Since writing this essay – the Department of Homeland Security sent out a National Terrorism Advisory Bulletin warning of terrorist threats from “domestic extremists” with “…objections to the Presidential transition” and “fueled by false narratives”. It’s all not just about votes from Donald Trump.
Old Friend
I had a long conversation with an old friend Tuesday night. While we don’t share all the same political philosophies, we have been able to reach across our differences and build bridges, connections that I highly value. Unlike most of the political conversations in our era, we have been able to keep our differences from driving us apart. But that night, I blew it, and I am sorry.
I’m not sorry for how I feel, but I am sorry that my old friend bore the written brunt of my emotions. I am usually able to see practical politics over rhetoric, and recognize that politicians respond to differing pressures than just “right and wrong”. And my friend called me to reality last night – the reality that regardless of what happened in the Capitol on January 6th, the majority of Republican Senators will find a way to avoid a vote against Donald Trump.
He’s probably right.
Profiles
When I was twelve years old, I read John F. Kennedy’s book, Profiles in Courage. Kennedy knew a little bit about courage himself. In World War II, he saved his PT Boat crew members from drowning and capture by swimming miles in the dark between islands in the Pacific. As he would say, “I got my boat sunk,” but we know that he went far beyond “normal” heroics. And he did it with a damaged back, one that would deteriorate so much that fifteen years later he spent months in bed recovering from surgery. And that’s when he wrote a book about courage, political courage.
Kennedy wrote about eight members of Congress who risked (some lost) their political careers to stand up for a principle they believed in. It wasn’t about the physical courage that Kennedy showed in the Pacific nights, it was about political courage in the bright sunshine of open Congressional debate. And it wasn’t even necessarily that they were on the “right” side of the issue. It was that they believed that they were in the right, and were willing to stand for that right despite the political costs.
We know a lot more about John Kennedy than we did back when I was twelve. But, personal flaws and all, Kennedy’s book revealed a new level of “duty” to me, one that I haven’t forgotten in the more than half a century since I read the book (damn – that’s a long time).
Kicking the Ball
It set my expectations for our legislators. I knew that they would generally do what they thought best. And fifty years of politics informs me that “best” was generally what was best for their own political interest. It’s the nature of the profession. But what I did expect is that in an issue of national import, when the founding principles of our nation were on the line, at least some of them would put principle over party, and over their own political careers.
The Trump era should have taught me different. I’ve become Charlie Brown, constantly trying to kick the football that Lucy pulls away. Again and again, I line up to swing at that ball, only to land flat on my back. And so I lined up again Tuesday, watching the United States Senate debate the impeachment trial of Donald Trump.
Fig Leaf
The term “fig leaf” goes back much farther than half a century. It comes from the first book of the Bible, Genesis. Adam and Eve lived in the Garden of Eden, an idyllic life where clothing was unnecessary. But when they “partook of the forbidden fruit”, they gained forbidden knowledge, and were embarrassed by their nakedness. So they took fig leaves and covered themselves.
Some members of the United States Senate have made the political calculation that they must support Donald Trump. This, in spite of the clear evidence that Trump incited rioters to attack the Congress, including those same members. In all of the history of the United States, it is the first time a President has tried to violently intimidate the Congress. It is the most dangerous threat to the Constitution since the secession of states before the Civil War.
But though out of office, Donald Trump maintains political power, and some of the Senators are afraid they will be “primaried” and lose their office. Unlike Kennedy’s eight “profiles in courage”, these Senators are putting their political careers ahead of principle. But they need a “fig leaf”, something to hide their embarrassing act from public view.
Misinterpretation
Rand Paul, the junior Senator from Kentucky provided that “fig leaf” Tuesday. He argued that, since Donald Trump was no longer the President, the Senate no longer had jurisdiction over him. Regardless of his prior actions as President, the fact that he was no longer in office puts him beyond the reach of the Congress, was Paul’s theme. And that argument does fit in with our “Schoolhouse Rock” understanding of the impeachment and conviction process, where we learned that it was about removing the President (and other high officials). That’s why it was no surprise that when Nixon resigned from office, impeachment went away.
But the legal precedent, what the Senate has done before, is the opposite. The Senate has tried “former” officials in the past. And that is because the Constitution specifically states that the penalties for conviction are two-fold: removal from office and a second vote to ban from future office. Practically, the Founding Fathers envisioned both, and resignation or end of term shouldn’t relieve a convicted “high official” from the second penalty. Nixon, by the way, was already ineligible to run for the Presidency again, having served most of two terms.
But Rand Paul offered this “fig leaf” to obscure what some Republican Senators are doing. They are standing on false “technicalities” rather than stating the obvious: regardless of the heinous actions of Donald Trump, they are more afraid of his political power than they are of his threat to the Republic.
Take Courage
The Democrats aren’t afraid. And five Republican Senators aren’t afraid either. Toomey of Pennsylvania, has already said he won’t run for re-election, removing the threat that Trump represents. Three more, Romney of Utah, Murkowski of Alaska and Collins of Maine, believe that their constituents will stay with them. And one, Ben Sasse of Nebraska, has made a choice of courage over expediency.
But forty-five Republican Senators are crowding behind that little “fig leaf”, trying to hide their naked political fear of Donald Trump’s tweets.
And I am tired of the statement: well if it was a “secret ballot” Trump would be convicted 90 to 10. It’s time for “Profiles in Courage”, and that means speaking out in the open. But that’s probably not to be.
What’s my best case? That several of these Republicans figure it’s not worth the Trump generated pressure for the next three weeks. So they vote “for the fig leaf”, but when it all comes down will vote to convict the clearly guilty President, and ban him from office. Hang onto that football, Lucy. Some like Mitch McConnell and Rob Portman, have even sent vague signals that it might be the case.
And my worst case? That they truly won’t stand up for the Constitution, that they are so afraid of the power of the “Trump Base” that they will “stand with Trump”, just as they did after the “perfect phone call” to Ukraine.
Reality
My old friend believes that will be the case, and thinks we ought to move onto the future. He isn’t ignoring the past; he’s just recognizing political reality. Senators Kaine of Virginia and Collins of Maine agree with him. They are “floating” the idea of a Congressional Censure – a slap on Donald Trump’s wrist with no actual penalties. It may be the best they can do.
I will agree on one issue. The dark power that Donald Trump tapped into as President will not go away with his impeachment, removal or banning. He is not the cause. He is the symptom. So it’s more than Charlie Brown foolish to think a “principled” vote of the Senate will change the divide in American politics.
But it would be a start.
