomake a motion to removke Trump’s pre-trial bond and put him in custody. Let him explain it to the judge.”

Newsweek reports that Trump spokesperson has belittled Vance as “a moron (who) loses sleep because she has Trump Derangement Syndrome.”

So, apparently, does former prosecutor Andrew Weissmann, the former lead prosecutor against former Trump aides Paul Manafort and Rick Gates, who says—in what until recently would be called a tweet—“Not addressing this will only cause it to metastasize with undue deadly risks.”

A Trump spokesman, not surprisingly, defended the threat as “the definition of political speech,” and then went into full Trump irrational rant, saying it “was in response to the RINO, China-loving, dishonest special interest groups and super PACs, like the ones funded by the Koch brothers and the Club for Growth.”

Forget getting out the hip boots, folks. It’s so deep that you’ll need a full body suit.

Friday night, assistants to federal prosecutor Jack Smith filed a notice with U. S. District Court Judge Tanya Chutkan expressing concerns Trump might improperly share evidence in the case on Truth Social. They urged the judge to order Trump to keep any evidence given to his lawyers by the prosecutors away from public view.

The judge ordered Trump’s lawyers to respond by 5 p.m. today.  When they asked for a three-day extension, she refused to let them have it—which set off another Trump tantrum aimed directly at the judge—not a wise thing even from a self-proclaimed stable genius:  “There is no way I can get a fair trial with the judge ‘assigned’ to the ridiculous Freedom of Speech/Fair Elections case. Everybody knows this, and so does she!”  It was all in capital letters, followed by more capitals announcing plans to seek a new judge and a new location for the trial.

We will be watching to see if the old saying manifests itself—Don’t poke a tiger with a twig.

The prosecution says it wants a speedy trial. Normally it’s the defendant that wants a speedy trial. But in this case, it’s to Mr. Trump’s political advantage to stretch the process as far as possible.

Both Richardson and Vance believe the most important charge against Trump is the final one—the one Vance says “tears at my heart….the conspiracy by an American president to take awy our right to vote…and to have one’s vote counted.”

Vance concludes that a dozen people in the courtroom will decide Trump’s fate but all of us are a “jury in the court of public opinion.”

“The outcome of the 2024 election really is every inch the most important election of our lives. The indictment itself is not evidence, but it lays out the narrative of the facts we saw unfold before our eyes and helps us make sense of the crimes that Trump is charged with committing. It is an important document for every American to read. Not everyone will, but that’s where we can come in, sharing details, and helping people around us, understand the procedures that begin today. It’s the real work of saving the republic.”

You can read her full Civil Discourse insights at Arraignment – Civil Discourse with Joyce Vance (substack.com)

Federal court rules do not allow live broadcast coverage of trials. But the standard is a rule, not a law and the exigent circumstances of this case, which will be a transcendant event in American history and will involve questions basic to the survival of our republic, should create an exception to the rule so that all of us canbe witnesses to these evens. It is of such overwhelming importance that our grandchildren’s grandchildren should be able to see and hear how our generation responded to this crisis.

We agree that the 2024 election will be “the most important election of our lives.”  It is far more important to all of us and to our nation as a whole that all of us pay close attention to the truth that emerges in the trial of 1708 than it is to give heed to anything the interpreters of that testimony on the left and the right want us to think.

 

 

 

Difficult choices 

Lawmakers, state and federal, sometimes find themselves in the position of voting for something they don’t like to get something they want. The reverse also is true—they vote against something they like to keep something they dislike from becoming law.

At campaign time, opponents usually don’t discuss these subtleties in our political system when they criticize the incumbent for voting against an issue popular or unpopular with the public.

These dual-personality bills sometimes are passed anyway.  Then it becomes a problem for governors and for presidents.

The problem could be avoided if the legislative body did not try to combine two or more (somewhat) disparate issues into one bill.

Governor Parson had one of those bills that he vetoed in the last flurry of bill signings from the 2023 session. In this case, however, he disagreed with both sections of the bill. For whatever good it does, we—as appeals court judges sometimes write—“agree in part and disagree in part.”

Had we been present in the discussion (and it is easy to be a second-guesser from our lofty perch), we would have wondered if at least some of his reasons for the veto would be different if he were still the Polk County Sheriff.

One of the sections in the bill to which Governor Parson objected expanded the number of people eligible for state restitution if their convictions of crimes were overturned by a court proceeding and the prosecutor decided not to refile the charge.

Present law allows the state to pay someone $36,500 for each year that person was wrongly imprisoned if DNA evidence proves they are innocent.  The bill that the governor vetoed upped that figure to $65,000 and includes people set free by a “conviction review process” that was established by law two years ago.

It is the new, second, category of prisoner releases that troubles Governor Parson—and the 75% increase in restitution. The original figure, an amount based on $100 a day for each day of wrongful confinement, was enacted in 2006.  The new amount would be about $178 a day.

But here’s the meat of his objection, from his veto message to the legislature:

“With very few exceptions, criminal cases are tried by local governments (counties or municipalities).  The underlying offense, elected prosecutor, elected or retained judge, and community-drawn jury all come from the local jurisdiction and not the state as a whole. However, the burden of paying restitution under these provisions falls on all Missouri taxpayers…Missourians from every part of the state should not have to foot the bill for a local decision. Local governments should bear the financial cost of their own actions.”

Had I been in the discussion, I might have piped up with something such as:

“I agree that our justice system is administered by local people in local courtrooms.  But the offender was charged with violating a STATE law.  As I recall from years of reading court records at the local courthouse, the charges often—always?—end by saying the offense occurred “against the peace and dignity of the STATE.”

“The trial was held in a circuit court, which is a division of the STATE court system. The prosecutor, although locally-elected, is prosecuting the STATE law.  The jury, although made up of local citizens, is part of the STATE judicial process that determines guilty or not-guilty verdicts.

“The accused probably was held in a local jail but the STATE compensates the local jurisdiction for the costs of incarceration—-although local officials have complained the compensation isn’t close to adequate.”

“Clearly this is a state issue because everybody but the accused is acting on behalf of the STATE.”

“If the compensation, as you argue, should be made at the local level, who should be sued to gain restitution?  If such a reversal had happened when you were Polk County Sheriff, should YOU pay it—especially if you made the original arrest? Should the twelve members of the jury be held responsible for one-twelfth of the annual amount because they acted responsibly although incorrectly?   How much responsibility should fall on the shoulders of the judge who sent this ultimately-innocent person to jail for so many years?  Should Polk County have had some liability because its county prosecutor and its county sheriff were key figures in this process?

“And suppose this trial had been moved to another county on a change of venue. How much does that county have to pitch in?

“Polk County has about 33,000 residents.  Could a court order each resident to contribute two dollars per capita times the number of years this person was improperly imprisoned? Would that be a problem in a county with a per capita income of less than $25,000 a year?”

“Do you think you would get elected to another term as sheriff if you were the one who arrested this person to begin with?”

Well—I wasn’t part of the discussion and as I said, it’s easy to second-guess a decision such as this from a distance and without hearing the other voices. And it’s always a shame when so many good things combined into a bill are knocked down because the bill contains one problematic section that a governor thinks is poorly-written.

The legislature will have a chance to override the veto when it meets in about 50 days or so.  Or it can come back about six months from now and try again, fine-tuning the language and making a better argument for financial justice for someone from whom the STATE took away the most precious gift all of us are given—time.

 

“1776” in 2023

We still don’t have sports wagering in Missouri.  But we do have video lottery terminals—and that really aggravates the casino folks and the pro sports teams that have seen another year of huffing and puffing on their parts gone to waste.

Watching the annual efforts of the gaming industry to bully the legislature into giving it as sweet a sweetheart deal as possible on sports wagering while VLT advocates argue that they have a right to the gambling dollar, too, has become tiresome.  Casinos see VLTs as competition.  VLT people don’t disagree but say the idea that casinos should have a monopoly on emptying the pockets of gullible Missourians is, well, unfair.

There is, of course, nothing fair about commercial gambling regardless of whether it is conducted in noisy, gaudily decorated casinos or whether it’s conducted next to the pork rinds rack or the beer cooler at the convenience store.

Neither side is interested in compromise.  And the result has been for several years the same: a deadlock at the end of a legislative session that runs the session off the rails and kills a lot of legislation that has the possibility of a greater positive impact on the lives of Missourians.  Or maybe negative impact.  But those points haven’t gotten argued.

We are reminded of John Adams’ rant early in the musical “1776,” as he rails against Congress’s inability to decide whether to declare independence from Britain:

You see, we piddle, twiddle, and resolve
Not one damn thing do we solve
Piddle, twiddle, and resolve
Nothing’s ever solved in
Foul, fetid, fuming, foggy, filthy
Philadephia!

Now, to be honest, Jefferson City is none of those things. Well, mostly. It’s not foul or fetid or fuming and filthy, although at times in the spring and the fall when the water temperature of the Missouri River is several degrees different from the air temperature, there’s plenty of fog. One almost has to get out and lead their car across the bridge, the fog is so thick.

Casino gambling is legal. Sports wagering is not.  VLTs are legal as far as their advocates are concerned but there is no law allowing them or regulating them. One county has a court ruling that says VLTs are illegal in that county.

The future?  The people who can step in and solve the problem won’t do it.  There are no grownups in the room on this one.

One person is position to provide some leadership is Attorney General Andrew Bailey.  But the Post-Dispatch reported the other day that the issue is too “complex” for him to say whether VLTs are or are not legal or to take action to find out.

He apparently is not interested in determining what machines are legal and which ones are not—or to offer suggestions to legislators who might want to put the definition in the statute books.  The article quotes Bailey saying on St. Louis radio station KTRS, “It’s impossible to make a blanket determination that everything that looks like an illegal gaming machine must therefore by definition be an illegal gambling machine.”

Others, however, say a duck is a duck.

It’s a local issue, he says, not something for the state to determine.

So, does that mean that the legislature should just butt out of the VLT discussion?

Should the state butt out of the discussion of sports wagering, too?  Should that be a local issue?

Just imagine how much fun it would be to be able to place a sports bet while standing next to a gas hose attached to your car in Callaway County but not be able to try your luck at a VLT when you go inside to get some fake bacon to snack on while you drive to Boone County, where you can spend a few minutes risking the family fortune on a VLT but not be able to bet on a sporting event when you get a beer to wash down the fake bacon.

Then you go to Cooper County to empty your pockets at the blackjack table in a legal casino.

It wouldn’t hurt if the state’s top legal officer, instead of just brushing off the issue, offered to be a mediator.  It’s not one of his constitutional duties but our attorneys general of late have set a precedent, regrettable though it might be, of straying far beyond their constitutional duties—all the way to the southern border or into the elections held in selected states.

But that’s not going to happen.  The Post-Dispatch also reported that money is fueling the Piddling and the Twiddling.

It seems that two VLT companies have taken the state to court charging it is harassing them by trying to remove their machines from convenience stores although there’s no proven law making them illegal.  Normally the Attorney General is the defense attorney for the state when it is sued. Not Bailey.  The newspaper reports he took a $25,000 campaign donation from a political action committee with ties to former House Speaker Steve Tilley, now a lobbyist for a gambling company. The story also says Bailey had taken “tens of thousands of dollars” from the two VLT companies involved in the lawsuit.

Boy oh boy.  These folks certainly know how to cultivate the public’s confidence in government, don’t they?

Will the issue of sports wagering versus video lottery terminals be resolved by the 2024 legislature?

We consulted the most reliable predictor of future events, the Magic 8 Ball.  “Don’t count on it,” the ball said.   “My sources say no,” was another response. But there were three versions of “yes” when I kept asking.

Will there be more piddling and twiddling? “Sources point to yes,” said the ball.

So—there’s your definitive answer to this matter where the issues are so clear-cut and the participants are so vitally interested in what’s in the best public interest.

 

Disintegration

We’ve heard it several times in recent days and heard it again this past weekend when a talking head on one of the talking head shows said we are watching “the disintegration of the Republican Party” with the indictment of ex-president Trump and the early support he’s getting from his ardent supporters including two former Missouri Attorneys General.

Senator Josh Hawley calls the charge “an assault on our democracy, pure and simple,” interesting words coming from a man who encouraged that huge crowd of “tourists” to “tour” the U. S. Capitol in a memorable way two years ago.

His successor, Eric Schmitt, calls it “a purely partisan case.”  Schmitt is remembered because he decided to meddle in the 2020 election in four states in what surely was a non-partisan defense of popular democracy. Schmitt, as we recall, was 0-for-4.

And newly-minted Congressman Mark Alford from Raymore, who thinks prosecutor Alvin Bragg  “will clearly dig up old parking tickets if that means Donald Trump cannot run for President,” and says the charges are “nothing short of political persecution.”  Alford was one of Trump’s endorsement successes in the elections last year.

Politico reports, by the way, that Trump went 10-11 in his congressional endorsements last year, eight of those victories coming in districts that already leaned Republican, including Alford’s district.

It is important to remember that Trump is by far not the first federal public official to be indicted. Kentucky Congressman Matthew Lyon was found guilty of violating the Alien and Sedition Acts in 1798. He was re-elected while he spent four months in jail.

Until now, the highest federal official indicted was Vice-President Spiro agenew, who pleaded no contest to income tax evasion in 1973.

Much is made of Donald Trump being the first PRESIDENT indicted.  It’s worth noting historically but it has no meaning otherwise.  Lyon was the first member of the House to be indicted. Joseph R. Burton, in 1904, was the first sitting senator to be indicted—by a federal grand jury in St. Louis. He was convicted of taking a bribe, fined $2,500 and ordered to serve six months in jail in Ironton, Missouri. He resigned after losing two appeals to the Supreme Court.

The point is: Somebody has to be first.  Trump is the first ex-president to be indicted.

Point noted. He joins a firsts list of  Lyon, Burton, and Agnew.

Now, get on with it.

The headlines have gone to those who have thundered their support of Trump.  Slight notice has been paid to those who have been more judicious in their comments, if they have commented at all.

The silent ones will be the ones who count when it comes to a post-Trump GOP.

It seems obvious that inter-party support for Trump is declining and the ratcheting-up of the noise on his behalf is a strident indication that the remaining Trumpists know their grasp on the short hairs is weakening.

The Republican Party is not “disintegrating” as those who speak more broadly than discretion should suggest are suggesting.  Indictment by indictment, more and more Republicans will be willing to do unto Trump what he has done unto so many others—throw him under the bus (The phrase, by the way, is believed to have started in British politics in the late 1970s).

Here’s the difference between the Trump era of the Republican Party and the post-Trump era—it is the difference between a fish and a tree.

An old political saying, from an unknown origin is, “A fish rots from the head down.”  It generally means that when the leader of a movement dies, the movement will, through time, die too.

But a political party is not a fish.  A political party is more like a tree, which grows from its roots.  Its tip might die but when the dead part if lopped off, the lower part regrows.

So it will be for the Republican Party.  The focus today is on a diseased top branch.  When removed, whether by a windstorm of justice or by intentional cutting and pruning by those who are tired of dealing with it, the roots and the trunk will remain and they will sprout new branches and new, clean leaves.

The focus today is on an element of the national party.  But the roots and the trunk of the party are at the state level and they will remain, and not just in Missouri. The windstorm or the cutting and pruning might make the tree less attractive for a while or reduce its output of political fruit, but it will survive.

Many years ago, our last family vacation before children left for college and ultimately for the real world, we went to Yellowstone National Park.  It was the year after the great fires had blackened so much of the land.  But already we were seeing small green leaves emerge amidst the charred stumps and scorched grass.

The Republican Party will not disintegrate despite gloomy forecasts from talking heads, although the rotten top branch might be transformed in the political fireplace into an “ash heap of history” a phrase attributed to Ronald Reagan, whose party Trump usurped.