Category Archives: elections

If It Ain’t Broke—the other view

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As we noted in last Wednesday’s entry, there is a “comments” box at the end of each one that for those who agree or differ with what is said. This is the first time we have published comments as a stand-alone entry.  But the issue of elections and voting is so central to our system of government that when the sponsor of the bill we questioned called last week with concerns about some of the things we had written, we decided that the comment, or response, should get more than space in the “comment” box that, having been entered after the original piece was published, would not get the attention the issue deserves to have.

Representative Peggy McGaugh’s background on election issues is considerable. She worked for 32 years in the Carroll County Clerk’s office, almost 24 of those years (six four-year terms) as the County Clerk.  She is a past-president of the Missouri Association of Counties and a former member of the Secretary of State’s Voter Integrity Task Force.

In response to your “If it ain’t broke” blog, find below a few answers from my view as one of the sponsors of the consolidated election bill going through the General Assembly this year.

This bill is a culmination of bills passed out of the House Elections committee with the involvement of the Mo Secretary of State’s office and the Missouri Association of County Clerk’s/ Election Authorities (MACCEA)  who do Resolutions each year for proposed changes to improve the law and better the process for Missourians.

*limiting changes to six months before an election would prevent nefarious or bad actors from pushing a specific narrative to change the outcome of an election.

 

*the ability to select election judges and poll watchers from outside of the boundaries of a jurisdiction was a request from MACCEA who have difficulty filling the positions in areas where one party dominates another when following Chapter 115 of equal representation of parties at the precinct.

 

*the direct recording electronic devices (DREs) are the electronic equipment being phased out in the bill.  The three counties that currently use them will move to a system that will include some type of paper ballot hand marked by the voter and counted by an electronic tabulator as you described.

 

*absentee voting by mail or in person will still occur six weeks out from any election using the same excuses as in the past.  This bill allows a registered voter to appear in the election authority’s office three weeks out from any election, apply for and receive their ballot without using an excuse and then thread the ballot through tabulator. This assures them that their ballot was received and counted without having to fib to get the convenience. 

 

*ballots will be considered cast when received in the election authority office if postmarked on or before election day and the drop boxes will be swept and gathered for counting up until the close of the polls on election day.

Thank you for bringing the merits of this election bill to your readers.

Keeping Missouri as a model of free, fair and transparent elections is our goal in the General Assembly.

I look forward to answering any other questions you might have.

Representative Peggy McGaugh

Proudly representing Ray, Carroll and Chariton Counties   

    

We appreciate Rep. McGaugh’s thoughts. Her page on the House of Representatives website contains contact information should anyone want to send her an email.  If you do, please follow the same guidelines you follow them when writing to us—be kind, be courteous, be respectful.

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I respectfully beg to differ

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(We live in a time when disagreements seem unresolvable, when disputing forces seem more interested in fighting than serving, when disagreeing is, to use a term we wish had never come up, weaponized. Dr. Crane reminds us that disagreement can be a positive part of our existence, if respect is part of it, as he asks—-)

ARE YOU ON OPPOSITE SIDES?

Doubtless each of us knows someone in his circle of acquaintances who is intellectually contrary. Such as one delights on every occasion to take the opposite side.

If he is within a religious community he will take his stand firmly for atheism.  If he is one of the scoffers, he will argue just as valiantly for the church. He is a standing minority report. He is a crooked stick that will not lie in the woodpile. Like Goethe’s Devil he is the spirit who constantly denies.

This type of person is the steady, normal crop in the field of humanity. We would not get along without them. They keep the kettle of thing stirred, which otherwise would settle and spoil. These are they that keep the course of social life pure as a running stream and prevent it from becoming like a green stagnant pool.

They supply ginger for political campaigns. They are the party out of power. They are the watchdogs of progress. Without them religion would harden into a cruel tyranny of superstition, falsehoods would be crystallized into power, and ancient fraud live forever.

They harass mankind into being honest.

If it ain’t broke—

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Break it.

We have a place at the end of each of these musings for you, dear reader, to straighten out the author on points in which his thoughts obviously and erroneously vary from the truth.  In your opinion.

Feel free to utilize that space, especially with this entry because your worthy author seems to be missing badly the whole point of the legislative effort to rewrite some of our election laws.  Those doing the rewriting say our election system is flawed and need to be made better. Others  think the re-writers are limiting rather than enhancing voting rights and opportunities.

We must be missing something.  Big.

—because Missouri’s Secretary of State has offered zero complaints, as far as we know, about last year’s elections. We have heard zero complaints of voter fraud here.  No federal lawsuits were filed in Missouri contesting the outcome(s).  In fact, our Attorney General, who was so vigilant at spotting fraud and shortcomings in several other states’ elections, has offered not one legal peep about things here.  The two-third majorities were maintained in both chambers of the General Assembly, so it appears there was no nefarious plot to undermine the lawmaking structure of our state.

More than three-million people voted, the first time that many people took part in a November election. It beat the 2.9-million who voted in the 2008 election of President Barack Obama. The raw number might have been a record but the percentage of eligible voters fell short of projections and short of the 78% vote when Bill Clinton was elected over George H. W. Bush, who had the worst performance for a Republican since Abraham Lincoln in 1860. Bush was hurt because Ross Perot had the best performance for a third party candidate here since John Bell Williams, also in 1860.

So what was broken last year?

Why is there a provision saying no change in voting laws can be made within six months of a presidential election?  Just last year the legislature made a change in response to a pandemic that was making many people nervous about going to polling places.  Mail-in ballots were allowed but they are outlawed in this bill. We have not heard any loud yelling, seen any frantic arm-waving, and heard of any lawsuit filed complaining this system generated anything but greater opportunity for citizens to exercise one of our most cherished rights, especially during one of our greatest health crises in history.

The good thing is that this is just a statute.  And this ban on changing laws within six months of an election can be repealed, just as the bill repeals mail-in ballots.  And we wouldn’t be surprised to see a repeal of the repeal if the party makeup of the legislature ever happens.

Present law allows the election authority—the county clerk or the metropolitan election authority—to appoint two judges from each major party to serve at each polling place. The proposed law says the political parties will recommend potential judges but says they don’t have to live within the jurisdiction of the election authority.  So the election authority, which is given the power to throw out people it deems unqualified to be judges, instead of going back to the parties can instead appoint somebody from outside the voting area—namely the county or the city?  Could the election authority, for example, dismiss local election judge candidates (we see nothing in the bill allowing an appeal of that action) and install, let’s say, a perceived looney advocate for a national candidate instead?

Please tell us we have just hatched a conspiracy theory.  We hate conspiracy theories and have no desire to be associated with one.

Another section allows the chairman of each county political party committee to designate a watcher for each place where votes are counted (that’s present law).  But the new language says the poll watcher does not have to live within that jurisdiction.  See the above question.

Are we reading another section of the proposed election law changes to say that we are doing away with electronic voting machines?  And going back to paper ballots?  We must have missed all of the complaints about how voting machines corrupted the elections in Missouri in 2020.

As we understand it, (from section 115.237—please pardon the technical language) the bill refers to “direct-recording” machines but not to electronic COUNTING machines. When I voted last November, I used a pencil to filling a little oval on a voting card and then fed the card into an electronic tabulating machine.  That’s okay but anything of a higher technology is not to be allowed.  Correct?

Absentee ballots can’t be cast until three weeks before the election and can only be cast at a designated location—seemingly a further limitation on mail-in voting—and require a photo identification (Did I miss anything about absentee voting by the military far overseas?).  BUT the bill does eliminate lying about the reason for voting absentee.  Last year Nancy and I voted absentee, citing our age which made us especially susceptible to the virus. Had we been required to say we were going to be out of town that day, we would have sworn that we would be and would have driven outside the city limits, turned around, and come back, thus being honest.

Should we be bothered by a provision that absentee ballots that do not arrive by the time polls close on election day will not be counted?  They “shall be deemed cast when received prior to the time fixed by law for closing the polls on election day.”  This applies to absentees mailed from halfway around the world as well as absentees left in a drop box.  This is kind of an awkward issue, isn’t it? We have heard for years discussions about the timing of sending out absentee ballots to our military in time for them to be voted and returned within proper time limits to be counted and we don’t know that there has ever been a system that guarantees every vote case before election day is counted whenever it arrives home. Given the mess our postal system is in today (we are never sure when we’ll get our mail anymore), maybe it makes sense to be a little more flexible than the bill allows.  As for drop boxes—-what is to keep an election authority from waiting for two hours past poll-closing to empty drop boxes in areas inclined to vote against the election authority’s wishes?   Doesn’t sound as if those votes will be counted even if they went into the box the day before election day.

In the days when we were in the chambers listening to debates or in the hearing rooms when bills were considered and justified or attacked by sponsors and critics, we might understand better the motivations behind this bill.  But we’re just another old guy on a quiet street—who is a voter—and we don’t have that kind of access.

So we wonder what all the fuss is about in making these changes after three million of our 4,338,133 registered voters found a way—-with the bipartisan help of the 2019 legislature—to cast ballots in a 2020 election that produced absolutely none of the bombast, accusations, and conspiracies that were generated in other states, usually by people who don’t live in those states.

Let us know.  This obviously isn’t Twitter. You can use as many helpful words as you wish.

 

 

How to identify political corruption

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I lost a good friend a year ago (March 12) when Tracy Wood stopped living with cancer. She was 76.  The Los Angeles Times called her “a hard-charging reporter who broke through the male-dominated press corps to cover the Vietnam War and later helped The Times win a Pulitzer [Prize] for its coverage of the L.A. Riots.”

Tracy, a United Press International correspondent in Vietnam, became the only woman to serve as president of the Association of Foreign Correspondents in Vietnam.  She worked in the UPI bureau at the California Capitol and let Nancy and me go with her to a Ronald Reagan news conference on the day we dropped in on her. She was a founding member of the editorial staff of the Voice of OC, a non-profit digital news operation founded when Orange County’s newspaper went away in the Los Angeles area. She thrived on investigating corrupt politicians and bureaucrats.

The photo is from a book about Tracy and the few other women correspondents who covered the Vietnam War,  War Torn. Among other things, she covered the release by the North Vietnamese of American POWs, including the release of John McCain.

I remember her because she was a New Jersey girl who came to the University of Missouri intending to go to the School of Journalism.  She left school before she got her degree but she taught me how to play bridge (badly) and a friend of ours, Richard Montgomery, and I taught her how to sop gravy with pieces of bread, a Midwestern practice totally unknown, apparently, in New Jersey.  I consider the experience a valuable cultural exchange.

She wrote an article once headlined “The Ingredients of Corrupt Governments.” It’s good to keep what she wrote in mind.

Corruption doesn’t happen by accident. Here’s a rundown of tools used worldwide by corrupt leaders.

  • Patronage and its siblings, nepotism and cronyism. Government leaders appoint loyalists and relatives to posts without requiring them to have the experience and qualifications needed to perform the job competently. Patronage employees also often work on government time or resources to ensure their patron or patroness gets re-elected. The result is bureaucracies that exist solely to stay in power, not serve the public good.
  • Secrecy, one of the most valuable tools of a corrupt government. In the U.S., in spite of decades-old state and federal laws that mandate government openness, corrupt officials still try to hide their meetings and communications with lobbyists and others who influence their decisions. Lack of transparency is the canary in the coal mine signaling government corruption.
  • Attacking and even shutting down a free press. The No. 1 enemy of a corrupt ruler is a free and unfettered press. That is why you’ll see authoritarian rulers in places like China, North Korea, Vietnam, the Middle East and Russia — go to great lengths to stop journalists from doing their work. For example, China this month sentenced a 71-year-old reporter to seven years in prison, according to the Los Angeles Times,because she obtained an internal Communist Party document and leaked it to a U.S. based news organization. The document she got, the Times said, “urged tighter ideological control over Chinese society and warned against promoting judicial independence, media freedom and civil society.”
  • Cash, gifts or assets handed or promised to a government official in exchange for an official favor, like a vote, or for using his or her influence to benefit the briber.
  • Contracting/procurement. It’s a universal practice of corrupt government officials. Make sure government contracts or other payments go to supporters, even if others are more qualified to do the work.
  • Financial accountability. Corrupt governments fear exposure and one way to prevent it is to falsify, minimize or simply not allow strong financial audits.
  • Election fraud. Rigged elections, which unfortunately are commonplace throughout the world, undermine the foundation of democracy. Orange County has acted to combat its own election abuses. For example, then-GOP Assemblyman Curt Pringle and the Republican Party paid a $400,000 federal court settlement after they stationed guards at 20 Santa Ana polling places in 1988 in what those who filed suit alleged was an attempt to intimidate Hispanic voters.Eight years later, former Pringle aide and current county executive Mark Denny was one of three GOP workers convicted of election fraud as part of a scheme to manipulate an Assembly election by illegally circulating nominating petitions for a decoy candidate.
  • One-sided justice. Corrupt officials everywhere use law enforcement to go after political foes but protect—or simply don’t prosecute—their supporters or those who are friends of their allies. In some cases, they avoid enforcing the law against their backers by simply not equipping their offices with professionals who are good enough at their jobs to prosecute political crimes. In that case, even if they are forced to bring charges against a supporter, there is little likelihood of a conviction.
  • Keeping voters at a distance. The rise of professional political consultants over the past half-century has made it easier for corrupt politicians to get elected and re-elected because direct mail and other campaign tools allow them to avoid personal contact with voters. Officials truly interested in representing their constituents, meet face-to-face and listen to small groups representing a range of views. Sarah Chayes, in “Thieves of State, Why Corruption Threatens Global Security,”emphasizes the importance of all government leaders holding such small group meetings. Among other things, it reduces the ability of unethical aides to filter information that reaches the top leaders. And it gives leaders accurate information about public concerns.
  • Deliberately running yes-men—and now women—for office. Behind-the-scenes power brokers keep control by seeking out and running women and men who will take orders. Even better, finding candidates who will do what they believe their benefactors want without being told. That includes elected women and men who bully those around them or only think of government as a way to make themselves important, as well as financially better off.

Resources for government corruption information:

In another article in 2015 in which she recalled the corruption of the South Vietnamese government, Tracy warned, “…All governments, not just those at war, suffer when corruption takes hold.  The corrosive effects of government corruption can be seen wherever the symptoms appear, like political patronage, attempts to stifle the free press, government secrecy—and where complacency takes hold of the electorate.”

Tracy was not one for conspiracy theories, not one to think all people in politics are corrupt (because almost all of them aren’t). She recognized corruption and went after it, though, as all good reporters do.

She also knew corruption will take root when the complacent public ignores its responsibility to pay attention, to think for itself, to ignore those who try to make them think they are victims rather than partners in government, and to support and elect the best people.

Every couple of years we have a chance to recognize that responsibility.

 

INTERNECINE WARFARE

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There is no joy in watching the divisions with the Republican Party.  Some are forecasting the end of the party as we have known it—conservative leadership at times, loyal opposition at others as the parties have swapped national leadership for more than two centuries.

But it is easy to project the death of either of our political parties.  And times have shown that such projections have been wrong.  Let us hope that Jon Meacham’s recent book that we often wrote about during last year’s campaign remains true: that Americans, when on the brink of destruction of our democracy, have coalesced and not gone over the cliff.

The other day, your noble researcher was going through some old newspapers looking for something else when, as often happens, something else caught his eye.

There was this cartoon at the bottom of page one of the June 23, 1912 edition of the Galveston Daily News:

The Republican Party was so badly divided that there was talk of a third party materializing out of the severe division.

And in 1912 that is exactly what happened.

The Chicago GOP convention nominated William Howard Taft for a second term.  The third tier of the headline speaks of resentment, “wild enthusiasm” for a losing candidate to threatened to form his own party, and did.  Teddy Roosevelt was the Bull Moose among Republicans.  In fact that became the nickname of the Progressive Party under whose label he ran in 1912, complaining that Taft’s policies were too conservative.

Times obviously were much different in 1912.

And this leads to another sidetrack.  When the Progressive Party met in August, it referred to its platform as “A Contract With the People” (so Newt was not particularly original all those years ago). Roosevelt told his followers, “Our cause is based on the eternal principle of righteousness; and even though we, who now lead may for the time fail, in the end the cause itself shall triumph.”

That’s an important thing to recall in these days when those in the progressive win of the Democratic Party are being ridiculed for promoting causes that are criticized as radical.  Her are some of the “radical” issues promoted by TR’s Progressive Party:

The Progressive Party had its own version of “Drain the Swamp” in its platform when it said, “To destroy this invisible Government, to dissolve the unholy alliance between corrupt business and corrupt politics is the first task of the statesmanship of the day.”

They called for such outlandish things as registration of lobbyists and disclosure of and limits to campaign contributions. They wanted a national health service that included all of government’s medical agencies. They wanted a social insurance program that provided for disabled, unemployed, and elderly citizens. They wanted to limit abilities of judges to limit strikes. They wanted to establish minimum wages for women, an eight-hour workday for everybody, and a workers compensation system for people injured on the job. They also promoted an inheritance tax—the “death tax” contemporary Republicans have targeted for years. And they wanted a Commissioner of Federal Securities. They said citizens, not legislatures, should elect United States Senators, letting women vote, and holding primary elections for state and federal office nominations. They favored giving citizens of the states the rights of initiative, referendum, and recall.

We haven’t read enough old newspapers to see if these terrible ideas were branded as “socialist” by non-progressive members of the two established parties. But they do show that today’s “progressive” ideas have a tendency to prevail through time.

Getting back on-topic:

The second page of the Daily News reported the 1912 Republican convulsions were hardly new:

Different people look at the 2021 convulsions within the Republican Party through different lenses.  Some worry that the party is self-destructing or that the Party is headed down the road that Germany headed down in the 1930s, or that the party will so badly divide and that so many members will defect that Democrats will become even more dominant.

An excellent question.

Predictions of the deaths of either of our two major parties have proven to be remarkably inaccurate.  Democrat Woodrow Wilson won the 1912 election with 41.8% of the vote, carrying forty of the forty-eight states. Roosevelt carried six and had 27.4% of the votes. Taft carried two states and got 23.2% of the votes.  There was a fourth candidate.  A Socialist.  Eugene V. Debs got six percent of the votes.

Wilson was re-elected in 1916 as this country hurtled toward a war he knew we could not stay out of, knowing that the popular campaign phrase, “He kept us out of war” was false.

In 1920, Republican Warren G. Harding got 60.4% of the popular vote.

In 1924, Republican Calvin Coolidge got 54% of the vote.

In 1928, Herbert Hoover got 58.2% of the vote.

It is reasonable to express grave concern about the future of the Republican Party and the sizeable and noisy segment of it that reminds many of a cult. While it is dangerous to dismiss the cult-culture segment of the party, it also is dangerous to declare the Republican Party cannot survive its latest division, and it is dangerous to laugh at the internecine warfare within it.

Remember 1912.  Then remember 1920. And 1924.  And 1928.

And also:

Don’t forget the “radical” ideas of Roosevelt’s progressives.

Time doesn’t heal wounds. It becomes the history that just records them. People overcome them. Or, at least, they have up to now.  And, we hope, they will again.

How a Possum Stopped Radicalization 

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We’ve seen something such as this before:

A political party seized by a charismatic leader with radicalized followers at a time of national division sees voter suppression as one of the keys to maintaining its power and threatens to drive the other party into oblivion.  But the party develops an internal fracture between the radical wing and the more traditional element and there are fears that IT will be the party going into oblivion.

From this contentious time there emerges a possum and over time, it rescues both parties.

This was the political situation in Missouri fifteen decades ago.

During the Civil War, the interim government—Governor Price and several members of the legislature had fled to Arkansas to set up a government in exile that finished the war headquartered in Texas—Radical Republicans left in control in Missouri adopted a loyalty oath to make sure Missouri would have only Union-loyal officials in charge.  The Radical movement had begun about the time the Republican Party began in the mid-1850s, their name coming from their demand for immediate end to slavery. During the war, they were opposed by the moderate wing of the party led by Abraham Lincoln, who had run fourth in the 1860 election in this state, as well as by Democrats, who were more oriented toward southern sympathies.

The Radicals confirmed their control of Missouri government with the election of Governor Thomas Fletcher in 1864, thanks in part to the organizational skills of St. Louis lawyer Charles D. Drake who in 1863 argued for a new state constitution and disenfranchisement of all Confederate sympathizers. Carl Schurz, a future U.S. Senator and a leader of Missouri’s German citizens, called him “inexorable” and said Republicans “especially in the country districts, stood much in awe of him,” which might sound familiar today.

Radical Republicans pushed through The Drake Constitution, named because of his influence, in 1865. It contained a harsh loyalty oath that basically denied citizenship rights to anyone who would not pledge that they had given no support to the rebellion. Regardless of loyalty during the war, even if a person were a Union General, citizens could not vote, practice a profession, or serve in positions of public trust unless they swore to that oath. Drake and his Radical Republicans produced a list of 81 actions that defined disloyalty. For six years the Drake-led Radicals controlled politics in Missouri and Drake became a United States Senator.

Missouri’s moderate Republicans were reeling during those years and Democrats feared for their own party’s existence.  And this is when the possum was born that saved both political groups.

Drake’s Radicals began to see rising opposition from those who called themselves Liberal Republicans—remember this was 1870 and the two words, “liberal” and “Republican” were not an oxymoron.

The Liberals had had enough of Drake and his Radicals by the time the State Republican Convention was held in Jefferson City on August 31, 1870.  The Committee on Platforms filed two reports, a majority report from the Liberals favored immediate re-enfranchisement of former Confederates.  The Radical, minority, report favored a statewide vote on the question. With former Confederate supporters banned from voting, the outcome of the election pretty clearly would have maintained Radical Control.  When the convention adopted the Radical position, about 250 Liberals walked out and nominated their own ticket with Benjamin Gratz Brown its candidate for Governor.  The Radicals nominated Joseph McClurg for a second two-year term.

Democrats, still weak shortly after the U. S. Supreme Court threw out part of the loyalty oath, decided not to put up a statewide ticket.  William Hyde, the editor of The St. Louis Republican, a Democratic newspaper despite its name, is credited with creating what became known as “The Possum Policy.”  Instead of running its own slate, the Democrats threw their support behind the Liberal Republican candidate, Brown.

Walter B. Stevens, in Missouri, the Center State, 1821-1915, records an exchange of telegrams after the State Democratic Convention decided to support Liberal Republicans in which former U. S. Senator John Brooks Henderson—who did not run for re-election after voting against convicting President Johnson of impeachment charges—told Brown, “The negroes of this state are free. White men only are now enslaved. The people look to you and your friends to deliver them from this great wrong. Shall they look in vain?”

Brown wired back, “The confidence of the people of this State shall not be disappointed. I will carry out this canvass to its ultimate consequence so that no freeman not convicted of crime shall   henceforth be deprived on an equal voice in our government.”

The Democrats’ “Possum Policy” helped Brown defeated McClurg by about 40,000 votes, effectively ending the Radical Republican reign in Missouri.

The Liberal Republicans, created for the sole purpose of ending radicalism within the party, could not survive on their own. Governor Brown’s Secretary, Frederick N. Judson, reflected, “A party based upon a single issue, called into being to meet a single emergency, could not in the nature of things become permanent…and though its party life was short, it is entitled to the imperishable glory of having destroyed the last vestige of the Civil War in Missouri. A nobler record no party could have.”

National Democrats failed to follow the Missouri party’s “Possum Policy” and in 1872 nominated a presidential ticket of Horace Greeley, the New York newspaper publisher then in failing physical and mental health, and Benjamin Brown of Missouri—-a move that antagonized the national Liberal Republican movement and led to a crushing defeat for Democrats as Liberal Republicans opposed to the Grant administration had no place to go and so supported it anyway. With that, Liberal Republican movement died nationally.

In Missouri, the re-enfranchised Democrats elected Silas Woodson to succeed Brown as Governor, beginning Democratic control of the governorship until Republican Herbert Hadley was elected in 1908.

Missourians adopted a new constitution in 1875, throwing out the punitive Drake Constitution.  It lasted until our present State Constitution was adopted in 1945, the longest-standing constitution in state history.

Republicans paid a price to overcome the radicalization of their party 150 years ago but paying that price made sure that the rights of thousands of people were no longer endangered or no longer remained limited.

Being out of power did not and does not mean being without influence. History tells us we became a better nation because political courage manifested itself at the right time within the Republican Party.  In the long term both parties saved themselves.

We are not advocating that the Republican National Committee adopt a “possum policy” in 2022 or in 2024 to stamp out radicalization within the party nor are we saying splitting the party will be the solution now that it was then. But history reminds us of the dangers of radical politics and the sacrifices that have to be made, sometimes on both sides of the aisle, to make sure it does not overwhelm us.

If I Were a Lawyer–

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—in the District of Columbia, I would have been at work for a more than a month signing up as clients Capitol and District police officers and their families for a gigantic personal injury lawsuit against Donald J. Trump. I imagine there have been some pretty busy attorneys already.

I also might be signing up the families of the men and women now in custody and facing prison time because they believed Trump summoned them to Washington to do his bidding and upend the 2020 election results by stopping the certification of the Electoral College votes.  These families are facing economic damage caused by the loss of a wage-earner and might face a certain level of social ostracism because a family member took part in January 6th (there is no need to say “the January 6th insurrection” or “riot,” because this is a specific date that will mean something, as 9-11 means something without further definition). A massive class action civil lawsuit featuring dozens of hours of powerful witness-stand testimony will be difficult to counter by defense counsel saying, “He didn’t really mean it to turn out that way” or calling the damage lawsuits violations of his First Amendment free speech rights.

One might be able to say many things and escape penalty for saying them. But there is a penalty for the damage those words produce.

The creativity of the legal profession is likely to produce other clients with other claims of other kinds.  It would not be surprising that Mr. Trump’s financial empire, such as it is, to be placed in incredible jeopardy.  It will take legal representation of epic brilliance to defend him from devastating financial liability.

In every lawsuit, in every argument, Trump’s involvement in the worst assault on our system of government since the secession of southern states if not in all national history will be recalled. Every case will batter him personally as well as financially and likely will undermine his political credibility further.

But civil court proceedings are not the only difficulty facing the former president. Criminal investigations of the financial dealings of Trump and his family as well as investigations into his efforts to change election results—and who knows what other possibilities exist—appear to be lurking in the offices of federal and state prosecutors.

The chutzpah displayed in his post-trial claim that he will be a significant influence in the 2022 elections or a viable presidential candidate for 2024 will become more questionable as each of these possible civil and criminal cases moves forward.

The aftermath of his second impeachment trial could be worse for him than the week just past.

Senate Minority Leader Mitch McConnell’s post-trial speech scathingly rejecting Trump’s presidency can be seen, might be seen, by many as the first significant step by the Republican Party to be a party it used to be—a party greater than Donald Trump.

Some see McConnell’s speech as duplicitous, pointing to his former role as Majority Leader when he suggested the House impeachment charges should not be delivered to the Senate while Trump was still in office and then claiming the Senate could not convict Trump because the charges had not been filed before Trump left Washington.

Although McConnell’s statement is unlikely to lessen public cynicism toward government, his direct post-trial attack on Trump is something on which the party can build—if it will.

In his own post-trial statement, Trump never mentioned January 6.  He never mentioned the assault on the capitol.  He never mentioned any regrets that his mob imperiled the people who voted to acquit him. He never extended any sympathies to the people injured in the assault or who died that day and in succeeding days because of those events. He still has not admitted that he lost the election, continuing to emphasize his 75-million votes, still refusing to acknowledge that somebody else got seven-million more through the same processes that gave him 75-million. He promised to reveal a new “vision” soon for American greatness. Let us hope his new definition is better than his old one.

Having survived the latest political questions about his actions that day, perhaps he should spend some time developing a vision for dealing with the legal problems likely to come.  No beautiful wall around Mar-A-Lago will keep the lawyers out.

Those in the Middle

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Abraham Lincoln was born 212 years ago today.  He was the second Republican to run for President and the first to win. A lot can happen to a political party, and has, in the 160 years since he entered the White House.

The party made a critical decision about its future when it nominated him, a moderate in a time of rising radicalism, to run for President of the United States. Today’s Republicans might be facing a decision about their party’s future that is no less serious than the party’s decision in 1860. There is concern, however, about who are the people who will make that decision or who will take it in its future direction.

Sarah Longwell runs a conservative website, The Bulwark, and does a conservative podcast.

She made an interesting point this week about some people who have, by and large, escaped the spotlight that is shining on our ex-president and on the insurrectionists he is accused of spending months motivating to take actions that will put many of them in prison.

“Hold Them All Accountable,” says the headline on her website entry last Tuesday.  She asks, “What of the elected officials whose months of lies agitated and radicalized the crowd, even before it was incited to insurrection?”

And who are these people she thinks are running under the radar?

“Finding 17 Republican senators to convict Trump is a Herculean task, not least because many of them joined him in feeding the lie that brought these people to the Capitol in the first place. In this regard, this trial is unique for having members of the jury who are not just not impartial, but are both witnesses and accomplices to the crime.”

Longwell reminds us to remember that more than one-fourth of Republicans in the Senate were on-record objecting to certifying the Electoral College results. She calls their demands for investigations into Trump-claimed extensive voter fraud “nothing less than hype-man interjections meant to bolster Trump’s claims that he ‘won in a landslide’ and that the election was being stolen.”

She especially targets our own Josh Hawley along with colleagues Ted Cruz, Ron Johnson, and Lindsey Graham who “were happy to jump in front of every available television camera to discuss the unprecedented allegations of voter fraud no matter how discredited those allegations were.”

She also scorns some house members: Louis Gohmert who suggested “violence in the streets” was the only thing left after a federal court refused to order Vice President Mike Pence to reverse the results; Madison Cawthorn, who suggested people call their congressmen and “lightly threaten” them if they didn’t reverse the results; Mo Brooks, who said just before the insurrection, “Today is the day American patriots start taking down names and kicking ass.”

She recalls 126 House Republicans joined the Texas Attorney General’s lawsuit questioning the results in four swing states.

“So now, while those arrested for the Capitol attack are—rightly—facing hard time, the Republicans and members of Conservatism Inc., who filled these thugs’ heads with poison and pointed them toward the Capitol are ‘moving on,’ their campaign fund flush with the millions they raised claiming they were going to ‘stop the steal.’”

She quotes former Senate Majority Leader Mitch McConnell’s observation that, “The mob was fed lies. They were provoked by their president and other powerful people.”

Longwell says that means that ‘the elected officials who fed these people lies should be held accountable in some way, too.”

Sarah Longwell finishes, “Call witnesses. Prosecute the case. And never forget who the enemies of democracy were.”

She was interviewed on NPR”s Morning Edition earlier this week and host Sacha Pfeifer asked her how penalties could be exacted against those in Congress who supported The Big Lie. She answered, “Unfortunately, the electoral process is going to take a long time to play out…So it has to be the rest of our culture. It has to be with the process of shame.  You need the business community to stand up and say we draw a bright line for people who objected to this election, that that is disqualifying to hold public office for people whotold lies to voters. Fifty million people believing that the election was stolen is an existential threat to our democracy.”  More specifically for the business community, “Withholding their donations, saying we are not going to donate to politicians who objected to a free and fair election.”

She thinks newspapers have a role with “editorial boards calling relentlessly for the resignations…We’ve got billboards up through our Republican Accountability Project calling for a lot of these foficials to resign. There is—needs to be a relentless public pressure that says what they did was wrong and be very clear about that becuae it was wrong.”

Longwell thinks it will be difficult for government to have a Biblical “physician, heal thyself” attitude because “so many Republicans participated in this problem that they’re not really going to hold each other accountable…Democrats essentially have to do it (but) then it looks entirely political, which is why the rest of the culture sort of has to step in here.”

She urged “as many Republican senators as possible (to) stand up and do the right thing now because it’s really going to matter, showing people that there is come accountability even within your own party.”

The entire article is at: https://thebulwark.com/hold-them-all-accountable/

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Sarah Longwell might not set well with the Trump true believers.  She has a background as a Republican strategist and is a former Senior Vice-President and Communications Director for noted GOP lobbyist Richard Berman.  She now runs her own communications company in DC. She was the first woman to sit on the board of Log Cabin Republicans, a Republican organization that refused to endorse Donald Trump in 2016.  She resigned as chairman of the board when the organization endorsed him in 2019.  Now a Never-Trumper, she leads a group called Republicans for the Rule of Law, an organization she founded with noted conservative writer Bill Kristol.  The organization advocated for Trump’s impeachment and removal two years ago.

Impeachment Rides Again

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The second Senate trial of Donald Trump begins today with Trump’s same threatening shadow over those who might personally and intellectually believe he deserves no sympathy but who are unable to resist his politically-threatening presence. .

If it is improper to impeach and convict someone whose behavior in office so strongly breaches all bounds of propriety after he or she vacates the office, how then can that person be held accountable for his direct or indirect actions?  How is justice to be exacted on behalf of the Republic?

Is Lady Justice to be stripped of her scales by the calendar or does she carry them into his or her political afterlife ?

The Senate voted 56-44 yesterday afternoon that Lady Justice is mobile.

We encourage you to watch these events on C-SPAN as much as you can. Stay away from partisan sources.  Watch, listen, be informed by an organization that lets you watch, form your own opinions, and decide if justice is done.

There is considerable doubt that enough Republicans will join with Democrats to reach the two-thirds majority needed to convict Trump. Based on the vote that the proceeding is constitutional, Democrats need to pick up eleven Republican votes to convict.

In truth, conviction would appear to be more likely if these proceedings were done in secret as we observe the strong secret caucus vote of confidence for Representative Lynne Cheney who was facing party punishment for voting to impeach.  But the public vote to take away committee appointments from Marjorie Taylor Greene for her outlandish advocacy of numerous debunked conspiracies found few Republicans willing to step up.  It is easy to be courageous if those who seek to intimidate you do not know who you are. But courage in public despite a penalty that might be threatened or imposed is rare no matter how much it is justified.

Honor is achieved in the light, not in the darkness.

Should the Senate fail to generate the needed two-thirds vote to convict, the former president might once again proclaim victory.  It is a mistake for others to respect that proclamation.

Even if the final vote is 51-50, with the Vice President breaking a tie, the Senate will achieve a majority that Trump never achieved in either of his presidential elections.  In 2016 he achieved only 46.1%.  In 2020, he achieved only 46.9%.

Forget all of the pap about getting 74-million votes.  He lost. By millions of votes. Chris Kobach, whose investigation failed to turn up all the fraudulent votes Trump claimed were against him in 20-16 won’t be able to find fraudulent votes in 2020 either.  God knows Rudi Giuliani tried even harder last year than Kobach did in ’16, tried so hard he’s being sued for billions by the companies that made the voting machines.

Let all of the senators regardless of whose side they are on (willingly or fearfully) and all of us listen to and see the evidence from both sides.  Our Senators and 98 of their colleagues eventually will vote and we hope they will vote their conscience, not their fear of retribution.

And as we noted in observing Trump’s first trial, a verdict of “not guilty” is not the same as finding him “innocent.”   By whatever gauge anyone might use to consider Trump’s behavior, the word “innocent’ cannot be used with validity.

A lot of people who are in jail or are out on bond facing tough charges and hard time will not connect “innocent” to him.

(Incidentally, has anyone heard of Trump calling the families of those who are facing those charges, or calling the families of any of those who were hurt or who have died because of the onsurrection to offer any comfort or, in the case of police officers injured in protecting the building and the people who work in it, any sympathy?)

We shall wait for honor and courage to be displayed by those who sit in judgment of Donald J. Trump.

Things seemed so normal then

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Remember how normal things seemed the last time we gathered on a chilly Monday on the south front of the Capitol lawn for the inauguration of a new governor?

Eric Greitens, a young Republican populist, riding the wave of the Donald Trump-led populist surge nationally, was sworn in as governor in what he referred to in his opening remarks as “our republic’s most revered ritual: the peaceful transfer of power.”

Greitens, who saw the governorship as one step in his eventual trip to the White House, promised to “be loyal to your needs and priorities—not to those who posture or pay for influence.”

Former sheriff and former senator Mike Parson, days removed from open-heart surgery, surprised some of us by being on the platform, taking the oath as Lieutenant Governor.

Jay Ashcroft, son of a former state auditor, attorney general, governor, and U. S. Senator John Ashcroft (only Mel Carnahan matched him by holding four statewide offices in his career), was sworn in as Secretary of State.

Former Senator Eric Schmitt became the new State Treasurer that day.

And University of Missouri law professor Josh Hawley took over as Attorney General after a campaign in which he vowed he would not use the office as a stepping stone to something higher.

Nobody wore masks that day, four years and two days ago.

Eleven days later, another inauguration saw Donald Trump rise to the Presidency, a surprise to many in the Republican establishment and a frightening possibility in the eyes of many who were not his deepest believers.

How normal things seemed even then—despite the uneasiness many felt about the tenor of the campaigns that put Greitens and Trump in office on those days.

A few months after that bright but chilly January day, Greitens was gone, resigning before he could be impeached after refusing to reveal records of his campaign and ongoing finances, and being dragged through the headlines generated by a sex scandal.

His resignation triggered unprecedented chair-swapping in state government.  Mike Parson moved up to governor and appointed term-limited Senate leader Mike Kehoe as the new Lieutenant Governor, an appointment later ruled legal by the Missouri Supreme Court.

Josh Hawley, forgetting his promise not to use his office as a stepping stone, rode the continuing Trump wave to victory over Claire McCaskill two years later, leading Governor Parson to appoint State Treasurer  Schmitt to replace Hawley in the Attorney General’s Office. The House budget chairman, Scott Fitzpatrick, was appointed to become the new Treasurer.

Only Jay Ashcroft remains where voters put him four years and two days ago.

Today is far different from that day four years ago.

Our capitol has emerged from months in a giant plastic cocoon in which workers cleaned and replaced stone put in place more than a century ago, ended serious water leakage problems, and even restored Ceres, the patron goddess of agriculture, to the top of the dome so she once again welcomes those attending today’s ceremonies.

Mike Parson is being sworn in for a term of his own as governor, bearing the scars of dealing with a pandemic, a state economic collapse it caused, and the pain of the budget cuts he had to make–all in an election year.

Eric Greitens’ wife left him; he reportedly is hoping he can rehabilitate himself to seek public office again, although his thoughts of a presidency might be much dimmer than they were when inauguration day was HIS day full of hope.

Josh Hawley, with his own dreams of White House glory, is under intense criticism from former supporters in the public and present colleagues in Washington for his attempt to capitalize on Donald Trump’s conspiracy theories that have led to one of the most alarming political incidents in our lifetimes.

Donald Trump is isolated and increasingly alone, living the bitter final days in power he fears giving up, the idea of a peaceful transfer of power completely foreign to him.

And today we wear masks, our nation still under siege from a terrible virus that has forced us to withdraw from friends and family.

Oddly enough, a sentence from the inaugural address of Eric Greitens on January 9, 2017 comes to mind.

“This state in the heart of America has proven that the worst in our history can be overcome by the best in our people.”

Let us hope and fervently pray that on that, at least, he will be correct.