The Precedent

Just nineteen years ago, Ohio’s Secretary of State Ken Blackwell pressed a state constitutional amendment onto the ballot. The Amendment guaranteed that marriage in the state would only be between a man and a woman.  it wasn’t even a big debate in the state before Blackwell’s amendment.  But there it was, a key issue on the November 2004 ballot.

Why put an extraneous amendment on the ballot?  His purpose was to increase the Republican voter turnout.  The goal:  to defeat Democrat John Kerry for the Presidency and secure the state for incumbent George W Bush.  Folks might not come out to vote for Bush, but they’d show up to keep gays from marrying.   And it worked – Bush won by 119,000 votes, 51% to Kerry’s 49%.  (Flip Ohio’s twenty electoral votes to Kerry, and he wins the Presidency).  Ohio’s Constitution now banned same-sex marriage.  And that stood as law until 2015 when a Cincinnatian, James Obergefell, won the right for same sex marriage nationwide in the US Supreme Court (Obergefell v Hodges). 

Standing on Children

Today there is a national discussion about transgendered kids in sports.  But let’s start with reality. 300,000 kids under eighteen identify as transgendered nationally (Williams).  That’s out of almost 21.5 million kids, 1.4%.  In Ohio, 350,000 kids participate in high school sports.  Last year, six, just six, transgendered kids participated in girls’ sports.  That’s .002%.    And over the last eight years, there was a total of nineteen (10 middle school, 9 high school) participating in girls’ sports.  (By the way, no one seems concerned about transgendered kids participating in boys sports).  

So we have a huge national conversation about an extremely small number of kids, struggling with gender identity:  Why?

The Ken Blackwell strategy that worked so well in 2004 set the precedent.  In order to turnout the radical right’s voters, politicians have to keep generating “energy” in the electorate.  They create issues built on the struggle of a very few to “gin-up” their base.  It’s a “straw man” issue, a set-up, to drive their voters to the polls.  It’s happening in “Red” states like Ohio, but petitions to put anti-trans amendments on the ballot are circulating in California as well.

As part of their argument, they want to restrict how doctors medically treat children.  They want to “protect” children from medical treatments that delay puberty.  The Republican-Right, the party of “parent choice” in so many other areas, are dead set against parents choosing what’s right for their trans-child.  Many states are restricting the use of drugs to support the child’s gender decisions, regardless of what parents want.

Using Tragedy

Republicans are doing the same with the abortion issue.  In the Milwaukee Republican debates last week, we heard it from candidate after candidate. Democrats are “…in favor of abortion up to birth”.  That’s simply not true. Here’s the facts.

• 91% of abortions occur at or before 13 weeks of gestation
• 7.7% of abortions occur between 14 and 20 weeks of gestation
• 1.0% of abortions occur after 21 weeks of gestation 
• .02% of abortions occur after 26 weeks of gestation (320 to 600 cases a year) (KFF).

Under the now overruled Roe v Wade decision, states retained the right to regulate abortion after “fetal viability”, between 22 and 25 weeks of gestation.  The statistics show that there are very few abortions after that time.  Anecdotal evidence demonstrates, that those truly later abortions are tragic and devastating to the parents.  They have prepared for a child, and find out that the fetus has a fatal defect, or that the mother will lose their life if they carry to term.  There’s little “choice” in the decision, just sadness.

Just for Votes

But like the six transgendered kids in Ohio high school sports, the Republican agenda is using those few abortion cases to press for a total abortion ban.  They are taking advantage of the tragedy of late abortions, or the emotional turmoil of a transgendered child, to gain political “points”.  

There’s an early 1970’s song by Joe South, sung famously by Elvis – “Walk a Mile in My Shoes”.  The Republican-Right is taking folks in the toughest situations, and instead of walking in their shoes, their stepping on their backs.  It’s all just for votes.

Video Game

He moved with video game precision, taking each step as if ready to hit “Back-A-Press” on a controller.  There was no rush, no frenzy.  Just cold, calculated steps: identify the target, aim and fire.  Against undefended victims, he still wore tactical gear; black, khaki and boots, with a mask and bullet resistant vest to complete his “ensemble” of death.  He wanted it documented, so he made a Tik-Tok video of his preparation.  And he planned his statements, a last minute message to his father to look on the computer, hidden in his locked room. The father found his crazed twenty page “manifesto” and called the police. But while he lived at home, he was no child.  At twenty-one he had a fully formed radical ideology.  The swastikas were drawn on the gun stock of his AR-15.  

We know his name, but that’s unimportant.  The three names to be remembered are: Angela Michelle Carr, “AJ” Laguerre, and Jerrald Gallion, the “targets” whose only mistake was going to the Jacksonville Dollar General store in New Town on Saturday.   And, of course, of being Black, when another young, white male decided to carry out a murderous dream.  The gunman went to a “target rich” environment, New Town, a Black neighborhood in Jacksonville.  He started at Edward Waters University, an historically black college (HBCU).  As the shooter put his tactical gear on in his car, a student reported him to security, and they got him off campus.  The police were right behind, but it took only seconds to end three innocent lives at the Store.  The shooter then killed himself. 

Digital Pack

There’s a whole discussion about the access America has to semi-automatic rifles.  But that’s not the issue today.  The shooter got his weapons legally, at well-known gun shops in Jacksonville.  The question today is our new reality: the great threat of our time.  It isn’t the “mob”, it’s the lone, lonely, isolated, gunman:  the lone wolf. 

No one’s really “alone” anymore.  Those “wolves” have a “pack”.  There’s always a screen nearby.  Anyone has access to the most extreme theories, often specifically designed to appeal to the isolated, the lonely, and the weak of mind.  Young white men don’t have to be failures, even without relationships or successes or goals and dreams.  They can become “instant” heroes of their fellow extremists.  And they can learn how to do it on the computer.  Ask the young Navy tech specialist in Massachusetts who stole classified information to “show off” to his online friends.

Suicide Bombers

It’s similar to the process that produces terrorists in bomb vests in the Middle East.  Those “volunteers” believe they are furthering the legitimate claims of their people, even if they actions are heinous attacks against non-combatants.  And they often have direct connections to suffering; the loss of a brother or father or friend at the hands of their enemies.  They become convinced that their suicidal sacrifice is part of the process of correcting history.  They seek martyrdom as their way of advancing the cause.

From Charleston to El Paso  to Buffalo to now Jacksonville; young radicalized white men have taken their toll. It’s the full recipe of current American life:  the polarization of much of our political thought, the access to every kind of extremism at the click of a button, the sense of white “victimhood” that drives much of our current politics.  It is an atmosphere that encourages those who are already on the margins to take the next step, and get their “fifteen minutes of fame”.  

America’s Extremism

Sure, gun control would help.  But today’s society already accepts extremes of action that were unthinkable twenty years ago.  If someone thinks differently than you do, then they are an “enemy”, and any action is “OK”.  You can’t even put a political sign in your yard without thinking:  “Will that make me a target?”  “Will someone physically attack my home, my loved ones, me?”

Take that to the extreme and you get these young white men, shooting up schools or parades, or the New Town Dollar Store.  They don’t fit the classic definition of “mental illness”, but they are a threat to the “domestic tranquility” guaranteed by the US Constitution.  And like the suicide bombers in the Middle East, we don’t have a plan or process to stop them.

They are “lone wolves”, and no one knows until it’s too late.

This is another in the “Sunday Story” series.  No politics today, just some thoughts on the “cold hard facts” of medical terminology.

Dad

It just made me angry.  I knew my Dad lost some memories.  In fact, I knew exactly when it happened.  It was the night after his second heart bypass surgery.  Dad was notorious for reacting badly to anesthesia and “intensive” medical care.  Two nights after his first heart bypass surgery, he got up, ripped off all of the wires, and headed out of the hospital room.  When the panicked nurses (he “flat-lined” on the monitors) caught him in the hallway, Dad said he had a meeting in Indianapolis, and he was going to be late. 

That was funny, but the night after the second heart bypass wasn’t so good.  I don’t know if he was headed back to Indianapolis, but Dad decided to get out of bed.  There were all the cardiac wires, and the intravenous tubes, and worse of all, the catheter tube.  Dad got up, tripped, and fell to the floor, where they found him a few minutes later.  We think that’s when the stroke hit.

Dad was always good at covering what he didn’t remember, almost to the end of his near ninety-eight years.  But that night in the hospital, he lost a lot of memories, really from the middle of World War II until the middle 1970’s.  He lost most of his kids growing up, and his own rise in the broadcast industry.

Dementia

That began a series of “little” strokes, each taking a bit more of his past.  Even when it effected his walking (Dad had a “drop foot”), it didn’t change his tennis game.  He might trip on the “line” walking onto the court, but he would still charge the net with the best, and even go back for an overhead.  His autonomic nervous system for tennis was different than the one that took care of walking.

But what really upset me was the term for his diagnosis:  “dementia”.  To me, as a well-educated layman, I knew the root of the word, “demented”.  It was another word for crazy, a 19^th century term for people who were locked in the attic or put into insane asylums.  My Dad was suffering from the after-effects of strokes, he wasn’t crazy.

The medical folks explained, over and over, that “dementia” wasn’t “demented”.  But my sense of “clear meaning” really struggled with that, and still does.  We don’t call people “crippled” anymore, and we don’t use terms like “idiot” as part of a medical diagnosis.  Dementia ought to take the same path to oblivion.  Come up with a better term, Damn-it.

Morbidly Obese

And I know it’s different, but last week a “substitute” veterinarian looked at our dog Buddy, and called him “morbidly obese”.  She didn’t know his past.  Buddy is a cancer survivor, a “poster-pup” for a new treatment for dog lymphoma.  He should have died before 2017, but he’s been all-clear of cancer for six years.  And, like many in our family (can dogs get our family hereditary disease?) Buddy’s thyroid doesn’t function well.  He takes thyroid pills every day.  Add those factors, and slowing down with old age, and Buddy is probably fifteen pounds overweight (so’s his Dad).   Sure he’s heavy, but come up with a better way to say it.  “Morbidly obese”: the plain meaning is dying from fat.  

So Buddy is now on a low calorie diet.  He still gets two cups of “dry food” a day, and even gets some “wet food” to mix in with it.  But it’s all prescription, low calorie filler, and Buddy knows it.  It doesn’t help that there are three other dogs in the house on his old diet:  Pedigree beef and bacon dry and wet.  And then there’s another “special” dog, our Lab Atticus, who is allergic to almost everything.  He gets salmon and sweet potato.

Buddy dutifully ate his new mix for the first couple of days.  But yesterday, he took one look at it, then looked at me, then walked away.  After a lot of discussion (with Buddy) we finally mixed a little of the wet beef and bacon in.  He ate.  That’s what he got this morning too.

Crying Wolf

CeCe, our smallest dog, didn’t eat her breakfast this morning. That’s not unusual, she’s often a one-meal-a-day girl.  But this morning I saw Buddy standing over her dish, licking his lips, looking longingly at me for permission to chow down.  He’s a well-mannered boy; he wouldn’t take another dog’s food without permission.  But when I didn’t say it was OK, he was very, very, disappointed.   He stomped off to his “safe place” – the bathtub.

I think the vet, and the human physicians as well, over-play their hand.  I can plug my height and weight into a “chart” on the internet, and come close to “morbidly obese” myself.  I’m a history teacher.  William Howard Taft, stuck in the bathtub of the White House; he might have been “morbidly obese”.  But if I’m “dying from fat”, then there are a whole lot of people going ahead of me.  So maybe we ought to come up with a different term for that, one that isn’t “crying wolf” (a dog reference, like it?).   And while we’re looking for another term for overweight, let’s find one for losing memory as well.  

One that doesn’t mean crazy.

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
• Busy Season – 5/15/23
• Of Jeeps and Bucks – 5/28/23
• A Pole Vault Story  -6/11/23
• End of an Era – 6/25/23
• Paybacks – 7/2/23
• Graying in Pataskala – 7/17/23
• Being a Goat – 7/23/23
• Toy Truck – 8/20/23
• Medical Terms – 8/27/23

So I watched the Republican debate last night.  I struggled – it’s hard to listen when you don’t agree with much (any?) of what’s being said.  I started to fall into  “fact-checker” mode.  But then I remembered my goal:  not to determine “right or wrong”, but to act as scorekeeper.  So here’s my “score” for the first debate of the 2024 Presidential election.

Winners

The big winner is — Nikki Haley.  She came across as the “adult” in the room, the most seasoned, the more reasoned, and the only candidate willing to say “this is what we can do”, rather than just “this is what I want to do”.  It didn’t hurt that she was the only woman on the stage.  And, to use a boxing analogy, she punched well in the “clinches”, not giving an inch to Vivek Ramaswamy in arguing the importance of US involvement with Ukraine.

The surprising runner-up is – Mike Pence.  I always feel like Mike Pence is the “Hollywood” version of a Vice President, the slow, soft voice resonant with emotion and his deep faith in Christianity scripted and polished.  But, after professing his “Born Again” status and his fealty to the Constitution and the “Trump/Pence” accomplishments, Pence finally got in the “fight” in the second half.  It didn’t hurt that Chris Christie gave him a literal endorsement, praising Pence’s actions on January 6^th.  Pence should have said “Thank You”.

Losers

The big loser is – Tim Scott.  He never got in the debate, never got beyond his “canned” answers, memorized for his stump speech.  I kept waiting for Scott to reach out and grab the audience, instead he never took the chance.  To switch from boxing to car racing, Scott seemed stuck in neutral, no racing to the front, no trying to make the pass.  He started in fourth or fifth, and ended in sixth or seventh.

So what about the man with the most to say, Vivek Ramaswamy?  He was definitely the target of the rest of the field.  They must have all read the DeSantis PAC strategy paper (though DeSantis himself never threw a punch).  Ramaswamy talked a lot, and the Fox moderators gave him far more time than he earned.  In the first half of the debate Vivek was scoring points.  But when the second half started, Ramaswamy was the only one on stage demanding a pardon for Trump, and his foreign policy views were far outside the box.  

Like Bernie Sanders in the Democratic debates of old, Ramaswamy proved to be an able debater, and an ideologue far beyond even “mainstream MAGA” (is that even possible?).  I’m sure his supporters were thoroughly pleased with his performance.  I’m also sure that, to those first introduced to him in those two hours, he left most behind.  Hard to call him a loser; as the song goes “…when you’ve got nothing you’ve got nothing to lose”.  Ramaswamy definitely got his thirty minutes of fame, but I don’t see progress from there.

No Shows

North Dakota Governor Doug Burgum overcame his basketball injury to make it to the podium.  His best line was his first:  “everybody told me to ‘break a leg’ at the debate”.  After that, either the painkillers kicked in, or Burgum realized he wasn’t in Fargo anymore.  He hardly got a word in edgewise.  He looked like what he was, a rookie in the big leagues, missing all of the pitches.  

Asa Hutchinson, on the other end, embraced his “outsider” status.  Hutchinson is no rookie, and he’s seemed to enjoy his role as the “bearer of bad news” to the Republican Party.  He took the jeers and boos when he talked about not supporting Trump, and he trumpeted his “successes” in education in Arkansas.  Just one fact-check, Forbes ranks Arkansas at 42^nd in state public education.  

Chris Christie struck me like those old guys in the balcony on Sesame Street.  He didn’t really seem much involved in the debate, in fact, he looked bored for the first hour or so.  Christie dropped his “pre-canned” line on Vivek – “sounds like Chat-GPT” – that must have sounded better in practice than it did on the stage. He finally got involved at the beginning of the second half when Trump was the subject.  And while Christie tried to hold the rest of the field “to the fire” on law and order, it didn’t go very far.  The debate audience in the room definitely saw him as the enemy, and Christie didn’t reach much beyond the room.

Center Stage

So did I forget anyone?  Oh yeah, Florida Governor Ron DeSantis was there.  It’s clear that DeSantis took the “do no harm” strategy to heart.  He never got past his canned talking points, and he didn’t really engage with any of the other candidates.  And DeSantis is firmly squirming “on the fence” when it comes to Trump.  When asked about pardoning Trump, DeSantis immediately moved to January 20^th 2024 rather than discuss January 6^th 2021.  DeSantis went into the debate in second behind Trump, I’m sure he’ll stay there. 

When you think about it, DeSantis is really taking the Biden strategy from 2020 to heart.  Biden got himself through the debates without taking a solid hit, and DeSantis did the same this time.  I guess it worked out for Biden.  But the “elephant” wasn’t in the room last night, and if and when Trump shows up, DeSantis’s lack of energy will become apparent – Trump, even fresh out of handcuffs, will be the four-hundred watt bulb in the room. DeSantis doesn’t seem to go above forty.

Long Time Coming

It’s 440 days until the Presidential election of 2024.  That’s fourteen and two-thirds months, sixty-three weeks, 10,560 hours.  Even the first primary caucus in Iowa is  January 15^th, 2024, still five months away.  So forgive us Americans if we aren’t enamored and mesmerized with “campaign” stuff yet.  We haven’t even finished the 2023 baseball season, Joe Burrow hasn’t thrown a Bengals pass, and the Buckeyes don’t even know who their quarterback will be in 2023 – much less 2024.

The first Republican debate is tonight.  I’ll probably “bite the bullet” and watch, especially since the leading candidate, the four-time indicted, twice impeached former President, won’t be there.  That will give some “oxygen” to the rest of the field.  And, from a purely “watch NASCAR for the car wrecks” standpoint, Chris Christie versus Ron DeSantis ( DU-Santis or DEE-Santis, however he says it this week) should be fun.

The Pledge

Already there’s a “mini” controversy.  Asa Hutchinson, former Governor of Arkansas, signed “the pledge”.  The pledge is required by the Republican National Committee, and it “guarantees” that the signer will support the ultimate nominee of the Republican Party, no matter who it is.  Hutchinson, (and Christie, and Pence for that matter) all say that Donald Trump is not fit to be President again.  Yet they all signed “the pledge”.  Hutchinson was skewered on MSNBC’s  Deadline: White House, when former Republican Congressman David Jolly tried to clarify his views.  After a few minutes of fumbling, the Governor finally stood on the proposition that Trump will never be the nominee, so it was okay to sign on.

Do anything to get on the stage.  A signature with fingers firmly crossed to “roll the dice” and hope something in the debate will make their campaigns catch on fire.  And all of them are searching for combustion, especially the “leader” on this stage, Ron DeSantis.

Self-Immolation

For DeSantis, it’s been a campaign spent stuck in the mud.  His basic premise is that he is the heir to Donald Trump’s MAGA following, a Trump man without the Trump baggage (read indictments).  But the MAGA crowd isn’t as stupid as he thinks.  Why should they take a replica, when they can have the “real thing” with Trump himself.  No matter how far to the extreme right DeSantis pushes Florida, he can’t “out-Trump” the man at Mara Lago.  

And then there’s the errors:  the fight with Disney, the Russian invasion of Ukraine as a “territorial dispute”, even the pronunciation of his own name.  And perhaps the “fatalist” error of all:  when Ron DeSantis gets in front of a crowd, no one likes him.  Iowa and New Hampshire, the opening salvos of the Republican campaigns, are “retail politics”.  It’s about shaking hands, eating corn dogs at the fair, taking selfies, and making people feel that he cares, one on one.  And the sad news for DeSantis; he’s the awkward guy who really doesn’t want to be there.  And the retail “purchasers”, the voters, can tell.

On Fire?

So who should we look to “catch fire” tonight?  Don’t bet on Pence.  He’s stuck with the ultimate curse:  the man running on his loyal service to Trump, who ultimately betrayed him.  To the MAGA crowd Pence is Benedict Arnold or Judas.  There’s no getting past that fact, and there’s not much else to offer.  

And don’t bet on Chris Christie either.  While he may be the “standard bearer” for the GOP of old, he has a fatal flaw.  He was ultimately “taken down” as Governor by moving parking cones on the George Washington Memorial Bridge as political payback.  At least Trump was shooting for something big, like overthrowing the Constitution.  Christie may be the biggest man in the room , but he comes out small, and no one, particularly in the MAGA dominated party, wants small.

Then there’s the “no-names”; entrepreneur Vivek Ramaswamy and North Dakota Governor  Doug Burgham.  Ramaswamy comes across as the “young, energetic” candidate.  He can even rap the entire Eminem’s “Lose Yourself” on stage with accompaniment.  Too bad he wants to raise the voting age to twenty-five.  And Burgham, the dramatic looking blue-eyed software magnate, has two flaws.  First, he’s from North Dakota, with a voter base of about half a million.  And second, he speaks with the “royal we”.  “We” did this in North Dakota, and “We” will bring it to the White House.  Is there a mouse in his pocket?  

Leaders

The natural leader should be Nikki Haley, former Ambassador to the United Nations and Governor of South Carolina.  She made her political “bones” by having the courage to take the Confederate Battle Flag down from the South Carolina Capitol, after the Emanuel African American Methodist Church mass shooting in Charleston.  And she gained foreign policy “chops” at the United Nations.  But she hasn’t made a dent on the campaign trail, hamstrung with wanting to criticize Trump, but unwilling to pay the price.  She doesn’t seem very courageous now.

Which leaves South Carolina’s Senator Tim Scott.  Scott campaigns as a “Happy Warrior”. He lifts the crowd with his oratory, and looks to the future rather than the Trumpian past.  If that attitude comes through on the debate stage, his star should rise.  There is one problem:  is the MAGA Republican Party ready for a Black candidate for President?

So if you’re a political junky (like me), or watches NASCAR for the crashes, the Republican debate might be for you.  It should be two hours of  candidate “revelation”, hopefully not completely about the elephant NOT in the room.  It starts at 9pm eastern, broadcast on Fox News.   

Ok – it’s a flashback to my college days and Monty Python – because “No One Expects the Spanish Inquisition!!”

Secretary of State

Frank LaRose is the Secretary of State of Ohio.  His main job is to oversee Ohio’s elections.  LaRose, an Akron Republican, took office in 2019, and tried to walk a fine line in the 2020 elections.  He believed in the security of Ohio’s electoral process, and wanted to make sure people could vote in the Covid pandemic.  Ohio’s primary was set to take place in the middle of March, but was postponed just a day after the Nation closed down for Covid.  Ultimately, the state legislature moved the primary vote to vote-by-mail in late April.

As the Trump machine led nationwide cries of “election fraud”, Rose remained steadfast in his leadership of Ohio’s voting.  And while he did follow the perfunctionary Republican voting restrictions: purging voting lists and limiting poll locations; he managed to keep Ohio’s elections free of question. But that’s a tough position for a Republican these days.  Getting Trump followers support often includes adherence to the “principle” of election fraud.  LaRose not only knew better, but he was willing to say so, at least for Ohio.  That was, until he decided to run for the Senate against Democratic incumbent Sherrod Brown.

Running for Senate

The Republican Senate race is crowded. LaRose, State Senator Matt Dolan (of the family that owns the Cleveland Guardians) and Cleveland car dealer Bernie Moreno are all running well funded campaigns for the position. Ohio’s junior Senator JD Vance already endorsed Moreno, as did defeated Arizona Gubernatorial Candidate Kari Lake and Senator Marco Rubio. But the big endorsement from former President Trump still awaits one of the three.

LaRose tried to vault to the front by leading the recent Issue One campaign, turned down by Ohio voters in August.  Issue One was a political machination, designed to emasculate the Ohio initiative process in expectation of the abortion rights amendment on the ballot in November.   LaRose, who publicly spoke out against August elections before backing Issue One, was quite clear about his intention.  He wants to stop abortion rights at any cost, including changing the Ohio Constitution in an August statewide vote.  It  didn’t work.

His leadership role earned him full blame for the 57% to 43% Issue One loss.  And now he faces and even tougher problem.

The Kasich Issue

In 2016 Ohio Republican Governor John Kasich ran for President.  He stood in stark contrast to the ultimate Republican victor, Donald Trump.  Kasich represented the “old school” Republican Party, conservative, business oriented, with a “trickle down” economic philosophy.  But Kasich committed the ultimate sin.  He refused to withdraw before the convention, and stood as the “last of the old GOP” against Trump.  After the nomination, Kasich continued to refuse Trump, and even failed to attend the Republican convention in Cleveland.  Ultimately Kasich came out for Joe Biden and left the Republican Party.

That split Ohio’s Republicans.  Ever since, the Trump/Republicans have ruthlessly purged any Kasich or Kasich-like members from their ranks.  Other “old school” leaders like current Governor Mike DeWine and Lieutenant Governor John Husted were chastened to keep their place in the party.   And Frank LaRose, the election integrity advocate, was on the wrong side of the “election fraud” issue.

But now LaRose wants the Republican nomination for Senate.  In 2022, JD Vance was faltering in the Republican race for Senate, until Trump endorsed him.  Then he not only won the primary, but went on to beat a strong bid from Democratic Congressman Tim Ryan.  LaRose knows that a Trump endorsement will determine the 2024 nominee, and hopes that his Issue One and Pro-Life leadership will help him earn a Trumpian nod.  And he knows that a 2024 win will require a massive Republican turnout to beat Brown, who is running for his fourth term.

Expect the Inquisition

But now LaRose has another problem.  His press secretary Rob Nichols, was a former Kasich staffer. Nichols was active on social media and he criticized Trump.  And even after Nichols deleted his entire social media presence, the Trump “Inquisition” was able to resurrect his old tweets.  Andrew Surabian, a youthful Steve Bannon disciple, started in the Trump White House in 2017.  Today, Surabian is a spokesman for Donald Trump Jr.  Bannon describes Surabian as a “stone cold killer”, who helped lead the “war room” for the 2016 Trump campaign.

Surabian used the Nichols tweets to attack the entire LaRose candidacy:

“…Frank the Fraud (LaRose) and his entire RINO (Republican in Name Only) team have always been anti-Trump”.

It’s the last thing LaRose needed in his Senate run.  Not only may it cost him Trump’s endorsement, it might encourage Trump to endorse one of his opponents.  The Secretary did the only thing he could – he fired Nichols.  It probably won’t be enough. But it does demonstrate the “system” installed nationwide to keep the Republican Party loyal to Trump. It’s all based on a solid core of MAGA voters who control the Republican primary process.  That core depends on Trump’s words to determine their support.  Cross them, and candidates lose votes, and the nomination.  

Loyalty to Trump, and MAGA, is everything. LaRose is trying to make amends, becoming more “Trumpy” by the day. He must not have anticipated the weapons of the “Trumpian Inquisition”: “…fear, surprise, ruthless efficiency, an almost fanatical devotion to Trump, — and nice red hats”.

This is another in the “Sunday Story” series.  No politics today, just a story of people who help dogs.

Dog Community

The dog “community” is varied.  Most know about the “government” agencies, the county animal shelters.  What many don’t realize is that there are “county shelters”, and there are county “humane societies”, and those two are very different entities.  The “shelters” are the “dog catchers” of old, a branch of law enforcement.  Their primary job is to manage dogs that are a threat to the community, either vicious, road hazards, or some other nuisance.  The Humane Society is privately funded, and deals with animal cruelty and health.  So a lost dog that is injured might fall under their jurisdiction, while a dog that is biting people or other dogs goes to the shelter.  But a lost dog that is just lost; neither may be involved.

It’s confusing.  Now add to that the privately run dog “rescues” that are throughout the state, and groups like the one we work with, Lost Pet Recovery (LPR), and there are a mishmash of folks working to deal with lost, injured, dangerous or stray dogs.  Sometimes they all work together, and sometimes they end up at cross purposes.  The “animal control” agents (old school “dog catchers”) and the Humane Agents are legal authorities, with badges and guns.  When there’s conflict with private groups, they have the authority to arrest humans for obstruction.  

Lost Dogs

So if you lose your dog, you definitely want to call the County Shelter and the Humane Society and let them know.  That way, if someone reports a lose dog or turns it in, they’ll know it’s yours.  But they probably aren’t going to help you find your dog.  

For that you need to do your own work.  There are no “companies” that I know of that you can pay to find your dog.  There are groups, like our Lost Pet Recovery, that will help you, but your participation in the process is fundamental.  Think of LPR as a guide, letting you know what to do, in a process that will hopefully get them in a position to humanely trap your dog. 

And then, scattered throughout the state, there are private, non-profit rescues.  These are the folks who take in strays or dogs that owners can’t keep.  They are usually (not always) out on some country road, far away from neighbors.  When you pull up there’s a cacophony of barking, and at the better ones, there’s indoor kennels and outdoor runs.  Those non-profits need supplies:  food, medicines, equipment.  It’s an expensive proposition. Few are funded by a “sugar daddy or momma”.  Most raise funds through donations.  

On the Farm

When I was three years-old, I watched  “Zorro” on television (in black and white, it was 1959).  I wielded a knitting needle and decided to sword fight with our dog Princess.  She turned and bit me on the arm, a perfectly reasonable thing for her to do.  But Mom and Dad decided she couldn’t stay, and sent her to “live on a farm”.  When I was older, I thought that was a story they told us kids when a dog was euthanized.  And maybe she was.  But there are literal farms, often at the end of a narrow country lane, that take in unwanted and stray dogs.  So maybe Princess really did go to a farm.

There is an organization in Cincinnati called United Pet Fund.  It plays a particular role in the dog (and cat) community.  UPF takes in massive donations of food and equipment from manufacturers.  For example, if a dog food manufacturer prints thousands of dog food bags with a faulty label – they  don’t throw the filled bags away.  Instead, they sell them at a much reduced cost to UPF, who then re-sells them to the non-profit shelters throughout the state.  And it’s not just dog food:  it’s “pee pads”, crates, and other equipment.  And last week, it was dog toys.

Overstock

The toy manufacturer had a huge overstock of toys.  They had to clear out their warehouse, and so they donated the toys to UPF.  Now UPF’s warehouse was filled with toys, and space was at a premium.  The folks at UPF are big supporters of Lost Pet Recovery, our group.  And so we did them a favor.

UPF has a big 26’, diesel delivery truck.  They filled it with pallets of boxed dog toys.  And we volunteered to deliver the toys to shelters and rescues throughout Southern Ohio.  So last Friday and Saturday, it was “Christmas” for dogs, compliments of UPF and LPR.  

Jenn and I drove to UPF on the northside of Cincinnati to pick up the truck.  After passing a driving inspection by “Dr Z”, the founder of UPF, we pulled out on our tour of Ohio.  It was a beautiful day to drive into Ohio’s hilly Southern country; out on State Route 32, the Appalachian Highway.  Our first stop was past Portsmouth in Wheelersburg, to meet  Rescue people in the parking lot of Lowes.  We transferred a full pallet of toys to them, as well as several boxes of “pee pads” (an absolute necessity for any rescue).  They were excited, filling their van with boxes. 

Into the Hills 

We then went to a “typical” dog rescue, up on a narrow winding road in Scioto County (just north of Portsmouth).  As I backed the truck (that went better than expected) the dogs responded to the “beep-beep” warnings with plenty of “alert” barks.  And then we were up on the back of the truck, pulling out almost a whole second pallet of toys.  The dogs will soon be happier, with pull-toys and “squeaker” chew toys to play with.  (There’s a soundscape:  thirty dogs, searching for the “squeaker” in the chew toy.  Better than barking, I guess).

We found our way out of the countryside onto the “new” Portsmouth four-lane bypass, SR 823.  Then we headed North, up SR 23 to Chillicothe, and then across SR 35 to the Fayette County Shelter near Washington Courthouse.  They got a pallet of toys plus some, and we got to talk to the Agent, who works with LPR  trapping stray and lost dogs.

Then we turned towards home, but first with a stop at the Licking County Humane Society.  There we left a fourth pallet, and had a conversation with the folks from our own county’s group.  One agent went to high school where I was the Dean of Students, and quickly said I wouldn’t know her because she didn’t get in trouble!  She was right, though I recognized her face.

Hand-off

And then, after almost 400 miles, we dropped the truck off in West Columbus to the leader of LPR, Don.  Four pallets to go – Don had the second leg of the “tour”.   “Santa Claus” arrived  on Saturday to groups in Troy, Dayton, Middletown, and Western Ohio. 

There are a whole lot of volunteers, non-profit organizations, and trained professionals involved in helping animals in our communities.  Jenn and I have five dogs at home; we know it takes a lot of financing as well as time.  Our tour with the “Toy Truck” let us meet all sorts of folks who are doing what they can do to make life better for dogs who don’t have “forever families”.   If it takes a “village” raise a child, it takes a whole state to care for dogs. 

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
• Busy Season – 5/15/23
• Of Jeeps and Bucks – 5/28/23
• A Pole Vault Story  -6/11/23
• End of an Era – 6/25/23
• Paybacks – 7/2/23
• Graying in Pataskala – 7/17/23
• Being a Goat – 7/23/23
• Toy Truck – 8/20/23

Loser

You’ve heard of a “three time” loser?  That’s a criminal who’s been convicted so many times that additional crime brings “enhanced” punishments – longer sentences in jail.  So what about a twice-impeached, four-times indicted, facing ninety-one charges; candidate for President of the United States?  

Woah – I hear all of my Trump-leaning friends calling out.  You’re right:  he was impeached (twice) but not convicted.  He is indicted on all of those charges, but time will  tell whether he’s guilty.  I guess we’ll find out if this is all “just a Democrat-Prosecutor Plot”, or if the former President of the United States will end up in some kind of incarceration.   I’m not a betting man, but if I was, I’d put money on Trump standing before the bar, sentenced for a crime.  Out of ninety-one charges, something will stick.

Trump is using all the Rights tools.  He claims that his First Amendment right to Freedom of Speech is violated.  In particular, his political freedom to run for office (and make speeches) is restricted by – “Democrat, Racist, Biased, Judges”.   Of course when he says that, he makes the point for the Judge.  You really can’t call your trial judge racist and biased, at least not in the “real world” of American Justice.  And he even goes farther with the Prosecutors; they’re demented.  If you or I did that, we’d be getting a close-up view of the inside of a jail cell.

And maybe that’s the point. 

Dodge the Bullet

In the “real world”, a candidate facing ninety-one charges, Federal and State, would probably drop out and find some way to defend themselves in court. A real billionaire might look for some safe foreign nation without an extradition treaty (I hear there’s some nice beachfront property for sale in Russian Crimea).   But we aren’t in the “real world”. We are still, unfortunately, in “Trump World”.

From a legal standpoint, Trump’s best way out is to win the election and become President again.  He can then require the Department of Justice to drop the charges.  He can fire any Federal Prosecutor who won’t stop prosecuting him (or fire the person who can fire them until he gets someone who will, shades of the Saturday Night Massacre of 1973). 

 And he’ll be able to go to Georgia and New York and accuse them of interfering with the Presidency.  It might work.  Do you really think the actual President of the United States could “serve while serving” from the Washington State Prison (minimum security) in Davisboro, Georgia or the Queensboro Correctional Facility on Long Island? (We are sorry, Mr. President, the Cabinet meeting can only be held during visiting hours).  Is the current US Supreme Court going to allow that?  

MAGA Loyalists

“Trump World” depends on the absolute loyalty of his supporters.  And what better way to “Rally the Troops” than prosecution twisted into persecution.  In fact, they don’t need to hear or even see Trump himself to get even more riled up.   They’ll show up in mass for the primaries, they’ll heckle and disrupt the efforts of other Republicans (ask DeSantis at the Iowa State Fair).  And those “troops” will be at the height of their energy, if…if Donald Trump goes to jail.

Being indicted for a crime means that you are already under Court supervision.  The Court has three goals for defendants:  show up for trial,  don’t commit more crimes, and don’t taint the legal process.  Trump might already be committing crimes – intimidating witnesses (the former Lieutenant Governor of Georgia for one).  And he definitely is “tainting” the legal process, claiming that the Court officers from Judges to Prosecutors are corrupt.  All of that gets to the prospective Jury Pool. What he says does matter in the Judicial process.

If you or I did this, we’d be “inside looking out”, for sure.  Trump is literally daring the Judges in his cases, from New York to Washington to Miami and soon Atlanta, to try it.  In fact, he’s going so far, it makes me wonder:  is this a political calculation?   Trump’s formula seems to be: either I say what I want and get what I want, or “they” put me in jail, and all of MAGA’Dom goes nuts in my support.  Other than being incarcerated, what’s the down side?

Go to Jail

Donald Trump is no Martin Luther King.  I don’t expect a “letter from the DC Jail” if he’s locked away (though I bet his campaign tries).  And he’s no Alexi Navalny, willing to risk death and return to Russia to be jailed.  In fact,  it’s hard to imagine that a man so used to getting anything he wants would allow himself to be incarcerated.  But maybe it’s a short-term pain, long-term gain kind of thing.  Getting jailed while awaiting trial is short term.  If it could help him win the Presidency, the long-term gain is avoiding what essentially would be a life sentence for the seventy seven year-old man.

At least, then there would be some logic to what he’s doing.  Otherwise he’s just a man so self-indulgent (and self-deluded) that he doesn’t think a judge would dare jail him.  The question is:  which Judge accepts the dare, and proves him wrong? 

January, 1977

It was one of the coldest Presidential Inaugurations on record.  January, 1977; the National Mall had wind chills in the zeroes. My place was below the Capitol and I shivered, despite my goose down mountain jacket.  I watched the former Governor of Georgia sworn into office.  I was one of “the staff”, one of the twenty-somethings who were  “feet on the ground” for the Carter-Mondale Presidential Campaign. 

 I’d spent two months crisscrossing Southwestern Ohio, organizing high school kids and Moms for literature drops in Cincinnati, getting statistics and materials for Warren, Brown, Clermont and Butler Counties, and organizing students to knock on dorm room doors at Miami University in Oxford.  There were signs everywhere, and long computer lists on wide paper. We made thousands of phone calls to get folks out to vote.  We won Ohio by only a few thousand; at twenty years-old, I thought I talked to every one of them!!

A New Era

Jimmy Carter was President.  The Watergate Era was officially over, as Nixon’s replacement Gerald Ford failed to win election.  I went from the parade (Jimmy and Rosalyn walked) to get ready for the “Staff Ball” at the DC Armory.  I wore my three-piece suit and cowboy boots;  stylish for 1977.  Jimmy was truly a Georgia man, he was good friends with the Charlie Daniels Band (and even more the Allman Brothers). Daniels played for the inaugural ball.  We all danced to “The Devil Went Down to Georgia”.

Georgia changed America that day.  Jimmy Carter represented a sea-change in American politics.  He was a Southern Man, the Governor of a Southern State.  His predecessor in Georgia, Lester Maddox, was an “old-style” Southern Democrat.  He chased Black people out of his restaurant with an ax handle.  But Jimmy was a friend of the civil rights movement.  When Carter was sworn into the Governorship, he called for the end of racial discrimination.  He was a new kind of Southern politician, a man who spoke of human rights.

1976 in Georgia marked a pivotal change in American politics.  And last night, Georgia was leading again.  

Perfect Call

We all listened to the entire conversation, recorded by Georgia’s Republican Secretary of State Brad Raffensperger.  The President of the United States was demanding more votes, threatening  Georgia authorities.  His meaning was crystal clear:  alter the Georgia vote count so that Donald Trump wins, no matter what the actual votes were.  While by then we were well aware that Trump didn’t follow the established “norms” of the Presidency;  as Americans listened to the call,  most of us were thinking the same thing:  this has to be illegal.

Last night, Atlanta’s Fulton County District Attorney Fani Willis answered the question with a resounding “YES, it was illegal”.  In a ninety-one page, forty-one count indictment of nineteen named defendants, DA Willis called Donald Trump the leader of a criminal conspiracy, in violation of Georgia’s “RICO” (Racketeering Influenced and Corrupt Organization) statute.  It’s the same law used to bring down organized crime; the Mafia and drug cartels.

Time to Dance

Federal Special Prosecutor Jack Smith indicted Trump two weeks ago in a tight, targeted case for attempting to obstruct and delay the Presidential transition of power.  While there were seven conspirators, Smith only indicted Trump himself in that action.  The prosecution is designed to quickly bring the former President to trial, before the 2024 election and maybe even before the nominating convention. 

While Smith was tight and targeted, Willis’s indictment was broad.  She indicted all of those involved, from Trump to Giuliani to Meadows to the Georgia Republicans who signed on as “fake electors”.  She is bringing the entire conspiracy to obstruct the election to Georgia, in a case where nineteen defendants will try to avoid the mandatory minimum five-year sentence attached to the RICO charges.  

Willis is not encumbered with the time constraints facing Jack Smith.  Smith needs to conclude his trial before September, 2024, before the Justice Department mandated window of sixty days prior to the election.  And, Smith knows well, that if Trump or an ally is elected President in 2024, his case might well disappear.  Willis, on the other hand, has time.  While the election is important, there is no mandate to skirt around the campaigns.  She’s not likely to try all nineteen at once, in fact, I’m sure she expects that several of them will “flip” and plead-out well before trial.  But when it all “comes down”, Willis has the luxury of time that Smith cannot depend upon.

Soul to Save

Smith and Willis have different goals.  Smith is trying to hold Trump personally accountable for his actions, to let the Nation see that justice applies to all.  Willis, on the other hand, is trying to tell the entire story.  She wants America to know that it wasn’t just bumbling “hacks” trying to somehow deflect the will of the people with hair dye running down their face.  It was organized, it was real, it was a determined attempt to change an American election, and short-circuit the United States Constitution.  

Smith wants Trump, his “Devil”.  Willis has invited the “Devil” and the entire structure of Hell with him down to Georgia.  What’s at stake?  “Only” the soul of the United States.

He Can Run

Hey folks, let’s be clear about one thing.  Trump is under two federal indictments and one, soon to be two more state indictments; all during an election year.  But it isn’t going to matter.  Even if he is convicted on all of those counts, he still could be elected President.  He wouldn’t be the first to run for President from behind bars. Socialist Eugene Debs ran from the Atlanta Penitentiary in 1920, and got almost a million votes.  And for those of you who think, surely the United States wouldn’t elect an orange man in an orange jump suit as President. How sure are you?  We didn’t think the US could elect a reality show “star” who “grabbed them wherever”, either.

No Fourteenth

Some take solace in the Federalist Society lawyers who say we can apply a Fourteenth Amendment prohibition to the twice-impeached, thrice (so far) indicted former President:  I wish it were so.

“No person shall…hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States…to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof”(Section 3, 14^th Amendment, US Constitution).

We might all agree that Trump meets the “common” definition of giving aid to insurrectionists. But none of the charges, Federal or State, specifically use the terms “insurrection or rebellion”.  The Federal charges in Washington, DC, are “normal” charges of conspiracy to defraud and obstruction of government.  Even Jack Smith’s final charge of taking away citizens’ rights to vote (a violation of the same 14^th Amendment) wouldn’t necessarily be covered by the disqualification section.

And which Court is going to apply the disqualification to him?  When the case inevitably reaches the Supreme Court, does anyone reasonably believe that the six majority Republican and conservative Justices are going to deny his opportunity to run, or more, reverse his election to office?  Unless Jack Smith has a full insurrection and sedition charge still to “drop”, the 14^th Amendment disqualification argument just doesn’t stand: too bad.

Solid Base

What can we expect?  There are two elections coming up in 2024, one a primary election where the voters are the “hardcore” Party members, and the other a general election where we all take part (I hope).   Since the majority of the “hardcore” Republicans don’t believe that the 2020 election was “legal”, and think that the “insurrection” was little more than a “First Amendment Event” that got out a control, Trump is good with them.

Every time Trump gets another indictment, it solidifies his support among that base.  Every time anyone, especially other Republican candidates for President, say something negative about the candidate who faces criminal charges, the base rallies round the MAGA flag.  And as Donald Trump always says:  better to have bad publicity than no publicity.  Trump is taking up all of the oxygen in the campaign, all of the discussion.  Candidates Asa Hutchinson and Vivek Ramaswamy can’t get a word in edgewise.  And Mike Pence, well, he’s a “great traitor” in their midst.

So, as crazy as it might sound, indictments probably don’t hurt Donald Trump’s candidacy for the Republican nomination.  If he gets that nomination, the general election is different. In a general election, Trump depends on a swath of “hold your nose” voters.  They don’t like Trump, but don’t like Biden even more.  Add in a far-left candidacy with the Green Party, and a “who-knows” Joe Manchin “No Labels” candidacy, and the binary choice we made in 2020 isn’t quite as clear.

Run for Protection

Many Democrats are willing to “roll the dice” on a Biden versus Trump rematch.  Biden’s greatest weaknesses, age and Hunter, are completely cancelled out by a Trump candidacy.  Biden delivered in 2020, why take the chance of a divisive primary with Newsom or Harris or Whitmer; perhaps irretrievably  splitting the Party? (Look at  history:  Reagan challenged Ford in 1976, Kennedy challenged  Carter in 1980.  While both sitting Presidents got the nomination, the other Party won the general election). 

Be careful what you wish for.  Trump MUST run for President.  It’s his best (and perhaps only) way out of jail.  When he’s elected, he can order the Justice Department to drop the charges.  If he’s convicted, he could even go so far as pardoning himself (though that’s a whole other “kettle of fish” legally).  And then there’s that  nagging Department of Justice “policy” (not a law) that prevents DoJ from acting within sixty days of an election (that should be called the “Comey Rule”).   Trump’s trial dates, both in Florida and in DC, are likely to be in the middle of the primary elections.  Does that count?

You can be sure that Trump wants the “Comey Rule” applied, and his lawyers will make the same argument.  They say all of the trials should be delayed. The American people should render the verdict, not in the jury box, but at the ballot box.

Democrats will have to win in 2024 to get the final say.

Way to Go, Ohio

Congratulations, citizens of Ohio.  By a strong margin, 57% to 43%, with over three million people voting, Ohioans turned down Issue One this week.  It was a 38% turnout, in spite of the oddity of an August statewide election.  That’s not as high as the 2022 November election at 52%, but it’s higher than the spring 2022 and 2020 primaries, and close to the highly contested 44% turnout in the 2016 primaries.  The first rule to make a difference is “show up”, and Ohioans showed up this week.

Veto Power

Issue One would have changed three parts of the Initiative process of amending the Ohio Constitution.  It would have required a new amendment to pass by 60% instead of 50% plus one.  It would have made the petition acceptance for the ballot a “one shot deal”. Currently, petitioners have ten days to add or “fix” petitions after they are submitted, the Issue would have required them to be either good on entry or rejected.

But perhaps the most Insidious part of the Issue was way “in the weeds” of electioneering.  To get a citizen’s petition issue on the ballot now, law requires a convoluted process of getting the wording of the petition approved.  The ballot language requires 1000 legal voter signatures, and then approval of the State Attorney General and then the Elections Board.   That’s just for the language on the petitions.  Only then can petitions be circulated publicly.  Final petitions require 10% of the total vote in the last Gubernatorial elections, and at least 5% from 44 of the 88 counties in the state. 

Issue One required 10% statewide, but also required 5% of ALL 88 counties.  In Noble County in Eastern Ohio, there are less than 8000 registered voters spread across the foothills of Appalachia.  In 2022, 4734 voted for Governor (82% Republican, 17% Democrat).  Under the failed Issue One, it would require 274 legal signatures from Noble County to qualify for the ballot.  In contrast, Franklin County, the Columbus metro area, has 860,000 registered voters.  409205 voted for Governor in 2022.  It requires 20,461 legal signatures from there.

The 274 in Noble County would hold a “veto power” over the entire state.

One Person, One Vote

Now that Issue One has failed (it gained 67% of the vote in Noble County, but only 25% in Franklin County), some Republicans are trying to create another “wedge issue” to divide Ohioans.  Social Media echoes with the claim:  those “Blue cities” have forced their will onto the rest of “good” Ohioans, again.  66 “good” Ohio counties voted in favor of Issue One, “only” 22 voted against it – but it still failed (by 57%).  

In the 1960’s, the US Supreme Court in a series of cases (Baker v Carr, Wesberry v Sanders, Reynolds v Sims) said that States must have voting districts of equal population.  Ohio and California are widely different in size, but under the US Constitution, they each still have two Senators.  But Cuyahoga County (Cleveland) and Noble County (Caldwell) MUST have representation based on population.  Out of these cases came the legal axiom that each voter should have the same weight as any other voter: “one person, one vote”.

Wedge

Urban and rural are widely divided here in Ohio.  It’s not just along racial lines, it’s also religious, economic, and cultural.   But it’s not as stark as you might think.  Listen to the music in the parking lot of the local high schools.  It’s hip hop and pop, from urban Columbus to suburban Pataskala to rural Archbold.  

But to “gin up” the vote, politicians use the divide as a wedge.  They tell their rural base that cities (with all the racial overtones) forced their will on the state.  The reality is if you take the three biggest urban counties out of the August count Issue One count (Cleveland, Columbus, Cincinnati), it still fails.  

It’s a national issue, highlighted by the electoral college.  When you look at the political voting “maps”, the Red/Blue look at the nation, we are a Red country with blue edges and a few splotches in the middle.  But when we look at the population maps, we are really bluer than red. 

US – Political Majority by County

US – Political Majority by Population

It’s the law, at least until this crazy Supreme Court tries to rewrite it:   One person, one vote.  The “amber waves of grain” and “purple mountain majesties” are Beautiful, but land doesn’t vote; and neither do cows. People do.

Glad Ohio rejected Issue One last night. There is an old coaching axiom: “No gloating in victory, no pouting in defeat”. It will be interesting to see the breakdown of Ohio votes — it’s not just the big cities versus the farmers.

By the Numbers

Let’s look at the numbers.  When Joe Biden was inaugurated as President of the United States, the Dow Jones Industrial Index, a measure of the “health” of Wall Street, was 31,000.  Today it’s over 35,300.  On that same day, the unemployment rate was 6.7%.  Today it’s about half that, at 3.5%.  The inflation rate was 4.7%.  Now, it’s just under 3%.  And finally, the median household income was $70,074.  Today it’s $70,784.

Thanks, Joe Biden.

There’s no question we had some economic “rocking and rolling” in the last two and a half years.  Biden inherited the pandemic and the myriad of medical and economic issues we had to  recover from.  We went from lockdowns to wide-open in only a few months.  The government did everything it could to cushion the economic impact on individuals and corporations (both Trump and Biden Administrations).  So there were booms and busts, soaring wages and inflation, and shortages of all sorts of products from lumber to computer chips.  

The Future

Everyone predicted that the recovery boom cycle would be followed by a crushing recession.  But, from today’s perspective, we’ve dodged that bullet as well.  The private economic advisors are saying that we will achieve the “soft landing” of our economic “plane”. It’s taken a couple of years to smooth out, but the numbers don’t lie.  For most Americans, things are better today than they were on January 20^th, 2021.  

Thanks, Joe Biden.

We are improving the Nation, preparing for the next fifty years.  We are building:  roads and bridges, electric grids and fiber optic networks, computer chip production here in the United States, environmental improvements and more nationally protected lands.  And when there’s a crisis, the Biden Administration can act quickly.  The Pennsylvania I-95 bridge collapse is a great example; what should have taken months to rebuild, happened in three weeks.  (And what about the East Palestine train derailment? Why did Ohio’s Republican Governor effectively keep the Federal government out by not asking for a disaster declaration:  thanks, Mike DeWine?)

Thanks, Joe Biden.

Wedged Apart

Yet, we are mired in the detritus of the January 6^th Insurrection.  Our Nation is fascinated by a former President who waves top secret documents in the air and stacks them in his bathroom.  And we are victims of political “wedge issues”.  We spend so much energy arguing the “alphabet”:  LGBTQ, DEI, CRT.   Historians and Futurists warned for years that as we approach a population where White people are no longer the majority, now just a decade or so away, there would be a backlash.  A segment of our Nation longs for the “good old days”, forgetting that those were the days when minorities were legally suppressed, criminally intimidated and even imprisoned. 

Victimhood has become a potent political position.  There are even some notable “mainstream” Republicans (see yesterday’s New York Times) who say that indicting the former President is so dangerous to our Republic, he should get a “pass”.  Equal justice for all just shouldn’t apply to him.   All of those are problems that Joe Biden hasn’t solved — yet.  

2024 Election

Democratic operative James Carville defined Presidential politics simply back in 1995.  When asked what his strategy for re-electing Bill Clinton was going to be, he said; “It’s the economy stupid”.   If he’s still right, now twenty-eight years later, then the Biden 2024 campaign should be easy.

It won’t be.  The wedges dividing us are so great, that it’s easy to focus folks on their grievances rather than their successes.  And  30% of Americans are so enamored by the cult-like leadership of the former President, that they’ll never change, no matter how many times Trump is convicted.  In fact, some threaten to revolt if he is.

Presidential decisions are supposed to be hard, and Joe Biden is faced with a Nation as divided as any since the pre-Civil War era.  But, by the numbers, he’s doing all he can to make life better for every American, of all races and genders and political persuasions.  As he keeps it up, the 2024 election should be an easy choice.

Thanks, Joe Biden.

The Autumn Leaves

No the leaves aren’t falling.  There’s no hint of snow in the air.  Today the high’s going to be over eighty degrees, the grass needs cutting, and “back to school” sales are everywhere.  It’s August; but here in Ohio, it’s election day.  

Jenn and I voted over the weekend.  We drove to the county seat, Newark, and cast our single issue ballot, one that’s costing the taxpayers of Ohio $20 million.  The state legislature, who only a few months ago said August elections were foolish and undemocratic, felt this Issue was so important that it was worth the hypocrisy, effort and money.  Their political calculation is cynical.  They hope only their few stalwarts will appear at the polls.  So here we are:  it’s election day.

What’s so important that it can’t wait until November, already an off-off year election – 2023?  The Legislature wants to make it harder for the citizens of Ohio to change the state Constitution.  They want to alter the more than a century old initiative addition to the Constitution, one that allowed citizens to “bypass” that same legislature.

Issues and Arguments

I hope Ohioans vote NO on Issue One, but I’m not going back into all of the arguments.  Here are links to the several essays I’ve written – if you still are undecided – please check them out.

• In the Weeds
• Small World Politics
• Little ‘d’
• Just a Lie.

Here’s what Issue One isn’t about:  abortion, gun control, transgender kids in school, minimum wages, or LGBTQ rights.  We will surely have those discussions and arguments in the future.  That’ll start in November with an amendment to guarantee women’s health rights, or to say it another way, a woman’s right to choose an abortion or not.

But this Issue One is about one thing:  Power.   The power of a demonstrably corrupt state legislature to act unfettered by citizens control.  Sure, today it’s a Republican legislature.  But as “Red” as everyone seems to think Ohio is, we are really a 54-46 state.  That balance can tip, and then, as my mother might say, “The shoe is on the other foot”.  

Go

Anyway, it’s election day.  However you plan to vote on Issue One, I encourage you to go out and cast your ballot.  Put your best Hawaiian shirt, shorts, flip-flops and sunglasses on, and go prove the legislature wrong about at least one thing.  

You can’t slip an election this important through, by hiding it in the shimmering sunshine.

Go and Vote.

Ivy League

In my junior year of high school, I decided that I wanted to go to an Ivy League* school.  I was intent on becoming a lawyer and run for political office.  My political heroes, the Kennedys above all, went to Harvard, and almost everyone in power in both parties had Ivy connections. (Bobby Kennedy, the Dad not the current son, went to University of Virginia Law School, a fine institution.  But he was a Harvard undergrad).

It was a long shot.  My grades in high school were “OK”, but not “Ivy”.  But I did have a “gift” for test taking, and back in the early 1970’s the tests (SAT, ACT, the “subject tests” called the ACH’s now SAT II’s) weighed heavily in admission decisions.  Those scores were good.  And I had a lot of the other stuff Ivy’s weighed; academic teams, sports, Scouts, political involvement and such.

I applied and interviewed at Dartmouth and Harvard.  I also applied to a “Little Ivy”, Williams.  And, to be realistic, I applied to Washington University in St Louis, and Denison and Miami here in Ohio.  

Oh Denison!!

In December of my senior year, the guidance counselor called me out of class.  She told me that Harvard just called, and I was in.  For about twenty-four hours I was walking in the clouds.  Then the next afternoon, the cruel-thin envelope with the crimson emboss arrived in the mailbox.  Harvard thanked me for my interest, but politely declined.

It took a minute, or maybe a week.  Dartmouth was out, and Williams put me on the waiting list.  By January we (Mom and Dad did have a say) decided that Denison, here in Ohio, was my best fit.  So in the fall off I went to Granville.  It was a great school, a great place for me.  They taught me politics from the left and the right, and let me study in Washington DC and even credited me for a semester of working on a Presidential campaign.  And, as an aside, I earned an Ohio Teaching License, opening the option for a whole different career.   I have no regrets.

the Formula

But I did learn that, at least academically, only the most successful, the highest grades, the most brilliant students went to the Ivy League universities.  

So it amazes me when I look at those politicians and political influencers with Ivy League credentials who have bought into the Trump “Big Lie”.  It’s not that “real” conservatives aren’t “smart”.   The most brilliant professor I had at Denison was a true conservative, who went on to work in the Reagan Administration.  But to espouse the “Big Lie” of election fraud?  It’s hard to understand.

It is a simple formula.  The Republican Party, led by Donald Trump, has spent nine years saying that the election process in the United States is corrupt.  Despite all of the evidence to the contrary, many Republicans, Independents and even a few-odd Democrats think that’s true.  Their conclusion is based on the “smoke and fire” principle.  The GOP and Trump have created so much smoke, there must be some fire somewhere.

Truth be Damned

It’s not true.  There really isn’t a fire at all.  Sixty court cases after the 2020 election failed.   Republican officials running elections in contested states know – for a fact – that there was no widespread voter fraud (ask Ohio’s Secretary of State Frank LaRose, before he was running for Senate, or the “Cyber-Ninjas” in Arizona).  But Trump and other Republicans go the next step.  Republicans justify all sorts of repressive voting laws, and Trump’s own clearly criminal attempt to overturn the 2020 election, on “corrupt elections”.  The twice-impeached, now thrice-indicted former President’s defense is that “…he believed the elections were corrupt”.  But instead of actually proving those elections were falsified, they simply say, “…Republicans believe that the elections are corrupt, so we need to fix them”.  

It’s an old trick – the BIG LIE.  If a lie is told over and over and over again, eventually it will sound like the truth.  Please be sure, it’s not true, and constant repetition doesn’t become truth.  A lie is a lie is a lie.  But if a significant part of the citizenry believes the lie, then that becomes a justification to “fix what ain’t broke”.  It also justifies all sorts of other illegal acts and lies.

And the big difference in our current era is that our “main source of information”, social media, makes their biggest profit by creating controversy and division.  So we have one political party’s leadership repeating a lie, and the echo chamber of social media amplifying it a million-fold.  It’s not just “smoke and fire”, it’s impenetrable smoke, choking smoke; smoke that all common-sense says must have a “fire source” somewhere.  But it doesn’t.

Geometry

A ”corollary” to the BIG LIE is that the “Biden Administration” is “persecuting” Donald Trump.  It’s simple political geometry:  if you believe the elections are “rigged”, then opposing those elections and denying the results are “good”.  Anyone prosecuting “good” people for that belief must be bad.  Therefore, the Biden Administration (who really lost anyway) is persecuting Trump.

If you don’t accept the starting premise, the “Big Lie”, then the rest of the action falls apart.  And from a FACTUAL standpoint, there is no factual basis to the “Big Lie” of election fraud.  So you’d think all of the Ivy Leaguers, leading the charge for Trump, would know better.  But Hawley (Yale), Cruz (Harvard), Bannon (Harvard), DeSantis (Harvard), and even Trump himself (Penn) are “all-in” for election fraud.  

And they are bringing all of that intellectual prowess to bear. They  are using their Lie to change America.

*The Ivy League consists of:  Brown, Columbia, Cornell, Dartmouth, Harvard, Penn, Princeton, Yale. 

Track’s Loss

Last week a friend of mine passed away.  We weren’t that close, but we knew each other for over four decades.  Bob Hollen was the track and cross country coach at neighboring Granville High School, for nearly as long as I was the track and cross country coach at Watkins Memorial, forty years.  We were often competitors, and just as often, collaborators working on the “issues” of track and field.  

Bob Hollen, Jeff Sheets, my “sister from another mother” Jan Heffelfinger and I were the “core” track coaches in Licking County for a long time.  There were others that had big impacts, but the four of us were always there.  Bob was the head coach at Granville, and when he retired, came back as an assistant coach at another Licking County school, Heath.  Jeff was the head coach at Licking Valley, and when he became a Heath guidance counselor, he became part of that program as well.  And Jan was the head girls coach at Watkins, and then an assistant coach for me in those final few years.  Between the four of us, we impacted Licking County Track for more than forty years.

Bob and Jeff were also Presidents of the Ohio Track Coaches Association, helping to lead Ohio High School track through the dramatic changes of the last three of decades.  Licking County was always well represented at the “table” when it came to the critical decisions about track and field.

Rivals and Friends

The four of us saw the Licking County League break apart in the early 1990’s, mostly over football issues. Heath and Granville went into the Mid-States League, and Watkins went to the Ohio Capital Conference.  But we kept our old alliances and rivalries alive, creating a Licking County Honor-Roll meet and bringing our best onto the track against each other each spring.  That meet sustained the relationships between the schools and the kids, and it kept us together as coaches.

Then in 2013, the Licking County League was re-established.  Instead of the OCC teams as our arch-rivals, it was back to Granville, Heath and the rest of the LCL.  And for a couple of years, it really was like old times.  The difference:  while we all wanted to win, we also all knew each other so well.  It was good to see Bob on the field, or crack “wise” to Jeff on backstretch.

Bob Hollen would definitely be on the list for an “All Star” throws coach: he consistently had solid shot and discus athletes for all of those decades.  Bob’s in the Ohio Track Coaches Hall of Fame, and was the State Coach of the Year as well.

Empty Chair

When I retired from coaching, I continue to educate coaches about pole vaulting.  Each year at the state track clinic, I arrive early Saturday morning to educate sleepy and perhaps hungover coaches.  Before my “bit” starts, I hang out in the staff room of the clinic.  No matter what else was going on, Bob was there, working to make the clinic better.  We always caught up a bit.  They’ll be an empty chair this year.

Our generation of track coaches is past.  Jeff and I are officiating, no longer coaching on the field.  Jan, perhaps the smartest of us all, comes in for Watkins home meets, runs the high jump, then heads out.  It’s hard to be involved “a little bit”.  The momentum of all those decades pulls –the old line from the Godfather Part III: “Just when I thought I was out, they pull me back in.” 

But one of us is gone.  Bob Hollen will be missed.

Democracy

Ohio is in the throes of another controversy.  This one is called “Issue One”, on the ballot this Tuesday.  There’s a whole lot of arguments on social media about how to vote on the Issue.  But, on this single Issue, the only one on our August ballot, it comes down to this:  do you believe in democracy, or not?

What is democracy?  It is a government based on the “consent of the governed”.  And when the “governed” is split as to how they feel, we voice our opinion through voting.  The majority, the side that has more votes than the other, wins.

Back in the early 1900’s there was a movement to make the United States more democratic. After the Civil War, giant companies influenced much of the government.  You might remember from eighth grade history the story of the “monopolies” like Standard Oil, that controlled 90% of the petroleum industry out of Cleveland, Ohio.  The money created by monopolies spilled over into the state and even national legislatures.  Senators and Representatives were “tagged” with  titles, the Senator from the Sugar Trust, the Representative from US Steel.  Out of the Midwest, states like Wisconsin and Nebraska, came politicians who wanted to move power to the citizens, and make America a truer democracy.

Reform

Today we take for granted the national advances those reformers made at the time:  women gained the right to vote and Senators were directly elected by voters, (not chosen by state legislatures).   And in many states, Ohio included, they approved a method for the citizens to intervene when the state legislature could or would not.  It was called “initiative”. 

The initiative process allows citizens to propose both laws and Constitutional changes.  It gives them a “bypass” around a state legislature that in the 1900’s was corrupted by corporate money.  Looking at Ohio’s recent past, where the former Speaker of the Ohio House of Representatives was just sentenced to twenty years in jail for taking a $60 million bribe from the First Energy Corporation, things haven’t changed much.   

There is a fundamental difference between the Constitution of the United States, and the Constitutions of the several states. The US Constitution was written to be broad, brief, sometimes vague, and hard to change.   In a few short pages, it outlines the structure of the national government, with powers and limitations.  State Constitutions are intentionally the opposite.  They are highly detailed, defining all of the vast powers of the state in particular.  The average state constitution is five times longer than the US Constitution.  They are not comparable documents.

Initiative

Here in Ohio, the current initiative process, to put a proposal to the state’s voters, is difficult.  First, the language of the issue has to be approved by the state Ballot Board, a part of the Ohio government.  Then to get on the ballot, the proposers have to get 5% of the voters from the last gubernatorial election, and in 44 (out of 88) counties to sign a petition (this year that would be around 200,000 legally verifiable signatures).

Only after the signatures are verified, and the percentages  per county are approved, then the language is put on a ballot.  If there aren’t enough verified signatures, the petitioners have ten days to “cure”, or find more, to reach the standard. And then, like all other elections, a majority, more than half of the voters, is required to pass.

For example, there is an initiative to add a law (not change the Constitution) in Ohio to legalize marijuana use.  It would go on the November ballot.  The proposers handed in 220,000 signatures.  But they still fell 679 verified signatures short of the required number.  They have ten days to “cure” their petition, and get on the November ballot.

The Proposal

So what’s “up” with Issue One?  Issue One is a referendum, proposed by the State Legislature itself.  Issue One would make three changes in the initiative process.

First – It would require the proposers to get signatures of  5% of the voters in every single county in the state – all 88.  The smallest counties in Ohio have only 13,000 voters, the largest two counties have 860,000.  But petitioners would have to get 5% from every county.  It “grants” a veto to the smallest counties, the “will” of 13,000 over the will of 860,000.  That doesn’t sound like a democracy.

Second –  There would be no more “cure” period.  

Third – To pass a Constitutional amendment, it would require 60% of the state to agree, instead of 50% plus one.

Obviously, passing an initiative Constitutional Amendment would become almost impossible.  But that’s the point, isn’t it?  The State Legislature wants control ONLY in their hands.  They don’t want a “bypass” around their power, the bypass that’s been part of Ohio’s election law since 1913.  The current legislature is trying to undo the gains of the democratic movements of one hundred and ten years ago.

August

Last year Ohio banned August elections.  It was just a bad time to get a decent turnout, with less than 10% of the voters usually participating.  Only the most motivated would show up, and the decisions were often “undemocratic” and unrepresentative.  But for this Issue One, the state legislature decided to “allow” an August vote.  Their intention was obvious, to get only “their” motivated voters to the polls, and slip their “undemocratic” change into the Ohio Constitution.  

So here’s where Ohio stands.  The voters can chose to give up their power to intervene, and make the gerrymandered, special interest dominated state legislature even less accountable than it is already.  Voters can make Ohio less democratic, giving the “few” the power over the “many”; all by passing Issue One.

Or Ohioans can show up on Tuesday, and vote NO on Issue One.  They can stand for what the United States is supposed to be about:  a nation where every vote is equal, and where the word Democracy is more than just a fairy tale we tell eighth graders.

• So I worked all yesterday on an essay entitled “Hanging Fire”.  It was about the media vacuum created while waiting for Jack Smith to indict Donald Trump, and what filled it.  Maybe I can use it somewhere else.  At 5 pm on August 1, 2023; the Federal Grand Jury in Washington, DC,  indicted the former President of the United States for attempting to overturn the Presidential election of 2020.

Peaceful Transition

August 1, 2023: Donald J Trump, the 45^th President of the United States, indicted by a Federal Grand Jury for attempting to disrupt the peaceful transition of power from one President to the next.  It is a bookmark in American History, beside August 8, 1974 (Nixon’s resignation) and November 22, 1963 (Kennedy’s Assassination).  

In American History this “foundation” of democracy was established in 1801.  President John Adams, a Federalist; peacefully turned over the Presidency to his arch-rival, Democratic-Republican Thomas Jefferson.  There were no riots, no troops in the streets.  Adams simply got in his carriage and headed back to his home in Braintree, Massachusetts. Jefferson took the oath of office and moved into the new White House.

The precedent continued For the next two-hundred and sixteen years.  Buchanan left a looming Civil War to Lincoln.  Democrat Cleveland left the White House to Republican Harrison, to win it back four years later.  The unelected President, Gerald Ford, greeted Jimmy Carter on the White House steps. The elder Bush left a sweet note in the Resolute Desk to Clinton, and  proud Obama did all he could to assist Trump.  But in 2020, that precedent was broken.

USC 18 § 238

Some of us wanted the former President held to the highest standard.  We believe that Trump committed Insurrection and Sedition, leading the Nation to the crisis that still threaten our founding principles.  But Special Prosecutor Jack Smith and the Grand Jury did not charge him with that, outlined in USC 18 § 2383. It states: 

“Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.” 

Prosecutor Smith must not believe he has the ironclad evidence to prove rebellion and insurrection.  So he proffered four “lesser” charges, all still with large punishments.  But those charges do not include the final phrase: “…and shall be incapable of holding any office under the United States”.  Even if convicted of the four charges Smith laid out yesterday, Trump could still be elected President.

Process

Jack Smith did not focus on the Insurrection itself, the storming of the Capitol that most watched in horror, and some in MAGA-inspired glee.  Instead, he focused on the process of Trump’s attempts to disrupt the count of popular votes for President, and alter the selection of electors in the arcane Constitutional process called the “Electoral College”.  There are four counts in this indictment:

• Conspiracy to defraud the United States (by knowingly lying about the results of the 2020 Presidential election)
• Conspiracy to Obstruct an Official Proceeding (by creating “fake” electors and attempting to have them counted)
• Obstruction of and Attempt to Obstruct an Official Proceeding (the direct disruption of the Congressional counting of electoral votes on January 6^th, including encouraging the rioters and pressuring Vice President Pence)
• Conspiracy Against Rights (attempting to take away the legal votes of citizens in violation of their Constitutional right to vote).

The sum possible penalty for conviction of all four offenses is a maximum of sixty-five years in prison.  While the Federal Courts never give that kind of maximum, certainly a ten or more year sentence could be levied.  

Indictment

The forty-five page indictment is written in clear language (not “legalese”).  It outlines all of the demonstrable facts that Smith will bring to court to prove each count of the indictment.   Read it with the knowledge that each “fact” is supported by evidence.  There no longer is supposition, “…well Trump must have known”.  Instead, there is direct evidence that in fact Trump did know; he knew that he lost the 2020 election, he knew that Biden was the next President, but continued to lie about it.  Beyond that lie, he led and directly participated in a conspiracy to overthrow the vote of the people, and have himself falsely installed as the next President of the United States.  

That conspiracy was based on obscure and outlandish interpretations of the law. Even those who created them knew they were wrong (Eastman stated that the Supreme Court would rule against him unanimously).  But the President and his co-conspirators proceeded ahead anyway.  Power was more important than the Constitution.

Conspiracy

The indictment does not name the co-conspirators.  Some of them are obvious:  Co-Conspirator 1 is lawyer Rudy Giuliani who led the effort to alter the vote count. Number 2 is John Eastman who developed the “Constitutional theory” to overturn the Electoral vote. Co-Conspirator 3  is Sidney Powell. She joined Giuliani trying to convince America that the election was corrupted. 

Co-Conspirator 4 is Assistant Attorney General Jeff Clark, who attempted to use the Justice Department to sow doubt in the election results.  5 is Kevin Chesbro, a lawyer in Wisconsin who developed a “legal basis” to throw out legally chosen electors and replace them with Trump electors.

Co-Conspirator 6 is still less certain, though it may well be past and current Trump advisor Jason Miller, who helped implement the “fake electors” strategy to overturn the January 6^th Congressional certification process.

But these six were not charged.  Donald Trump is the lone person indicted.

(Oddly missing as a co-conspirator to Trump’s Chief of Staff Mark Meadows, at the center of almost all of these actions.  Speculation – has Meadows turned “state’s evidence”?)

Time

Time is of the essence.  While we are farther from the 2024 election that it “feels”, it seems crucial that the trial result of Donald Trump should be available for the American voters when they walk into the ballot booth in November of 2024.  Smith didn’t want the complexity of a seven person trial; seven different defense attorneys, seven different culpabilities to prove.  Instead, he is laser focused on the center of the conspiracy:  Donald Trump.  That doesn’t mean that the other six, and others not indicted, won’t face justice. 

It’s just that justice for Trump cannot be delayed. 

The Indictment