Monthly Archives: September 2020

Just doing his duty

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A warning:  When we composed this examination of current events, we did not realize it would generate a second chapter.  Today, chapter one.

A lot of people are getting all hot and sweaty about President Trump’s push to get his Supreme Court nominee confirmed by the Senate before the election so she can rule on any lawsuits about the legitimacy of the election that reaches it. He is convinced the only way he can lose is if there is massive voter fraud and he has lawyered-up to file a lot of lawsuits. Addressing that demagoguery is not our purpose here today.

Let’s talk about the process a little bit because it’s been a while for most of us since our political science classes in high school or college and with all of the shouting and finger-pointing going on, a bit of a refresher course might be in order.

First, the president said last week, “I have a constitutional obligation to put in nine judges—justices.”

Well, yes and no. Article two, section two of the United States Constitution says the president “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint….judges of the Supreme Court.” Note that it does not say how soon after a vacancy occurs the President must act.  It also does not say an incumbent President must act.

Article three, section one says, “The Judicial Power of the United States shall be vested in one supreme court and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme court and inferior courts shall hold their offices during good behavior and shall at all times receive for their services a compensation which shall not be diminished during their continuance in office.”

Now, there’s something we don’t hear discussed often.  These judges shall hold their offices “during good behavior.”  We went to Congress.gov to see what that means because most of us, your faithful observer included, who had not observed that qualification before and wonder what that means.

For those of you who think the only thing we have to do is read the Constitution to solve all of our problems, this is an example of the flaw in that argument.  One of many.

Congress.gov says, “This standard, borrowed from English law, ensures that federal judges hold their seats for life, rather than set terms or at the will of a superior. The applicability of the Good Behavior Clause to the removal of federal judges has been the subject of debate; in particular, whether the phrase elucidates a distinct standard for removal apart from the high crimes and misdemeanors standard applicable to the impeachment of other federal officers. While this question has not been definitively resolved, historical practice indicates an understanding that the Good Behavior Clause protects federal judges from removal for congressional disagreement with legal or political opinions.”

If you think the noise we are hearing about the president’s appointment is loud, imagine what would happen if Congress had the power to remove Supreme Court Justices with whom the majority of Congress disagreed? Why would it have to be the whole Congress, even?  The Senate is the chamber that confirms nominees to these offices.   The Senate giveth; the Senate taketh away.

Nothing is written that prohibits Congress from doing that. What is written is the power of the House to impeach federal public officials (Article one, section two, clause 5).  As we know, after the House files charges (impeachment), the trial is held by the Senate (Article one, section 3, clause seven). Not all federal officials can be impeached (Article two, section four, which also defines the misconduct that can lead to impeachment).

But impeachment is not expressly mentioned in Article three, the judicial article. Instead of listing specific causes for impeachment of Supreme Court Justices, the Constitution speaks of “good behavior,” and that, says Congress.gov, “is widely understood to provide the unique nature of judicial tenure.”

One interpreter of that standard said in 1983, “The nation’s founders so insulated the job against political pressures because they believed the mission of the federal courts requires a high degree of independence in the third branch. The security of life tenure, the Constitution’s framers thought, would encourage resistance by the federal branch to popular moods of the moment not properly expressed in laws, and would promote the fidelity of federal judges to the enduring values embodied in our fundamental instrument of government.”  The observation was given in the John R. Coen Lecture Series at the University of Colorado School of Law by United States Circuit Judge Ruth Bader Ginsberg.

Your observer has diverted himself from the theme of our discussion but the diversion, we hope, has helped understand the special nature of the third arm of our government.

Back to the president’s statement that he has a Constitutional responsibility to “put” nine judges on the U. S. Supreme Court.

Not really.  The word “immediate” is not in the Constitution. The words “without delay” also are not in it.

He can only do it if the Senate agrees to let him do it.  That’s where the Advice and Consent language kicks in.  He also is not required to make sure the court has nine justices. The number nine is not mentioned in the Constitution and the president’s fellow Republicans a few years ago had no qualms about leaving the court with eight judges for fourteen months so that the next president could make the appointment.  Did that hamstring our judicial system?

No, it did not. In fact we have found eight cases dating to 1973 in which the court tied, sometimes because of a vacancy but most often because one of the Justices did not take part in the decision for one reason or another.  Eight cases in 47 years hardly hamstrung the judicial system.  So there is no Constitutional requirement that the president appoint a ninth Justice.  He is not prohibited from doing so a few weeks before an election, either.  Nor is he prohibited from leaving a vacancy indefinitely.   But when he does suggest someone, the Senate is mandated to provide its blessing before that person can put on the robe.

In fact, there is nothing in the constitution requiring nine members of the U.S. Supreme Court, as you could see by reading the provisions at the top of this offering. We will get to that next week.  We will mention that the number of members of the U. S. Supreme Court is set by Congress, which is why we’re hearing Democrats say they’ll try to expand the court to keep it from swinging unacceptably (to them) to the right.

“Packing” the court, as it’s called, has its perils.  What happens if Congress decides a 9-3 court is too radical?  Would it raise the number of 19?  Lower it back to 9, kicking some judges off the bench in the process?

It is obvious that the contemporary situation is a dangerous one—not in terms of whether the potential new court member swings the court far to the right but whether the handling of the nomination by the president and his party will lead the Democrats to do something that spreads the chaos of the Legislative and Executive branches to the judicial branch, where calmness in determining the validity of our laws should prevail.

—at least, in a more perfect world.

We conclude by submitting that the arguments made in the Merritt Garland case are specious and do not apply in the current case. The public’s decision in 2016 to have a president and both houses of the Congress represented by one party does not give that party a license to act with impunity in the current instance, especially since that party has seen a reduction in its overall congressional numbers in the intervening election although gaining two seats in the Senate in 2018. The argument is a red herring.

The issue, created in the Garland case, is whether one party can act one way prior to an election and then four years later, act another way even closer to an election. Any discussion beyond that is political gymnastics. The people’s will seems to be changing, as seen in the change of party power in the House and concerns by Republicans that their control of the Senate after November is in jeopardy. The surveys indicating the public mood continues to change this year further weakens the argument that what was sauce for the goose in 2016 should not be sauce for the gander because of 2018.

But, let’s face it.  Senate Republicans don’t give a tinker’s dam what one old man on a quiet street in Middle America thinks.

Next week we’ll be back with some more history and a look at the court’s future, which could become worse for liberals and might not get back to 5-4 for a decade or more.

Rights

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(The public discussion of public rights is all about us, whether in the streets, on the campaign trails, or in the halls of Congress and the chambers of our courts.  Dr. Frank Crane warns that false government turns people against each other as he ponders—)

“THE RIGHTS OF MAN”

A book that ought to be studied by every young American, a book from which extracts ought to be included in every reader used in our public schools, is Thomas Paine’s “Rights of Man.”

Because of his severe criticism of conventional religion, in his “Age of Reason” and other writings, Tom Paine’s name used to be among the bugaboos for children, for long held place in that dreaded and horrific trinity of “Infidels,” Voltaire, Paine, and Ingersoll.

But this was more due to the temper of his time than to the nature of his works; for what was bold and terrible in the age of the beginnings of free inquiry may now be heard from the most orthodox pulpits. I can assure the cautious reader, however, that in the “Rights of Man” religion is scarcely mentioned and not at all attacked. So much for the odium theologicum.

Paine’s “Rights of Man” was composed as a reply to Burke’s attack upon the principles of republicanism as manifested in the French Revolution.

It is a clear, masterful, and virtuous statement of the fundamental ideas of democracy; and this is what recommends it to us. Written about the time of the birth of the United States, and dedicate to George Washington, it is now, after a century of experiment, still one of the best compendiums of democracy to be found on the library shelf. It deserves a place among the dozen epoch-making books of the race. Like Kant’s “Pure Reason,” Rousseau’s “Emile,” and Darwin’s “Origin of Species,” it is a mile-stone in human development that marks a point of progress that never can be retraced. There are few volumes that contain so many sentences all men ought to know by heart.

The whole delusion of monarchy is pitilessly exposed; it is shown how militarism is monarchy’s  natural right hand; the fallacy of punishment and governing by terror, and the injustice of inheritance and the established rule of the living by the dead are riddled by his clear reasoning.

Speaking of punishments, he says: “Lay then the axe to the root and teach governments humanity. It is their sanguinary punishments that corrupt mankind. It is over the lowest class of mankind that government by terror, instead of reason, is intended to operate, and it is on them it has its worst effect.  They afflict in turn the examples of terror they have been instructed to practice.”

He thus incisively marks the differences between a monarchy and a republic: “Governments arise either out of or over the people.” The despotic governments of Europe arose in conquest; those of France and America arose from the consent of society itself.

This for heredities: “The idea of hereditary rules or legislators is as inconstant as that of hereditary judges or hereditary juries; and as absurd as a hereditary mathematician; and as ridiculous as a hereditary poet laureate.”

Here are some other pointed sayings: “A man or a body of men holding themselves accountable to nobody ought not to be trusted by anybody.”

“When a man in a wrong cause attempts to steer his course by anything else than some polar truth or principle, he is sure to be lost. Neither memory nor invention will supply the want of this. The former fails him, and the latter betrays him.”

“Wrongs cannot have a legal descent.”

Placemen, job-holders, can find for the system or party under which they hold office “as many reasons as their salaries amount to.”

“Every war terminates with the addition of taxes. War therefore is a principal part of the system of autocracies. To establish any mode to abolish war, however advantageous it might be to the nation, would be to take from government the most lucrative of its branches. The frivolous matters upon which war is made show the avidity of governments to uphold the system of war, and betray the motives upon which they act.”

“The animosity which nations reciprocally entertain is nothing more than what the policy of their governments excites to keep up the spirits of their system. Each government accuses the other of perfidy, intrigue, and ambition, as a means of heating the imaginations of their respective nations, and incensing them to hostilities. MAN IS NOT THE ENEMY OF MAN, but through the medium of a false government

Book Club—III

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Our book club looks at Jon Meacham’s discussion of presidential leadership, or lack of it, and a single phrase that is used often.

Franklin D. Roosevelt’s statement, “We have nothing to fear but fear itself,” has been mentioned by our president as a justification for telling us we had nothing to fear from the coronavirus while knowing for some time that it is a fearsome thing.

Meacham’s The Soul of America spends a chapter on Roosevelt and the competing interests seeking power during The Great Depression.

As often happens on both side of the aisle, a noble phrase is cherry-picked from its context and used to justify an action (or inaction).  But when the quotation is seen in context, the meaning of it becomes entirely different.  Such is the case with “nothing to fear.” It hardly is an excuse to do nothing in the face of great danger.

The phrase was spoken at the beginning of FDR’s first inaugural address on March 4, 1933:

I am certain that my fellow Americans expect that on my induction into the Presidency I will address them with a candor and a decision which the present situation of our Nation impels. This is preeminently the time to speak the truth, the whole truth, frankly and boldly. Nor need we shrink from honestly facing conditions in our country today. This great Nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself–nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance. In every dark hour of our national life a leadership of frankness and vigor has met with that understanding and support of the people themselves which is essential to victory. I am convinced that you will again give that support to leadership in these critical days.

The leadership message is completely different—is it not?—when the line is put back in its proper place. Knowing history, not just knowing a sentence from it, could have changed an arc of our history in 2020.

After RGB 

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Ruth Bader Ginsburg didn’t make it to the end of the Trump administration as she had hoped.  Her dying wish reportedly dictated to her granddaughter was that she not be replaced before the election.  It appears that’s not going to be realized either.  Our president has belittled her last opinion, in fact, claiming without evidence that it was something composed by Adam Schiff or Nancy Pelosi, or Chuck Schumer, three of his favorite Democratic punching bags.

Your observer of the three branches of government for most of his life fears a 6-3 U. S. Supreme Court, regardless of any perceived partisan tilt, and thinks a 5-4 court is best regardless of any such tilt.  The law is a matter of constant fine-tuning, often on small points of difference. Progress under the law is best accomplished with a surgical instrument rather than with a hammer.  The length of time members of the court are allowed to serve is a crucial factor in whether equality under the law is balanced for the long-term welfare of the country. Rulings from a 5-4 court seem more likely to represent arguments based on law rather than decisions based on ideology.  And when ideology shapes the legal standards under which we all much live, the opportunity for Inequality seems more likely to grow.

It is clear that Senate leader Mitch McConnell’s desire for an immediate vote on an immediate appointment is more focused on ideology than on the law, more focused on power than on principle.  Our nation is best served when the differences between conservative and liberal are narrow, forcing participants to focus on principle rather than power, more on law than on ideology.  It is as true in our appellate court system as it should be true in our legislative halls.

Super-majorities breed arrogance, distract from the principle of service, and place value on power.  And unchallenged power is inimicable to a republic.

Senator McConnell, who argued in February, 2016 that President Obama’s choice for the U.S. Supreme Court, Merritt Garland, should not get a hearing, let alone a vote, because court vacancies should not be filled during an election year, now has constructed some gymnastics to justify contradicting his argument against Garland.

Whether the process can be rushed to completion before the election is held is unclear. The process usually takes longer than the time between now and voting day. But it appears Senator McConnell will push that process.

The filling of this vacancy has instantly changed the presidential campaign and can instantly change campaigns for the U. S. Senate, including McConnell’s.  When the confirmation vote nears, we’ll see if some senators facing close contests might want to wait until after the election rather than rush to a vote before.

As if we voters don’t have enough to think about.

“May you live in interesting times” is a supposedly ancient Chinese curse—although scholars have found no such expression in Chinese.  There is, however, a Chinese phrase from a 1627 collection of short stories: “Better to be a dog in times of tranquility than a human in times of chaos.”

It appears we’re going to have a 6-3 court.  That doesn’t guarantee that the most conservative issues will be rubber-stamped, as we have seen from time to time when the court has surprised us with a ruling when a swing judge develops. Now, however, it’s going to take TWO swing judges when the court’s liberals prevail, a mountain too steep to climb most of the time. But the court’s own history indicates 6-3 is not always going to be a given.

Sometimes, however, being a dog, especially in times of chaos, is appealing, too.

Our application

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We have not been posting comments on current affairs on any day but Wednesday for some time but Nancy, the insightful wife of your loyal correspondent, asked a question yesterday that prompts this rare Tuesday inquiry.

A few days ago we received in the mail—and maybe you did, too, if you live in Missouri—a “Missouri Vote-By-Mail Kit.”  It was not sent to us by our county clerk although it is to be sent to that person.  It was not sent to us by the Secretary of State, the state’s top election official, who is facing a lawsuit filed by a voting rights group accusing him and local election officials of violating the rights of voters by making them do extra things and risk their health to vote in November.  Whether that is an appropriate or accurate allegation is for the courts to decide.

The point is: This “kit” does not come from anybody who will be administering our November elections.

It comes from Uniting Missouri Political Action Committee, an organization that supports Governor Parson’s re-election.  It includes vote-by-mail applications for Nancy and her husband to finish filing out—a few check marks here and there, a telephone number, an email address and a signature line.  All we would have to do is fill in those blanks and send the application to the county clerk.

But Nancy noticed the address on the “kit.”  It was addressed to “The Priddy Household or Current Resident.”

“What if somebody else was living here?” she asked.

A Current Resident.

That makes us a little nervous.  What if the Priddy Household had re-located?  What if the people at this address filled out this form and signed our names to it?   What if the email address didn’t have our names in it—many don’t.  What if the signatures were close enough to the signatures on file with the clerk’s office that an employee there decided “close enough” was good enough?  If the signature by Current Resident doesn’t match and a clerk’s employee calls the phone number listed (which would not be our own) the Current Resident could apologize and say it’s the best they could do since breaking their wrist last week.

We wonder if this mailing won’t just make the Cole County Clerk’s job more difficult.

What if we were to later re-register and go to our regular polling place on November 3 and be told we already had voted?

We worry that this “kit” could lead to confusion at best and voter fraud at worst.

We wonder how this political action committee can encourage a voting process that its party’s presidential candidate constantly blasts as already rife with fraud.

Perhaps those presidential concerns are neutralized by a message on the outside of the kit: “Our Republican candidates up and down the ballot are counting on you to cast your vote this year.  Liberal Democrats hope you’ll let fear stop you from voting. Don’t let the Democrats win!”

It also reminds us to “Stay Safe. Vote by Mail.”

Us.   Or the Current Resident.

Of course, if the Current Resident (who might not be us) were to vote by mail, we couldn’t “stay safe” in OUR voting, could we?

Well, it’s kind of academic in our case because we are the Current Resident and we plan to risk our lives, if you will, by FEARLESSLY donning our masks, going to our voting place on November 3, and casting our ballots.  Who we vote for is none of your business. But fear won’t keep up us from voting.

Will this piece of mail lead us to bear any kind of a grudge against Governor Parson?  No. Our perceptions of candidates are not based on what we get from them in the mail but are based on what we learn and what we know about them. We suggest that is a course for all responsible voters.

In fact, as we have noted before in some of these entries, it’s a good thing that we don’t base our votes on the crap we get in the mail from their campaigns.

Current resident might.  But not The Priddy Household.

 

 

 

What is law?

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(Before Dr. Frank Crane became a minister he thought of many other careers. He studied law for a year with a lawyer in Shelbyville, Illinois—not far from where your correspondent grew up—“But two or three visits to the court-room cured me of that…While I loved law as a science or a collection of ideas, I was repelled by the rough-and-tumble of courtrooms” he wrote in an autobiographical essay many years later. But law, universal law, remained part of him and in the wake of the death of Justice Ruth Bader Ginsberg, we thought of Dr. Crane’s reflection on—)

LAW

I am Law. I am Nature’s way. I am God’s way.

By me comes order, unity. In my hand I hold three gifts: health, happiness, and success.

Those who do not follow me are devoured by the dogs of disease, misery, and failure.

The ignorant fear me; they run from my face; they tremble at my voice; but the wise love me and seek me forever. I am their desired lover.

Fools think to outwit me and that no son of man has ever done.

I am more clever than the cleverest. I am stronger than the strongest. I am old as God. I never sleep. I never err. I am virile as youth. I am accurate as mathematics. I am beautiful as poetry. I am sweet as music.

Without me there could be no art, no harmony of sounds, no cham of landscape or picture, no government, no life.

I am the secret of goodness. I am the horror of sin.

I am the eternal path, and besides me there is none else. Without me men wander in the labyrinth of death.

Heaven is where I am. Hell is where I am not.

I am efficiency in man. I am loveliness in woman.

I am everywhere: in every wrinkle of the infinite waves of water, in the oak, in the brain, in nourishment, in excreta, in disease, in soundness, in the lover’s clasp, in the corps, in the stars, in the storms.

I whirl. I dance. I flame. I freeze, but always mathematically. For I am more intricate than calculus, more accurate than any instrument.

They that live by me find peace.

They that kiss me find love.

They that walk with me come at last to God.

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Book Club II

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We continue our book club meeting

Jon Meacham’s The Soul of America recalls times similar to our own as proof that our nation can rise above events and recurring trends to establish new levels of greatness.  One of the heroes of his narrative is a president we don’t think about very often.

Calvin Coolidge, a Republican who served 1923-29, is sometimes referred to as “Silent Cal” because he supposedly was a man of few words.  But he was a man of many words when he spoke to the national convention of the American Legion on October 6, 1925.  In an era when the Ku Klux Klan had been revived and when it had claimed just two years earlier to have 227 of its members in the House of Representatives, 27 in the Senate, and that President Harding had been sworn in as a member in the White House Dining Room (a claim dismissed by the following Coolidge administration as “too ridiculous to discuss”) Silent Cal was vociferous in his repudiation of the KKK and its “100% Americanism,” part of which appears in Meacham’s book. We are going to look at a longer excerpt today.

Whatever tends to standardize the community, to establish fixed and rigid modes of thought, tends to fossilize society. If we all believed the same thing and thought the same thoughts and applied the same valuations to all the occurrences about us, we should reach a state of equilibrium closely akin to an intellectual and spiritual paralysis. It is the ferment of ideas, the clash of disagreeing judgments, the privilege of the individual to develop his own thoughts and shape his own character, that makes progress possible. It is not possible to learn much from those who uniformly agree with us. But many useful things are learned from those who disagree with us; and even when we can gain nothing our differences are likely to do us no harm.

In this period of after war rigidity, suspicion, and intolerance our own country has not been exempt from unfortunate experiences…But among some of the varying racial, religious, and social groups of our people there have been manifestations of an intolerance of opinion, a narrowness to outlook, a fixity of judgment, against which we may well be warned. It is not easy to conceive of anything that would be more unfortunate in a community based upon the ideals of which Americans boast than any considerable development of intolerance as regards religion. To a great extent this country owes its beginnings to the determination of our hardy ancestors to maintain complete freedom in religion. Instead of a state church we have decreed that every citizen shall be free to follow the dictates of his own conscience as to his religious beliefs and affiliations. Under that guaranty we have erected a system which certainly is justified by its fruits. Under no other could we have dared to invite the peoples of all countries and creeds to come here and unite with us in creating the State of which we are all citizens.

But having invited them here, having accepted their great and varied contributions to the building of the Nation, it is for us to maintain in all good faith those liberal institutions and traditions which have been so productive of good.

The bringing together of all these different national, racial, religious, and cultural elements has made our country a kind of composite of the rest of the world, and we can render no greater service than by demonstrating the possibility of harmonious cooperation among so many various groups. Every one of them has something characteristic and significant of great value to cast into the common fund of our material, intellectual, and spiritual resources. The war brought a great test of our experiment in amalgamating these varied factors into a real Nation, with the ideals and aspirations of a united people. None was excepted from the obligation to serve when the hour of danger struck. The event proved that our theory had been sound. On a solid foundation of a national unity there had been erected a superstructure which in its varied parts had offered full opportunity to develop all the range of talents and genius that had gone into its making. Well-nigh all the races, religions, and nationalities of the world were represented in the armed forces of this Nation, as they were in the body of our population. No man’s patriotism was impugned or service questioned because of his racial origin, his political opinion, or his religious convictions. Immigrants and sons of immigrants from the central European countries fought side by side with those who descended from the countries which were our allies; with the sons of equatorial Africa; and with the Red men of our own aboriginal population, all of them equally proud of the name Americans.

We must not, in times of peace, permit ourselves to lose any part from this structure of patriotic unity. I make no plea for leniency toward those who are criminal or vicious, are open enemies of society and are not prepared to accept the true standards of our citizenship. By tolerance I do not mean indifference to evil. I mean respect for different kinds of good. Whether one traces his Americanisms back three centuries to the Mayflower, or three years to the steerage, is not half so important as whether his Americanism of today is real and genuine. No matter by what various crafts we came here, we are all now in the same boat. You men constituted the crew of our “Ship of State” during her passage through the roughest waters. You made up the watch and held the danger posts when the storm was fiercest. You brought her safely and triumphantly into port. Out of that experience you have learned the lessons of discipline, tolerance, respect for authority, and regard for the basic manhood of your neighbor. You bore aloft a standard of patriotic conduct and civic integrity, to which all could repair. Such a standard, with a like common appeal, must be upheld just as firmly and unitedly now in time of peace. Among citizens honestly devoted to the maintenance of that standard, there need be small concern about differences of individual opinion in other regards. Granting first the essentials of loyalty to our country and to our fundamental institutions, we may not only overlook, but we may encourage differences of opinion as to other things. For differences of this kind will certainly be elements of strength rather than of weakness. They will give variety to our tastes and interests. They will broaden our vision, strengthen our understanding, encourage the true humanities, and enrich our whole mode and conception of life. I recognize the full and complete necessity of 100 per cent Americanism, but 100 per cent Americanism may be made up of many various elements.

If we are to have that harmony and tranquillity, that union of spirit which is the foundation of real national genius and national progress, we must all realize that there are true Americans who did not happen to be born in our section of the country, who do not attend our place of religious worship, who are not of our racial stock, or who are not proficient in our language. If we are to create on this continent a free Republic and an enlightened civilization that will be capable of reflecting the true greatness and glory of mankind, it will be necessary to regard these differences as accidental and unessential. We shall have to look beyond the outward manifestations of race and creed. Divine Providence has not bestowed upon any race a monopoly of patriotism and character.

Meacham writes that after the speech, Rev. Henry Hugh Proctor of the First Congregational Church of Atlanta and a graduate of Fisk College (now a Historically Black College or University) called the speech “the bravest word spoken by any Executive in threescore years. It wounded like Lincoln.”

 

Journalist vs. citizen

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The criticism of Bob Woodward for not making public sooner our president’s remarks indicating he had early knowledge of the dangers of the coronavirus but chose not to tell the public rekindles an old and probably unresolvable question.

Is a reporter a citizen first or a journalist first?  The question probably has been raised most often when a cameraman or a reporter shoots video of a bad event happening without personally intervening to limit or prohibit harm to one or the other of the participants.

The issue has a broader context in the time of cell phone videos that lately have become triggers for more events. At what point does a citizen have a responsibility to put away a cell phone and step in to keep harm from happening to a fellow citizen? It’s not just the reporter who must make a split-second decision. The potential now exists for all of us.

Woodward is being criticized for not revealing the president’s (we think) terrible decision to conceal the dangers of the virus while assuring the public for several weeks that everything was under control and would be fine.  While the president claimed he did not want to cause a panic, anyone with any knowledge of history knows this nation does not panic. It has reflected uncertainty but it relatively quickly has steadied itself and acted. It did not panic after 9-11. It got angry. It picked up pieces. It mourned. It exhibited empathy and sympathy and dedication.

When Pearl Harbor was bombed, the nation did not panic. It gathered itself, dedicated itself to necessary steps to fight back.

In those two instances, we went to war.

Name your historical catastrophe and you won’t find national panic. We have a tendency to absorb our tragedies, mourn our losses, and take necessary steps to come back. We might hazard the observation that a president who doesn’t understand that lacks a significant understanding of his country.

If the president wouldn’t shoot straight with the people, should Woodward have stepped forward? And when?

Let’s turn to the Poynter Institute, a journalism think tank if you will that studies issues within journalism—including ethics.  Al Tompkins is a senior faculty member and someone I highly respect.  He asked whether it was ethical for Woodward to withhold that information: https://www.poynter.org/ethics-trust/2020/was-it-unethical-bob-woodward-to-withhold-trumps-coronavirus-interviews-for-months/

The institute’s senior media writer, Tom Jones, had his take: https://www.poynter.org/newsletters/2020/more-fallout-from-bob-woodwards-book-on-donald-trump/

We don’t expect you to read all the way through these pieces; we present them to show that journalists face issues such as this every day, just about, and we do not treat them cavalierly.  The stories are seldom as severe as the coronavirus. But the issue of when a reporter has enough to go to press or to put it on the air is something we face a lot.

Rushing a story into print or onto the air without waiting for the context of the story to develop might do no one any good.

We are not sure Woodward should have released that first tape with our president as the president was saying telling the public that everything was under control and the fifteen present cases soon will be down to zero.  The dilemma grows as circumstances change and additional interviews are recorded with additional actions and words—or the lack of them—that make the story more important.  When does the weight of the accumulated information reach a tipping point? And as events advance, what is the best way to handle a changing tipping point?  Reporters sometimes reach a point of asking whether releasing the information will stop the story’s evolution or whether the public is better served by letting the story keep unravelling.  Does the reporter have a responsibility to a public figure to keep that person from digging a deeper hole for himself or herself? Or is it an ethical violation to tell that person to quit shoveling?   This reporter never felt he had any business telling an office-holder he should not be doing troubling acts. But there were plenty of times when it became clear that public awareness of a situation was paramount.

At a certain point, some stories move beyond the ability of the reporter to stop observing and start writing. The evaluation of when that point is reached is purely subjective. When is the time to get off the horse although the horse keeps moving?  Why not wait to see where the horse goes?

Did Bob Woodward have to sit on those tapes as long as he did?  If not, when should he have written the story?  And would writing the story have made any difference in the president’s attitude and actions?  Would publishing the story earlier have saved any lives?  Or would the president have just dismissed the story as more fake news and continued his course?

There also are times when promises are made by a reporter to get a source to divulge information. We don’t know if there was such an arrangement in this case but the reporter-source relationship is essential to the eventual flow of information and promises of anonymity or promises of holding information that is only part of a story must be honored, uncomfortable though it might be for the reporter.

We don’t know about that relationship and speculation about the potential benefits of early release of information is not our long suit. But the issue is a complicated one and it is far easier to analyze the issue after the fact than when the reporter is caught up in the events developing around him or her.

These questions however ignore the central issue and the central issue is not what Bob Woodward learned and did not report.

President Trump knew what Bob Woodward knew before Woodward knew it.  Our president knew about this virus first. He could have reacted differently and many think he should have done so. Maybe Woodward should have reported the information sooner. But the person who could have acted differently than he did because he had the information first, did not.

Which of them bore the primary responsibility for alerting the public to the danger it was going to face?

Bottom line: Actions speak louder than words. If actions had been taken by the president then, words today from Bob Woodward might not have the impact they are having.

In fact, they might not even be a story, let alone a book.

Our disputatious times

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(Two weeks from tomorrow is the first presidential debate of the 2020 campaign. Whether these debates become a reasonable point-counterpoint discussion of the future of our country or become continuations of our daily contention and controversies is something we’ll have to wait to see. Dr. Frank Crane explores—–)

THE ETHICS OF CONTROVERSY

Everything is disputable. I am willing to entertain arguments in support of any proposition whatsoever.

If you want to defend theft, mayhem, adultery, or murder, state your case, bring on your reasons; for in endeavoring to prove an indefensible thing you discover for yourself how foolish is your thesis.

But it is essential to any controversy, if it is to be of any use, first, that the issue be clearly understood by both sides.

Most contentions amount merely to a difference of definition. Agree, therefore, exactly upon what it is you are discussing. If possible, set down your statements in writing.

Most argument is a wandering from the subject, a confusion of the question, an increasing divergence from the point. Stick to the matter in hand.

When your adversary brings in subjects not relevant, do not attempt to answer them. Ignore them, lest you both go astray and drift into empty vituperation.

For instance, President Wilson, in the “Lusitania” incident, called Germany’s attention to the fact that her submarines had destroyed a merchant ship upon the high seas, the whole point being that this had been done without challenge or search and without giving non-combatant citizens of a neutral country a chance for their lives. Germany’s reply discussed points that had no bearing upon this issue, such as various acts of England. Mr. Wilson, in his reply, wisely refused to discuss these irrelevant things, an example of intelligent controversy.

Keep cool. The worse your case, the louder your voice.

Be courteous. Avoid epithets. Do not use language calculated to anger or offend your opponent. Such terms weaken the strength of your position.

A controversy is a conflict of reasons, not of passions. The more heat the less sense.

Keep down your ego. Do not boast. Do not emphasize what you think, what you believe, and what you feel; but try to put forth such statements as will induce your opponent to think, believe, and feel rationally.

Wait. Give your adversary all the time he wants to vent his views. Let him talk himself out. Wait your turn, and begin only when he is through.

Agree with him as far as you can. Give due weight, and a little more, to his opinions. It was the art of Socrates, the greatest of controversialists, to let a man run the length of his rope, that is, to talk until he had himself seen the absurdity of his contention.

Most men argue simply to air their convictions. Give them room. Often when they have fully exhausted their notions they will come gently back to where you want them. They are best convinced when they convince themselves.

Avoid tricks, catches, and the like. Do not take advantage of your opponent’s slip of the tongue. Let him have the impression that you are treating him fairly.

Do not get into any discussion unless you can make it a sincere effort to discover the truth, and not to overcome, out-talk, or humiliate your opponent.

Do not discuss at all with one who has his mind made up beforehand. It is usually profitless to argue upon religion, because as a rule men’s opinions here are reached not by reason but by feeling or by custom. Nothing is more interesting and profitable, however, than to discuss religion with an open-minded person, yet such a one is a very rare bird.

If you meet a man full of egotism or prejudices, do not argue with him. Let him have his say, agree with him as you can, and for the rest—smile.

Controversy may be made a most friendly and helpful exercise, if it be undertaken by two well-tempered and courteous minds.

Vain contention, on the contrary, is of no use except to deepen enmity.

Controversy is a game for strong minds; contention is a game for the weak and undisciplined.

Book Club

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Your correspondent has been reading a remarkable book, Jon Meacham’s The Soul of America; the Battle for our Better Angels.   For those who are dismayed by the present political condition of our nation, Meacham offers comforting words that we’ve seen these days before and we always have come out of them because this nation refuses to be consumed by fear and grows greater because it remains a nation of hope.

If you have not read it, get it.  If you are less than optimistic in these complicated times, Meacham will teach you that we live in a resilient nation.  I am reminded of the musical The Unsinkable Molly Brown in which Molly proclaims early in the story, “Nobody wants to see me down like I wants to see me up!”

Our book club’s membership rules are simple.  Get the book.  Read it.  We won’t hold meetings except in this space, which means there’s plenty of room for discussion and we don’t have to worry about staying six feet apart.

Beginning today, we’re going to reach into this book that is filled with quotations from our presidents to provide you with a weekly quotation on the presidency at least through the election.  We begin with this observation from President Dwight D. Eisenhower, a Republican who served 1953-1961:

I happen to know a little bit about leadership. I’ve had to work with a lot of nations, for that matter, at odds with each other. And I tell you this: you do not lead by hitting people over the head. Any damn fool can do that, but it’s usually called “assault”—not “leadership.”…I’ll tell you what leadership is. It’s persuasion—and conciliation—and education—and patience. It’s long, slow tough work. That’s the only kind of leadership I know—or believe in—or will practice.”

We’ll have another thought from another president next Friday.

Your correspondent has been reading a remarkable book, Jon Meacham’s The Soul of America; the Battle for our Better Angels.   For those who are dismayed by the present political condition of our nation, from whatever perspective you see it, Meacham offers comforting words that we’ve seen these days before and we always have come out of them because this nation refuses to be consumed by fear and grows greater because it remains a nation of hope.

If you have not read it, get it.  If you are less than optimistic in these complicated times, Meacham will teach you that we live in a resilient nation.  I am reminded of the musical The Unsinkable Molly Brown in which Molly proclaims early in the story, “Nobody wants to see me down like I wants to see me up!”

Our book club’s membership rules are simple.  Get the book.  Read it.  We won’t hold meetings except in this space, which means there’s plenty of room for discussion and we don’t have to worry about staying six feet apart.

Beginning today, we’re going to reach into this book that is filled with quotations from our presidents to provide you with a weekly quotation on the presidency.  We begin with this observation from President Dwight D. Eisenhower, a Republican who served 1953-1961:

 I happen to know a little bit about leadership. I’ve had to work with a lot of nations, for that matter, at odds with each other. And I tell you this: you do not lead by hitting people over the head. Any damn fool can do that, but it’s usually called “assault”—not “leadership.”…I’ll tell you what leadership is. It’s persuasion—and conciliation—and education—and patience. It’s long, slow tough work. That’s the only kind of leadership I know—or believe in—or will practice.”

We’ll have another thought from another president next Friday.