Category Archives: government

A Creek by Any Other Name

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—is still a creek.

But what IS its name?

Jefferson City has a creek that winds through the town, divides the north part where the Capitol and the old penitentiary and the business district are located from the south side called by early German immigrants “Munichburg,” crosses under the Rex Whiten Expressway (Red Whitton, for those not native to these parts was the chief engineer of the state highwy department in 1941. Early plans for an expressway through Jefferson City were drawn up during his term, and Missouri became the first state to pave segments of the interstate system during his tenure. He was appointed Federal Highway Administrator in 1961 and oversaw early work on the interstate system.) and traverses what we call the “mill bottom” before emptying ito the Missouri River.

In flood times, the creek backs up and helps flood low-lying areas of central Jefferson City.

We call it Wear’s Creek today, or most all of us do. But it has worn various names through the peopled history of this area and the name’s origin is a mystery.

An 1825 map shows it as Wyer’s Creek.  A 1947 Jefferson City Daily Capital News article quotes then-County Recorder Henry LePage saying the creek’s name was recorded “under different spellings in different deeds.”  Some people called it “Ware’s Creek,” after Clem Ware, who owned a lot of property in the county.  But the creek’s name preceded him by many years.

He suggested that some called it “Wire Creek” because it twists and turns “in a wiry fashion,” leading to the spelling of is name as “Wier” or “Weir.”

The research for our next book, about the Capitol’s location, creation, and other history noted a report from the commissioners picked to find a permanent central location for the seat of state government that refers to it as “Wan’s Creek.”  An account of the execution of a Confederate guerilla by Union soldiers in the Mill Bottom calls it “Weir’s Creek.”

The 1947 newspaper article concludes by suggesting the then-new Cole County Historical Society could study the issue and settle the question about the creek’s name or, if the CCHS failed to do that, “Mayor Blair could appoint a commission to ponder the question, reach the decision on the spelling that could be accepted and which will permit uniformity.”

Neither the society nor Blair (who later became Governor) did anything about it.

However—

Missouri has a State Board on Geographic Place Names (did you even know such a thing exists?). It coordinates place names, working in cooperation with local, state, and federal agencies to coordinate the naming of places so we don’t have two of something with the same name.

Maybe someone should look into having this organization decide what this creek’s name should be once and for all.

On a related note:  About fifty years ago, the Cole County Court (an administrative body using a long-outmoded name from Missouri’s early days) decided to name all of the county roads.  As I recall, it was being done so emergency vehicles could find places and people in trouble.  The public was invited to suggest names. Then-Presiding Commissioner Tony Hiesberger told me that a suggestion for one road was “Old Muttonhead School Road,” a name stemming from a long-ago incident in which some rustlers took the sheep they had stolen to a country school, butchered them, and hid the remains underneath the school.   The commission decided against using that name, the reason why is lost to me but it would have taken a pretty large road sign to have the full name.  I don’t recall what name was adopted.

 

Now, Wait A Minute!!

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We are intrigued by the Trumpists who think our former president was correct when he said now-retired Joint Chiefs of Staff Chairman Mark Milley should be executed for treason because he called his Chinese counterpart in the crazy post-January 6 days of the Trump administration to assure him that the United States was not planning an attack on China.

Trump called the conversation “treason,” writing on his (un)Truth Social page, “This guy turned out to be a woke train wreck who, if the Fake News reporting is correct, was actually dealing with China to give them a heads up on the thinking of the Prsident of the United States. This is an act so egregious that, in times gone by, the punishment would have been DEATH. A war between China and the United States could have been the result of this treasonous act.”

The statement is remarkable because Trump seems to give credence to reporting by those he considers “fake news media.” But such self-contradictions within his constant self-aggrandizing verbal disgorgements are always expected.

Many observers warn that this typical Trump rant is another call for violence by his supporters and is an example of why his re-election would be perilous for our Democratic Republic. While reporters who interviewed several Trumpists in Iowa, where he recently campaigned found some willing to cut Milley some slack, one seemed to voice the common temper of the larger MAGA cult: “Why was he not in there before a firing squad within a month?”

As long as the Trumpists are asking THAT question—

There’s another question that nobody we have heard of has asked Trump. And if anybody does, we know the answer will be a doozy.

The question is this:

If it was treason for Milley to assure the Chinese that there were no plans for an attack—-

WERE THERE PLANS FOR AN ATTACK?

Well, Donny?

Squirming

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One of the biggest jobs of any reporter is to hold public officials accountable for their remarks or their actions.  Sometimes the official cannot prove a point he wants to sell to the public.

You know they’re in trouble—and they know they’re in trouble—when they refuse repeatedly to answer a straight question with a straight answer.  And all that does is make a good reporter bore in.

It should make voters ask questions themselves, chiefly, “Why is he dodging, ducking, and bobbing and weaving?” and next, “Can I trust what he’s saying.”

In our long experience of challenging the veracity of political rhetoric (and I absolutely loved doing it), I made sure our listeners heard the verbal dance of the politician who didn’t know what he (or she) was talking about or who was tripped up by issues of truth.

Governor Joe Teasdale once told me, “I’ll never lie to you but there will be times when I won’t tell you the truth.”

???

The public, as well as the reporter should always have their antennae up for such moments.  Such as a news conference in Washington—– when one of our Congressmen became a prime example last week.  Southeast Missouri Congressman Jason Smith, the Chairman of the House Ways and Means Committee, held a press conference to announce that he had 700 pages of evidence that President Biden had been involved in son Hunter’s business dealings overseas and that involvement merited impeachment.

The only problem, as pointed out by NBC reporter Ryan Nobles, is that the supposedly damning evidence was about events that supposedly happened three years before Biden was President or even a candidate for President.

Watch Smith squirm:

It is not uncommon for the person being pressed for a straight answer to cast an aspersion on the questioner or to simply refuse to take any more questions.  That, my friends, is usually a clear reason to doubt the validity of the statements.

The public should watch or listen to these kinds of events—and should wonder why this public official cannot give the public a straight answere or in some cases no answer at all. It is so frequent in our political system today that I fear the public has become inured to it.

Does Smith have legitimate information? The first hearing, which lasted six hours, has been roundly criticized from both sides as a nothingburger, to use an old phrase Ted Cruz once used to describe questions about some actions by then-Attorney General Jeff Sessions. FOX News Channel’s Neil Cauvoto agreed: “None of the expert witnesses today presented any proof for impeachment.”  Under questioning, the Republican’s own witnesses said there wasn’t enough evidence in the huge pile of “evidence” Smith was pushing to impeach President Biden.

Smith’s conduct in that press conference did little to build confidence in his “evidence.” And six hours of rhetoric from both sides and from chosen witnesses didn’t either.

Is his pile of paper big enough to hide a bombshell?  Not based on the other evidence—-against his evidence, apparently.

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Eggheads, Unite! You Have Nothing to Lose but Your Yolks!”  

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I recently came into possession of a little book from 1965 called A Stevenson Sampler, 1945 to 1965,  a compilation of quotations from Adlai E. Stevenson II, the former Governor of Illinois who had the misfortune of running twice as the Democratic Party nominee for President against Dwight D. Eisenhower.  When John F. Kennedy was elected in 1960, he made Stevenson the United States Ambassador to the United Nations, where he played a historic public role and a largely unrecognized backroom role in the Cuban Missile Crisis. There are things to be learned from that time.

Stevenson was an unrepentant intellectual, one of several eggheads chosen by Kennedy for key posts in his administration.  When the Cuban Missile Crisis exploded in our headlines, Stevenson was the one who delivered this country’s response in the United Nations to Russia’s installation of guided missiles that could easily reach the United States in Cuba.

Many in my generation felt that we were staring down the deep black barrel of an atomic cannon.  Those days are a couple of generations past and we think it’s time for the young folks to learn about how close we came to a nuclear war, and why it didn’t happen at a time when many of us woke up each day and turned on the radio to see if we had a future.

Stevenson played a major role in keeping the crisis from becoming the war we (as we recall those days) were scared to death would happen.  But his role often is overlooked although it was Stevenson who proposed the ultimate solution.  Peter Kornbluh, writing for Foreign Policy magazine a year ago, says much of the reason for the lack of recognition dates from a Saturday Evening Post article in late 1962 by Stewart Alsop and Charles Bartlett that claimed Kennedy and his associates came up with the solution to the dangerous deadlock. They also claimed that Stevenson was the only one around the strategy table who “preferred political negotiations to the alternative of military action,” as Kornbluh put it.

The article, to use a current phrase, threw Stevenson under the bus when, actually, he was driving it.

A major question for most of the crisis was whether Russia really did have ICBMs in Cuba.

It all became clear on the tenth day when Stevenson, far tougher than he had been credit for being until then, confronted Soviet delegate Valerian Zorin at a meeting of the United Nations Security Council.  It is one of the most dramatic moments in UN history. Here is a long version of that confrontation and a short version of it.  The longer version is good for the background leading up to the event. The shorter one is the denouement only.

Long version of the session and challenge:  (30) Adlai Stevenson and Valerian Zorin on Soviet Missiles in Cuba (1962) – YouTube  (Audio quality varies)

Short version: TWE Remembers: Adlai Stevenson Dresses Down the Soviet Ambassador to the UN (Cuban Missile Crisis, Day Ten) | Council on Foreign Relations (cfr.org)

If you want to follow along, here is a transcript of the confrontation in which Stevenson accused the Soviet Union of being less than honest about its missiles in Cuba:

 I want to say to you, Mr Zorin, that I do not have your talent for obfuscation, for distortion, for confusing language, and for doubletalk. And I must confess to you that I am glad that I do not. But if I understood what you said, you said that my position had changed, that today I was defensive because we did not have the evidence to prove our assertions, that your government had installed long-range missiles in Cuba.

Well, let me say something to you, Mr.  Ambassador: we do have the evidence. We have it, and it is clear and it is incontrovertible. And let me say something else: those weapons must be taken out of Cuba.

Next, let me say to you that, if I understood you, with a trespass on credibility that excels your best, you said that our position had changed since I spoke here the other day because of the pressures of world opinion and the majority of the United Nations. Well, let me say to you, sir, you are wrong again. We have had no pressure from anyone whatsoever. We came in here today to indicate our willingness to discuss Mr U Thant’s proposals, and that is the only change that has taken place.

But let me also say to you, sir, that there has been a change. You, the Soviet Union has sent these weapons to Cuba. You, the Soviet Union has upset the balance of power in the world. You, the Soviet Union has created this new danger, not the United States.

And you ask with a fine show of indignation why the President did not tell Mr Gromyko on last Thursday about our evidence, at the very time that Mr Gromyko was blandly denying to the President that the USSR was placing such weapons on sites in the new world.

Well, I will tell you why: because we were assembling the evidence, and perhaps it would be instructive to the world to see how far a Soviet official would go in perfidy. Perhaps we wanted to know if this country faced another example of nuclear deceit like that one a year ago when in stealth, the Soviet Union broke the nuclear test moratorium…

Finally, the other day Mr. Zorin I remind you that you did not deny the existence of these weapons. Instead, we heard that they had suddenly become defensive weapons. But today again if I heard you correctly, you now say that they do not exist, or that we haven’t proved they exist, with another fine flood of rhetorical scorn.

All right, sir, let me ask you one simple question: Do you, Ambassador Zorin, deny that the USSR has placed and is placing medium and intermediate range missiles and sites in Cuba? Yes or no. Don’t wait for the translation, yes or no?

[Zorin] This is not a court of law, I do not need to provide a yes or no answer…

[Stevenson] You can answer yes or no. You have denied they exist. I want to know if I understood you correctly. I am prepared to wait for my answer until hell freezes over, if that’s your decision. And I am also prepared to present the evidence in this room.

And he did. Stevenson’s show and tell exposed the Soviet duplicity to the world.  By then, Kennedy had offered to take obsolete United States nuclear missiles out of Turkey bases in exchange for Russia’s withdrawal of its missiles in Cuba. Most tellings of the story do not mention who originated that strategy.  That was Adlai Stevenson.

The possible nuclear war was averted not by threats of attacks on sites in Cuba and deadly confrontations at sea but by Premier Nickolai Khruschev’s acceptance of the base-swapping plan.

Today we have a Russian leader threatening nuclear war and there are those who are suggesting strong military action against Russia.  Kornbluh suggests the not well-known story of how diplomacy, not military confrontation, disarmed a possible Armageddon in 1962, is forgotten by those dealing with events in Ukraine and threats of atomic conflagration.

Kornbluh wrote last year, “Iit would seem prudent to revisit the story of how and why Kennedy sacrificed both Stevenson and the truth about the resolution of the missile crisis and what lessons that history really holds. Documents and transcripts now accessible to the world from government archives allow us to tell the story more fully and accurately than ever before.”

Today, as a Russian leader threatens the use of nuclear weapons in a war of his own making, we edge close to the events we dodged in 1962—-but we are yet a distance from those tense hours before the Soviet ships turned around. You and I are not privy to secret diplomatic discussions while more threatening words are flung into the air evoking frightening possibilities.

Talking is always better than shooting, as Adlai Stevenson and John Kennedy knew.

Some suggest we have no business being involved with Ukraine and the conflict.  Adlai Stevenson, the defender of eggheads that included himself, had an answer for them in a 1954 speech at Harvard:

There was a time, and it was only yesterday, when the United States could and did stand aloof.  In the days of our national youth, Washington warned against “entangling alliances,” John Adams spoke of that “system of neutrality and impartiality” which was to serve us long and well, and Jefferson enumerated among our blessings that we were “kindly separated by nature and a wide ocean from the exterminating havoc of one quarter of the globe.”  But those days are gone forever.”

Unfortunately, almost ninety years after Stevenson’s remarks, far too many reject their reality and want to believe the United States is not separate from the rest of the world and its troubles, challenges, and opportunities.

Adlai E. Stevenson II (1900-1965) was the grandson of Grover Cleveland’s vice-president, and great-grandson of Jesse Fell, the campaign manager for Abraham Lincoln.  I think there will be some days when we offer another comment from A Stevenson Sampler, a collection of excerpts from a man dead for almost sixty years who still has something to say to us.

(Photo credit:  JFK Library)

 

Taking the Initiative (Away)

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Ohio residents voted a few days ago on a proposition that would make it harder for citizens to enact laws if the legislature refuses to do so.  Or to correct a legislative enactment many think based on something other than the general public welfare.

Ohio voters approved initiative and referendum in 1912, about the time Missourians approved it.  In the recent statewide Ohio vote, 57% of the voters rejected an effort largely led by those who do not want to see a pro-abortion amendment added to the Ohio Constitution.

In Missouri, constitutional amendments proposed by the people need only a simple majority to be approved.  This year, the Missouri House voted almost two-to-one (Republicans control the House by about the same ratio) to require 57% approval for any amendment proposed by the people.  Only another end-of-session mud fight in the Senate kept the proposal from a vote there sending the issue to the ballot.

Abortion was (is) the principle issue behind the failed legislative effort in Missouri. One major House supporter of the increase went on record during the session admitting the increased threshold was intended to keep a petition allowing abortions from being sent to the voters for their approval. The people, in turn, sent a message back to the legislature.

One of the key arguments for the supermajority threshold is that the change is needed to keep the state constitution from being further cluttered by amendments that should be only statutes.

The concern is legitimate. The proposed means of answering that concern, though, are questionable—and the legislature largely is to blame for the situation to begin with.

Some amendments have been added to the Missouri Constitution because the legislature has refused to pass a statute to address an issue.  The legislature has at times rewritten a statute approved in an election, a perceived rebuke to the will of the people who then can petition for an amendment to the constitution that is harder for the legislature to alter. The legislature cannot, on its own, rewrite a provision in the constitution. It can, however, suggest a replacement amendment that takes the place of the citizen-adopted language inserted into the constitution.

Government can be a little dizzying sometimes but at least the governed and the government are on the same level playing field. A national movement has materialized to tilt the field, however.

The initiative process does need some changing.  But making it harder for the people to propose and pass a law or an amendment on an issue the legislature has ignored, fumbled, or is not favored by the majority (or supermajority) party is not the proper approach.

There is a hypocrisy in this proposed change of the political process. Members of the legislature elected by a simple majority can pass a proposed law or amendment with a simple majority, even a proposal to require the people to get a supermajority to propose or pass a measure the legislature has ignored or bungled.

This is a philosophical problem that is often lost in the different worlds of politics versus popular sovereignty.  Benjamin Franklin defined popular sovereignty when he wrote, “In free governments, the rulers are the servants and the people their superiors and sovereigns.”  Or as the Declaration of Independence reminds us, “Governments are instituted among Men, deriving their just powers from the consent of the governed.”

A simple majority governs.  A super majority dictates within the political system.

There are two kinds of supermajorities.  The human first one is a legislative majority capable of enacting laws with no regard to the presumed political equality of a minority. The second is an  entity on paper that keeps a simple majority from speaking or acting.

Supermajorities in their different forms are dangerous because they can ignore the unalienable mutual right to, in particular, liberty.

In this case, the Missouri legislature has a supermajority that wants to ban abortions with a fifty-percent-plus-one vote while requiring those who oppose the ban to get 57% support.  Changing the constitution to tilt the table against the minority is a tilt away from democracy.

There is an argument that the proposal likely to be back in the legislature next year will infringe on the right of citizens “to petition the Government for redress of grievances.”  That’s a basic right in the U. S. Constitution.  Although the document does not specifically address what it takes to petition government, our history has established the simple majority as the rule.  Making  it harder to petition for a redress of grievances hardly seems to keep faith with the founders.

The process needs improvement.  But limiting access of the people to an original right in our national charter is not the best way to handle the issue.

Here are some things—top of the head thinking so take it for what it’s worth—that could be done to improve the process. You might have others or prefer others:

—Limit the number of proposed propositions by one organizaiton to one.  Too often, petition campaign organizers file multiple versions of a proposal that vary only slightly, a process that places an unnecessary burden on the Secretary of State’s staff that has to review each proposal.

—Require clear reporting of the source of funding for the petition, identifying by name the donors and any organizations through which the financing is delivered. If someone wants to buy a part of the constititon or a state statute, voters need to know who it is and why.

—Require pre-filing public hearings in x-number of locations throughout the state so the people have chances to hear the specifics of the proposal and to criticize it within an audience of their peers, giving an early public airing of the issue which otherwise might go to the ballot with a well-financed and heavily one-sided campaign.

—-Require a hearing by a joint committee of the legislature before circulation begins. Neither the House nor the Senate could change the proposal but the hearings could explore shortcomings in a process that could be made by petition sponsors.  One of the major—and justified—criticism process is that petitions lack the refining process that legislative review offers for issues recommended for the ballot by the General Assembly.

The petition process is a right that is to be reserved and preserved for the citizens.  To limit citizens’ right by forcing on them an obligation not forced upon the people who purportedly represent them is to repudiate Franklin’s idea of a republic in which “the rulers are the servants and the people their superiors and sovereigns.”

We hope Missourians are as cognizant of their rights and responsibilities as citizens as the good people of Ohio are—regardless of any measure the Missouri General Assembly might try to enact that makes citizens lesser participants in their own governance.

 

Bye, Bye, Bulbs 

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If you have them, use them. They’re still legal.  But once they’re gone from the store shelves, they’re gone, period.

The incandescent light bulb, perfected by Thomas Edison almost 150 years ago, is being turned off.

There are likely to be some nut cases who will say the federal government will be sending agents around to your house to confiscate all of your light bulbs.

That’s a crock.

Sixteen years ago, President George W. Bush—a Republican—signed a law that set new efficiency requirements for lightbulbs and started a timeline to phase out incandescent light bulbs.

But through the years there have been individuals and groups who have decided it is highly-profitable to convince people they are victims of government (as opposed to being thinking partners in it), and the humble lightbulb has become part of a broader conspiracy theory.

President Trump bought into that and rolled back the Obama administration’s rules phasing out the Edison bulbs in favor of more energy efficient lights. Vanity might have played a role in his decision because he once complained to Congressional Republicans, “I always look orange” under LED lights.

There has been a lot of speculation about that and lights have nothing to do with his orangeness.  Mother Jones has suggested Trump’s close friendship with Steve Hillbert might be a reason. Hilbert is the CEO of a company that makes tanning products. The magazine says they became friends about the time people began noticing Trump’s hue. (Melania reportedly got a one-million dollar contract to promote the Hillbert company’s line of caviar-based skin products).

Trump’s longtime personal doctor has suggested the coloration might come from Rosacea, a skin condition that produces redness of the skin.

Informally, we might suggest that his constant rage against those who suggest he seriously disregarded the statutory rules of public behavior might contribute to his coloration.

We have wandered afield from our intended topic.

The Biden administration’s Department of Energy reinstated the policy in April of ‘22 with a new rule that says light bulbs have to have a minimum of 45 lumens per watt. Light bulb maker Phillips says traditional light bulbs that have come down from Edison’s time produce one-third of that amount.

Lumens are ways to measure brightness. And, actually, modern LED bulbs produce 75 lumens per watt.

The rule does NOT mean you and I must immediately throw out our incandescent light bulbs—or the government will force us to do so. It DOES outlaw the manufacture and sale of them, though.

And there are several kinds of incandescent bulbs that can still be made and sold in our stores.  The Department of Energy says they are:

  • Appliance lamps, including fridge and oven lights
  • Black lights
  • Bug lamps
  • Colored lamps
  • Infrared lamps
  • Left-handed thread lamps
  • Plant lights
  • Flood lights
  • Reflector lamps
  • Showcase lamps
  • Traffic signals
  • Some other specialty lights, including marine lamps and some odd-sized bulbs

Why is the government making this switch?  Because these lights are more energy efficient and because they will lessen the human impact on climate change.  The DOE thinks these bulbs eventually will save consumers about three-billion dollars in utility bills.  The department also estimates they will reduce carbon emissions (a factor in global warming) by 222 million metric tons in the next three decades, the equivalent the carbon dioxide emissions of 28-million homes.

A metric ton is about 205 American pounds more than an American ton.

We have several of the old-fashioned bulbs in our fixtures at our house. It is legal for us to use them until they burn out.

The United States Energy Information Administration’s 2020 Residential Energy Consumption Survey says about half of all American households are using LED bulbs already.

The changeover to higher-tech lighting isn’t done. Compact fluorescent bulbs are next on the ban list.  Last December the DOE proposed a rule saying the minimum lumen level would have to be more than 120, a move that would, in effect, ban CFL bulbs. That rule is to go into effect at the end of next year.

All of this conveniently fits into the right-wing conspiracy theory that federal agents will soon be confiscating our gas stoves.

Everything is a big conspiracy these days. It helps gin up a too-sizeable segment of the population willing to immediately believe almost anything that can be manipulated into a profitable anti-government movement.

Your light bulbs are safe, folks.  Your stoves are, too, but that’s another story for another day.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

 

No.  No?  Yes, No. (Corrected)

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(This story contains corrected information.  Former Congressman Richard Gephardt’s position on “No Labels” was incorrectly stated in the first version of this post as being part of the organization. This story clarifies his that he not only is not, but that he is opposed to it.)

The “No Labels” political party is beginning to form itself out of the fog of idealism announced several months ago.  It has drawn former Governor Jay Nixon into its ranks.  But former Congressman and futile (1988) presidential candidate Dick Gephardt wonders if the effort puts the anti-Trump movement in peril.

Organizers say the party is for people who are disgusted with what the long-dominant Republican and Democratic Parties have become and who want to have a middle-ground political outpost upon which to hang their hopes.

Gephardt, who was the House Majority Leader and in line to become Speaker before the Republican takeover ended that possibility, is part of one of three Democratic organizations hoping to stop the movement.

For those who claim that both parties are being run by their extreme wings, this group that has labeled itself the “No Labels” party might seem to be a refuge. But two Democratic groups, Third Way and MoveOn, want to put a stop to the “No Labels” movement because they fear it will sap votes away from the mainline Democratic ticket and hand the presidency back to Donald Trump.

A spokesman for Third Way says “No Labels” is “dangerous.”

Gephardt is part of a super political action committee called Citizens to Save our Republic.

Nixon has told the APs Steve Peoples that the opposition groups are entitled to their opinion but “No Labels” is “entitled to use our constitutional and statutory rights to allow American to have another choice.”

The question now becomes whether the party formed to be a middle ground can find a middle ground with three groups that want to snuff out its movement early.

Regardless of how this intra-party turmoil is resolved—if it can be resolved—“No Labels” adherents need to address, and quickly, what it stands for in terms of policies instead of being some kind of ill-defined safe house for the Middle.

If “No Labels” is to survive, it needs a surface identifier, a logo.. It’s not enough to say it stands for The Middle.

Sooner or later it will have to define itself in terms of positions on issues. And finding an acceptable middle of The Middle will become a difficult challenge.

But before then, there’s another crucial issue.

What will the party symbol be?  The William Jennings Bryan-William Howard Taft election of 1896 provided party adherents with symbols that are familiar to us today.

Earth & World, a website that specializes in lists and charts showing “different and unknown facts” about our planet has a list of the ten friendliest animals in the world. A new party certainly doesn’t want a threatening image (roaring lion, water buffalo, crocodile, vulture, shark, etc.).

Perhaps this guy would work (it is #1):

This is a Capybara,  E&W says they are “immensely social and trainable; thus a dear friend to everyone.” There are a couple of problems, however.  They’re not native to the United States.  And they are considered the world’s largest rodent.

Some cynical observers might find a large rat to be an appropriate emblem for a political party but we’re not going to go there today.  Mankind’s best friend, the dog, might be appropriate but who wants to be known as a member of “a dog of a party?” Besides, what kind of a dog would be most appropriate?  Pit Bulls might fit the wing nuts of either party.  But mainline folks night struggle with the dog to represet them. Something that is an edgy Golden Retriever might do.

A cross between a Golden Retriever and a German Shepherd might do.  DogTime.com told us Golden Shepherds are good watch dogs and all-around family companions, “not especially barky, they will alert when strangers approach. These dogs are protective of their loved ones and friendly with people, children, and other dogs.”

A few Golden Shepherds in Congress would be good to have right now. Replace a few Dobermans.

Number three on the E&W list is the Dolphin.  There’s some possibilities with that one. Intelligent. Communicative. Comfortable in deep water.

Number four is the cat. Not good. Nobody wants a party headquarters that would be known by detractors as the “cat house.”  Their independence is a good cat/bad cat value. But they cover up their own messes and government coverups should not be appreciated no matter how badly the mess smells. Then again, a litter-box trained politician might be better than some that we have now.

The Panda?  Nope.  We’ve enough trouble with the Chinese owning our farmland. A Chinese animal symbolizing one of our political parties is a Yangtze Bridge too far.

Rabbit?   No.  Rabbits are favorite food items for Hawks. And our national government in particular is full of hawks.  And we already have too many people, including a few in politics, who have rabbit-like moral standards.

Guinea pig?  They also are part of the rodent family.  Some people in the Andean part of Peru keep a lot of them in and around the house.  For food. Dinner-under-foot. Cuy (pronounced “kwee”) is considered a delicacy.

Horse.  The horse is one of the world’s most useful animals. Durable, unless they’re throughbreds.  Dependable.  That’s worth discussion.

Sheep.  Heavens, no.

Nixon has refused to criticize either Biden or Trump during the years since he left office. As far as becoming part of a party with no name, he says, “I feel calm.  I feel correct.”

Very Capybaric of him.

 

A New County—part II, A New Book

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Before hostilities in pre-Civil War Missouri turned deadly with the Camp Jackson incident in St. Louis, Governor Claiborne Jackson and his associates were gathering supplies they would need to repel an “invasion” of Missouri by federal troops if one happened.  A large quantity of gun powder was procured in St. Louis and taken to Jefferson City by two companies of the Missouri Volunteer Militia, one of which was Kelly’s.  From Jefferson City, some 12,000 kegs of powder that had been stored at the fairgrounds about a mile from town were distributed throughout much of the state to be hidden away until needed by Jackson’s forces. Kelly and his unit took about half of the supply to Cooper, Saline and other nearby counties where they were carefully hidden.  The stored powder was a factor in the Confederate victory in the Battle of Lexington.  One of those involved was Michael K. McGrath.

The Irish unit fought at Boonville, Carthage and Wilson’s Creek, where Kelly was wounded in the right hand, (as seen in his picture) and in the Confederate capture of Lexington. The unit also was at the Battle of Pea Ridge, in Arkansas then in 1862, he became part of the regular Confederate army that fought in Mississippi and in the Atlanta campaign against Sherman and his Union troops.

St. Louis researcher Doug Harding indicates that McGrath would have been one of the 23 survivors out of the original 125 members of Kelly’s unit. Kelly surrendered in Louisiana in 1865 and took the oath of allegiance to the Union and was paroled in Shreveport.

It is not clear if McGrath also took the oath there or at some other time and place.  But signing it allowed him to take a bar examination and become a lawyer, paving the way for him to return to public office.

Kelly, his health broken by the war, died in 1870 and is buried in the McGrath family plot in St.  Louis’ Calvary Cemetery.

(Official Manual of the State of Missouri, 1913-14)

McGrath in 1866 became a deputy clerk for the United States district and circuit courts. In 1868 he was elected to the clerkship of the St. Louis City Council.  Two years later he was elected clerk of the criminal court and in 1874 he was elected to the first of his four terms as Secretary of State (his first term under the 1865 Constitution was for only two years; the 1875 constitution established the term at four years.

He decided the State of Missouri government had grown large enough to require some kind of a directory.  He produced the first one in 1878.

(Missouri State Archives)

McGrath wrote in the two-page introduction, “It is a truth that must be admitted, that many outside and some even in it, know but little of the vast resources or of its immense wealth and unexampled prosperity, and when told scarcely believe it, so great is the extent and magnitude thereof…No location in the republic represents a more encouraging field for the honest laborer or the aspiring citizen. The contentions of the war have long since disappeared. Liberalism and tolerance in politics and religion are noted characteristics of her people. They are generous, hospitable and enterprising. Among them poverty and humble birth present no barrier to the attainment of wealth, distinction and honor.

“True merit is the criterion of success, and is fostered by hearty encouragement and profitable recognition. Occupying, as she does already, a front rank among the States of the Union, it is easy to forecast her future as one of glory and renown!”

This first manual was 72 pages long.

His term was the longest in Missouri records until James C. Kirkpatrick served five four-year terms.

He was elected to the Missouri Senate to fill a vacancy and served in the Senate during the 1889 session.

McGrath was never far from the public trough, it appears.  The Columbia Daily Tribune observed upon McGrath’s death that “He has been inspector and attorney in the office of the building commissioner, assistant state examiner of building and loan associations…” He also had a brief and unsuccessful stint as a publisher of a Sedalia newspaper. He was nominated in 1909 to be St. Louis City Register of Deeds and was nominated for another city job in 1911 but lost both times.

In 1912, McGrath was elected to the Missouri House of Representatives. He introduced some bills, including the one to chance St. Louis County to Grant County, but failing health forced  him to go home where heart trouble and bronchitis became too much to overcome and he died on January 28, 1913 at his home in St. Louis.

A resolution of mourning passed by the House of Representatives said, “The House lost a useful, honest, and courageous member, the State a valued and Patriotic citizen, and society an influential and sympathetic member.”

The St. Louis Times wrote, “It is much to say that a man can spend all his mature thought in a lifetime covering seventy-nine years upon the chances and changes of politics and go to his grave ithout surrendering the belief that reform in politics is possible, and that it is worth while to keep on fighting.  Such was the experience of Michael McGrath, of whom men ar easing toda, ‘Yes, he was a politician—but he was square.”

Difficult choices 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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