It was one of those little mysteries that we notice that stays quietly in the backs of our minds but doesn’t nag at us. But then somebody says something and the mystery is solved although they don’t know there ever was a mystery.
This mystery is rooted in the story of one of Jefferson City’s most prominent 19th Century citizens, the donation of a building to the city, the founding of a church, and the creation of a center to help the city’s needy a century after a man’s death.
And a mausoleum.
Joseph M. Clarke, Ohio-born, Illinois newspaperman, Alabama horse trader, Osage County Missouri plantation owner, state legislator, and Jefferson City banker is at the center of the story.
He was a city developer and philanthropist and upon his death toward the end of 1889, he bequeathed Bragg Hall to the city. Bragg Hall still stands at the corner of High and Monroe Streets, on the southwest corner. For decades, the upper floors were city hall, with the city council chambers (which doubled as the Municipal Court during the daytimes) on the top floor.
One of the provisions of his will was that the city had to pay for a life-size bronze statue of Clarke to be kept in the building. Portraits of his wife, Lavinia, and of his two sons, Marcus and Junius, also were to be placed prominently in the building. All of them wound up in the council chambers, the statue in the southeast corner where it watched the council proceedings, the portraits of his sons on the east wall and the life-size portrait of his wife on the west wall. In those days, five councilmen sat on each side of the room and I always felt sorry for the councilmen on the east because Mrs. Clarke was, well, a very severe looking woman and I often wondered if any of the council members felt her withering gaze.
Bragg Hall became inadequate as a city hall in the 1970s and after negotiations with Clarke descendants, the city sold the building and moved to a new city hall. But the new building didn’t seem to have adequate space for the bronze Clarke and the canvas family members. Four years later, when the city opened a nutrition center, it was named for Clark. And today folks who have meals there do so under the watchful eyes of Mr. Clarke and his sons. And I think Lavinia is watching their table manners closely.
One of the other things Clarke did was to give the First Christian Church a lot at the corner of (then) East Main and Adams Street as the site for its first sanctuary, to which he also contributed liberally.
All four members of the Clarke family are in that mausoleum in the old cemetery. One day while I was doing some church research about Clarke, I went to the mausoleum, the interior of which was pretty dusty and cobwebby and peered through the locked door. There wasn’t much to see except for a very old chair that was slowly collapsing under the weight of dust and decades.
Why is that chair there? I wondered. Were they expecting visitors? Were they thinking someone would come in a sit with them for a while? Somebody would come in and tell them what had happened with their gifts?
That chair was the mystery that stuck in the back of my mind for several years. Since then, the mausoleum has undergone a maintenance and repair effort.
A few weeks ago I think I learned what that chair was and why it was there.
The Christian Church has been without a minister for more than a year, a situation that will be resolved this coming Sunday when our new minister preaches his first sermon. In the interim we have had “pulpit supply” ministers filling in, including three retired ministers who are members of the congregation. We’ve had sermons from two lay members. And on June 26, a young woman who was raised in our church—her parents and her grandmother are still active members—and then went on to become a minister stood in the pulpit and asked what kind of a church we would be in the future, one stuck in the old ways or “will we accept the mantles of change and embrace our own giftedness and passions?”
Her sermon was based on the story of Elijah, the prophet from the Old Testament Book of Kings where stories of his miracles are told—one of which is resurrection. Early in the message, Sarah Blosser Blackwell referred to an ancient custom that sometimes is practiced in some homes today:
An empty chair at a family gathering was likely referred to in passing as the “Elijah” chair. The idea was that since Elijah did not die an earthly death, but instead was taken up into heaven, and we should save him a space in case he returned. According to Jewish tradition, Elijah was known as the messenger of the covenant and, thus, was present at every circumcision, so a chair was left open for his arrival. Later that became the place of honor for the godfather of the child.
And there it was!
That was why the chair was in the Clarke family mausoleum—the Elijah Chair where he could sit when he returns as a harbinger of the arrival of the Messiah.
I don’t think there’s a chair in the mausoleum since the repairs were made. I could see no sign of it as I peered through the three dingy windows. It’s unknown if the chair had been put there at the request of the Clarkes or if it was just part of a tradition in 1889.
I kind of think there should be a chair in there now, though.
This is a day of eloquent words. The celebration of that eloquence is overshadowed by the festival this day has become.
We’re not talking only about the eloquence of the Declaration of Independence, approved by the Continental Congress on this day (but not signed by the 56 delegates for some time), but for the eloquence of a speech by a special man before thousands of admirers on this date.
This is the day in 1939 that Lou Gehrig, one of the greatest players and greatest people to play baseball, said goodbye—with words of courage and gratitude before a crowd of almost 62,000 people in Yankee Stadium who had come for baseball games but mostly to pay tribute to Lou Gehrig.
The words were spoken a little more than a month after a consequential trip to Missouri.
The most memorable line came at the beginning, not the end—as is the case with the Declaration’s most famous line.
“Fans, for the past two weeks you have been reading about the bad break I got. Yet today I consider myself the luckiest man on the face of this earth. I have been in ballparks for seventeen years and have never received anything but kindness and encouragement from you fans.
“Look at these grand men. Which of you wouldn’t consider it the highlight of his career just to associate with them for even one day? Sure, I’m lucky. Who wouldn’t consider it an honor to have known Jacob Ruppert? Also, the builder of baseball’s greatest empire, Ed Barrow? To have spent six years with that wonderful little fellow, Miller Huggins? Then to have spent the next nine years with that outstanding leader, that smart student of psychology, the best manager in baseball today, Joe McCarthy? Sure, I’m lucky.
“When the New York Giants, a team you would give your right arm to beat, and vice versa, sends you a gift – that’s something. When everybody down to the groundskeepers and those boys in white coats remember you with trophies – that’s something. When you have a wonderful mother-in-law who takes sides with you in squabbles with her own daughter – that’s something. When you have a father and a mother who work all their lives so you can have an education and build your body – it’s a blessing. When you have a wife who has been a tower of strength and shown more courage than you dreamed existed – that’s the finest I know.
“So I close in saying that I may have had a tough break, but I have an awful lot to live for.”
As far as the trip to Missouri—
Gehrig had sensed something was wrong when he hit “only” .295 in the 1928 season with 29 home runs and 114 runs batted in—the kind of season most of today’s major leaguers would love to have. But it lowered his lifetime batting average to .340 and left him 287 hits short of becoming the seventh player with 3,000 hits, an achievement he could have expected to reach in 1939 under normal circumstances. It also left him seven short of 500 home runs and six short of 2000 runs batted in, both statistics he would have achieved in ’38 if he had had a normal year.
He was troubled at the start of the 1939 season by the fact that he was only four for fourteen in the World Series, all of the hits being singles, and going four-for-28—again, all singles—to start the year. He didn’t hit a home run during spring training and his coordination in the field was off. He played his last major league game on April 30, then told manager Joe McCarthy he was benching himself after 2,130 straight games.
But there would be one more game. Gehrig was still the Yankees’ captain, often the man who took the lineup card to the home plate umpire at the start of the game, as he did during a series in June against the St. Louis Browns. It was there that Gehrig told reporters he was going to the Mayo Clinic soon for some tests but expected to return to the playing field during the summer. “I can’t help believing there’s something wrong with me,” he told them. “It’s not conceivable that I could go to pieces so suddenly. I feel fine, feel strong, and have the urge to play…I’d like to play some more and I want somebody to tell me what’s wrong. Usually a fellow slows up gradually.” But this year, he said, “Without warning…I’ve apparently collapsed.”
After wrapping up the series with the Browns, the Yankees went to Kansas City for an exhibition game against their best minor league team, the Kansas City Blues, team that matched rising Yankee star Joe DiMaggio against brother Vince, who played the same position for the Blues against the Blues’ up and coming double play duo of shortstop and future Hall of Famer Phil Rizzuto and second-baseman Jerry Priddy, who combined that year for 130 double plays, a league record. They were called up by the Yankees in ’41.
Lou Gehrig played his last game on June 11, 1939 in Kansas City. He played in great pain, but played errorless ball at first base. His last at-bat was in the third inning. He grounded out to Priddy.
While the rest of the team took a train to Cleveland for a series there, Gehrig and his wife, Eleanor (in this AP photo from 1936), flew to Rochester for tests on the 13th that she had arranged. Six days later, the clinic’s Dr. Harold C. Habein issued a “Two whom it may concern” letter telling Gehrig he had been diagnosed with Amyotrophic Lateral Sclerosis, an illness that “involves the motor pathways and cells of the central nervous system and in lay terms is known as a form of chronic poliomyelitis—infantile paralysis.”
The letter concluded, “The nature of this trouble makes it such that Mr. Gehrig will be unable to continue his active participation as a baseball player inasmuch as it is advisable that he conserve his muscular energy. He could, however, continue in some executive capacity.”
Gehrig took the letter to manage Joe McCarthy and team president Ed Barrow on the 21st. They released the information to the media that day and announced that July 4th had been set aside for Lou Gehrig Appreciation Day at the stadium.
Gehrig admitted he was shocked by the findings. He told New York sportswriters, “Mrs. Gehrig and I are fully resolved to face the situation calmly” and he called the trip to the Mayo Clinic “the best move I ever made.” But he didn’t ignore the reality of his situation. “My friends tell me not to worry. They slap me on the back and say, ‘Don’t worry, Lou. Everything is going to be all right.’ But how can I help worrying.”
He was honored during a forty-minute ceremony held between games of a doubleheader against the Washington Senators. There were a lot of gifts including a fruit bowl and two candlesticks from the New York Giants. The one that might have had the most meaning was a 21-inch silver trophy from his 1939 teammates, their names and a poem by New York sportswriter John Kieran engraved on it.
To LOU GEHRIG
We’ve been to the wars together;
We took our foes as they came:
And always you were the leader,
And ever you played the game.
Idol of cheering millions:
Records are yours by sheaves:
Iron of frame they hailed you,
Decked you with laurel leaves.
But higher than that we hold you,
We who have known you best;
Knowing the way you came through
Every human test.
Let this be a silent token
Of lasting friendship’s gleam
And all that we’ve left unspoken.
Your Pals of the Yankee Team.
When Gehrig walked back to the dugout that day, the only one of the many gifts he took with him was that trophy.
Kieran said his poem was a “feeble interpretation” of how the players felt about Gehrig, who was his neighbor in the suburb of Riverdale, New York. Kieren often visited Gehrig as his health declined. One day, Kieran later related, Gehrig pointed to the trophy and said, “Some time when I get—well, sometimes I have that handed to me—and I read it—and I believe it—and I feel pretty good”
Lou Gehrig died, only 37 years old, On June 2, 1941. Six months later, the Baseball Writers Association of America voted unanimously to ignore the traditional waiting period for admission to the Hall of Fame and unanimously elected him.
When Eleanor Gehrig died in 1984 she donated that trophy to the Hall of Fame. It and other Gehrig memorabilia are on display in Cooperstown.
Amyotrophic Lateral Sclerosis is known as Lou Gehrig’s Disease. There still is no cure for it. Nor is there an effective treatment to stop it or reverse its progression.
July 4th. A day we normally observe eloquent words. Perhaps a few of us today will remember, too, words not only of eloquence but of courage in the face of a life to come and gratitude for the life that had been.
” All my life, I have said (as to myself, and at times, by way of sarcastic prescription for others) that I never . . . talk . . . any . . . faster . . . than . . . my . . . mind . . . can . . . think.”
—Judge Michael Luttig. June 16, 2022 before the January 6th Committee.
Nancy and I had the same reaction as we listened to Judge Luttig’s testimony. We both recalled a routine by the comedy duo of Bob Elliott and Ray Goulding, Bob & Ray, in which Ray interviewed the President of the Slow Talkers of America.
Sometimes we talk too rapidly. We are so accustomed to talking rapidly, even before we have understood a question or a discussion point, ignoring the admonition from the Gospel of James: “Everyone should be quick to listen, slow to speak and slow to become angry, because human anger does not produce the righteousness that God desires”
The most underrated part of speech is the pause.
—-because pauses give listeners the chance to process what we say.
As we watched, it became apparent to us that Judge Luttig realized the gravity of his appearance before the committee, and wanted to so carefully respond to questions that there could be no lack of clarity in his responses or misunderstandings of what he said. His pauses made us listen more closely.
We were drawn into his answers not only by the pauses but by the exactness of his words. And it was because his pauses caused us to listen so carefully that one line had an impact (at least to this listener) greater than all of the others. It came as the committee was discussing the erroneous advice given President Trump that history and law establish a precedent for the Vice-President to overturn a presidential election. Judge Luttig, after refuting that claim, told the committee: “I would have laid my body across the road before I would have let the Vice President overturn the 2020 election on the basis of that historical precedent.”
He didn’t say that as the written transcript preserves it. Without raising his voice, the pacing of his statement carried an unmistakable power and a passion as he carefully formed his thoughts, pausing as he did so, knowing that his words became history a soon as he spoke them.*
Near the end, his carefully-delivered words carried a warning:
Today, almost two years after that fateful day in January 2021, that still Donald Trump and his allies and supporters are a clear and present danger to American democracy.
In the days since his testimony an unusual thing has happened. The judge has explained why he spoke as he did. Several organizations have reported his explanation. It began with praise from a writer for Vanity Fair, Joe Hagan, who wrote on Twitter:
“I like how this guy treats every line of his testimony like he’s engraving it on a national monument. And frankly, he really *is* engraving it for history. And he seems to know it. I also respect, despite how halting he may sound, that Luttig is not setting himself up to be a mere soundbite maker. He’s speaking to history, not TV. His sobriety, his graveness, his hallowedness, is so foreign to our modern sensibilities — but that’s the point. That is the precise point.”
Judge Luttig saw what Hagan had written and responded that Hagan “almost presciently understood precisely what I was at least attempting to do…”
What you could not know, and did not know, but I will tell you now, is that I believed I had an obligation to the Select Committee and to the country, first to formulate . . . then to measure . . . and then . . . to meter out . . .every . . . single . . . word . . . that I spoke . . . , carefully . . . exactingly . . . and . . . deliberately, so that the words I spoke were pristine clear and would be heard, and therefore understood, as such.
I believed Thursday that I had that high responsibility and obligation — to myself, even if to no other. Also please bear in mind that Thursday was the first time in 68 years, to my knowledge, I had ever been on national television, let alone national television like that. And though not scared, I was concerned that I do my very best and not embarrass myself, as I think anyone who found themselves in that frightening circumstance would be.
I decided to respond to your at once astute and understanding tweet finally this afternoon, because I have been watching the tweets all day suggesting that I am recovering from a severe stroke, and my friends, out of their concern for me and my family, have been earnestly forwarding me these tweets, asking me if I am alright. Such is social media, I understand. But I profoundly believe in social media’s foundational, in fact revolutionary, value and contribution to Free Speech in our country, and for that reason I willingly accept the occasional bad that comes from social media, in return for the much more frequent good that comes from it — at least from the vastly more responsible, respectful speech on those media.
That is why, 16 years after my retirement from the Bench, even then as a very skeptical, curmudgeonly old federal judge, I created a Facebook account and then a Twitter account — slowly . . . very slowly . . . one account first . . . and then . . . followed . . . by the other. All of this said, I am not recovering from a stroke or any other malady, I promise…
I was more ready, prepared and intellectually focused (I had thought) during Thursday’s hearing than I have ever been for anything in my life. I gather my face appeared ‘too red’ for some on Twitter, betraying to them serious illness. The explanation was more innocent than that. At the last minute, I had been able during the weekend preceding my testimony to help my daughter get settled into her new home, where the temperatures were in the upper 90s, and where I was appreciatively, though unwittingly, to get just a little bit of needed suntan!
What I will say, though, is this. And I think it explains it all. All my life, I have said (as to myself, and at times, by way of sarcastic prescription for others) that I never . . . talk . . . any . . . faster . . . than . . . my . . . mind . . . can . . . think. I will proudly assure everyone on Twitter that I was riveted, laser-like as never before, on that promise to myself… beginning promptly at the hour of 1:00 pm Thursday afternoon.
What is more, as consciously as one can be aware of something subconsciously, I was…supremely conscious that, if I were chiseling words in stone that day, it was imperative that I chisel the exact words that I would want to be chiseled in stone, were I chiseling words in stone for history.
He concluded, “I can assure you that on last Thursday, June 16, I had never felt, or been, better in my life.”
Judge Luttig, in addition to contacting Politico to explain his careful presentation, shared with the political news site a reflection he wrote in February about those who were heroes on January 6. He called the piece “the most important words to him that he has ever written” and said they are the words “that he wants remembered.” You can find it at:
Writing has no pauses. We, and many others, will remember Judge Luttig not for those words he wrote in February but the words and the pauses that he gave us on June 16, 2022.
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*National Public Radio (and others, probably) has been publishing transcripts of each day’s hearings. We have edited the NPR transcript for that hearing to highlight Judge Luttig’s testimony. For the full transcript, please go to https://www.npr.org/2022/06/16/1105683634/transcript-jan-6-committee
The transcript (excerpted)
LIZ CHENEY:
Thank you very much, Mr. Chairman. Judge Luttig, thank you as well for being here with us today. You issued a very important statement earlier today, which I urge all Americans to read. And I’d like to ask you, Judge, about one of the sentences in your statement and ask if you could explain to us the significance of it. You say, had the Vice President of the United States obeyed the President of the United States America would immediately have been plunged into what would have been tantamount to a revolution within a paralyzing constitutional crisis.
Could you elaborate on that for us, Judge?
MICHAEL LUTTIG:
Thank you, Madam Vice Chairman. That — that passage in my statement this morning referenced the — the most foundational concept in America, which is the rule of law. Thus, as I interpret your question, you are asking about that foundational truth of these United States, which we call America. The foundational truth is the rule of law.
That foundational truth is, for the United States of America, the profound truth, but it’s not merely the profound truth for the United States, it’s also the simple truth, the simple foundational truth of the American republic. Thus, in my view, the hearings being conducted by this select committee are examining that profound truth, namely the rule of law, in the United States of America.
The specific question of course before you and before the nation, not before me, is whether that foundational rule of law was supremely violated on January 6, 2021. Now, to the question specifically that you asked, Madam Vice Chair, I believe that had Vice President Pence obeyed the orders from his President and the President of the United States of America during the joint session of the Congress of the United States on January 6, 2021 and declared Donald Trump the next President of the United States, notwithstanding that then President Trump had lost the Electoral College vote as well as the popular vote in the 2020 Presidential election, that declaration of Donald Trump as the next President would have plunged America into what I believe would have been tantamount to a revolution within a constitutional crisis in America, which in my view, and I’m only one man, would have been the first constitutional crisis since the founding of the republic.
LIZ CHENEY:
Judge Luttig, did the Trump electors in those seven states who were not certified by any state authority have any legal significance?
MICHAEL LUTTIG:
Congresswoman, there — there was no support whatsoever and either the Constitution of the United States nor the laws of the United States for the Vice President frankly ever to count alternative electoral slates from the states that had not been officially certified by the designated state official in the Electoral Count Act of 1887. I did notice in the passage from Mr. Eastman’s memorandum and I took a note on it, and correct me if I’m wrong, but he said in that passage that there was both legal authority as well as historical precedent.
I do know what Mr. Eastman was referring to when he said that there was historical precedent for doing so. He was incorrect. There was no historical precedent from the beginning of the founding in 1789 that even as mere historical precedent as distinguished from legal precedent would support the possibility of the Vice President of the United States quote, “Counting alternative electoral slates that had not been officially certified to the Congress pursuant to the Electoral Count Act of 1887.” I would be glad to explain that historical precedent if the committee wanted, but it — it would be a digression.
JOHN WOOD:
Judge Luttig, I had the incredible honor of serving as one of your law clerks. Another person who did was John Eastman. And you’ve written that Dr. Eastman’s theory that the Vice President could determine who the next President of the United States is in your words incorrect at every turn.
Could you please explain briefly your analysis?
MICHAEL LUTTIG:
It was my honor, Mr. Wood, to have you serve as my law clerk. I — I could answer that question perfectly if I had at my disposal either Mr. Eastman’s tweet or my own analytical tweet of September 21st. But I don’t. But that said, let me try to remember the analysis of — of Mr. Eastman’s analysis.
JOHN WOOD:
And — and Judge, I can read to you and to the audience I think what was a really key passage from your very insightful analysis when you wrote, “I believed that Professor Eastman was incorrect at every turn of the analysis in his January 2nd memorandum beginning with his claim that there were legitimate competing slate of electors presented from seven states.”
You’ve already addressed that issue. But your next sentence said, “Continuing to his conclusion that the Vice President could unilaterally decide not to count the votes from the seven states from which competing slates were allegedly presented.” So what was your basis for concluding that Dr. Eastman was incorrect in his conclusion that the Vice President could unilaterally decide not to count the votes from these disputed states?
MICHAEL LUTTIG:
I understand. As I previously stated in response to Congresswoman Cheney, the — there was no basis in the Constitution or laws of the United States at all for the theory espoused by Mr. Eastman at all. None. With all respect to my co-panelist, he said I believe in partial response to one of the select committee questions that the single sentence in the 12th Amendment was he thought [unartfully] written.
That single sentence is not [unartfully] written. It was pristine clear that the President of the Senate on January 6th, the incumbent Vice President of the United States, had little substantive constitutional authority if any at all. The 12th Amendment, the single sentence that Mr. Jacob refers to, says in substance that following the transmission of the certificates to the Congress of the United States and under the Electoral Count Act of 1887, the archivist of the United States that the presiding officer shall open the certificates in the presence of the Congress of the United States in joint session.
It then says unmistakably not even that the Vice President himself shall count the electoral votes. It clearly says merely that the electoral count votes shall then be counted. It was the Electoral Count Act of — of 1887 that — that filled in, if you will, the simple words of — of the 12th Amendment in order to construct for the country a process for the counting of the — the — the sacred process for the counting of the electoral votes from the states that neither our original Constitution nor even the 12th Amendment had done.
The irony, if you will, is that, from its founding until 1887 in — when Congress passed the Electoral Count Act, the nation had been in considerable turmoil during at least five of its presidential elections, beginning as soon thereafter from the founding as 1800. So, it wasn’t for — almost 100 years later until the Electoral Count Act was passed.
So, that’s why, in my view, that piece of legislation is not only a work in progress for the country, but at this moment in history an important work in progress that needs to take place. That was long winded. I understand.
JOHN WOOD:
Well, Judge Luttig, at the risk of oversimplifying for the non-lawyers who are watching, is it fair to say that the 12th Amendment basically says two things happen, the vice president opens the — the certificates and the electoral votes are counted. Is it that straightforward?
MICHAEL LUTTIG:
I would not want that to be my testimony before the Congress of the United States. The language of the 12th Amendment is that simple.
JOHN WOOD:
Thank you, Judge.
PETE AGUILAR:
I appreciate that. In our investigation, the select committee has obtained evidence suggesting that Dr. Eastman never really believed his own theory. Let me explain. On the screen, you can see a draft letter to the President from October 2020. In this letter, an idea was proposed that the Vice President could determine which electors to count at the joint session of Congress.
But the person writing in blue eviscerates that argument. The person who wrote the comments in blue wrote, quote, “The 12th Amendment only says that the President of the Senate opens the ballots in the joint session. And then in the passive voice that the votes shall then be counted”. The comments in blue further state, “nowhere does it suggest that the President of the Senate gets to make the determination on his own”. Judge Luttig, does it surprise you that the author of those comments in blue was in fact John Eastman?
MICHAEL LUTTIG:
Yes, it does Congressman. But let me — watching this unfold, let me try to unpack what was at the root of what I have called the blueprint to overturn the 2020 election. And it is this.
And I had foreshadowed this answer in my earlier testimony to Congresswoman Cheney.
Mr. Eastman, from the beginning, said to the President that there was both legal as well as historical precedent for the Vice President to overturn the election.
And what we’ve heard today, I believe is — is what happened within the White House and elsewhere as all of the players, led by Mr. Eastman, got wrapped around the axle by the historical evidence claim by Mr. Eastman. Let me explain very simply, this is what I said would require a digression, that I would be glad to undertake if you wished, in short, if I had been advising the Vice President of the United States on January 6th, and even if then Vice President Jefferson, and even then Vice President John Adams, and even then Vice President Richard Nixon had done exactly what the President of the United States wanted his Vice President to do, I would have laid my body across the road before I would have let the Vice President overturn the 2020 election on the basis of that historical precedent.
But what this body needs to know, and now America needs to know, is that that was the centerpiece of the plan to overturn the 2020 election. It was the historical precedent in the years — and with the Vice Presidents that I named, as Congressman Raskin understands well, and the — the effort by Mr. Eastman and others was to — to drive that historical precedent up to and under that single sentence — single pristine sentence in the 12th Amendment to the United States Constitution.
Taking advantage of, if you will, what many have said is the inartful wording of that sentence in the 12th Amendment. Scholars before 2020 would have used that historical precedent to argue, not that Vice President Pence could overturn the 2020 election by accepting non-certified state electoral votes, but they would have made arguments as to some substantive, not merely procedural, authority possessed by the Vice President of the United States on — on the statutorily prescribed day for counting the Electoral College votes.
This is — this is constitutional mischief.
BENNIE THOMPSON:
The gentlelady yields back…
Judge Luttig, I want to give you an opportunity to share your thoughts on the ongoing threat. You’ve written the clear and present danger to our democracy now is that former President Donald Trump and other political allies appear prepared to seize the presidency in 2024 if Mr. Trump or one of his anointed candidates is not elected by the American people.
What do you mean by this?
MICHAEL LUTTIG:
Mr. Chairman, I’m honored beyond words by your words. I was honored on January 6th, 2021, and also honored beyond words to have been able to come to the aid of Vice President Mike Pence. I prayed that day just like the vice president prayed that day. I believe we may have prayed the — the same prayer to the same God. I prayed that same prayer with my wife this morning before I came into these hearings.
I have written, as you said, Chairman Thompson, that today, almost two years after that fateful day in January 2021, that still Donald Trump and his allies and supporters are a clear and present danger to American democracy. That’s not because of what happened on January 6th. It’s because, to this very day, the former president, his allies, and supporters pledge that, in the presidential election of 2024, if the former president or his anointed successor as the Republican Party presidential candidate were to lose that election, that they would attempt to overturn that 2024 election in the same way that they attempted to overturn the 2020 election, but succeed in 2024 where they failed in 2020. I don’t speak those words lightly.
I would have never spoken those words ever in my life, except that that’s what the former president and his allies are telling us. As I said in that New York Times op-ed, wherein I was speaking about the Electoral Count Act of 1887, the former president and his allies are executing that blueprint for 2024 in open, in plain view of the American public.
I repeat, I would have never uttered one single one of those words unless the former president and his allies were candidly and proudly speaking those exact words to America. Chairman, thank you for the opportunity to appear here today for these proceedings.
Our ex-President has been raging on his personal social media platform about the January 6th Committee hearings and their discoveries. Last Thursday, after the third hearing explored the physical danger faced by the Vice-President during the Trump-inspired riot, Trump took to his own personal platform to complain, “It is a one-sided, highly partisan Witch Hunt, the likes of which has never been seen in Congress before. Therefore, I am demanding EQUAL TIME to spell out the massive Voter Fraud & Dem Security Breach!”
Your faithful correspondent suggests the ex-President make a minor change in his characterizations of the committee. It’s a small thing but precision in language is important in times of great personal and national stress. The committee hearings do not constitute a witch hunt. Witches are females. Males are Warlocks. It would improve his credibility as an intelligent individual if he referred to the perceived attacks on him with the proper term.
It’s a Warlock Hunt.
Your faithful correspondent also agrees with the ex-President that he should be allowed equal time to respond to statements made by numerous associates and advisers and played back during the hearings.
We believe his most equal time should be spent under oath.
Before the committee.
And the committee should extend to him the privilege of speaking in an open, public, widely-broadcast hearing in which he could explain at great length his thoughts, actions, and words—unlike the way the committee has handled his associates, with closed hearings and excerpts of their testimony played in the public hearings. After all he WAS the President of the United States and he deserves that special courtesy.
He’s correct in observing that these hearings are something “which has never been seen in Congress before.” It would REALLY be something that has never been seen before if he would explain to the committee under penalty of perjury—-as so many of his associates have done—his justifications for his words and his actions or his lack of actions.
But maybe his request should be refused because—
actually, the hearings are Democracy’s equal time to lies he told at all of the rallies he held before and after the 2020 elections.
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There’s another observation we have, uh, observed in the months since those events.
Some members of Congress deny the events constituted a violent uprising or insurrection or riot or whatever. The people who came into the Capitol that day, they say, were just peaceful tourists.
We were peaceful tourists at the Capitol once when we took our children to Washington, D.C. So we know about these things.
We didn’t see any of the Congressmen who say the people on January 6 were like our family greet us at their offices, as ours did. (Our Congressman even took the children down on the House floor with him during debate that day; our son wanted to go back the next day but we told him the only way he could ever do that would be to get elected).
One of our previous Congressmen once invited us to visit him in Washington and even told us he’d take us to the House cafeteria for some of the famous bean soup that’s served there.
We didn’t see any of those Congressmen go out on the front steps of the Capitol and get their pictures taken with their peaceful constituents that day. Ours did. He even signed the picture.
We’re sure the peaceful visitors would have enjoyed seeing their representatives and senators. They probably had worked up a pretty good appetite by then, too, and might have enjoyed some bean soup.
What a bummer of a day that was for those visitors. They go to all the trouble they went to to travel to Washington, to gather at the Capitol, to make a special effort to get in to see their Congress people only to find there would be no family picture and no bean soup.
Weimar, Germany is the country’s celebrated cultural city, the home of writers Friedrich Schiller and Johann Wolfgang von Goethe. Composer Franz Liszt lived there for a time, as did 16th century painter Lucas Cranach the Elder. Walter Gropius founded the Bauhaus movement and the Bahaus School of design there. It also was the home for a time of artists and architects such as Paul Klee, Lyonel Feininger, Wassily Kandinsky, and Henry van de Velde. Composer Richard Strauss and philosopher Fredreich Nietzsche also lived there briefly. It is the city where Germany’s first democratic constitution was signed. It lasted from the end of World War I to 1933, when Hitler killed the Weimar Republic.
It also is four miles from the Buchenwald Nazi concentration camp.
At various times in World War II and the years leading to it, 240,000 people were imprisoned and where an estimated 56,545 died or were murdered.
And the people of Weimar claimed they did not know of what was happening there—-although slave laborers from the camp worked in its munitions industry. When American soldiers found the camp in early April, 1945, they were stunned by the human wreckage the Nazis had left behind. General Patton ordered the soldiers to go to Weimar and round up thousands of the “unaware” citizens and force them to tour the camp to see the atrocities being conducted in the name of their country. A reporter for The Guardian, a British newspaper wrote:
There in groups of 100 they were conducted on a tour of the crematorium with the blackened frames of bodies still in the ovens and two piles of emaciated dead in the yard outside, through huts where living skeletons too ill or weak to rise lay packed in three-tier bunks, through the riding stables where Thuelmann, the German Communist leader, and thousands of others were shot, through the research block where doctors tried new serums on human beings with fatal consequences in 90 per cent of the cases.
It was an experience they can never forget. Most of the women and some of the men were in tears as they moved from block to block. Many were crying bitterly. Some of the women fainted and could be taken no farther.
Legendary American journalist Edward R. Murrow toured the camp three days after the Army arrived. He was so shaken by what he saw that he waited three days to broadcast his story by short-wave radio back to CBS in New York. I believe it is the greatest broadcast in radio and television history:
A few days later, the Dean in Weimar, Richard Kade, speaking for the Protestant church in Germany said, “We carry no blame for these atrocities.” In a memorial service many years later, one of Kade’s successors, Henrich Herbst, admitted Protestant Christians had not “courageously admitted and put a name” to the “unspeakable suffering of women and children, Jews, communists, Social Democrats and Christians” at Buchenwald.
I visited Weimar on a lovely June morning when the streets near the town square were filled with singing and music by college students whose year had ended, where merchants had set up their little booths on the square selling their wares. I bought a gold gingko leaf pin for Nancy that day. The gingko is the official tree of Weimar.
We had lunch with the mayor and after that, as a cold front had moved through the area and the afternoon was chilly and misty, we visited Buchenwald.
And we saw the ovens.
And urns filled with ashes.
And we put little stones on the outlines of the barracks that Murrow described so graphically.
And we all thought of people living four miles away who chose not to know what was happening at Buchenwald.
We are living a Weimar moment in America today.
A special Congressional Committee is taking us on a graphic tour of January 6, 2021. But there are those who want to ignore the brutal ghastliness of that day and its attack on our democratic-republic form of government.
Murrow began his historic broadcast, “Permit me to tell you what you would have seen and heard had you been with me on Thursday. It will not be pleasant listening. If you are at lunch or if you have no appetite to hear what Germans have done, now is a good time to switch off the radio for I propose to tell you of Buchenwald.”
Last Thursday might, Congressman Bennie Thompson sounded a 21st Century equivalent to Murrow’s introduction: “We can’t sweep what happened under the rug… So, tonight and over the next few weeks, we’re going to remind you of the reality of what happened that day, but our work must do much more than just look backwards. The cause of our democracy remains in danger. The conspiracy to thwart the will of the people is not over. There are those in this audience who thirst for power, but have no love or respect for what makes America great, devotion to the Constitution, allegiance to the rule of law, our shared journey to build a more perfect union. January 6th and the lies that led to insurrection have put two and a half centuries of constitutional democracy at risk.”
Twenty-million television viewers that night began the equivalent of the tour the citizens of Weimar were forced to take. That night and in meetings to come, we will see what many of us have chosen not to see or to know. It will not be pleasant viewing. If you have no appetite to hear what has been done, this is a good time to turn off the television for the committee is going to explain what happened on January 6.
Just as Wiemar residents in 1945 chose to turn away from what was right in front of them, there were many who chose to, and will choose in future hearings to, look away, to seek out channels where the work of the committee is ignored or downplayed or where they will be encouraged to think of other things. If you don’t think about what happened on January 6 and why, it didn’t happen. You “carry no blame” for those events.
The Post-Dispatch reported the major Republican candidates for Roy Blunt’s Senate seat seem to have adopted the Weimar Defense. They took to Twitter to attack the committee findings—even before the hearing Thursday night began.
Eric Greitens called the hearing a “show trial.” Mark McCloskey expanded on that idea by calling the hearing a “fraud show trial” and claimed it is “government abuse you expect from Soviet Russia, China or North Korea.” Eric Schmitt called the committee “a joke.” Vicky Hartzler wants her people to ignore what the leader of her party might have done (we’ll learn more specifically what his role in that dark day was in more detail later) and look at her perceived failures of President Biden and congressional Democrats. She called the hearing a “sham.” Billy Long said it was a “reality show” that avoided Democratic party failures on various issues.
McCloskey is dead wrong. There are no congressional hearings in Soviet Russia looking into Putin’s invasion of Ukraine, no hearings in China on that country’s repression in Hon Kong, and no investigations in North Korea about the impoverished population and the saber-rattling of the country’s leader.
A joke?
We wonder if those who think the hearings are a joke smiled as Capitol Police officer Caroline Edwards recounted when the mob moved in while she and her fellow officers tried to hold them back with nothing more than bike racks. “I felt the bike rack come on top of my head and I was pushed backwards and my foot caught on the stair behind me and I—my chin hit the handrail. And then I—at that point I had blacked out. But my—the back of my head clipped the concrete stairs behind me.”
And were they chuckling when she described regaining consciousness and went to help those trying to hold back the mob on the Lower West Terrace of the Capitol and, “more and more people, you know, started coming on to the west front?”
The arrival of Metropolitan Police officers stopped the advance so, “for a while I started decontaminating people who had gotten sprayed and treating people medically who—who needed it.”
Did the joke get funnier as she described getting back behind the next line of bike racks and being sprayed in the eyes and another officer started to take her away to get decontaminated but they never made it because they were tear gassed? “I saw, I can just remember by—my breath catching in my throat because what I saw was just a—a war zone…I couldn’t believe my eyes. There were officers on the ground…they were bleeding. They were throwing up.”
And were those saying the hearing was a joke dissolve into side-holding laughter as Edwards told the committee, “I saw friends with blood all over their faces. I was slipping in people’s blood…Never in my wildest dreams did I think that, as a police officer, as a law enforcement officer, I would find myself in the middle of a battle.”
That’s really hilarious.
There was nothing funny about what happened January 6. And those who suggest that these hearings are a show or a joke or a fraud or who suggest we become like the citizens of a city known for its culture who chose not to want to know about the hideous events on their doorsteps are beneath respect.
Jesus told his followers (John 8:31-32), “If you abide in my word, you are truly my disciples, and you will know the truth, and the truth will set you free.”
Our freedom is at risk with those who think the search for the truth of what happened January 6 is a fake, a fraud, a show, or a laughing matter.
This is our Weimar moment. If we are to be disciples of freedom, we must not be afraid to see the truth of what happened January 6 and how it came about. The committee will escort us through that camp.
If we love our country we must be unafraid of what we will see.
The regular consumers of these eloquent literary effusions might have noticed nothing was posted in its usual place on Monday. That is because your loyal correspondent, in the springtime of his senility, posted the intended Monday meditation on Thursday. He apparently was too eager to get to St. Louis for an automobile race later in the weekend that he mis-dated the time the material should be exposed to the waiting public.
The column that suggested no place is safe from a “loon with a gun and a grudge” and we should expect a mass shooting to happen wherever we are elicited two responses, nonetheless. One suggested just doing away with the Second Amendment.
To be clear, for any who felt the column advocated such a thing:
If we did away with the Second Amendment I would have no right to own my Daisy BB gun! Or my father’s J. C. Whitney .22 rifle or the antique 12-gauge shotgun with the crossover stock. I’m not advocating eliminating the Second Amendment although some of the (to me) irrational defense of it might need to be dismissed—and polls indicate large numbers of Americans agree with the assessment that it is time for some social and legal parameters to be established within the amendment’s framework.
The problem is the difference made by one letter. The letter is “L.”
Pols versus polls.
Sometimes our political figures love polls. If they’re winning.
Sometimes our political figures hate polls. If they’re losing.
But polls seem to mean nothing to our Pols who are deafened by an adequate number of dollar bills that they allow to be inserted into their ears.
It’s not just this issue, either.
While individual political leaders and/or candidates steadfastly deny that currency-filled campaign coffers affect their votes; that they only buy access—the additional “access” seems often to be convincing of the rightness of the donor’s position.
The dollar value of political courage has never been calculated, but in this issue there seems to be some kind of a threshold that tips the recipient away from the popular will. And there seems to be an organization among many organizations that has the biggest thumb on the scales because it has the greatest concentration of paper ear plugs. .
As long as courage is cheap and access is for sale, the polls on mass shootings will mean enough Pols will keep any significant parameters from being established within the Second Amendment.
So my BB gun is safe.
But the question is: When will things become so disastrous that “access” cannot be bought?
Underlining that rhetorical question is the results from this weekend.
People at a graduation party in Summerton, SC (a town that previously had never made any national headlines your correspondent has noticed) didn’t think it could happen there. Nor did people at a bar in Chattanooga, TN. Or people living their lives in the moment on a busy street in Philadelphia. The 100 people at a party at a Phoenix strip mall probably hadn’t given a mass shooting a thought—until they were the middle of one. The same likely is true of a similar crowd at a graduation party at a private home in Socorro, TX. Or the people at a bar in Mesa, AZ. And a gas station parking lot fight in Macon, GA leaves one dead and three others hurt.
The news aggregation site AXIOS* calculates the total at 11 dead and 54 others hurt, just this weekend.
Just another weekend in America where, as The Onion has observed more than 20 times:
‘NO WAY TO PREVENT THIS,’
SAYS ONLY NATION WHERE
THIS REGUARLY HAPPENS
The Quick.
And the Dead.
The Pols.
The Polls.
And the dollars keep going into the ears of those who find it beneficial to be deaf.
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*The AXIOS weekend scorecard:
Summerton: Two cars stop at a house where a graduation party is being held and shots are fired into the house. One dead. Seven wounded.
Chattanooga: Shooting near a bar. Fourteen wounded by gunshots. Three others hit by cars. Two dead by gunshot wounds. One dead when run over by a car fleeing the scene.
Philadelphia: Three dead and at least eleven others hurt when three shooters open fire on a busy street.
Phoenix: One dead, eight others hurt in altercation at a party led to shooting. The dead person is a 14-year old girl. Two of the wounded have life-threatening injuries.
Socorro: A fight at a high school graduation party turns into a shooting. Five teenagers wounded.
Macon: Argument in gas station parking lot leaves one dead and three hurt.
Wherever you are when you read this you should resign yourself to the fact that somebody is going to kill a bunch of people in your town. Just pray you are not in the church, school, hospital, shopping mall, business, office—nowhere is safe from the loon with a gun and a grudge.
So just get ready to mourn. Maybe you should get ready to die.
You just never know.
This is being written on Thursday, June 2, 2022. Education Week calculates the Uvalde, Texas school shooting was the 27th school shooting this year, the 119th school shooting since 2018.
That’s just schools.
The Gun Violence Archive has counted 212 mass shootings in this country this year—incidents in which four or more people were killed or wounded, not counting the shooter.
Thoughts and prayers offered, or maybe somebody just thinks about thoughts and prayers because it’s easy to say.
But nothing seems likely to change.
We hear the same demands for SOMEBODY to do SOMETHING after every incident. We hear the same claims that doing SOMETHING won’t solve ANYTHING—every time.
Truth is, our policy making system is paralyzed by fear that doing something will antagonize the most rabid supporters of gun rights, that elections might be lost, campaign funding might be switched to others, will violate the sacredness of the Second Amendment (and, by the way, spare me the BS about the First Amendment existing only because there is a Second Amendment, not after 19 children and two adults will no longer experience First Amendment rights because somebody decided to exercise his Second Amendment right.).
No part of the United States Constitution is immune from interpretation and no law is absolute. The Second Amendment is not above limits.
It is easy to be pessimistic about any kind of political effort to reduce these tragedies because there is a sickness within a political system that seems to think it proper for candidates to campaign by showing us their prowess with the kinds of weapons used to kill students and shoppers and hospital personnel, among others.
The irony of those who think they can show their defense of American values with commercials showing them shooting weapons of mass murder is that their commercials tacitly endorse phrase first uttered in 1927 by Chinese Communist leader Mao Zedong: “Political Power grows out of the barrel of a gun.”
This kind of appeal for political support is abhorrent.
Unfortunately, it seems to work.
And that’s sick.
Is there a legitimate use for a weapon, or its replica, designed specifically to fire large quantities of bullets except in the military services the weapons were designed for in the first place?
Self-defense you say. Let’s see. A character in Buffalo, NY was defending himself against dangerous shoppers at a mall. Another character was defending himself against threatening fourth graders in Uvalde, Texas. And a third was defending himself against his doctor.
And those are only the latest examples as we write this.
Do you feel safer knowing that dangerous shoppers, threatening fourth graders, and a doctor widely respected for his volunteer service are no longer threatening the peace and dignity of society?
THE ONION, a satirical newspaper that often looks at the absurdities of life, has published the same story 21 times after 21 mass shootings. It re-published all 21 of them on its web page last week. The headline is always the same:
‘NO WAY TO PREVENT THIS,’
SAYS ONLY NATION WHERE
THIS REGUARLY HAPPENS
The text is always the same except for the dateline:
TULSA—In the days following a violent rampage in Oklahoma in which a lone attacker killed four individuals in addition to himself, and seriously injured several others, citizens living in the only country where this kind of mass killing routinely occurs reportedly concluded Tuesday that there was no way to prevent the massacre from taking place. “This was a terrible tragedy, but sometimes these things just happen and there’s nothing anyone can do to stop them,” said New Mexico resident Ellen Robinson, echoing sentiments expressed by tens of millions of individuals who reside in a nation where over half of the world’s deadliest mass shootings have occurred in the past 50 years and whose citizens are 20 times more likely to die of gun violence than those of other developed nations. “It’s a shame, but what can we do? There really wasn’t anything that was going to keep this guy from snapping and killing a lot of people if that’s what he really wanted.” At press time, residents of the only economically advanced nation in the world where roughly two mass shootings have occurred every month for the past five years were referring to themselves and their situation as “helpless.”
The shame of it is that the article is true.
And that’s why all of us need to be rehearsing our statements of shock and sorrow, or our survivors should be rehearsing statements of shock and sorrow, because these incidents will not stop on their own.
And as long as they go on, we might as well consider it inevitable that it’s going to happen here, wherever “here” is to you.
—-because there’s no way to prevent it.
And your town and my town are as likely candidates for this “distinction” as any place.
Originally, this was Decoration Day, a day set aside in 1868 at the suggestion of Union General John A. Logan to remember the dead of the Civil War. By 1890 all of the northern states had adopted May 30 as “Decoration Day, a day to decorate the graves of those Civil War soldiers who had died “to make men free,” as the song says.
Two world wars turned the day into a day to remember our nation’s dead from all wars. It became “Memorial Day” in 1971 when a three-day holiday was created with the last Monday in May, regardless of the date, as the observance.
The Jefferson City Community Band is holding its annual Memorial Day Concert today at the First Christian Church, the usual venue for this concert.
The program is always patriotic music or music with a military orientation.
One of the selections this year is John Williams’ Hymn to the Fallen from the 1998 Stephen Spielberg movie “Saving Private Ryan.”
The movie is the story of a World War II Army Ranger unit’s search for a Private James Ryan, an Iowa farm boy whose three brothers have been killed in action. The Army wants him sent home, alive, but first he must be found.
The unit is led behind enemy lines by Captain John H. Miller to find Ryan before the War Department has to send a fourth letter of profound regret to his mother. The unit finds Ryan but pays a tragic price by losing several men to save this one. Miller is the last, telling Ryan, “Earn this” as he dies—to live a life worthy of the cost of saving him.
The musical motif is repeated at the end of the film as we see the face of Private Ryan (played by Matt Damon) morph into the face of James Ryan (played by Harrison Young) fifty years later, visiting the cemetery at Normandy with his wife, children, and grandchildren. He finds the simple cross that marks Miller’s grave and kneels.
Old James Ryan: “My family is with me today. They wanted to come with me. To be honest with you, I wasn’t sure how I’d feel coming back here. Every day I think about what you said to me that day on the bridge. I tried to live my life the best that I could. I hope that was enough. I hope that, at least in your eyes, I’ve earned what all of you have done for me.”
His wife approaches. “James?..”
She looks at the headstone. “Captain John H. Miller.”
Ryan stands and looks at his wife. “Tell me I have led a good life.”
“What?”
“Tell me I’m a good man.”
“You are,” and she walks back to the family members who have been watching, quietly, as Old James Ryan straightens, and salutes the cross with Miller’s name on it.
Writer John Biguenet, in a 2014 Atlantic Magazine article about the movie concludes that “the living are called not merely to bear witness to the achievement of the fallen heroes; the living are in fact the achievement itself. Like Private Ryan we cannot help but ask what we’ve done to deserve such sacrifice by others and beg their forgiveness for what we have cost them. And like James Ryan, all we can do to justify that sacrifice is to live our lives as well as we are able.”
On this Memorial Day, when self-centeredness, too often further corrupted by meanness, burdens our daily discussions, perhaps we can find a moment to justify the sacrifices of those intended to be honored today by living our lives better than we are living them.
Sometimes reporters need some cheering up. Sometimes the public needs a view from inside the profession. The person who wrote an editorial called, “The Life of a Newspaper Man” published in the Jefferson City Daily Democrat-Tribune more than a century ago might have been thinking along those lines when this appeared in the May 5, 1912 edition:
+++++
With the job of the newspaper man travels a silent companion. Trouble is his name and Worry is his sister. Seven days out of six old man Trouble is on the job and the rest of the time his sister looks after his interest. The newspaper man is between the devil and the deep blue sea during his waking hours and the chances are that his dreams are disturbed by gaunt specters of the day’s events.
If he asks questions he is impertinent, and if not he does not know his business. If he is observant, he is nosey and if not, he cannot deliver the goods. If he hangs around he is in the way and if not something is sure to happen while he is away. He must depend on others for information and if he does they forget to tell him. If he honors official requests to suppress that story about Bill Jones because Bill’s first wife was a second cousin of a dear friend of Soandso, he is a good fellow, but he is not doing his duty to his paper or to the public. He depends on the official for his information, but he depends also on the paper for his salary. If he suppresses the story he is looking for another job and if he does not he does not get the news.
A preacher in Los Angeles once delivered a violent sermon in which he denounced the newspapers and all of those connected with them as liars and crooks. The next day they offered him the city editor’s desk of one of the great dailies in order that he might see the conditions under which a newspaper was made. He held down the desk two hours and then made a public apology, saying that men who would work day in and day out under such a strain as did the staff of a newspaper were almost inhuman and due allowance should be made if they made mistakes.
+++++
That was in the days before radio and television news and certainly before the days of cable television and internet punditry. In 1981, your correspondent was part of a group that heard Walter Cronkite, the Missouri boy who became “the most trusted man in America” tell his colleagues in the electronic journalism business:
“What a THING it is to be a journalist. God almighty; that’s the greatest thing in the world–to be a journalist. And there’s something wrong in this damn business of ours when there are too many people coming into it not to be journalists but to be a success, whatever the devil that means.
“I think there’s only one success in life for anybody who’s got the heart, compassion and courage to be a journalist, and that’s to be a journalist.
“…It worries me that in our communications schools we’re teaching how to communicate rather than how to be newspeople.
“It takes courage to be a journalist. It takes a courage that the public doesn’t know a damn thing about. Not the courage to go out and face bullets and rocks and stones and shards of glass and the explosions of a terrorist bomb in a civil insurrection or a war. That’s simple courage. That’s macho courage. That’s foolhardy courage at times. It’s needed, and we’re certainly not going to deny the heroes their awards for that.
“But there are a lot of other kinds of courage it takes in this business. It takes a kind of courage to face the ostracism of one’s neighbors, one’s friends, one’s golf companions on the 19th hole; when one is willing to get out there and say what’s right, what they know is right, and what they know must be reported to that community, to that state, if the nation is to live, and they’ll tell it, no matter what the fallout in their own social arrangement may be.”
+++++
It’s not easy to be a journalist, whether print or electronic, in a time of division and an era where mistrust in our democratic institutions—including the press—is cultivated.
It is not easy for the journalist who is painted with the same broad public brush whether he or she works for a supermarket tabloid, gossip magazine, or for the New York Times and the Washington Post.
It is not easy to be a reporter in an era that encompasses Access Hollywood, The Daily Show, radio talk, 60 Minutes and the PBS Newshour and know that the public image of “the media” often lumps them together. But I’ve been in places where the journalist is not free to face the kind of public criticism or to face the limited public acclaim that American journalists face.
One of the many important penalties we have to pay as a free society is an aggressive, courageous press that is free to ask serious accountability questions to and about those to whom we have given power and to report the answers—with which we are free to disagree. Say what you will about the press, but be grateful we live in a country that has a free one.
You could be someone hearing the Russian media version of what is happening in Ukraine.
Last Wednesday, we shared some observations about protestors gathering at the homes of Supreme Court Justices after the leak of a purported preliminary ruling throwing out Roe v. Wade.
Last weekend, the host of FOX News Sunday Night in America, Trey Gowdy, pointedly identified these targeted protests as more than illegal. He argued they strike at the foundation of our nation and its liberties.
In an era where liberty and license are too easily confused—and where that confusion is often deliberately stoked by those who seek to grow their power from it to the detriment of the nation—one word seems expendable.
But Gowdy maintains that that single word is essential to our existence.
America has a rich history when it comes to protests. You can argue that our nation was formed as a protest. And the First Amendment certainly contemplated people would want to express their beliefs and assemble and petition the government. But there’s a very important word in the First Amendment that doesn’t get a lot of attention: the word “peaceably.”
—as in the right of the people “peaceably” to assemble.
You may recall Chris Cuomo once asked, “show me where it says protestors are supposed to be police and peaceful.” Okay, Chris, it’s right there in the First Amendment, the same amendment which allows you and others to make a living on television. It requires peace, and if you’re not peaceful it’s a crime.
You are welcome to protest and you don’t have to be polite or fair or even accurate but you do have to be peaceful.
Our next guest, Esther Salas, is a federal judge who was also the very proud parent of an outstanding young man. A little less than two years ago, they were at home enjoying each other as loving families do; the doorbell rang and her son Daniel bounded up the stairs to answer it. It was not a neighbor. It was not a deliveryman. It was a disgruntled lawyer armed with a gun and her home address and he shot her only son to death and seriously injured her husband.
This judge and her family were targeted because she was a judge. Becoming a federal judge is the pinnacle of a legal career. But it provides no insulation to the pain of losing a child to an act of violence.
And now there are people showing up at the homes of Supreme Court Justices. And to what end? For what purpose?
How does showing up at someone’s home advance your argument?
How is it persuasive to intimidate family members and neighbors? Do you really think you will change minds or change the way that judges look at cases and issues, by posing a threat?
It’s against the law to show up at a judge’s house trying to intimidate or influence a decision. You are welcome to disagree with judges. You can take issues with their rulings, if you think a judge is wrong, you can appeal, you can defeat that judge at the ballot box or through impeachment. But you are not welcome to show up at a judge’s house to intimidate or influence that judge.
And to that end, why are the home addresses of federal judges publicly available in the first place, especially as threats and security incidents against judges are on the rise?
Something is going on in this country and it is not good. Heckling people at restaurants, accosting them as they leave a rally or a political event, storming the Capitol, trespassing on other people’s property—to what end?
Your protest doesn’t have to be fair or accurate, although it would be much more persuasive if it was. Your protest doesn’t have to be polite although it’s ironic you are using bad behavior to complain about somebody else’s perceived bad behavior. But protests so have to be peaceful. And when they’re not, you give license on both sides of the ideological spectrum to do the same.
Protesters should be peaceful and law-abiding. Whether it is in pursuit of criminal justice reform, the counting of the electoral college, or decisions about what rights lie in the penumbra of other rights.
The law is about the only thing holding this country together right now. You are free to disagree with the law, argue against it, seek to change it.
You are not free to disregard it, because when you disregard the law, even in your pursuit of some perceived higher ideal, you weaken the law. And once it’s weakened, it is weakened forever. And you’re most assuredly not welcome to show up at a judge’s house to complain about a decision, no matter how strongly you feel.
