Category Archives: Congress

The Rules Don’t Apply to Me

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Four years later, the Leopard still has his spots.

Donald Trump has wasted no time proclaiming in word and deed that rules and laws do not apply to him. After all, his victory “was the greatest political movement of all time.”

He said during his campaign he wanted to be a dictator on day one. He’s not even waiting that long. He’s already ignoring the law and in a dangerous way.

New York Times reporter Ken Bensinger reported earlier this week that Trump “has not submitted a required ethics plan stating he will avoid conflicts of interest.”

The Trump transition team was hired in August “but has refused to participate in the normal handoff process, which typically begins months before the election.” Because of that, the Trump team is barred from national security briefings. The committee also has been denied access to federal agencies. The team reportedly has “an intent” to sign the agreements. But nobody has.

Concerns about Trump’s ethical lapses (to substantially understate the point) in his first term led Congress in 2019 to require candidates to post an ethics plan before the election and how the person would address conflict of issues accusations during their presidential terms, regardless of how far they get in the process.  Trump announced then that he would not divest his assets or put them in a blind trust, as office-holders usually do to separate themselves from making decisions that would benefit them while in office. Bensinger says the watchdog group, Citizens for Responsibility and Ethics in Washington has identified 3,400-plus Trumpian conflicts in his first four years as President.

Both President Biden and Vice-President Harris  had no trouble signing the agreements during the recently-concluded campaign. But signing them apparently was too inconvenient on the other side. Doing so apparently would distract from cooking up cat-eating conspiracies and fake reports of Venezuelan gangs taking over Colorado apartments.

Frequent Trump critic, Congressman Jamie Raskin of Maryland, charges Trump is “thumbing his nose” at the requirements. Raskin says refusal to sign the documents keeps the Trump transition team from getting $7.2 million in transition money.  The program puts $5,000 limits on individual donations to the transition effort.  But since Trump refuses to sign the ethics code, he can raise money hand over fist and now have to report who gave it to him.

There’s an even bigger issue that would be trouble for people who think they are not above the law:  Refusal to sign the ethics documents means none of the transition team can get security clearances that will give them access to 438 federal agencies’ records.

But who needs that?  After all, we’re dealing with someone who thinks he knows everything already. Nobody knows the political system better than me, which is why I alone can fix it,” had modestly observed in his first campaign.

Even more recently, Trump demanded that the next leader of the U. S. Senate not stand in the way of his appointments to key positions by letting him make what are called recess appointments.

And those seeking power in the Senate are saying, in effect, “Yes Sir. Whatever you want, sir.”

Recess appointments are intended to respond to emergencies. They can stay in place for a couple of years without seeking advice and consent form the Senate. He has openly said he wants to avoid opposition to his choices. He said on his personal social media site, “Any Republican Senator seeking the coveted LEADERSHIP position in the United States Senate must agree to Recess Appointments…without which we will not be able to get people confirmed in a timely manner.”

Senate confirmation of appointments has been one of the great checks and balances in the American system of government. They demand, on behalf of the American people, accountability from the nominees as well as from the President making the nominations.

Sadly, the three front-runners as Mitch McConnell’s replacement have quickly drunk from the Trump Kool-Aid pitcher on this. Trump favors Florida Senator Rick Scott for the job. His election will tell us a lot about whether the Senate will maintain any independence from the White House.

So far, however, thee’s no guarantee that every other Senator will go along with Trump’s dictates.  Some of those who survived January 6th aren’t happy with plans to pardon many of the peaceful tourists who convinced members of Congress they weren’t interested in tourism. Some also think his tariff plans are impractical. Those who resist will be threatened with well-funded primary opponents in their re-election bids, a visceral threat. Loyalty to him is the only thing that matters with Trump.

Trump also wants all judicial appointments by President Biden halted until Republicans take control of the Senate.  Damn the process! Forget about checks and balances. The only judges fit to sit on the federal bench are those that must prove their loyalty is beyond (or is beneath?) the law alone. That appears to be a no-brainer for the bunch that refused to even let Merritt Garland have a hearing months before the end of the Obama presidency so Trump could get a head start on loading the court.

Last night, the Wall Street Journal reported the Trump transition team is creating an executive order that would establish a so-called “warrior board” of retired general and noncoms to recommend dismissals of generals that Trump considers disloyal, were involved in the Afghanistan withdrawal in 2021 or have suggested policies that are considered too liberal. The report says the generals could be kicked out of the service for “lacking in requisite leadership qualities,” a vague phrase that so far has not been explained by the transition team.

A military loyal to Trump more than it is loyal to the nation and its Constitution is something he promised during his campaign to do.

Well, this is the bed made by those who don’t like his mouth but think his policies are okay.  Forget ethics and laws and constitutional limits on presidential power. Within a week after his election, Donald Trump has blatantly asserted that the rules and the laws do not apply to him.

And he is more than two months away from taking office.

I am terribly scared of this man.

Veterans Day

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It was called Armistice Day for a long time, celebrating the end of World War I. That morning of November 11, 1918, the Army’s Battery D, commanded by Captain Harry Truman fired its last 164 cannon shots at the “Hun.”

Truman had taken control of a unit known for its “wild” soldiers as the “Dizzy D.”  It was a group of tough young Missouri National Guardsmen who had worn out three other commanding officers and who ridiculed the professorial-appearing Truman after he first addressed them. Later that evening the unit got into a drunken brawl that sent four of them to the infirmary.

Truman was never one to tolerate foolishness and the men of the Dizzy D got the message the next morning when he posted a list showing about half of the noncommissioned officers had been demoted, along with several PFCs.

While Truman was writing a letter to his fiancé, Bess Wallace, on November 10, and commented: 1

“The Hun is yelling for peace like a stuck hog…When you see some of things those birds did and then hear the talk they put up for peace it doesn’t impress you at all. A complete and thorough thrashing is all they’ve got coming and take my word they’re getting it and getting it right.”

He was writing another letter to Bess the next day when he got notice the Germans had surrendered.  For Truman, surrender was too good for them:

“I knew that Germany could not stand the gaff. For all their preparedness and swashbuckling talk they cannot stand adversity. France was whipped for four years and never gave up and one good licking suffices for Germany. What pleases me most is that I was able to take the battery through the last drive. The battery has shot something over 1000 rounds at the Hun and I am sure they had a slight effect.”

Captain Truman rose to be the Commander in Chief of all of our country’s military forces. We think his message to Congress delivered March 12, 1947, not quite two years into his first term as President, in which he began what later became known as the Truman Doctrine has some echoes for our times.

One of the primary objectives of the foreign policy of the United States is the creation of conditions in which we and other nations will be able to work out a way of life free from coercion. This was a fundamental issue in the war with Germany and Japan. Our victory was won over countries which sought to impose their will, and their way of life, upon other nations.

To ensure the peaceful development of nations, free from coercion, the United States has taken a leading part in establishing the United Nations, The United Nations is designed to make possible lasting freedom and independence for all its members.

We shall not realize our objectives, however, unless we are willing to help free peoples to maintain their free institutions and their national integrity against aggressive movements that seek to impose upon them totalitarian regimes. This is no more than a frank recognition that totalitarian regimes imposed on free peoples, by direct or indirect aggression, undermine the foundations of international peace and hence the security of the United States.

The peoples of a number of countries of the world have recently had totalitarian regimes forced upon them against their will. The Government of the United States has made frequent protests against coercion and intimidation, in violation of the Yalta agreement, in Poland, Rumania, and Bulgaria. I must also state that in a number of other countries there have been similar developments.

At the present moment in world history nearly every nation must choose between alternative ways of life. The choice is too often not a free one. One way of life is based upon the will of the majority, and is distinguished by free institutions, representative government, free elections, guarantees of individual liberty, freedom of speech and religion, and freedom from political oppression.

The second way of life is based upon the will of a minority forcibly imposed upon the majority. It relies upon terror and oppression, a controlled press and radio; fixed elections, and the suppression of personal freedoms. I believe that it must be the policy of the United States to support free peoples who are resisting attempted subjugation by armed minorities or by outside pressures. I believe that we must assist free peoples to work out their own destinies in their own way. I believe that our help should be primarily through economic and financial aid which is essential to economic stability and orderly political processes. The world is not static, and the status quo is not sacred. But we cannot allow changes in the status quo in violation of the Charter of the United Nations by such methods as coercion, or by such subterfuges as political infiltration.

In helping free and independent nations to maintain their freedom, the United States will be giving effect to the principles of the Charter of the United Nations. It is necessary only to glance at a map to realize that the survival and integrity of the Greek nation are of grave importance in a much wider situation… The disappearance of Greece as an independent state would have a profound effect upon those countries in Europe whose peoples are struggling against great difficulties to maintain their freedoms and their independence while they repair the damages of war. It would be an unspeakable tragedy if these countries, which have struggled so long against overwhelming odds, should lose that victory for which they sacrificed so much. Collapse of free institutions and loss of independence would be disastrous not only for them but for the world.  Discouragement and possibly failure would quickly be the lot of neighboring peoples striving to maintain their freedom and independence.

He called for “immediate and resolute action” to save Greece and Turkey—by authorizing aid totaling $400-million. He also asked Congress to allow American civilians and military personnel to help those countries re-build and to provide needed “commodities, supplies and equipment.”

This is a serious course upon which we embark. I would not recommend it except that the alternative is much more serious. The United States contributed $341,000,000,000 toward winning World War II…It is only common sense that we should safeguard this investment and make sure that it was not in vain.

The seeds of totalitarian regimes are nurtured by misery and want. They spread and grow in the evil soil of poverty and strife. They reach their full growth when the hope of a people for a better life has died. We must keep that hope alive. The free peoples of the world look to us for support in maintaining their freedoms. If we falter in our leadership, we may endanger the peace of the world — and we shall surely endanger the welfare of our own nation.

On this Veterans Day, it is vitally important that we remember our veterans not only for the freedoms they had protected for us, but to remember that we understand the freedoms they also have given other peoples.

As we look with uncertainty about the return of a former President whose record in international support of free nations is cause for concern, we should keep in mind the last lines quoted above—”The free peoples of the world look to us for support in maintaining their freedoms. If we falter in our leadership, we may endanger the peace of the world — and we shall surely endanger the welfare of our own nation.”

Harry Truman was a leader in two world wars. We should honor his service and his call for this nation to never back down from its role as a world leader for freedom.

(Picture credit: Pathe News)

Why Speaker Johnson Wants a Fake Law

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House Speaker Mike Johnson admits he doesn’t KNOW that there is a problem with non-citizens voting but he wants a law banning them from doing it.  “We all know, intuitively, that a lot of illegals are voting in federal elections. But it’s not been something that is easily provable. We don’t have that number. This legislation will allow us to do exactly that — it will prevent that from happening. And if someone tries to do it, it will now be unlawful within the states,” he said.

Intuition?

Wouldn’t you think that the Speaker of the U.S. House of Representatives would know this country has had a law since 1996 that bars non-citizens from voting in federal elections?

Johnson started talking about the potential law after a recent visit to Mar-a-Lago, whose resident golf course champion told Iowans heading to their caucuses in January that immigrants are Democratic political tools:

“That’s why they are allowing these people to come in — people that don’t speak our language — they are signing them up to vote.  And I believe that’s why you are having millions of people pour into our country and it could very well affect the next election. That’s why they are doing it.”

—-Which is a load of equine byproduct.

Rebecca Beitsch and Rafael Bernal, writing for The Hill political newsletter in Washington, talked to people who easily refute Speaker Johnson’s claim that “it’s not something that is easily provable. We don’t have the numbers.”  Johnson could have talked to the same people, but who needs facts when your politically-shaped intuition can be used to malign a big segment of our population and the opposing party as well?

The Hill reporters went to Senior Counsel Eliza Sweren-Becker with the Brennan Center for Justice’s Voting Rights & Elections Program. “We actually do have the numbers, and we know that noncitizens don’t vote illegally in detectable numbers, let alone in large numbers,” she told them.  The Center has data from 42 jurisdictions. The study showed only 30 SUSPECTED BUT NOT CONFIRMED noncitizen votes in the 2016 General Election. There were 23.5 million votes cast in those jurisdictions, 0.0001 (one ten-thousandth) of a percent of the votes cast.

There are those who will dismiss these findings because they come from a center named for Supreme Court Associate Justice William Brennan, considered part of the court’s liberal wing during his 34 years on the court.

So they asked one of the experts at the Libertarian Cato Institute, who called Johnson’s intuition one of the “most frequent and less serious criticisms” about migration.

President Janet Murguia of UnidosUS, the biggest Latino civil rights organization in the United States, says Johnson’s intuition “doesn’t count for anything—doesn’t mean a lick” because Johnson admittedly has no proof.

“Many of our organizations have scoured for any signs of voting that has been irregular or done by folks who are not qualified. There just hasn’t been any evidence. So he can have intuition all he wants, but that does not mean it’s true. It does not mean there is evidence, and it does not mean it’s factual.”  She challenged Johnson and his friends to produce specifics and data.

The Chair of the Congressional Hispanic Caucus, Nanette Diaz Barragan accuses Johnson of finding “another way…to appease the crazies on the right because he’s on the chopping block right now and he’s got to do something to feed them some red bait.”

Johnson’s proposed law would force voters to show they are citizens of the United States to get a ballot. One of the drafters of the questionably-necessary bill, Texas Congressman Chip Roy, maintains, “the most fundamental thing you can do to destroy the rule of law and to destroy our republic is to undermine faith in our elections.” He says a system to guarantee that only citizens vote in federal elections is needed despite the 1996 law doing exactly that.

Documents such as birth certificates, passports, or naturalization papers would fill that bill, but the Brennan Center has found 5-7% of Americans—millions of people—do not have what Sweren-Becker calls “the most common types of documents used to prove citizenship.”

Murguia says conservative organizations have been looking into this issue for sometime, especially voting by undocumented people, and, “they just can’t report any great number, if any at all.”

The conservative Heritage Foundation has numbers Johnson could have gathered if he wasn’t so busy listening to his intuition. The Foundation’s records dating back about forty years show only about fifty cases of voting by noncitizens, which includes visa holders or legal permanent residents, not just people here illegally.

Politifact, a political fact-checking site run by the Poynter Institute, a journalism research organization, got no response from the Trump campaign when it asked the campaign to justify his Iowa claim about Democrats loading the voter rolls with illegal immigrants.

But it, too, has numbers that Johnson doesn’t seem to think exist as well as some examples where authorities actually recruited noncitizens to register to vote. In Colorado, for instance, the Secretary of State before than 2022 midterm elections, sent postcards to about 30,000 drivers license holders encouraging them to register before learning they were non-citizens. He had to send an “oops” postcard to all of them and then worked with county clerks to make sure nobody in that group did try to register.

South Carolina federal prosecutors in 2020 charged 19 people with casting ballots they were not entitled to cast in the 2016 election.  Three cases were dismissed and sixteen people pleaded guilty.  Sixteen people out of more than 4.5 million who voted legally.

And in Georgia, one of the ex-president’s least-favorite people, Secretary of State Brad Raffensperger said two years ago that investigators had found all of 1,634 non-citizens had tried to register to vote during the last TWENTY-FIVE YEARS.

The Hill notes that then-Governor Rick Scott of Florida announced before the 2014 midterms that 180,000 foreign nationals were going to be purged from the voter rolls. That number was reduced to only 2,600. Then it was cut to 198.  Finally, only 85 names were eliminated. And how many prosecutions were there?   One.

One, out of the 180,000 that Scott claimed were problems. That person was Josef Sever, who faced as much as five years in prison for falsely claiming to be a citizen, or as much as one year if he cast a ballot. Convictions also can result in deportation and might preclude any later opportunities for citizenship. Sever got five months in prison, a light sentence because the judge knew Sever was going to be deported.

Forget facts.  Forget that there really are numbers that Johnson claims don’t exist. Forget that we’ve had a federal law on this subject for 38 years. Forget that we heard this one-note song from our former President and his cronies eight years ago when he claimed he would have won the popular vote were it not for three-million votes cast by illegal immigrants (not one of which apparently voted for him).

It was a bogus claim then. It’s a bogus piece of intuition now. But Johnson and other Trump sycophants are going to beat this dead horse as much as they can because our former president wants them to do it.

When Johnson and others start spouting about the need to protect voting integrity, an important question to ask is, “from whom?”

Fake Law, Part One of a Series

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(In this week before the primary election, we are reluctantly embarking on a series of daily observations of campaigns and campaign non-issues that do little to enhance public confidence in the process. We are sorry to be as pessimistic as we might seem. Perhaps the survivors of the primaries will be more responsible in their general election campaigns.

The situation seems to us be so dire that we will not have our regular Tuesday visit with the toy department of journalism—sports.)

FAKE LAW

It makes good headlines.

But it’s a fake issue.

It rallies the core.

But it’s a fake issue.

It paints a false portrait.

And it’s a fake issue.

It misleads voters.

Because it’s a fake issue.

It makes people think there’s a big problem.

But there isn’t.

It tries to capitalize on fear.

But it’s a lie.

And it’s one of the reasons Democrats in the Missouri Senate staged a record-setting filibuster in the last week of a legislative session that was characterized by filibusters from a small group of Republicans who have tried to run the chamber.

The legislation involved was a proposal making it harder to amend the state constitution. A bipartisan vote shut down debate and sent the bill to a committee that would work on compromises that might let it move forward in the last two days of the session.

The fact that Republicans and Democrats did something together put the Senate’s problem children into a tizzy.  Freedom Caucus ringleader Bill Eigel, who apparently thinks one has to disagree disagreeably to succeed in today’s politics, warned Senate colleagues that the caucus would object to any compromises that changes what the FC demands.

And what the FC demanded was passage of a bill that would become partly fake law.

If you’re keeping score, this is the proposal that says no change can be made in the state constitution, even if the statewide vote approves the change, unless voters in five of our eight congressional districts approve.  It’s a Republican effort to keep the heavy Democratic vote from the metro areas, and the Columbia area, from offsetting the conservative outstate votes.

It also contains “fake law” provisions prohibiting non-citizens from voting on constitutional amendments—-something already forbidden by Missouri and federal law.

But it sounds good in an election year.  Democrats kept the bill from going to a final Senate vote, complaining the language was included just to deceive voters. Eigel said those characterizations were “completely unfair” and the measure presented “a great opportunity” to keep non-citizens from voting.

—Except the ban already is on the books.

Democrats in the Senate, with Republican leaders refusing to take parliamentary action to shut down debate, chewed up three of the precious last five days of the session in a filibuster that lasted 51-plus hours.                    .

The demagoguery on this issue is going to be with us through November, regardless of any legislative action because MAGA Republicans, in particular, want to use it to beat Democrats—i.e. Joe Biden—over the head on immigration issues.

A few days ago in Washington, House Speaker Mike Johnson unveiled the proposed Safeguard American Voter Eligibility Act. Don’t be surprised if a House committee decides to “investigate,” giving majority members of the committee opportunities to condemn the actions or inactions of the administration to keep illegal immigrants from voting.

Another new committee, in the Missouri House, is going to investigate crime by illegal immigrants, another opportunity to make sure the issue’s political value is not wasted before the election. It has been expanded to include crimes AGAINST immigrants, a fair thing to consider.

We’ve all watched this kind of political circus on other topics.

And that’s what this harping on immigrant voting is.  Political circus.

What it is NOT is an issue. We’ll tell you why in our next entry.

A Slightly Warped Sense of Humor

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If reporters didn’t have a warped sense of humor, we probably couldn’t do what we do.  Humor, even dark humor, helps us deal with the often tragic, often weird, often absurd things and people we have to cover.

Perhaps that’s why I used to have a series of offbeat posters that I changed monthly at my desk in the Missourinet newsroom.

These posters, from a company called Despair, Inc., are the opposite of the supposedly inspirational posters found in many workplaces.  Beautiful pictures with some saccharine sentiment beneath them.

The folks at Despair turn that concept on its head.

I suppose this could be seen as a blatant plug for this company’s products.  Actually, it’s more of a paen to the creative folks who tell us that we shouldn’t take ourselves too seriously.

We badly need those who try to tell us that.  We wonder if a sense of humor can be found in our today’s politics. Everybody is so blasted serious—-and for those of us who abhor all of the divisiveness in our system today—-Good Lord, we have reached the point of physical confrontations in the hallways of the House of Representatives in Washington to an instigated near-brawl in the Senate committee hearing—there is no shortage of seriousness. One of my reporters once told me, “They have it all backwards. They take themselves seriously, not their jobs.”

We need a Will Rogers IN the government, the guy who remarked:

“The trouble with practical jokes is that very often they get elected.”

“This country has come to feel the same when Congress is in session as when a baby gets hold of a hammer.”

“The more you read and observe about this politics thing, you got to admit that each party is worse than the other.”

“I don’t make jokes. I just watch the government and report the facts.”

“On account of us being a democracy and run by the people, we are the only nation in the world that has to keep a government four years, no matter what it does.”

“If all politicians fished instead of speaking publicly, we would have peace in the world.”

Or Mark Russell, who used to entertain us at the piano, on PBS from 1975 into 2004, whose death last March 30th escaped our notice.  He was 90.   He was introduced once by someone who noted, “Before there ws a John Stewart or a Stephen Colbert, there was Mark Russell.”

That was 2018, when Russell told the audience, “I’m not going to do any new political humor. Why?  Because there’s no material.”

He once asked about the Adopt A Highway program, “If a gay couple adopts a highway, will the highway grow up straight?”

The difference between Republicans and Democrats: “A Republican says,’We’re in a recovery.’  A Democrat says, ‘You shouldn’t enjoy it.’”

“A fool and his money is a lobbyist.”

Here’s a compilation of some of his performances:

Bing Videos

The story is told of the day in 1862 when Abraham Lincoln called a special meeting of his War Cabinet.  When the members filed into the room, they found Lincoln reading a humor book. He laughed as he shared a story from the book. When nobody else laughed, Lincoln read another story. Again, no response. Lincoln looked at his cabinet and asked, “Gentlemen, why don’t you laugh?  With the fearful strain that is upon me night and day, if I did not laugh, I should die, and you need this medicine as much as I do.”

And after that, he showed the cabinet the first draft of the Emancipation Proclamation.

And so we need people like those at Despair who turn our contemporary cares on their heads with their demotivational posters.

There’s one I wish was available in my working days.  It shows a stack of papers and the poster is entitled “Media.”  The text reads, “What lies behind us and what lies before us are tiny matters compared to what lies right to our faces.”

I think I’ll buy that one for the good folks in today’s Missourinet newsroom

Take the 25th 

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Something to ponder.

If Donald Trump becomes an imprisoned felon after winning election, can he become President?

Yes, even if he is inaugurated in his cell. Then we have to wonder if he will pardon himself before beginning his inaugural address to the smallest audience in inauguration history.

Ah, but there could be mischief afoot.

Let’s see if we can start a conspiracy theory.  We are not attributing it to anyone famous.  We’ll leave that to others because a conspiracy theory won’t work unless somebody famous is leading an organization behind it.

We are going to try to stage this so that anyone trying to pin it on the Left will have to acknowledge that there are quislings* also involved on the Right.

The only qualifications to become President of the United States are in the U. S. Constitution—that the person be at least 35, a natural-born citizen and a resident hee for at least fourteen years .  There is no morals clause in the document.

Congress could pass a Constitutional Amendment banning a convicted felon but that will take a two-thirds vote of both chambers of the Congress  and ratification by three-fourths of the states, a tall order to get done before inauguration day, 2025.

The Fourteenth Amendment prohibits anyone who has engaged in rebellion or insurrection against the United States from holding any office. But none of the 91 charges against our former president specifically accuse him of “engaging in rebellion or insurrection.’ Whether a case for insurrection-by-association can be built is being tested in some courts now.

We’ve never had a president who has a felony conviction. They’ve done all kinds of other things (fought in wars, impregnated mistresses, hanged someone, etc.,) and suspected of others, but they’ve never been convicted of a felony.

Convicted felons can serve in Congress. State laws might keep them from voting for themselves back home or from having guns, but the Constitution has no ban on them serving, either.

And that brings to the 25th Amendment.

Suppose Trump is convicted. And suppose he is elected.

The New Congress will have convened a couple of weeks before inauguration day. Let’s assume the D’s have regained control.  Here is what the 25th Amendment says about a president’s inability to serve:

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department [sic][note 2][7] or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Now we get to the conspiracy theory:

The Vice-President is sworn in before the President is.  Always.  This person is the key to the entire drama. This person is in cahoots with those who want the former president to keep putting a golf ball into a plastic cup on the other end of his cell.

Look at the first section of the amendment which says that the VP and a majority of either the principal officers of the executive departments (the cabinet) or of such other body as Congress by law may provide transmit to the leaders of the Senate and the House a written declaration that the President can’t do his job…..

Immediately upon the imprisoned President finishing his oath, a committee created by a Congress controlled by the other party submits a declaration against the President before he can sign his own pardon. The VP takes over and the inaugurated president remains in his cell.

Now, the next section comes to the fore.  The imprisoned President immediately files a letter that declares “no inability exists” and, therefore, he shall resume the duties of the office UNLESS the VP and a majority of the cabinet OR that special committee that wrote the original declaration maintains the President still cannot perform his duties from a prison cell. The Congress by a two-thirds vote can declare the president, indeed, still can’t perform his duties and the Veep will remain in charge and the replaced president remains in his cell.

This is, of course, only a layman’s reading of the amendment and it is likely there are first-year law students who could demolish this idea.

But look, this IS the age of conspiracy theories.  I smell a television mini-series opportunity here.

The weakness in this idea is that Trump will pick a running mate who would throw him under the bus as he threw Mike Pence under the bus, and that voters will turn both houses of the Congress decidedly blue and the D’s will successfully connive with the R Veep to pull this off.

So it might not be practical in the real world.

But I still maintain it might make a riveting TV miniseries.  There would have to be a role for Kevin Kline and another for Kiefer Sutherland and one for Martin Sheen  and others for Tea Leone. Michael Douglas, and Anette Benning.

And what would we call it?

Go back to the top of this column.

*From time to time we try to throw in a word or phrase that we can use to teach a little lesson in language and in history.  Vidkun Quisling, a World War II leader of Norway who was a Nazi collaborator and who tried unsuccessfully to take over the government and end resistance to the invading Nazi Army. He formed a second, puppet government supported by the Nazis, and was involved in the shipment of Norwegian Jews to concentration camps in occupied Poland.  He later was convicted of high treason, among other crimes, and was executed by firing squad in October, 1945.

His name is considered a synonym for “traitor.”

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A Missouri Precedent

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Missourians have seen this before.  But not recently.

Thirty-one Democratic members of the U. S. House joined Republicans a few days ago in voting down a resolution to expel New York Congressman George Santos.  Some of those 31 have taken to social media to explain why they did that.

It’s a matter of due process for them.  Santos has not been convicted of any of the 23 felony crimes he’s charged with committing.  Beyond that, though, is the way the House deals with due process.  It’s called the House Ethics Committee.

The committee is considering action against Santos after reviewing more than 170-thousand pages of documents, authorizing 37 subpoenas, and interviewing about 40 witnesses. The committee says it will announce its next action by November 17.

The committee is acting under Article I, section 5 of the U. S. Constitution’s provision that, “Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and with concurrence of two-thirds, expel a member.”

Maryland Congressman Jamie Raskin, a former professor of constitutional law, explains, “If and when Santos is convicted of these serious criminal offenses or ethics charges, I will certainly vote to expel. Until then, it is a very risky road to go down and we have to stick by due process and the rule of law, as obvious as the eventual results may seem.”

Innocent until proven guilty. It’s the way we dispense justice in this country. It’s the presumption that protects you and me. It’s a trial by peers, whether it is a jury or an ethics committee, that determines guilt. We have a word for inflicting punishment based on obvious but unproven guilt.  It is called lynching.

But the Ethics Committee has a problem, too.  Santos has not been convicted of any of the charges against him.  He remains innocent until proven guilty, at least on those counts. But Santos remains vulnerable on political issues connected with his candidacy, his claims of qualification during his campaign and afterwards, including during his time in office, and other actions and statements for which he is responsible as a member or potential member of the House.

Throughout its history, Congress has only expelled five members of the House, the most recent being the colorful Ohio Congressman James Traficant, in 2002, after he was convicted of racketeering and obstruction of justice.  The last Congressman before him was Michael Myers of Pennsylvania, who was convicted of bribery in the 1980 ABSCAM scandal.

Two Missourians in the House and two more in the Senate are key figures in the history of congressional expulsions.  House members John B. Clark and John W. Reid were Missourians.  The third expulsion was given to Kentucky Congressman Henry Burnett.

John Clark Sr., left his House seat to join the secessionist military forces organized under former governor Sterling Price at the start of the Civil War.  He led his division against Franz Sigel’s Union forces at Carthage on July 5, 1861, a minor battle but a decisive one because is was a sound retreat for Sigel and his men.  Eight days later the House voted 94-45 to expel him. He resigned his military commission after he was wounded at Wilson’s Creek, Missouri’s Confederate government appointed him a delegate to the Provisional Confederate Congress and then was appointed to the Confederate States Senate. He was not appointed to a second term because of allegations that he was a drunk, a liar, and a womanizer.  Clark was elected to the Confederate House of Representatives and at the end of the war fled to Texas to avoid prosecution.  When that turned out to be a bad idea, he came back to this country, and found his way back to Missouri in 1870, where he practiced law.

Missouri Congressman John W. Reid was a pro-slavery member of the Missouri House for two years in the 1850s. Reid was an active participant in the Missouri-Kansas Border War during which Missourians tried to get Kansas into the Union as a slave state. On August 30, 1856 he was one of the leaders of a 200-man force of pro-slavery raiders that sacked Osawatomie Kansas, the home of abolitionist John Brown.  When his men failed to dislodge forces led by Brown’s son from their rock fortification, they chased the abolitionists back to Osawatomie where they killed Frederick Brown and burned almost all of the buildings in town.

The Kansas Historical Society says this attack led John Brown to begin to see himself as a national leader in, and potentially a martyr to, the abolitionist cause. “ God sees it. I have only a short time to live—only one death to die, and I will die fighting for his cause,” he said. “There will be no more peace in this land until slavery is done for. I will give them somethine else to do that extend slave territory. I will carry this war into Africa.” The KHS says that’s when he started thinking of a raid on the federal arsenal at Harper’s Ferry, to seize the weapons to organize a slave revolt in the South.”

Reid was elected to Congress in 1861. He withdrew on August 3 that year and soon after was expelled on a charge of disloyalty to the Union. He became a volunteer aide to General Price. After the war he was a lawyer, banker, and real-estate owner in Kansas City. He was one of the founders of the Kansas City Chamber of Commerce.

On the Senate side, Senators Waldo P. Johnson and Trusten Polk were expelled on the same day.  They were among fourteen senators expelled early in the Civil War because they had gone to the Confederacy.

Trusten Polk served 51 days as governor in 1857, the shortest term of any Missouri governor, before becoming a U. S. Senator.  Early in 1861 he called for constitutional amendments protecting slavery and argued they should contain wording that prevented them from being appealed.  He, and Johnson, did not return to Washington for the 1862 meeting of the Congress.  On January 10, 1862, the Senate voted 35-0 to expel him for disloyalty, a day after receiving a committee report recommending expulsion..  He was part of General Price’s Arkansas command until Confederate President Jefferson Davis appointed him presiding judge of he Trans-Mississippi Department.  He was captured in 1863 and imprisoned at Johnon’s Island prison camp in Ohio. When his health turned bad, he was given parole.  He returned to Arkansas and was part of Price’s final raid into Missouri in 1863. When the defeated Price fled back to Arkansas, Polk went with him, fleeing to Mexico for a sort time at war’s end before coming back to St. Louis and resuming his law career.

Waldo Johnson was elected to the Senate in 1860. He served about ten months before he was expelled on the same day Polk was kicked out. The Senate voted 36-0 to get rid of him, also a day after getting a committee report recommending expulsion. Same reason as Polk: disloyalty. During the war, he recruited a battalion that fought in the Battle of Pea Ridge, near  Bentonville, Arkansas, a Confederate defeat. In 1863 he was appointed to the Confederate Senate. He fled to Canada after the war and eventually got a presidential pardon and returned to his home in Osceola to resume his legal practice.  He presided over the Constitutional Convention of 1875.

Clark, Reid, Polk, and Johnson paved the way for the possible expulsion of George Santos. They were kicked out for political disloyalty.  So, too, he might be.  Disloyalty to common morality, to his constituents, to the law.

Is there guilt enough?

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The Team Player

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Being a team player means placing greater value on a team’s success than on individual achievement.

In sports it might mean passing up a chance to hit a home run when a sacrifice bunt is necessary.  In business it might mean supporting the competitor who got the job you wanted because the company is more important than one job, more important than one individual.

Sometimes being a team player means figure out what your team is.

The issue came up recently when Congresswoman Ann Wagner, who represents a district in eastern Missouri, announced she would support Ohio Congressman Jim Jordan, who had the backing of former President Trump, for Speaker of the House just days after she said she would “absolutely not” support him.  She complained that when Jordan lost the original caucus vote to Congressman Steve Scalise, “He gave the most disgraceful, ungracious—I can’t call it a concession speech—of all time.”

Talk about a turnaround!

She justified her change by saying it is because she is a team player.

In baseball terms, she tore off her Cardinals uniform and put on one for the Cubs. Instantly.

More and more, though, it appears we don’t have teams in Washington.  We have tribes.  At least four of them: the extreme right tribe, the center right tribe, the center left tribe, and the extreme left tribe.

Jordan, whose record of getting bills passed is so thin it is, well, non-eixtent*, got the Republican conference’s majority vote as its candidate for Speaker—-but with substantial opposition, casting doubt on whether he could get the 217 Republican votes he needed to take the gavel. He came out of the conference caucus 65 votes short of what he needed in a floor vote. He and his supporters spent the days getting people like Wagner to turn around. But 65 votes was a whole lot of turning. And Jordan couldn’t do it.

Some of his opponents had the temerity to suggest that the Republican minority within the Republican majority might align with Democrats to pick a Speaker, an impracticality at the time because a Democrat in charge of a chaotic Republican House would be unable to bring sanity to the large room that seemingly needs to add padding to its walls and to rewrite its recently-rewritten dress code to include canvas blazers with long sleeves that tie in the back.

But give credit to those who have had the courage to suggest that the other side is not the enemy; they’re just friends who have different ideas.  And if they can find areas of agreement and move forward, it sure beats focusing on differences that stand in the way of service.

We do not mean to target Wagner in this entry because there are others who have misunderstood the concept of team when they proclaim in word and deed that they, too, are team players, an observation that applies to both of our political parties.  She just happened to use the phrase.

Minority Democrats, who have seemingly been inessential to the slim-majority Republicans and therefore beneath respect by them, have had the luxury of sitting back and watching the GOP House fall into a state of extreme disarray without addressing the possibly troublesome fringe of their own party and the mischief it might cause if Democrats regain control of the House—which a lot of pundits think the Republicans are proving should be the case.

It appears the only teams that matter in that climate are Republican and Democrat.  Anyone who has spent a lot of time inside the political system at the national or state level can understand how consuming that world becomes, so consuming that the real team is forgotten.

As we said earlier, there are four tribes in the House, not two teams.

Who IS the team?

Look in your mirrors.

Somebody in Washington or Jefferson City wants to be a team player?  The first step is to get rid of tribes. The second step is remembering who the team really is.

WE are the team.

Reaching across the aisle in a way that benefits the team more than it benefits any one tribe isn’t a crucifiable offense.

Was Jim Jordan interested in taking one for the team?  No, he was in it for Jim Jordan (and his big booster at the time).  And he lost three times, each time with fewer members of his own party supporting him.

So what is the team’s responsibility for straightening out the whole mess? Simple. Pay attention to what our congressional delegation is saying and doing and make sure that whomever we send to Washington next November is more loyal to country than to tribe and certainly more loyal to country than to a disgraceful former leader.

*The New Republic, an unabashedly liberal publication, said in its October 17 webpage entry,  “Jordan stands out among his predecessors and colleagues because he is not a real lawmaker… The Center for Effective Lawmaking, a project by Vanderbilt University and the University of Virginia, rates House members based on their legislative performance. In the 117th Congress, Jordan was tied for fourth place among the least effective lawmakers.

Jordan sponsored only a single bill in the last Congress—on social media censorship, a perennial issue among some conservatives—and it did not advance out of committee. He has never successfully drafted a bill that became law…Meredith Lee Hill, who covers all agriculture-related goings-on on Capitol Hill for Politico, reported that Jordan’s supporters pitched his speakership to agriculture-minded Republicans as the “best way to get the huge [Farm] bill to the floor” in what remains of this Congress’s term. As Hill noted, Jordan has never himself voted for a farm bill at any time in his career.”

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The Team Player 

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Being a team player means placing greater value on a team’s success than on individual achievement.

In sports it might mean passing up a chance to hit a home run when a sacrifice bunt is necessary.  In business it might mean supporting the competitor who got the job you wanted because the company is more important than one job, more important than one individual.

Sometimes being a team player means figure out what your team is.

The issue came up recently when Congresswoman Ann Wagner, who represents a district in eastern Missouri, announced she would support Ohio Congressman Jim Jordan, who had the backing of former President Trump, for Speaker of the House just days after she said she would “absolutely not” support him.  She complained that when Jordan lost the original caucus vote to Congressman Steve Scalise, “He gave the most disgraceful, ungracious—I can’t call it a concession speech—of all time.”

Talk about a turnaround!

She justified her change by saying it is because she is a team player.

In baseball terms, she tore off her Cardinals uniform and put on one for the Cubs. Instantly.

More and more, though, it appears we don’t have teams in Washington.  We have tribes.  At least four of them: the extreme right tribe, the center right tribe, the center left tribe, and the extreme left tribe.

Jordan, whose record of getting bills passed is so thin it is, well, non-existent,* got the Republican conference’s majority vote as its candidate for Speaker—-but with substantial opposition, casting doubt on whether he could get the 217 Republican votes he needed to take the gavel. He came out of the conference caucus 65 votes short of what he needed in a floor vote. He and his supporters spent the days getting people like Wagner to turn around. But 65 votes was a whole lot of turning. And Jordan couldn’t do it.

Some of his opponents had the temerity to suggest that the Republican minority within the Republican majority might align with Democrats to pick a Speaker, an impracticality at the time because a Democrat in charge of a chaotic Republican House would be unable to bring sanity to the large room that seemingly needs to add padding to its walls and to rewrite its recently-rewritten dress code to include canvas blazers with long sleeves that tie in the back.

But give credit to those who have had the courage to suggest that the other side is not the enemy; they’re just friends who have different ideas.  And if they can find areas of agreement and move forward, it sure beats focusing on differences that stand in the way of service.

We do not mean to target Wagner in this entry because there are others who have misunderstood the concept of team when they proclaim in word and deed that they, too, are team players, an observation that applies to both of our political parties.  She just happened to use the phrase.

Minority Democrats, who have seemingly been inessential to the slim-majority Republicans and therefore beneath respect by them, have had the luxury of sitting back and watching the GOP House fall into a state of extreme disarray without addressing the possibly troublesome fringe of their own party and the mischief it might cause if Democrats regain control of the House—which a lot of pundits think the Republicans are proving should be the case.

It appears the only teams that matter in that climate are Republican and Democrat.  Anyone who has spent a lot of time inside the political system at the national or state level can understand how consuming that world becomes, so consuming that the real team is forgotten.

As we said earlier, there are four tribes in the House, not two teams.

Who IS the team?

Look in your mirrors.

Somebody in Washington or Jefferson City wants to be a team player?  The first step is to get rid of tribes. The second step is remembering who the team really is.

WE are the team.

Reaching across the aisle in a way that benefits the team more than it benefits any one tribe isn’t a crucifiable offense.

Was Jim Jordan interested in taking one for the team?  No, he was in it for Jim Jordan (and his big booster at the time).  And he lost three times, each time with fewer members of his own party supporting him.

So what is the team’s responsibility for straightening out the whole mess? Simple. Pay attention to what our congressional delegation is saying and doing and make sure that whomever we send to Washington next November is more loyal to country than to tribe and certainly more loyal to country than to a disgraceful former leader.

*The New Republic, an unabashedly liberal publication, said in its October 17 webpage entry,  “Jordan stands out among his predecessors and colleagues because he is not a real lawmaker… The Center for Effective Lawmaking, a project by Vanderbilt University and the University of Virginia, rates House members based on their legislative performance. In the 117th Congress, Jordan was tied for fourth place among the least effective lawmakers.

Jordan sponsored only a single bill in the last Congress—on social media censorship, a perennial issue among some conservatives—and it did not advance out of committee. He has never successfully drafted a bill that became law…Meredith Lee Hill, who covers all agriculture-related goings-on on Capitol Hill for Politico, reported that Jordan’s supporters pitched his speakership to agriculture-minded Republicans as the “best way to get the huge [Farm] bill to the floor” in what remains of this Congress’s term. As Hill noted, Jordan has never himself voted for a farm bill at any time in his career.”

Nullifying a Nullification 

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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.)