Month: March 2023

Un-Precedented

The twice-impeached former President of the United States was criminally indicted in New York yesterday.  The actual indictment isn’t publicly available yet, but it’s seems clear the that Manhattan Grand Jury is charging multiple offenses, including felonies.  We will know more when Mr. Trump appears in Manhattan Criminal Court, sometime next week.

This is the first time a former President faces criminal charges.  While other Presidents and former Presidents were scrutinized for their actions, none have actually been indicted (or indicated, as the case may be).  Former President Nixon was the closest, named as an “unindicted co-conspirator” in Watergate charges.  But his successor, Gerald Ford, gave him a blanket pardon for “anything he might have done” as President.  So Nixon dodged the court, setting a precedent that we lived with until yesterday.  As historian and author Michael Beschloss noted; the Nixon precedent opened the door for Donald Trump to do whatever he wanted.

Privilege

To tell the truth, Richard Nixon’s resigning from office was a time of celebration for me.  He committed crimes in office, and it was sad that he kept the country in turmoil for more than two years.  But that turmoil ended with his “victory wave” from the door of Marine One as he left the White House for the final time.  For those of us who believed in equal justice before the law, we thought he should held accountable for his actions.  Ford’s pardon denied the nation that closure for Nixon’s crimes.

This is only the first of many indictments Trump faces.  And there is no “saving pardon” likely here. Federal charges loom from the Department of Justice, both in the classified documents case and the January 6^th Insurrection.  But even if President Biden (or a future Republican President) decided to grant a pardon, both the Manhattan and Georgia charges are in state courts and not subject to Federal action.  Our long national nightmare of Donald Trump is going to last for another couple of years.  There is little joy there.  But there should be some satisfaction:  no man, even a twice-impeached former President, is above the law. The Founding Fathers wrote that there would be no titles of nobility or privilege in the United States. The Constitution is fulfilled.  

Constitution

No surprise that instead of accepting the Grand Jury actions, many Trump supporters, including a crying Senator Lindsey Graham, are screaming about “injustice”.  Injustice really would be if a Grand Jury found that, even though Trump might have committed crimes, he could not be held accountable.  But the litany of “regulars”, from Mark Levin and Sean Hannity to Graham and Marjorie Taylor Greene “scream foul”.  

More worrying is the statement by Republican Governor and Presidential candidate Ron DeSantis.  He basically offered Trump “sanctuary” in Florida, stating as Governor he would refuse to recognize a New York request for extradition.  That all sounds “powerful”: the “Free Florida” acting as a sovereign state.  But that clearly violates the US Constitution.  Article IV, Section 2 states:

 Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

So while DeSantis could delay the inevitable, and force New York to go to Federal Court to enforce the Constitution – in the end, if Trump decides to hide in Florida, he would be “delivered up” (Puerto Rico v Bransted 483 U.S. 219).  And it would lead to US Marshals arresting a former President protected by a Secret Service detail, with all of the fuss that might create.  As an acknowledged “flight risk”, Trump would then be held in confinement  — Riker’s Island?  And they would have to accommodate the Secret Service detail as well.

Path Forward

So DeSantis got his “sound bite’, and Trump will probably show up in Court next week.  What’s of concern is that a Presidential candidate was so quick to jump on a clear Constitutional violation. Looking at his actions violating the First Amendment in Florida already, DeSantis must not have been listening in Professor Tribe’s Constitutional Law class at Harvard Law School.

Donald Trump put our nation in un-precedented times.  Every action we take determines not only his fate, but what we expect from our future leaders.  Ford took the “easy way out” in 1974, avoiding the pain of a Nixon trial and possible incarceration.  But by avoiding that pain, it set the stage for our current agony.  There is only one correct path forward:  allow justice to take its course.

Together

As President Biden often says:  “We are the United States of America and there is nothing, nothing beyond our capacity if we do it together.”  But clearly there is one thing we cannot get together to accomplish.  We cannot, will not, have not; gotten together to protect our children from gun violence.  Gun violence is the number one cause of death for US children (1-19) today (Kaiser).  

It’s not like there’s an argument “for” allowing children to die from guns.  But we are completely unable to muster the will to even attempt to solve the problem that allows (and I do mean intentionally allows) clearly mentally unstable people to blast their way through school doors and murder nine year-olds and adults.   Our leaders send “heart-felt thoughts and prayers” after the fact.  We lower our national flag to half-staff.  We talk about fortifying the schoolhouse doors, or providing more armed guards to  patrol the parking lots and halls.  But we never get to the core of the issue.  No other nation in the world has mass shootings like the United States.  In fact, no other nation in the world would tolerate it.  But we, the People of the United States, do.

Foundation of Fear

Underlying the very foundation of the United States is a tradition of fear.  Franklin Roosevelt described it in his first inaugural speech:  “…(N)ameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance.”  While Roosevelt was describing the economic impacts of the Great Depression, America has acted in fear from the very founding of our Nation.  

The Constitution is based in fear.  Americans were afraid of a chief executive, and carefully circumscribed the powers of the President to keep him or her from being too dictatorial.  The Founders were desperately afraid of a standing Army that would take control.  So they only allowed the Congress to fund it for two years at a time.  Every general officer was specifically approved by the legislature (Article 1, Section 8).

The small states were afraid of the democratic power of the large population states.  So the legislative powers were divided into a popularly elected House and a selected Senate where all states, large and small, were equal.  And all of the states were afraid of the powers they were ceding to the central government.  One way they “balanced” that fear, was to call for the establishment of state “armies”, called militias (Article 1, Section 8).

The states of enslavement were desperately afraid that their immoral economic system might be restricted.  So they empowered slavery. They authored  the three-fifths compromise (Article I, Section 2), a specific ordinance demanding the return of runaway slaves (Article IV, Section 2), and a ban on restricting importation of slaves for twenty-two years (Article 1, Section 9).

Fear Enshrined

And since that wasn’t enough to satisfy some, the Bill of Rights were quickly added to the document.  Those Amendments protected the rights of people against the government.  The right to practice their religion, free speech, free press, assemble and ask the government for changes were defined in the First Amendment.  Rights in the judicial process were protected in the Fourth, Fifth, Sixth, Seventh and Eighth Amendments.  Protection against the standing Army was listed in the Third Amendment.  And a right to have weapons was established in the Second Amendment.

Reasonable Fear

At the edge of the new United States was a frontier fraught with dangers.  The new nation was imposing its authority on traditional Native American lands.  Not surprisingly, the resident tribes struck back against those incursions.  The settlers were fearful.  They could only look to themselves and their neighbors for protection, even the state capitals were too far away for immediate aid.  So every man had a rifle, a means to defend himself and his family against attack.  And most were organized into a militia, to respond to attack as rapidly as possible.

The Southern portion of the new nation was based on an enslavement economy.  As the number of enslaved people grew, the slaveholders need for weapons to maintain control grew as well.  When slaves ran away, armed patrols were sent out to return them for punishment.  And when the enslaved rose up in revolt, the Southern militias were called out to put them down.  Historians identify as many as 313 such revolts starting in 1739, even before the American Revolution (PBS).  It shouldn’t be a surprise that Southern men were better prepared for War in 1861; they’d been practicing for generations.  They were afraid of retribution from the people they enslaved.

The fear of an over-arching government is as American as the Constitution.  So holding onto weapons and organizing against the government is as traditional as the Whiskey Rebellion or the shots fired at Fort Sumter, the Black Panther movement of the 1960’s or the Branch-Davidians of the 1990’s.  America is “all about” guns:  guns and fear.  And that is what makes us different from most other nations in the world.

Fear Today

That tradition of “fear” continues today.  the slave owners of the 1800’s knew one way to assuage that fear is to hold onto guns.  Our politics today are built on fear.  We are afraid of “the cities, full of crime”.  But murder per-capita is actually lower in the biggest cities.  Birmingham, Dayton, Baton Rouge and Memphis are in the top ten of murders.  Chicago is twenty-eighth, New York City and Los Angeles don’t even make the top sixty (neither does Columbus, Ohio, CBS).

We are afraid of “them”.  Politicians build their careers on “us versus them”.  We see it in the culture politics of the far-right: “they” are coming to, “…change your children, steal your religion, and take your jobs”.  And America’s traditional protection against things we fear:  guns.

Of course “they” are coming for those guns as well.

We face a national crisis of murdered children.  And we bring the baggage of a history of fear; fear assuaged by guns.  The problem is this:  if more guns could fix this problem, we’d be the safest country in the world already.  America is awash in guns, with 1.2 guns per person, almost twice as many as any other nation in the world.  But we aren’t safe; instead we are afraid.  Afraid to send our children to school, to go to the city, to shop at the grocery.  And what makes us afraid: those same guns.

And that’s America’s dilemma.

Mass Shootings

Guns and Sadness	10/3/17
A Teacher with a Gun	2/23/18
Don’t Change the Subject	3/25/18
Again	4/15/18
Staying Small	5/3/19
Saving Lives Is Not Politics	8/4/19
The Pain Becomes too Great	8/5/19
Who’s Your Daddy	8/21/19
A Good Guy With a Gun	9/1/19
Rights and Guns	5/17/20
Pittsburgh	6/17/20
Our Choice	12/1/21
Toxic Mix	5/16/22
Apple Pie	5/25/22
Prairie Dogs	6/9/22
The Will to Do It	7/6/22
Hanging Together	8/12/22
Swatted	9/23/22
They Aren’t Pro-Life	9/23/22
Motive, Means, Opportunity	1/25/23
Accepted Losses	2/14/23
German Rights	3/28/23
Fear Itself	3/30/23

Autobahn

Semi-automatic rifles and open carry pistols aren’t an issue in Germany. There are strict gun laws that keep personal weapons mostly confined to hunting and target sports (Evening Standard). No one walks into schools, churches, or grocery stores armed.   Germany has one of the lowest gun death rates in the world.

Germans don’t consider carrying a gun a Constitutional or even a “God Given” right. They look at the American carnage of mass shootings, replayed almost daily; as some strange “Yank” aberration. 

But Germans do have their own odd predilections. Their national argument isn’t about guns – it’s about speed.  The Autobahn is the German version of the US Interstate highway system. Built by the Nazi regime before World War II, the Autobahn system was carefully designed for high speed driving. The wide roads traverse the nation without interruption, the curves carefully banked for maximum control. 

Unlimited Speed

Outside of the city centers, there is no speed limit on the Autobahn.   The Porsches, Mercedes, Audis and BMW’s can go as fast as they can – many upwards of 250 kilometers per hour (around 160 mph). Cars with less power huddle in the slower lanes,  straining to reach 120 kph (the 75 mph most Americans are used to).   To grow bold and drive 200 kph (120 mph), drivers venture into the fast lane – briefly. But flashing headlights from a half mile behind converge almost as quickly as a driver can pass – all at 65 kph (40 mph) closing speeds. 

To say slower cars get blown aside understates the feeling.  It’s like pulling onto the Indy track in the middle of the 500.   There’s even a listing of the top ten speeds clocked on the Autobahn (HowStuffWorks), the fastest at 432 kph (268 mph).  The Autobahn is considered safer than American Interstate highways. But when there are fatalities, more than half are from “inappropriate speed”.  

Like the American system, the Autobahn also includes commercial trucking.  They do have a speed limit; 80 kph (50 mph), increasing the contrast in closing speeds and the need for “moderate” traffic to move into the high speed lanes.  And there are environmental concerns as well, as the high powered cars produce more pollution at extreme speeds.

Unlimited Influence

Americans look at that, and often say, “That’s crazy, they should just slow down!!”  But many Germans see the Autobahn’s unlimited speed as a “right”.  That’s backed by the power of the car manufacturers, who make high speed a big selling point for their top models.  What’s the good of owning a new Porsche 218, or the more traditional 911, if you can’t “max it out”.  Like gun manufacturers in the United States, Porsche (Audi), Mercedes and BMW all maintain pressure on the legislature protecting the Autobahn’s unlimited speed.   And Germans do have a point in their favor.  German traffic fatality rates are 3.7 per 100,000 people, the US has 12.4/100,000 (and don’t drive in Liberia with 35.9/100,000 – World Population Review).

There is a movement in Germany today to restrict speed on the Autobahn, mostly for environmental reasons (NYT).  But it’s not “happening”.  The Germans like their speed, and they’re going to keep it.

I bet if almost 10,000 died on the Autobahn since January the Germans would have a different view.  That’s the number of Americans killed by guns, including 131 in mass shootings.  And it’s not even Easter (Gun Violence Archive).   Americans own 1.2 guns per person, double any other nation in the world (Germany has 0.2 guns per person – World Population Review).   

But my analogy might be better, if Germans were driving their Porsches into elementary schools and killing nine year-olds.  That’s an American thing, I guess. 

I thought about how many times I’ve written about mass shootings in the past years. Here’s a list – at least the ones I can easily identify

Mass Shootings

Guns and Sadness	10/3/17
A Teacher with a Gun	2/23/18
Don’t Change the Subject	3/25/18
Again	4/15/18
Staying Small	5/3/19
Saving Lives Is Not Politics	8/4/19
The Pain Becomes too Great	8/5/19
Who’s Your Daddy	8/21/19
A Good Guy With a Gun	9/1/19
Rights and Guns	5/17/20
Pittsburgh	6/17/20
Our Choice	12/1/21
Toxic Mix	5/16/22
Apple Pie	5/25/22
Prairie Dogs	6/9/22
The Will to Do It	7/6/22
Hanging Together	8/12/22
Swatted	9/23/22
They Aren’t Pro-Life	9/23/22
Motive, Means, Opportunity	1/25/23
Accepted Losses	2/14/23
German Rights	3/28/23

World View

When people of the world look at the “Greatest Democracy”, the United States, they shake their heads.  From the outside looking in, America is in a desperate battle to maintain democracy against a more authoritarian form of government. Many Nations are following President Biden’s lead in defending Ukraine, boycotting Russia, confronting China and improving the climate.  But they are also hedging their bets.  If Biden (or whomever the Democrats ultimately choose) were to lose to Trump, then US policy would completely flip.  How far are those allies willing to gamble on a mere two-year “lease” on the White House?

 From inside the US it might seem like “just more politics”.  But put all of the issues of the day together:  curtailed abortion rights and book banning, partisan gerrymandering and dark money election funding, one political party against  the Insurrection,  and the other making the instigators into heroes.  There is a government funded school firing a principal for showing sixth graders a picture of Michelangelo’s David, and multiple states write anti-transgender laws that attack the very few trans-kids for political “points”.   Florida claims to do all this in the name of “parent’s right to raise their own kids”, as they quickly tell parents exactly how they are allowed do it.  

Run the Clock

Our former President, Donald Trump, is running for office again, despite multiple investigations into his potential lawbreaking.   One critical reason for him to run:  to regain the immunity from prosecution that the Constitution provides the Presidency.  If Trump could only get re-elected in 2024, he would be “safe” until 2028, when the statute of limitations for many of those charges would finally run out. As he is currently seventy-six years old, maybe his own life will as well.

But we aren’t the only world Democracy in trouble.  American allies like Turkey, Hungary, Italy, and Poland all are “leaning right”.  Hungary in particular has become a “testing ground” of authoritarian governing, and serves as the example for American leaders like Trump, DeSantis, Abbott and Huckabee-Sanders.   

In the Streets

Israel is also in a national crisis on this same issue.  The “only Democracy in the Middle East” has a Prime Minister accused of corruption and facing trial, who decided to reduce the powers of the Judiciary to hold “him” accountable.  How important is it to Prime Minister Netanyahu to get this change?  He is willing to have this crisis, fire his Defense Minister, and endure months of hundreds of thousands of protestors in the streets.  Even the core Israeli institution, the Army, is impacted.   Thousands of the all-important reservists refused to report to duty.

Like Trump here in the United States, Netanyahu denies all wrong doing, and scoffs in the face of facts and the press.  The terms are all familiar:  “fake news” and “a biased media”.  But it hasn’t changed the pressure from the crowds in the street.  In this case they are fighting to maintain democracy against an authoritarian claim of immunity from prosecution.  And, also like the US, Israel is narrowly divided politically, with five general elections in the past three years.  In the end, Netanyahu is taking Israel down this dangerous path for his own self-preservation.

Lessons to Learn

America might learn some lessons from Israel.  First, we should divorce personal criminal issues from the greater goals of our Nation.  Even if some agree with the draconian educational changes, the restrictive laws, and the “election police”; that shouldn’t crossover to protecting politicians from the consequences of their illegal acts.  

Second, the people of Israel are in the streets, demanding Democracy.  Perhaps Americans need to do the same.  The Black Lives Matter marches of 2020 did make a difference, as did the student led marches against gun violence.  Maybe Americans need to follow the Israeli lead and get out on the streets, before the 2024 elections, before some of these draconian measures take effect, and before we lose our democratic traditions.  It’s a lot to ask a Nation that is worn from controversy and divisiveness since even before Trump came on the political scene.  

But the alternative is unthinkable.

List of Charges

Twice-impeached former-President Donald Trump is drowning in litigation.  He is the target of (at least) four criminal investigations. The Manhattan District Attorney’s probe of hush money payments is the one we’re hearing the most about right now. But it’s probably the least of his problems.  The Georgia election fraud investigation, including Trump’s call to Brad Raffensperger, risks more serious charges.  

But, it’s in the two Federal investigations Trump faces that risk the greatest danger, both to his freedom, and his political career.  With the testimony of his attorney, the classified documents case is now “blooming” into an obstruction of justice investigation.  But the most dangerous case of all, is the Federal investigation into Trump’s role in the January 6^th Insurrection.  At worst for him, that case could result in conspiracy to commit insurrection, potentially a twenty-year jail sentence.

Progressive commentators have been “bad-mouthing” the Federal Insurrection investigation for years.  When the January 6^th Committee was holding hearings last summer, it seemed that their testimony was all “new-news” to the Department of Justice.  The typical “bottom-up” organized crime investigation of the FBI goes on after more than two years. It didn’t made the “jump” from the rioters on the steps to the organizers in suits and ties (or three shirts and khakis). 

But last Friday that changed.   

Pierce the Veil

The Federal Court ordered several of Trump’s closest staff members to testify to the Insurrection Grand Jury.  It’s a roll call of the former President’s closest advisors. It includes his Deputy Secretary of Homeland Security Ken Cuccinelli, White House aides Nick Luna, and John McIntee, National Security Advisor Robert O’Brien and Director of National Intelligence John Ratcliffe.

Also required to testify are three even closer to the former President:  advisors Stephen Miller and Dan Scavino (who controlled the President’s Twitter feed), and, at the true center of the storm, Chief of Staff Mark Meadows.

All of these former officials claimed exemption from testifying based on “Executive Privilege”.   They believe their advice, conversations and actions were protected from inquiry by  the Presidential confidentiality to conduct business.  But the Court saw it differently.  Much as the attorney/client privilege of confidentiality can be “pierced” by the crime/fraud exception when both are engaged in criminal activity; the Court found that the possibility of a criminal conspiracy among those officials requires their testimony.

The man closest to the President in the days leading up to January 6^th was Mark Meadows.  The testimony of his assistant, Cassidy Hutchinson, to the January 6^th Committee was devastating to both Meadows and Trump. But only Meadows can speak first-hand to what Trump knew and didn’t know; did and didn’t do; and wanted or didn’t want.  

Top of the Pyramid

Meadows is the “top of the pyramid” of the potential conspiracy to disrupt the government.  He can speak to what happened and who did it, now that the veil of silence imposed by executive privilege has been pulled aside.  Meadows has two choices.  He can testify, or he can remain silence and face imprisonment.  Of course, the Fifth Amendment right against self-incrimination is still avaliable.  And that becomes the major decision for Special Federal Prosecutor Jack Smith.

If Smith is “satisfied” with letting Meadows “take the fall” for planning the January 6th Insurrection, he didn’t need to pierce executive privilege, and he doesn’t need to offer Meadows immunity.  The testimony of the junior staffers like Hutchinson would be enough.  But clearly, the Prosecutor is not satisfied.  

Meadows has been on the verge of full cooperation for several months.  He even sent many of his communications; emails and texts, to the Committee. It lead to riveting testimony last spring and summer.  But Meadows pulled away when it came time for direct testimony, an act correlated to a million dollar donation from Trump sources.  Now, with executive privilege gone, Meadows can only fall on his sword for Trump, testify, or take the Fifth.

And Smith can offer some form of immunity, removing the Fifth Amendment from the equation; leaving Meadows with the choice of testimony or jail.   Likely,  that will make Meadows crack.

Watergate

In the Watergate crisis, the actual crimes took place in June of 1972.  It wasn’t until the spring and summer of 1973 and the Senate Watergate hearings that Deputy Assistant Alexander Butterfield revealed that President Nixon was taping all of the White House conversations. The proof was on tape, if Prosecutors could get their hands on them.   

It took another full year, the summer of 1974, for the Supreme Court to finally order the tapes released in the case Nixon v United States.  Once the tapes came out in July, it was only a couple of weeks before Nixon faced sure impeachment and conviction, and resigned from office in August.  He was only able to avoid Federal indictment and conviction by a Presidential Pardon from his successor, Gerald Ford.

Donald Trump dodged responsibility when the US Senate failure to convict in the second impeachment trial.  It’s been more than two years since that vote.  Now Jack Smith should make “the deal” with Meadows. He needs to demonstrate what the Nation missed in the 1970’s:  that this Nation, under Law; will treat its citizens equally at the bar of Justice.

It’s up to Smith.  

Medieval Markets

Metaphors and colloquialisms describe situations in our lives, in ways that go beyond the individual meaning of their words.  When “…the cat is out of the bag”, it’s much more than just opening a bag and seeing a cat. There’s the mewling, the clawing, and the racing through the streets that comes with the newly freed feline.  To get back to its Medieval origins, “cat in the bag” seems to relate to another phrase, “buying a pig in a poke”.  If you buy a pig in a poke, a bag, you might really be buying a much cheaper cat.  But you won’t know you’re swindled until  “the cat’s out of the bag”: the secret is revealed.

We may not know what the actual origins of “cat out of the bag” are, but we definitely understand the meaning.  When the “cats out of the bag” the secret is out.  It’s in the streets, spreading to all.  If you let “the cat out of the bag” everybody knows. 

On the Farm

Many of our favorite colloquialisms are based on farms.  “Don’t have a cow”, “stop beating a dead horse”, “a hard row to hoe”,  and “when pigs fly” are all in our daily speech, even in areas where the nearest cow or row to hoe is miles and miles away.  One of my favorites is “closing the barn door”.

“Closing the barn door” is part of a larger phrase, “closing the barn door after the horses are out”.  It’s a clear story – someone left the barn door open, and the horses got out.  Now, what once solved a problem, closing the barn door, doesn’t solve it anymore.  The problem is getting the horses back.  You can “have a cow”, or even “beat a dead horse” by blaming Little Boy Blue over and over again.  But the reality is – you’ve got to go get the horses, wherever they are:  “…the sheep’s in the meadow, the cow’s in the corn…”; and the horses are out.  Someone screwed up.

Tik Tok

From ancient farm stories we move to a most recent trend in modern life:  Tik Tok.  The social media application is used by over 150 million Americans, and a full one billion worldwide.  Tik Tok allows users to post brief videos of all sorts of things.  Us older folks who don’t have the app still are exposed to Tik Tok through other social media.  A significant portion of my “old school” Facebook feed seems to be from Tik Tok.  The videos can be anything; school pranks to dances, insults, arguments and fights,  to jokes and cute babies.  It seems harmless.

But Tik Tok has become a new political metaphor for losing control of our youth.  The company  ultimately is owned by the Chinese Government (or to use the new “hate speak” – the Chinese Communist Party).  And now Congressmen from across the political spectrum (and even President Biden) are sounding the alarm: social media collects data that can be used later.

Really?  That “cats” been out of the bag for quite a while.  Weren’t these guys at the 2016 election, when Cambridge Analytics taught the world how to manipulate social media users to their particular political goals?  These politicians are a little “late to the game”, aren’t they?

Perfect Storm

But now we have the “perfect storm” for politicians against social media.  It’s Tik Tok; it applies mostly to Gen Z (born after 1996) and seems extraneous to older folks, and Congressmen (that’s kind of redundant).   And it’s owned by the “new” bête noire, China.  We can retread the old story about “ evil Communism” to a whole new generation.  To some that might be “beating a dead horse”, but Gen Z doesn’t know that.

What they do know is that a whole bunch of old people are telling them what they can and can’t do.  Old folks who don’t have a clue about how it works, or why its interesting.  Old folks what are saying “…do what I say, not what I do” as they use Tik Tok themselves to reach younger voters.  

And don’t think it just the “grandstanding” of Congressmen in the House of Representatives.  The state of Utah last night, signed a law ( Black Letter Law) that:

• prohibits kids under 18 from using social media between the hours of 10:30 p.m. and 6:30 a.m.
• requires age verification for anyone who wants to use social media in the state 
• requires parental consent before kids can sign up for sites like TikTok and Instagram.

I guess we can expect the Utah police to now kick down the bedroom door and arrest fourteen year old’s huddled under the sheets, watching viral videos in the middle of the night:  “Up against the wall, drop the IPhone, and stop dancing, Damnit!”.   (At least, let’s hope their dancing).

No Way

It all makes for great television. The Tik Tok CEO didn’t help his cause yesterday, when he said “…I wouldn’t call it spying” at a Congressional hearing.  But the “adults” have missed reality:  this cat’s really out of the bag.  The barn door was wide open, and all the horses, cows, pigs, sheep, and even the barn cats  are out in the fields.  

Drug dealers figured this out a long time ago.  They created “designer drugs”, drugs that were chemically just a molecule different than the drugs that were illegal.  But because of the difference, they didn’t qualify as illegal under the law.  Remember bath-salts?  If it’s done with drugs, it most certainly will be done with social media on the internet.  

We can close this barn door, but it’s far too late.  All we are doing is making Tik Tok an even more seductive product:  one that “adults” are against.  We are in a modern process of banning “rock and roll” and television shots of Elvis’s pelvis.   We are telling kids to cut their hair and stop wearing tie-dye.   The new litany is:  no drugs, no sex, no Tik Tok.  And Gen Z is saying: “no way”. 

We are, in fact, beating a dead horse.

The Facts

In October 2016, Donald Trump’s Presidential campaign was in trouble.  The “Access Hollywood” tape broke at the beginning of the month. It was followed by the threat of former Playboy Bunny Karen McDougal to reveal an affair with the candidate.  David Pecker was the Chairman of the National Enquirer. He paid $125,000 to exclusively buy McDougal’s story in return for a non-disclosure agreement.  Pecker buried the story, in what now is called a “catch-and-kill” deal.

We also know that Donald Trump had an affair with porn movie star Stormy Daniels.   Later in October of 2016, Daniels threatened to go public (to the National Enquirer).  Trump’s then-lawyer and fixer Michael Cohen set up a “dummy” Delaware corporation. He transferred $131,000 to that corporation from a personal loan.  The corporation then wrote a  $130,000 check to Daniels, in exchange for a non-disclosure agreement.

We also know that Cohen asked Trump to reimburse him for the $130,000, plus $50,000.  The Trump organization doubled that fee to $360,000. Ultimately, they paid Cohen $35,000 a month for twelve months, for a total of $420,000.  Trump wrote that off as “business expenses” for the purpose of New York State taxes (CBS).

The voting public didn’t know about McDougal or Daniels prior to the election, one of the closest in American history.  They did know that the FBI reopened the email investigation of Hillary Clinton ten days before election day.  That investigation concluded eight days later, but millions of Americans voted early.  Clinton won the popular vote, but lost the Electoral College by a mere 74,744 popular votes. (See this essay from 2017). 

In 2021 David Pecker paid a $187,500 fine to the Federal Elections Commission (FEC) for illegal campaign contributions for the McDougal “catch and kill” deal (Politico).

The Law

The FEC made it clear that the “catch-and-kill” non-disclosure agreements are a campaign benefit, that should be claimed as a donation.  It’s not that Trump couldn’t donate $130,000 to his own campaign, or even $420,000.  But that donation should be claimed as a campaign expense.

And the State of New York has a long list of examples of “falsification of business records”.  Certainly claiming an illegal campaign donation as a business expense, like the Stormy Daniels pay-out, would fall into that category.

Michael Cohen pled guilty to the crime of concealing this expense/benefit, as part of a series of Federal crimes that resulted in a three-year jail sentence. In the Federal prosecutor’s indictment, it was clear that Cohen did the actions with both the consent and involvement of “Individual One”, who was never named.

The Department of Justice has a policy of not charging a “sitting” President, and in the past, wouldn’t even name a President involved in possible charges (Nixon, the fifth “unindicted co-conspirator”).  But it was clear that “individual one” was Donald Trump.

After Cohen pled guilty, the Justice Department under Attorney General Bill Barr, ended the investigation.

Falsifying a business record is a misdemeanor offense under New York State law.  But falsifying to cover a further crime (campaign finance fraud) raises the offense to a felony.  The reality is that Manhattan District Attorney Alvin Bragg has a “slam-dunk” case on the misdemeanor offense, and a solid set of circumstances leading to the underlying campaign finance fraud.

The Indictment

A Grand Jury determines charges (indictments) in New York.  The District Attorney presents evidence to Twenty-three citizens. A majority then decides if there is probable cause that crimes were committed.  In fact, New York also allows a potential defendant to present some evidence to the Grand Jury, to mitigate possible charges.  Monday a lawyer representing Mr. Trump, Bob Costello, testified.  In public statements after, he went to great lengths to lay blame for all of this on Cohen, rather than Trump.

The Grand Jury is meeting again today, either to hear more testimony, or a presentation of possible charges from the District Attorney’s office.  In the next couple of days history will be made, no matter what decision the Jurors make.  If they decide to indict Donald Trump, it will be the first time in US History that a former President faces charges.

So we wait.

The Text

Damn – I promised myself I wouldn’t do this.  But the news is too current and significant to let this “Tweet” (or “Truth-less”) pass.  Here’s the text. Donald Trump writes in all capitals. It was on his site “Truth Social”; posted at 7am on Saturday, March 18^th.

“OUR NATION IS NOW THIRD WORLD & DYING.  THE AMERICAN DREAM IS DEAD! THE RADICAL LEFT ANARCHISTS HAVE STOLLEN (sic) OUR PRESIDENTIAL ELECTION, AND WITH IT, THE HEART OF OUR OUR (sic) COUNTRY.  AMERICAN PATRIOTS ARE BEING ARRESTED & HELD IN CAPTIVITY LIKE ANIMALS, WHILE CRIMINALS & LEFTIST THUGS ARE ALLOWED TO ROAM THE STREETS, KILLING & BURNING WITH NO RETRIBUTION.  MILLIONS ARE FLOODING THROUGH OUR OPEN BOARDERS (sic), MANY FROM PRISONS & MENTAL INSTITUTIONS.  CRIME & INFLATION ARE DESTROYING OUR VERY WAY OF LIFE…

NOW ILLEGAL LEAKS FROM A CORRUPT & HIGHLY POLITICAL MANHATTAN DISTRICT ATTORNEYS OFFICE, WHICH HAS ALLOWED NEW RECORDS TO BE SET IN VIOLENT CRIME & WHOSE IS FUNDED BY GEORGE SOROS, INDICATE THAT, WITH NO CRIME ABLE TO BE PROVEN, & BASED ON AN OLD & FULLY DEBUNKED (BY NUMBEROUS OTHER PROSECUTORS!) FAIRYTALE, THE FAR & AWAY LEADING REPUBLICAN CANDIDATE & FORMER PRESIDENT OF THE UNITED STATES OF AMERICA, WILL BE ARRESTED ON TUESDAY OF NEXT WEEK.  PROTEST, TAKE OUR NATION BACK!”

Indictment

Donald Trump says he’s going to be arrested and arraigned on Tuesday in Manhattan.  He may have specific knowledge of this.  Common practice for “white collar” crime is for the defendant to voluntarily turn himself into the Court.  Since Trump is in Florida, his lawyers would have prior notice so that Trump could travel to Manhattan.  

Or, he might simply be “preempting” the Manhattan DA in order to get ahead of the news coverage.  In his tweet, Trump called for protests, claimed that District Attorney Bragg is linked to billionaire George Soros, and called the possible charges debunked and fairy tales.  He raised the threat of public violence if the Manhattan DA brings the charges.

Meanwhile the MAGA caucus of the House of Representatives jumped on the Trump bandwagon.  Speaker of the House Kevin McCarthy called for House investigations of the Manhattan DA,  and the real leader of the House Republicans, Congressman Marjorie Taylor Greene, called possible charges “political” and “dangerous”.  

Strategic Leaks

I hope that Trump’s right.  I look forward to a demonstration of justice, where every American can be assured that we are “Equal before the Law”.  But, to be honest, we are in the midst of a full orchestration of MAGA activities.  First, Speaker McCarthy released thousands of hours of video from January 6^th solely to Tucker Carlson at Fox.  Carlson selectively edited that footage to “demonstrate” that the Insurrection was really not a “bad” thing.  Carlson’s message:  don’t believe your lying eyes from that tragic day, it was really just an extended “tourist” excursion into the building.  

Second, the Trump campaign scheduled a rally in Waco, Texas near the thirtieth anniversary of the David Koresh/Branch Davidian standoff against Federal authorities.  That weeks-long conflict ended with the Davidians burning down their own buildings, and killing seventy-six of their own men, women and children.  Four Federal Agents were also killed in the standoff, and numerous others wounded.  The site has become a “shrine” for those opposed to Federal authorities (Time), and Trump is wrapping himself in the “Don’t Tread on Me” flag.

Third, the MAGA Republicans in the House were quick to take steps to delegitimize the investigations of Trump, in Manhattan, Atlanta, and Washington DC.  It took them less than a couple of hours. They clearly are prepared for indictment, and Trump’s tweet was a call to action. Saturday’s reactions were pre-planned.

Eating Cake

One Republican talking point is already getting traction: this is “old news”. We knew about Stormy Daniels, Michael Cohen and the payoff checks years ago. Why is it just now, 2023, a year before another Presidential election that Alvin Bragg is bringing charges? Is this an example of “Justice delayed, justice denied”?

The payoff happened in the fall of 2016. It came into the public news in January of 2018. Originally it was a Federal case in the Southern District of New York, who charged and convicted Michael Cohen. Trump’s name was never in Cohen’s legal documentation, but everyone knew who “Individual One” was. Like the fifth “un-indicted co-conspirator” in the original Watergate indictment, the Department of Justice would not name a sitting President in criminal proceedings.

Trump was President until January 20, 2021, three years after the “Porn Star” story broke. And it took some time after to realize that even the Biden Justice Department wasn’t going to pursue charges, though Cohen was sentenced to three years in jail. It was only then that the Manhattan District Attorney’s office took on the case. Justice wasn’t delayed, it was deferred by Trump’s status and his ally, former Attorney General Bill Barr.

Show Trial

And make no mistake:  if indicted the Trump team will make this into a “show trial”, with Trump as the ultimate “victim”.  They’re going to “prove” that there is a “Democrat-Anarchist-Soros” conspiracy to stop his candidacy.   A Trump “perp walk”, preferably with handcuffs, will play right into his public relations ploy.  It will solidify his supporters, perhaps even bringing them into the streets reminiscent of their now “Carlson cleansed” Insurrection.  

What can Trump’s opponents for the Republican candidacy for President say other than supporting Trump’s actions? Even former Vice President Pence, threatened with death in the real Insurrection, spoke out against indictment (and looked incredibly weak saying “it’s not what the American people want to see”). Any statement to the contrary, and he and the rest of the candidates would lose the MAGA majority of the Republican Party. That group still controls the primary vote to choose the nominee.

It always goes back to the original Trump plan decades ago: better to get bad publicity, than no publicity at all.  And for Saturday’s news cycle, Trump “won”; probably for Sunday and Monday too.  He got what he wanted, and he wanted what he got (sorry for messing that quote up – Mr. Miranda!).

But I will say this – I am “clearing the decks” this week for a Presidential indictment. It’s American History: like Nixon’s resignation, Clinton’s Impeachment trial, and the two Trump Impeachment trials. A President, even a former one, will present himself to a Court for judgment. With all the concerns about violence and upheaval, in the end it shows our government exercise its ultimate power – the rule of law. A former chief executive called to the “bar” by the Judiciary is the final “check and balance”.

Ain’t that America? 

This is another in the Sunday Story series – no politics here (though I’m waiting for an indictment – more tomorrow).  Just a story about building fences.

March

It’s March in Pataskala. After forty years of coaching in the spring, I should know better. I haven’t even brought the snowblower out of the shed this year. In the warm days of February, the grass grew and the trees bloomed. But, it was all a lie. Now it’s March; the temperatures drop, and the snow begins. So far, this March is more winter than spring.

That’s nothing new if you live in Ohio.  My friends used to joke that the only guaranteed weather was snow on the first track meet towards the end of March.  That’s the end of this week, and they’re probably right again, though now the prediction is even worse:  cold rain all morning.   That’s worse than snow.  At least with snow you’re not soaked through. But cold rain just saturates.  There’s no way to stay warm, even with expensive rainsuits.

We are trying to build a rail fence in our backyard.  The idea is that with five dogs, it would be nice to have a way to either separate them from each others sometimes, or keep them from other parts of the yard.  After all, five dogs in March means lots of mud, and no chance for the grass to grow through it.  So we could rotate where the mud is.  But building outside in March is much like running track.  You start the project on a warm day when the temperature hits the seventies.  The next day, it’s all frozen.  Then it’s mud to slop through for a week.

Muddy Paws

By the way, in our household a major decision point in the day is – mud or not?  With five dogs, there are twenty paws.  This morning at eighteen degrees the mud is frozen.  All dogs can come in without the ritual “PAWS-PAWS-PAWS” cry at the doorway, as we try to get them clean.  

Three are wonderful; Buddy, Lou, and Keelie. They sit down and wait for you to come clean their paws. However, the “baby-Yoda puppy” CeCe, runs for the next room, mud or not. She hates to have her paws cleaned. And then there’s the Lab, Atticus. He gets so excited about getting his paws cleaned, he doesn’t know what to do. He tries to jump, kiss, and roll; all at the same time. You just try not to get covered with mud as he gyrates (and keep your mouth clear of danger – Atticus is an on-the-lips kisser!)

Postholes

Fences start with posts, and posts begin with postholes.  My newly healed shoulder (see the essay, Stupid Human Tricks) got a workout last week, using the posthole digger, an implement designed to make shoulders move like no other tool.  That was a good test to see how the newly reattached tendons were doing – no problem getting the five holes dug (though the next morning my shoulder was definitely complaining).  Then the March construction “Madness” begins; pouring cement to set the poles in place.  Posthole cement is easy; fill the hole, add water, make pour holes so the water can get to the bottom, and wait.  

Pouring Cement

But the finicky thing about cement is getting it to set.  You need time above fifty degrees, and definitely days about freezing.  If the temperature drops below freezing and the cement isn’t set, it just ends up being dried powder, not real concrete.  So with one eye on the forecast, I gambled on the posts.  It was seventy when I poured, and stayed above fifty for about twenty-four hours.  Now thirty-six hours later, it’s supposed to snow – but no more than an inch or so.  Posts feel firm, but, like betting in the basketball tournament, it’s a coin-toss. Hope I’m Farleigh Dickinson and not Purdue (If you missed that analogy – #16 ranked FDU beat #1 ranked Purdue Friday night as St. Patrick drove the basketballs out of West Lafayette!!)

With the posts set, the next move is to get the rails up.  That’s slow work, measuring (twice) and probably fixing (twice), trying to decide whether the rails should be level or even.  There’s a difference:  one means the rails are set with a level, the other means that the rails are equal distance from the ground on each post.  It’s not level ground, some posts are on higher ground than others.  So do I want the rails “level”, or even with the ground.  I’ll probably start with one, and once it’s all set, decide the other is better, or split the difference.  

Snow

But if it’s going to snow this afternoon and I might just wait.  Tomorrow’s high of fifty degrees is calling my name.  There’s always a spot by the fire in the family room, if I can get the dogs to let me join them.   The short-haired dogs love that fireplace in the winter time – even when it’s really almost spring!!

Postscript – It’s Tuesday – and after two days of outstanding weather – the fence is done!!!

The Sunday Story Series

• Riding the Dog  – 1/24/21
• Hiking with Jack – 1/31/21
• A Track Story – 2/7/21
• Ritual – 2/14/21
• Voyageur – 2/19/21
• A Dog Story – 2/25/21
• A Watkins Legend – 3/7/21
• Ghosts at Gettysburg – 3/14/21
• Lessons from the State Meet – 3/28/21
• More Lessons from the State – 4/4/21
• Stories from the Road – 4/11/21
• A Bear Wants You – 5/1/21
• My Teachers – 5/9/21
• Old Friends  – 5/23/21
• The Gift – 6/6/21
• Echoes of Mom – 6/20/21
• Stories of the Fourth – 7/3/21
• Running Memories – 7/25/21
• Lost Dog of Eldora – 8/1/21
• Dogs and Medals – 8/8/21
• The New Guy – 9/5/21
• Stories of 9-11 – 9/12/21
• The Interview – 9/26/21
• Night Moves – 10/3/21
• Funeral for a Friend – 10/11/21
• National Security – 10/24/21
• Boots on the Trail – 10/31/21
• Taking Care of Mom and Dad – 11/14./21
• Dogs Found and Lost – 11/21/21
• Watching Brian 12/12/21
• Stories from Shiloh – 12/19/21
• Team Trips – 12/26/21
• Uphill, Both Ways  – 1/9/22
• Old Trophies – 1/30/22
• The Last Time – 2/7/22
• Olympic Miracles – 2/13/22
• Mind Numbing – 2/20/22
• Track Weather – 4/3/22
• What’s Missing – 4/11/22
• A Scouting Story – 4/17/22
• Waterproof Paper – 5/8/22
• Origin Stories – 5/22/22
• Origin Stories – Part Two 5/29/22
• Back at State – 6/5/22
• Out in the Country – 6/19/22
• Pataskala Downs – 7/4/22
• Car Stories I – 7/24/22
• Car Stories II  – 7/31/22
• Old Man Experience – 8/7/22
• Cross Country Camp – 8/14/22
• New to the Pack – 8/21/22
• Car Stories III – The Bus – 8/28/22
• A Day in the Life – 9/4/22
• Stupid Human Tricks – 9/18/22
• Fair or Foul – 2/26/23
• Immigrant Story – 3/12/23
• Building Fences – 3/19/23

Crimea

The Black Sea is a hotbed of military activity today.  It is “Russia’s inland sea”, mostly controlled by the Russian Navy sailing forth from their only ice-free base of Sevastopol in Crimea.  If you wonder why Crimea, the southern peninsula that is part of the Ukraine, is so important to Russian President Vladimir Putin, the base at Sevastopol is the answer. The Russians first built there in 1772.  The famous Tennyson poem the “Charge of the Light Brigade” (“Half a league, half a league, half a league onward, all in the Valley of Death…”) was about a British attack to control the port in 1854.  They failed.

So while it may be realistic for President Zelenskyy of Ukraine to talk about reuniting his invaded nation, it’s truly unlikely that Crimea will be a part of that union.  Before the first Russian invasion in 2014, the base at Sevastopol was a Russian sector within Ukraine (kind of like the US base at Guantanamo in Cuba).  The land bridge between Crimea and the rest of Ukraine is very narrow, just a couple of miles, and incredibly well defended.  Russia is just not likely to give it up.

Bosporus

Regardless, outside the territorial waters twelve miles beyond national borders, the Black Sea remains international territory.  That includes not only the waters, but the airspace above the waves.  

Access to the Black Sea from the Mediterranean is through the narrow straits that divide Europe and Asia at Istanbul, Turkey.  The Bosporus looks more like a big river, perhaps the Mississippi, rather than the connection between two seas and continents.  And it runs through the heart of the city.  Turkey controls access to the Black Sea, particularly military access.  So while the Russian fleet dominates the Black Sea, they can’t necessarily get out to the rest of the world.  And the rest of the world can’t get to them without Turkish permission.

Gathering Intel

The United States does not have any warships in the Black Sea at this time.  But we do have intelligence gathering aircraft flying overhead, keeping track of Russian activity both in Crimea and along the battlelines of Ukraine beyond the horizon.  That intelligence in part goes to the Ukrainian forces, and is a continual irritant to Russian forces.  So it shouldn’t be a surprise that Russia doesn’t like it.

When I think of drones, I think of my neighbor getting overhead shots of our houses, or really cool race videos from the cross country meet.  But the American intelligence drone, the MQ9 Reaper, is a rear-propeller driven aircraft, 36’ long with a 70’ wingspan.  It is fully capable of carrying weapons; designated a “hunter/killer”.   The drone also has a large array of intelligence gathering instruments.  It is directed by a remote operator in real-time through satellite links, and flies much like any other aircraft.  It costs $32 million apiece, and the US has over 300 of them.

Pissing in Corners

Yesterday, the two Russian fighter aircraft started “messing” with an MQ 9 Reaper over the Black Sea.  At first, they did high-speed maneuvers around the slower propeller driven aircraft. They literally “pissed” on the drone; dumping aerosolized fuel in its path.  Then finally, one of the SU-27 fighters approached the drone from the rear and hit the propeller.  The drone fell into the Black Sea, but not before all of the intelligence data and programming was erased in an emergency “dump”.   The SU-27’s, including the one that collided with the drone, were able to land in Crimea.

The Russians state that the drone was in Russian claimed airspace.  The United States, with full video evidence of the Russian actions, say that the fighter pilots were unprofessional and basically “cowboying” around the drone.   But it’s unlikely that they were “cowboying” without permission from their superiors, and the US has lodged full diplomatic complaints with the Russian foreign ministries. 

The US and NATO have avoided this direct interaction since the Russian invasion began over a year ago.  And the US downplayed this incident by putting it fully in the diplomatic field rather than triggering a military escalation. After all, it’s “only a drone”, albeit a $32 million one.  If there was a pilot, it would have been a very different story.  The Russians know that as well.

Consequences

This is a serious “game”, for the Russians, for NATO, and for the United States.  Like similar incidents with Chinese aircraft over the South China Sea, the US is declaring the right to transit international waters both by sea and by air.  It all comes down to the actions of the men who are piloting the planes, in the cockpit, or remotely from some obscure base back in the United States.  Either way, it’s not just about the cost of the aircraft – it’s about the risk of escalation, reminiscent of the Cold War over Europe.  All sides have to recognize that danger, or mistakes will happen.  

I know the type of pilots the United States has, not only in the cockpits, but on the remote controls.  I know they are highly trained, incredibly competent, and well aware of the consequences of their actions.  But who knows the Russian (or Chinese) pilots, or  the intent of their commanders.

And that’s dangerous.

Ukraine Crisis

• Marking Territory – 3/15/23
• Ukraine and America – 2/28/23
• Kherson – 11/14/22
• When Winter Calls – 9/12/22
• A Full Plate – 7/26/22
• Ukrainian Independence – 6/30/22
• No Victory Day – 5/10/22
• Desperate Moves – 4/27/22
• This is the Time – 4/20/22
• The Winning Message – 4/18/22
• Victory Day – 4/12/22
• Chapter Two – 4/11/22
• Zelenskyy’s Choice – 3/31/22
• The Gaffe – 3/28/22
• Putin’s Choice – 3/27/22
• Far Away From the Front – 3/20/22
• The Next Step – 3/17/22
• Thinking the Unthinkable – 3/14/22
• Russian Oil – 3/11/22
• Kyiv’s Choice – 3/8/22
• The Logic of Madness – 3/7/22
• Lights Out – 3/6/22
• Ante Up – 3/3/22
• State of the Union  3/2/22
• The Guns of March 3/1/22
• Sanctions 2/26/22
• What Happens Next 2/24/22
• The Games Begin  2/22/22
• Talking with a Friend 2/18/22
• Trip Wire 2/2/22
• On the Brink 1/23/22
• The Ukrainian Dilemma 12/5/19

George Bailey

Let me see if I can get this right.  So Silicon Valley Bank, known for investing “venture capital” for cutting edge industries, was closed by the Federal Deposit Insurance Corporation.  The FDIC stepped in, because the Bank didn’t have enough money to cover its deposits, just like the “bad old days” of the Great Depression.  Depositors went to the bank, and their money wasn’t there.  It’s just like Jimmy Stewart in “It’s a Wonderful Life”, when everyone showed up at the Bailey Bank to take out their money.

Except, instead of folks lining up at the door, in 2023 they just hit the screen on their phones.  They move the money with lightning speed, no waiting in line, and in almost no time, the SVB bank was “empty”. 

So that’s sucks for them, right?

Make Money on Money

Banks make money.  They do it by investing the money of their depositors.  One way to do that is to loan that money out to others (venture capital, mortgages, car loans), and another is by investing in “safe” securities, like US government bonds.  And Government bonds are incredibly safe.  But SVB put so much money in bonds, that when interest rates went up, and money go “tighter”, all of a sudden SVB was “short”.  They didn’t have the cash on hand to cover deposits. 

Remember that interest rates went up because the Federal Reserve itself was raising the rates, in order to slow inflation.  I think all of us knew that was going on, and it’s hard to understand how a “cutting edge” bank would miss this.  Actually, I’m sure that the fine investment minds at SVB knew what was going on, but they thought they could “ride out” their cash short fall.  They would go out and raise more capital for the bank, kind of like when George Bailey’s family got everyone in town to pitch in money around the Christmas tree.

But the depositors found out, and started to get their money out.  And in this age of Twitter, the word went out fast, and soon the bank was caught, and the grim FDIC inspectors showed up, and padlocked the doors.

FDIC

The depositors in Silicon Valley Bank are protected by the FDIC, up to $250,000.  And yesterday the FDIC was already paying out to those depositors, their money no longer in the SVB.  But the problem is, there are many corporate depositors, who kept their “liquid assets” for things like payroll, in the bank.  And those assets were much greater than $250,000.

Of course businesses keep their money in the bank, just like you and I do.  And if it’s a big enough business, one month’s payroll might be in the millions of dollars.  All of a sudden, those companies can’t meet their payroll obligations – the money ain’t in the bank.  The FDIC promises that they too will get their funds ultimately, but it wasn’t yesterday and it’s not likely to be tomorrow either.  Hard to accept the word from your boss, “There won’t be a paycheck this week, but come to work anyway”.  

Shares of Nothing

And then there’s one more set of “monies” tied up in the Silicon Valley Bank.  Most banks are publicly held companies; they sell shares of “stock” on the market.  While the FDIC insures the deposits, there is no insurance for owning shares of stock.  So all of those investors in this “cutting edge” bank are likely to lose their money, just like many did in the stock market crash of 2008, and the “dot.com” crash of 1995 (I remember well when my $4000 of Worldcom shares ended up worth about $0.45 – total).  

So woe-for-those Silicon Valley Bank owners.  Their shares in ownership are literally valueless.  And it’s not just individuals.  The Ohio Teachers Retirement System, my pension fund, owned $40 million worth of SVB stock.  There’s some “fine investment minds” in Columbus, Ohio too.  I guess in their favor, they lost over $5 billion last year on $95 billion in investments, so $40 million is just another drop in the 2023 bucket.  

Silicon Valley Bank screwed up.  This doesn’t mean that we are headed to another Great Depression, with runs on all the banks.  Don’t start lining up at the Park National ATM machine, and don’t start storing that inflation/vulnerable cash under your mattress.  Most banks (well, not New York’s Signature Bank) are safe.  And the FDIC is well funded to protect deposits, as long as, the BIG-BIG-BIG banks don’t fail.   And don’t worry about that: those banks are why the term “Too big to fail” began.

            Top Ten Banks in the United States

•                         JP Morgan Chase
•                         Bank of America
•                         Citigroup
•                         Wells Fargo
•                         US Bancorp
•                         PNC Financial
•                         Truist Financial (BB&T and Sun Banks)
•                         Goldman Sachs
•                         Capital One Financial
•                         TD Group US Holdings (Toronto-Dominion Bank)

Note – Silicon Valley Bank was ranked 15^th, Signature 29th. My bank Park National is ranked 136^th out of 2124 total banks (Fed Reserve).

This is a “Sunday Story” – about my family.

Great Grandfathers

I am the child of immigrants.

My great-grandfather, Isaac Dahlman, emigrated from war and conquest.  He left Riedseltz, Alsace, a town caught in war between France and Germany, in 1867.  He joined a large community of Jewish folk in Cincinnati, and soon married, a woman also from Alsace, Clara Dreyfoos.  They had six children, the youngest named Benjamin, born in 1880;  my grandfather.  He wasn’t just the youngest, he was the toughest.  Ben was the sub-fly weight (under 100 pounds) boxing champion of Cincinnati in 1899.  He married my grandmother Gertrude in 1913.  They had two kids, the second towards the end of World War I in 1918.  His name was Donald Dahlman;  that’s my Dad.

And my great-grandfather Michael O’Connor was born in Ballylongford, Ireland.  He emigrated to London, England, where he married Jane Wolfe.  They had one child, William, my grandfather born in 1882.  William served in the British Army during the Boer War (in South Africa), then came home to make barrels and marry Edith Curtis, of Scottish descent.  They had also had six kids, raised in the Roman Catholic Church.  They named the  youngest Phyllis Mary Teresa O’Connor, also born in 1918.  As the youngest, she was the “baby”, called “Babs”. That’s my Mom.   

World War

It took a World War to bring my parents together.  Mom was serving in the British Special Operations Executive during World War II, essentially a “spy” who was dropped into enemy held territory.  Dad went to England with the more than two million Americans sent to stop the Nazis.  While Dad was in the finance office, he originally trained in Army Intelligence, and still had friends there.  So when he was going to London and looking for a date, his friends “hooked him up” with Babs.

It was a classic war and love story.  They met on their blind date at a restaurant called the Queen’s Brasserie.  Mom was there first, scouting out the room, and checking out the Americans as they came in the door.  Dad arrived, and, Mom was thinking, “Who is that small, interesting looking man with the dark hair”.  They had dinner, and talked, and talked, and talked.  They walked the streets of blacked-out London, and fell in love literally as the bombs fell.  From that moment in 1943, they were “Babs and Don”, until death did they part in 2011.

Babs and Don returned to the US after the war, Mom a “war bride”.   They settled in Cincinnati, and had three kids.  There youngest was born in 1956, Martin O’Connor Dahlman.  That’s me.

Immigrant’s Day

So I am the child of immigrants; from France and Germany, from Ireland and Scotland, and, of course, from England.  That “Heinz 57” of nationalities doesn’t get any more – American.  I am proud of my ancestors, the courage they showed to go search for a better life in a new country.  And I am proud of my Jewish background from Dad’s side, and my English/Irish/Catholic background from Mom’s side.  And this week, here in Columbus, Ohio, America – it’s the week of St. Patrick’s Day. 

It’s not just about the colors:  Green, White and Orange for Ireland, red for the beer and golden amber for the whiskey.   It’s not just about the music, from old Irish folk songs to new Irish rock.  St. Patrick’s Day is a day to celebrate the best of America – a Nation of immigrants were almost everyone can look back, just a few generations, to see “where they come from”*.  It doesn’t really matter whether that ancestry starts in a small Irish village like Ballylongford or an Alsatian town called Riedstelz.  St. Patrick’s Day is Irish, but it’s also an American celebration of immigrants from all over the world, who came to America to “get the job done”*.   On March 17, we are all Irish, we are all immigrants.  And we might all end up hungover, and full of potatoes and corned beef and cabbage.  

But it’s a good time to remember that the difference of America, is that we ALL came from somewhere else. And, we all need to still “…Lift our lamp beside the Golden Door”#.  It’s what makes us American.

• * Hamilton, the Musical;
• # Emma Lazarus, The New Colossus, on the base of the Statue of Liberty

Want to read more about the Dahlman Family? Click here

Postscript – spent the afternoon in a crowded Irish pub. Lots of green, lots of laughter, lots of music. Everyone was Irish – whatever their descent. Plenty of Harps beer for me – and corned beef, cabbage and potatoes. The bagpiper casually strolled through a few times. HAPPY ST PATRICK’S DAy!!!

The Sunday Story Series

• Riding the Dog  – 1/24/21
• Hiking with Jack – 1/31/21
• A Track Story – 2/7/21
• Ritual – 2/14/21
• Voyageur – 2/19/21
• A Dog Story – 2/25/21
• A Watkins Legend – 3/7/21
• Ghosts at Gettysburg – 3/14/21
• Lessons from the State Meet – 3/28/21
• More Lessons from the State – 4/4/21
• Stories from the Road – 4/11/21
• A Bear Wants You – 5/1/21
• My Teachers – 5/9/21
• Old Friends  – 5/23/21
• The Gift – 6/6/21
• Echoes of Mom – 6/20/21
• Stories of the Fourth – 7/3/21
• Running Memories – 7/25/21
• Lost Dog of Eldora – 8/1/21
• Dogs and Medals – 8/8/21
• The New Guy – 9/5/21
• Stories of 9-11 – 9/12/21
• The Interview – 9/26/21
• Night Moves – 10/3/21
• Funeral for a Friend – 10/11/21
• National Security – 10/24/21
• Boots on the Trail – 10/31/21
• Taking Care of Mom and Dad – 11/14./21
• Dogs Found and Lost – 11/21/21
• Watching Brian 12/12/21
• Stories from Shiloh – 12/19/21
• Team Trips – 12/26/21
• Uphill, Both Ways  – 1/9/22
• Old Trophies – 1/30/22
• The Last Time – 2/7/22
• Olympic Miracles – 2/13/22
• Mind Numbing – 2/20/22
• Track Weather – 4/3/22
• What’s Missing – 4/11/22
• A Scouting Story – 4/17/22
• Waterproof Paper – 5/8/22
• Origin Stories – 5/22/22
• Origin Stories – Part Two 5/29/22
• Back at State – 6/5/22
• Out in the Country – 6/19/22
• Pataskala Downs – 7/4/22
• Car Stories I – 7/24/22
• Car Stories II  – 7/31/22
• Old Man Experience – 8/7/22
• Cross Country Camp – 8/14/22
• New to the Pack – 8/21/22
• Car Stories III – The Bus – 8/28/22
• A Day in the Life – 9/4/22
• Stupid Human Tricks – 9/18/22
• Fair of Foul – 2/26/23
• Immigrant Story – 3/12/23

Undercover Crime

If this happened in New York or California, it would be big news.  First Energy Corporation was saddled with aging and expensive nuclear reactors. So they paid a $60 million bribe to get “the government” to take over their trillion dollars of debt.  They got “their man” elected as the state Speaker of the House. He spread that bribe money among candidates for the legislature. (First Energy admitted to this and paid a massive fine in a Civil Court action).   

He then goes on to use tough tactics to get the vote through the legislature.  Governor DeWine signed the bill and the state paid the debt on the aging plants.  And when a popular referendum was proposed to revoke it, the Speaker lead the fight to keep it off the ballot.  He took the bribe, and he kept his word to the end.  It’s the definition of corruption, big-time corruption.  Take a bribe, spend state money to protect the “briber”; do whatever it takes to “come through”.  I guess there is some “honor” among these thieves.

And it all happened, right at Broad and High here in Columbus, the state capitol of Ohio.  But if you weren’t paying attention, it just went right by.

Missed It

Yesterday, the former Speaker of the Ohio State Legislature, Larry Householder, and the former Chairman of the Ohio Republican Party, Matt Borges, were convicted of bribery and corruption in a Cincinnati Federal Court.  They could both be sentenced to up to twenty years in Federal prison.  But, unless you were paying close attention, you probably don’t even know.

Most of the newspapers in Ohio are owned by Gannett-Ohio.  Gannett owns twenty-one daily papers, including the Columbus Dispatch, the Akron Beacon Journal, the Canton Repository and the Cincinnati Enquirer (and for locals here, the Newark Advocate).  And they own thirty weekly papers, the old small-town mastheads that used to give the school lunch menus and the local farm prices (like the Pataskala Standard and the Lancaster Eagle-Gazette).  The mastheads still exist, but the “local-ness” is gone.

Gannett sent two reporters to the trial in Cincinnati, and had the most scandal coverage in the state.  But even then, it was sporadic.  And the scandal coverage “ended” at Householder and Borges.  The millions of dollars spent for other candidates for office seems to have gone unnoticed.

Off Television

An avowedly conservative Sinclair Corporation owns television stations in four of the six major Ohio markets (including WSYX in Columbus and WKRC in Cincinnati). So does less politically committed Nexstar.  While there’s been some coverage of the First Energy scandal on Nexstar’s stations, it’s often been buried in the local news, or on the Sunday morning shows.  

All of Ohio’s media seems to be willing to allow Householder and Borges to “take the fall” for the First Energy scandal.  But the tentacles went far and wide, all the way to include Governor DeWine and Lieutenant Governor Husted.  Many of the Republican legislators currently serving got “a piece” of the First Energy millions.  But no one is talking about them.

And as far as national media is concerned, there is nothing happening here (…move along, move along).  I suppose since Ohio seems to be an uncontested “Red” state, there’s no political headline worth pursuing.  That is, except for a big railroad crash leaving hazardous waste all over a small Eastern Ohio town.  

Under the Radar

And even the Democratic candidates for office here in Ohio seem unable to build on the rampant corruption of their opponents.  The Republicans have managed to “lockdown” the First Energy contagion to Householder and Borges, regardless of the widespread involvement by most of the GOP leaders.  It’s kind of like the better covered George Santos election in New York, where the Democrat knew all about his opponent, but couldn’t effectively campaign on it.

The current state legislature is so Republican that it “schism-ed” into a far-right Republican section and a mid-right section that got the few remaining Democrats to go along for a majority.  The Ohio Attorney General Dave Yost refused to come out against the “deal” because he received money (legally) from First Energy.  Governor Mike DeWine appointed an energy-friendly Chairman of the Public Utilities Commission, who took a multi-million dollar bribe from First Energy.

The First Energy bribery goes all the way to the top of the Ohio government.  But the executive branch, the legislature, and Gannett, Sinclair and Nexstar, all seem content to let Householder and Borges “hold the bag”.  If they won’t chase the story, who will?

Ohio seems to pride itself on being “under the radar” of national news.  And, as long as it’s not about Norfolk and Southern Railroad, that’s still holding true. 

Earlier Essays about Ohio and First Energy

• Ohio’s Energy Scandal
• Red Ohio

This is the second in a series about words we use daily.  As George Orwell said:

“But if thought corrupts language, language can also corrupt thought.  A bad usage can spread by tradition and imitation even among people who should and do know better.”

America’s language is just as divided as its politics.  Words that once had “clear meaning”, now mean totally different things to different people.  It depends what their source of information is, who they listen to, and what they believe.  There have already been essays on “Our America” dealing with some of these “language” differences in the past (see the list below).  But it’s time to write an “index” of terms, what meanings they have, and how they divide us.

Cancel

All sides of America’s current political life feel that “they” are being cancelled.  That term was originally used to describe what happened to minorities and women in public settings.  White men spoke and were taken seriously, but when women or minorities spoke, they were ignored (or cancelled).  But the use of the term has evolved into a more direct societal action.  

Today when someone commits a “sin”, then they are “cancelled” from society.  That simplest example is two-time Oscar Award winning actor, Kevin Spacey.   Spacey is accused of more than fifteen acts of sexual misconduct, including assaulting a fourteen year old boy.   He continues to have legal issues, and his actions have deleted him from films and television, even in re-runs.  From the top of his profession – he was (rightfully) cancelled.  Bill Cosby has suffered much the same fate.  Thirty years ago, when Michael Jackson was accused of similar behavior – the “sins” were swept away, and we still listen and dance to his music.

In the pejorative sense, right-wing politicians claimed they have been “cancelled” by the “woke” (see yesterday’s essay) media because of their political stands.  They are “victims” of “cancel” culture – but their actions show they are trying to “cancel” their opponents.  From Florida’s “Don’t Say Gay” Law, to Ohio’s pending Education Act to emasculate the State Board of Education, the right, claiming cancellation “victimhood”, are actually the master cancellers.

Labels

When did China become “the Chinese Communist Party”?  From Tik-Tok to the manmade islands of the Sea of China, what used to be a “China” issue, are now issues of the “Chinese Communist Party”.  And it’s an ecumenical term, with both Democrats and Republicans using it.  

We aren’t stupid.  We know that China is run by the Chinese Communist Party, and has been since Mao Zedong in 1949.  And we know that the nation of Taiwan (we don’t call them Nationalist China anymore) are Chinese too.  So why the emphasis on the Communist Party label?  Does it somehow make a difference what you call the second biggest national economy in the world? 

The United States made it an unspoken national goal to “conquer the world”, not with force of arms, but through capitalism.  Our products are ubiquitous, from IPhones to Big Macs. US companies; Apple, Ford, General Motors, Gap, Starbucks, Coke and Pepsi are all heavily invested in China.  The American dollar is the world’s standard currency; the benchmark of financial commonality.  The fact that the biggest names in capitalism, from Apple to GM, are in a nation run by the Communist Party, should be a source of US pride. Communism needs our capital, and our capitalism.  Marx, Lenin, and Mao are spinning in their graves; “Corporations of the world Unite!!”.

But we don’t need the conceit of calling out that Communists run China all the time; in fact, it makes us look stupid.   We know it, and so does the rest of the world.

Democrat

And speaking of labels; it’s amazing to hear all those Ivy League educated right-wing leaders, from Cruz to DeSantis to Hawley and Hailey; calling their opposition party the “Democrat” Party.  They sound uneducated – like they somehow missed the day in Senior government when they talked about the Democratic and Republican Parties.  It’s a not-so-subtle insult:  somehow “Democrat” sounds meaner and crueler and stupider than Democratic. 

Just to be clear, I am a Democrat, and that makes me a member of the Democratic Party.  They are Republicans, and that makes them members of the Republican Party.  Using insulting terms,  just sounds silly:  sticks and stones, fifth graders down the hallway kind of silly. And if their goal is to irritate Democrats, sure, that does work. But frankly, their threats to our rights are so great, this seems petty.  There’s plenty of real insults to democracy, and the Constitution to deal with.

It’s a matter of false empowerment.  Years ago, my track team from Watkins High School ran against a neighboring school.  The coach there refused to call our team and school “Watkins” on the public address system, instead using the name of our school district, “Southwest Licking”.  He was trying to alter the result by “getting in our heads”. His team could never beat Watkins, but maybe they could beat Southwest Licking.  It didn’t work, and it gave me more “ammunition” to fire up my Watkins team.  We won, and here forty years later, it still fires me up.  

So call my party the “Democrat Party” if you have to.  It makes you sound stupid, and it gives me one more reason to work (or write) harder!

Essays on Language

• Control the Language – Part Two
• Control the Language – Part One
• I am Pro Life
• Off My Chest
• Message to a Friend

This is the first in a series about words we use daily.  As George Orwell said:

“But if thought corrupts language, language can also corrupt thought.  A bad usage can spread by tradition and imitation even among people who should and do know better.”

Divided

We are a Nation divided.  In fact, we are a Nation born in division.  Even in the American Revolution, only forty-five percent of the colonists were in favor of rebellion. A solid twenty percent were loyal to the Crown.  Around 80,000 (out of 2.5 million)  left the colonies after the Revolution, fleeing to Canada and Great Britain (USHistory.org). 

Our divisions today seem clearer than ever.  I watch MSNBC, my neighbor watches Fox.  We see different news broadcasts, with different perspectives on almost every event.  And even if you don’t “watch” the news, we all have widely differing sources for information.  We are in a “post-truth” age; we can select the “truths” that fit our perspective.  And, of course, I’m right, and you’re wrong (not really).  Ask Tucker Carlson if you don’t believe me. 

America’s language is just as divided as its politics.  Words that once had “clear meaning”, now mean totally different things to different people.  It depends where their sources of information are, who they listen to, and what they believe.  There have already been essays on “Our America” dealing with some of these “language” differences in the past.  But it’s time to write an “index” of terms, what meanings they have, and how they divide us.

Liberal

There are really three definitions of the word “liberal”.  The first is the classic definition, used in the terms liberal arts, liberal democracies, and liberal education.  In that meaning, liberal means “all encompassing”.  So a liberal arts colleges include many academic subjects, and fewer “professional” programs.  My alma mater, Denison University, offers degrees in sciences, fine arts, and in “the academic arts” like languages, history, politics, and economics.  Denison offers few “professional” programs like Nursing or Engineering, though it was possible to get a teaching certification while earning another liberal arts degree.

A liberal democracy encompasses all of the racial, gender and ethnic groups in that country, guaranteeing freedoms.  All get the right to choose the government representatives by voting.  When a nation becomes “illiberal”, it begins to restrict those rights, and trend towards more authoritarian leaders who use government to control information and political dissent.

With all of this “encompassing”, it shouldn’t be surprised that a political liberal believes that the government itself can make life better for people.  Government can “encompass” people’s lives and make life easier.   That’s as opposed to conservatives who believe the government interferes in most people’s lives, and should be as limited as possible.

And when “liberal” is used as a pejorative, it’s the idea that liberals are weak; weak on crime, weak on foreign policy, weak on capitalism.  That’s not at all true – but after the 1960’s the term stuck so badly, that many liberals “recategorized” themselves as Progressives.  That’s really the same thing as liberal, but without the baggage.  Me – I’m just an old-fashioned 1960’s liberal – you can keep Progressive to yourself.

Woke

Since liberal is an old fashioned term, and progressive isn’t as descriptive, the new-speak term is “woke”.  It came from “waking up” to the reality of racial, gender, and ethnic injustice.  “Woke” folk get it – that the majority white men have had an unfair advantage ever since the Nation was founded.  Case in point:  originally only white, males, over twenty-one, who owned property, had the right to vote.  

This really didn’t change much until the 1960’s, when the civil rights movement raised the visibility of black oppression.  The women’s rights movement occurred soon after, and while the Equal Rights Amendment failed ratification, the idea of equal gender rights persisted (though women still  today earn only 80% of what men earn for the same jobs in many categories).  Rights for the disabled, for the LGBTQ, all progressed through the latter half of the twentieth century, and into the twenty-first. 

The use of the term woke as a pejorative came about  just recently as a backlash against the increasing rights of all those groups.  To put a negative spin on that – think of it as payback from those formerly advantaged white men who are losing the “benefits” of their race and gender, and don’t like it.  To insult someone by calling them “woke” is to demand that white/male advantages continue.   All of that makes me a sixties liberal, who’s proud to be “woke”.

Participation Award

One of the great insults thrown at “woke” and “liberal” people, is that they are weakening America by stunting competition. Competition is the economic basis of American life, capitalism.  Of course, in a competition where one group has a built-in advantage, that’s hardly fair.  Look at the monopolies that dominate America energy, or advanced technology.  But since the advantaged group doesn’t recognize their unfair edge, they go ahead and claim that America “no longer competes to be the best”, but instead everyone “gets a participation award”.  

That goes back to little kids sports, where the actual goal is participation.  That’s the most important thing, instead of winning, because of the built-in physical differences between kids.  The “winners” are often the older, or the physically more mature, and won’t maintain their advantage as everyone else “catches up”.  In order to keep the younger and less physically mature involved, the reward for them is being “part of the team”. Who knows what kind of athlete they might be with a couple of years of maturity.

But that’s “woke” (in a bad way) according to many.  They believe America’s children need to learn early that “life isn’t fair” and winning is the most important thing.  Anti-award folks quote that least “woke” American General of all time – George S. Patton:

“Americans play to win at all times. I wouldn’t give a hoot and hell for a man who lost and laughed. That’s why Americans have never lost nor ever lose a war.”

Then they apply it to seven-year old baseball.  War is hell, and so is losing that seven year old T-Ball game.

(To Be Continued…)

Essays on Language

• Control the Language – Part Two
• Control the Language – Part One
• I am Pro Life
• Off My Chest
• Message to a Friend

This Just In

I only had a flash of the news – but what a relief it was.  The Florida State Legislature has come to its senses.  The state, home to the infamous Pulse Nightclub attack in 2016 and the Parkland High School shooting in 2018, finally is passing some restrictive weapon legislation. The Legislature overcame their concern for the Bill of Rights, and are taking action.

Anyone using a weapon (except professionals) must register that weapon with State authorities.  Having possession without registration can result in fines, levied daily.  Nothing about the proposed law would violate the Bill of Rights about owning the weapon, just how it is used.

I just want to say, personally, how pleased I am to see the “Free State of Florida”  begin to come to grips with their obsession with guns and the Second Amendment.  Finally the work of the Parkland shooting “Kids” (now in their mid-twenties) has paid off.  Children, minorities, LGBTQ folks and all citizens in Florida will be safer for the action.  Hopefully other states, already mimicking the dreadful DeSantis “Don’t Say Gay” law, will follow this Florida advance as well.

Whoops

Wait – they aren’t talking about the Second Amendment.  It’s the FIRST Amendment, the one that says, “Congress shall make no law…abridging the freedom of speech or of the press…”.   And the weapon is…a blog?  A blog like the one you’re reading right now, so dangerous, that the “Free State” deems it necessary to register and regulate them.  But ONLY if the “weapon”, the blog, is “pointed” at Florida’s Governor Ron DeSantis, the Florida Attorney General, or other members of the Florida executive cabinet or legislature?  

Are you kidding?  The thin skinned, overweight, white overlords of the “Free State” are so afraid of criticism, that they are seeking protection from – blogs? (Don’t believe me – here’s the link to the SR 1316 text – check-out lines 138 thru 253).

Sticks and Stones

The “gentlemen” of the Florida State Legislature, so enamored with the Second Amendment “…right to bear arms shall not be infringed” (ignoring the whole “well-regulated militia” part) are willing to directly regulate freedom of speech and the press.  It’s because bloggers said nasty things about the Florida leadership, like DeSantis, even insulting them by calling them overweight and thin-skinned.  Of course, that’s way beyond what elected government officials should have to put up with.  Constitutional protections be damned, in the “free state” those “leaders” need protection.  “Sticks and stones may break my bones, but words…” obviously require regulation.  Especially when they are words from “private” individuals.  Professionals in the media are exempt from the proposed law.

I fashion myself as an “essayist”, even if Florida Senate Bill 1316 would define me as a blogger.  As my essays appear on a website, “Our America”, it fits the definition of a “blog” needing regulation.  Especially this particular “blog”.  All I need now is to earn some money doing it.  Right now “Our America” is free to read, without advertising.  It’s just a place where I can express my views, tell stories, and try to continue my life-long career of “education”.

Blogger Police

Because, if Senate Bill 1316 were to become law, I desperately would like the “Free State” to reach out to Ohio and sue me for violating their terms. I wonder if they’d send Florida State Troopers to whisk me away to Tallahassee in the middle of the night.  I know they have a private airline already under contract (to move migrants to big Northern cities).  I’m pretty sure that any Federal Court, even Donald Trump’s handpicked judge in Fort Pierce, wouldn’t let this stand. 

Or maybe Governor DeSantis will create a “blogger police” like he created the “election police”.  They can wear bullet proof vests with FBP emblazoned on the back (Florida Blogger Police). I don’t know if Kevlar will stop words… Instead of carrying guns, they could have really big Number 2 Pencils with giant erasers on the top.

I guess I need to put a “donate” button on the bottom of this essay.  That way I can be “compensated” and meet the full definition of the bill.   And it’s even scarier, because it’s all true.

No Sunday story this week, just a look at recent history and the politics of the present and future.

2008

Maybe it was that the honored war hero, John McCain, lost the election.  Or maybe, after the successful elections of 2000 and 2004 when Republicans used every trick to win, they finally failed (Every trick includes the “Brooks Brothers Riot” at the Miami-Dade Board of Elections to “Swift Boating” John Kerry).  Or, of course, it might be that Barack Obama was elected President of the United States, the first man of color to reach that highest office.

The Democratic celebration was immense.  There was dancing in the streets.  A new age dawned, an age that most political pundits (myself included) projected for some time in the late 2020’s.  But it was 2008 and the future was here, now.  A Black man was now President of the United States. The ecstasy of one side was mirrored by the full disbelieve of the other.

I don’t blame what happened next totally on racism.  But clearly a massive grassroots movement grew to counter the Democratic victory, a force that even a divisive Hillary Clinton didn’t generate.  In spite of the graceful concession speech by McCain, a whole new wave started.  They called it the “Tea Party”.  

Union or Division 

The split between “mainstream” Republicanism, the party of Bush, Cheney, McCain and McConnell; and the raw anti-federalist populism of the Tea Party was evident in the 2008 Republican Convention.  McCain, sensing the strong force of Obama’s popularity, flirted with a “National Union” ticket.  His travelling companion and friend, conservative Senator Joe Lieberman, former Democrat from Connecticut, was McCain’s first choice for the Republican Vice Presidential nomination.  It would have been a “game changer”, the kind of shock to the political system that might stop a force like Obama.

Lieberman was the Democratic candidate for Vice President just eight years before, running with Gore in that ill-fated race.  But he grew disenchanted with Democrats, who voted against him in the 2006 primary.  Lieberman retained his Senate seat by running as an “independent”, and still caucused with the Senate Democrats.  But that primary defeat irrevocably split him from the Party.  He would gladly join McCain in a center-conservative match against the more Progressive Obama and Biden.

Palin

McCain’s advisors, folks now familiar on cable-television like Steve Schmidt and Nicolle Wallace, thought the base Republicans would never accept a former Democrat (or an orthodox Jew).  They looked for a bright, young star to contrast with McCain’s “maturity”.  McCain’s handlers convinced him to choose the recently elected Governor of Alaska, Sarah Palin.  They saw her as an energetic and fiery populist to contrast with their seasoned Presidential candidate.  And they were sure that a Lieberman candidacy would split the Party, and cause a delegate walkout on the convention floor.

So McCain chose Palin, and the “die was cast”.  She turned out to be horribly unprepared as a candidate for national office, who couldn’t even remember a newspaper she frequently read.  Palin didn’t read newspapers.  She was lambasted by the media, and by comedians.  Palin, and the Great Recession under Bush’s watch, were the final jokes that ended McCain’s candidacy.  

Recession and Resentment

So maybe part of the energy in the “Tea Party” movement was resentment.  The national media made Palin into a punchline, but many conservative voters saw her as a fair balance to the more mercurial McCain.  

President Obama was also elected in the middle of the Great Recession, the financial meltdown of 2008. While the meltdown itself occurred in the Bush Administration, it was up to Obama to pick up the pieces.  Deals were made to sustain the economy, helping big corporations and banks and Wall Street investment firms.  The alternative was a full-blown depression, but many Americans thought, correctly, that they were unfairly bearing the burden of Wall Street’s greed.  A lot of Tea Party energy came from that.  

The Tea Party was anti-tax, anti-government, and illiberal.  They fashioned themselves from the Sons of Liberty, the ones who dumped British tea in Boston Harbor.  The Tea Party even appropriated the famous Gadsden Flag, the poisonous snake representing the people demanding “Don’t Tread On Me” – or else.  They weren’t a “movement” within the Republican Party, but they did tend to be former or present Republicans.  And the Republican leadership saw them as the “ticket” to return to power.  As the famous quote from the 1848 French Revolution went:  “There go my people.  I must follow them for I am their leader.”  Republicans raced to get “in front” of the Tea Party. 

Leader to Follow 

The Republican Party managed to merge the energy of the Tea Party with the advanced technology of the “Red Map” program.  “Red Mapping” used modern computer technology to intricately divide political districts in order to maximize Republican representation.  It was all about gerrymandering state legislative districts so that Republicans could gain the power to “map” after the 2010 census.   And it worked:  state after state maximized Republican districts and minimized Democratic ones.  While a state might be just a percentage or two majority Republican, the legislature would have super-majorities of Republican representatives.

The formula was:  say the right things to secure the “Tea Party” base, then alter the machinery of government to maintain power.   And while the “Tea Party” is now subsumed into the current “MAGA” Republican Party, the lessons of 2009 and 2010 are not forgotten.

MAGA Ideology

Steve Bannon, one of the principal theorists of “MAGA” thought, tried to use the Trump Administration to dismantle the Federal government.   That didn’t work out, so he altered strategy.  His current move is to try to takeover government from the “bottom”.  He encourages heavily financed conservative political action groups to put their money into local government campaigns.  School Boards, city elections, and other local campaigns all of a sudden have cash pouring in.  Races that used to be a couple of thousand bucks in yard signs and literature, now costs tens and hundreds of thousands of dollars for commercial media time.  

Local school boards become high-finance campaigns.  And the winners of many are the descendants of the Tea Partiers.  Now they defend the “old values” of the United States.  They are waging a new campaign, one to reverse the trends that allowed a nation to elect a Black President (and now Vice President).  They want their own traditional Christian values to be “the law”.  How dare parents think they have the “right” to determine what’s best for their children; now multiple states are determining child medical and educational choices.  They “know better” than women about their own medical choices.   And what gives schools the “right” to teach about discrimination and inequities that still exist today?  They outlaw “Critical Race Theory”, and use that purposely misused term to cover any act that might go against their religious or personal “morals”.  

Should Majority Rule

Steve Bannon is getting what he wanted.  America is becoming a puritan state, dominated by a single race and religion, and it’s happening from the bottom up.  The Tea Party taught Republicans the lesson:  raise a “power fist” for the Insurrectionists, and then play to the base fears of everyday citizens.  Use that fear to generate excitement and votes – then make sure the vote is fixed so that the minority can maintain control.  

That control happens every day.  It counters our changing society, with the “last gasp” of the white majority statistically slipping away.  But it’s really not about race, or gender, or the “right to life”.  The goal is to keep political control and power.  The “issues” are just tools to maintain fear.

From a progressive perspective it might seem hopeless – but keep in mind that inexorable demographic changes are coming.  America will be a “majority of minorities” nation within fifteen years.  No amount of Red Mapping or electoral control can change that: as long as we remain a democracy.

That is the question – will the majority rule?

Lost Wind

I can’t lie:  watching the news yesterday was depressing.  There was a laundry list of “bad news” items that just took, as my mother would say, “the wind out of my sail”.  We start with the US Supreme Court, headed to prevent the US Government from forgiving some level of student debt.  Justice Gorsuch put his view simply, saying it “wouldn’t be fair” to those others who didn’t benefit or paid their debt off.  

This new concept of Supreme Court fairness is troubling.  The conservative Justices take the stand that everything:  race, economic opportunity, education, voting; is somehow now “equal”.  And since the Thomas-Barrett-Alito-Gorsuch coalition have set this arbitrary line, ignoring centuries of American history, they feel confident that “from here on out” everything should be “fair”.  It’s the same logic that allowed Chief Justice Roberts to eviscerate the 1965 Voting Rights Act.  Roberts seemed to think that everything, particularly racial equity, is all good and equal now.  That’s “BS”, but I suppose it’s easy for Roberts to say.  After all, all his friends are “equal”.

Legal Issues

There are two legal issues on student loan forgiveness.  The first: does the President have the legislative authority, under the Covid emergency provisions, to act.  The obvious precedent is that he does.  No one fought either Biden or Trump on the PPP provisions, were businesses got trillions in “forgiven” loans to survive the pandemic.  Few argued that it wasn’t “fair” to those businesses that failed.  Everyone just “bellied up to the bar” and took their share of cash.  But now that money might be shared with the least influential, including a high percentage of minorities, who tried to advance their education – well we can’t have that!!

The second is the legal standing of the states to bring this case in the first place.  In Courts, litigants are supposed to have a real stake in the outcome of the proceedings.  But the states that are suing really have nothing to gain or lose.  They aren’t profiting or paying;  it really doesn’t have anything to do with them.  Reasonably, the Supreme Court should have “denied certiorari”, and refused to hear this in the first place.  But the “conservative coalition” is vested in taking charge of America.  So here we are.

Who Cares

The second depressing news item is from Texas.  The Texas Radical-Republican legislature and Governor wrote abortion laws so punitive, that women facing miscarriages are unable to get prompt care.  The doctors who would care for them face first degree felony charges if “it is deemed” they performed an abortion, and are now forcing women to risk their lives to “prove” they’re not seeking one.  Oh, and the provision that allows for abortions in cases of rape?  The “proof” is so onerous, that women can’t show it before the state mandated deadline.  And now Texas is out to ban medical abortions (drug induced) as well.  You can’t blame the doctors or the women; just the politicians.

Ginning Up

The third item is from Tennessee, but also includes Texas, Arkansas, Oklahoma and Utah, and already has support in Ohio’s legislature as well.  These ban adolescents suffering from gender dysphoria from receiving gender-affirming care.  It not only prohibits surgical intervention (which seldom occurs before eighteen anyway) but medical intervention as well.  In plain language:  a transgendered child will be required to live in a body that is betraying them until they are an adult.  The amount of emotional trauma and potential suicides these legislators will cause is horrific.  But it’s spreading across the nation.  And it’s all to “gin up” the radical voters in the gerrymandered Republican states.  

It’s not about morals, or protecting the “unborn” or children, or even being fair to “Joe the Plumber” who didn’t go to college.  This is all about getting votes and power.  The radicals are willing to do whatever it takes to exercise their new-found power in the Supreme Court, or in the state legislatures.  There’s not even a veil of decency, or concern.  It doesn’t matter who gets hurt. 

And we thought that was all over after January 6^th, 2021.