Category: Uncategorized

No Victory Day

VE Day

Yesterday was May 9th.  On the Western calendar, May 9th doesn’t have a great deal of significance.  It is the day after May 8th, celebrated in the West as “V-E Day”, Victory in Europe Day.  It marks the defeat of Nazism, and the surrender of Germany to end World War II in Europe.  May 8th was not the end of the war.  The world was still at war in 1945, in the Pacific  against the Japanese Empire. It was apparent by that May that Japanese defeat was inevitable. But as we gained victory over Germany, Allied forces were desperately trying to gain control of the island of Okinawa.  It was the last of the “island hopping” campaigns.  The next step was the invasion of Japan itself.

But May 9th is a significant holiday in one country.  In Russia, it is simply called “Victory Day”.  It is a day of huge military marches across Red Square, the wide plaza outside of the capital building, the Kremlin.  Russian leaders still pack the risers on top of the Kremlin wall, showing their “proximity to power” by literally standing shoulder to shoulder with the President.  And while it has always been a demonstration of raw military might, it also is the Russian day of commemoration.  Almost 17 million citizens of the Soviet Union died in World War II, fifteen percent of the population.  They sacrificed to stop the German invasions of their nation.

Mariupol

Many observers, this writer included, thought that May 9th would have a particular significance this year. Putin’s miscalculation in Ukraine is becoming more apparent by the day.  What he thought was going to be a quick strike, decapitating the Ukrainian leadership and taking the capital Kyiv, has dragged out into a World War II style fight in the streets and fields of Eastern Ukraine.  Putin was clearly hoping for some victory to celebrate.  

The obvious target was Mariupol, where the Russians have been fighting for months.  The port city stands between the two previously Russian “occupied” zones of Ukraine, the Eastern Provinces of the Donbas, and Crimea.  It has been bombed since the Russian invasion began in March, and the civilian population of 450,000 has dwindled to under 100,000.  Many have escaped to unoccupied Ukraine.  Some were shipped by the Russians to Russian cities, and their fate remains unknown.  And many thousands are dead, casualties of Russian aggression.

The city has been destroyed.  But the Ukrainian Army made a stand at a massive steel factory in the town, using the tunnels under the two square mile facility as protection from Russian bombs.   Perhaps a thousand or more troops are still there, denying Russia control of the destroyed city.  Putin cannot claim victory there, even for “Victory Day”.

Conscripts

In fact, in his Victory Day speech, Putin could only call for increased conscription of Russian men.  His “two-week” war, now in a third month, has sapped almost all of the Russian ready fighting forces, leaving the rest of the vast nation militarily weakened.  And while Russian propaganda is still touting the importance of stopping “Nazis” in Ukraine, the reality of a long, ugly, and deadly war is seeping through to the Russian people. 

Russia is bombing civilian targets throughout Ukraine.  In the port city of Odesa in the Black Sea, a shopping mall was targeted yesterday.  What was once a Russian military campaign is turning into a terror effort against Ukrainian civilians.  The mass graves outside of Mariupol and other towns are further evidence of that.

What Next?

But Ukraine holds on, standing on the support of the West.  What the Russians destroy, NATO replaces.  After two months of fighting, the Ukrainian Army is better supplied than it was before the war.  And that’s not just from NATO.  Ukrainians have captured a lot of equipment from the Russian Army itself.    

What’s left for Vladimir Putin?  He can hope that Western leaders grow weary of the economic consequences of his war.  Gas prices throughout the world are up, and that has political consequences in democracies.  That’s a recurring theme in American social media, placing the rise squarely on the shoulders of President Biden, instead of where it belongs, on Putin.  And while that complicates the American mid-term elections in November, Biden has made it clear that the United States will “stay the course” of supporting Ukraine.  

So the war will continue.  Ukraine will fight to hold territory, and make captured territory impossible to control.  And Vladimir Putin is caught in a box – there is no path to his next “Victory Day”.  

The danger:  no one knows what a “cornered” Putin will do.

Ukraine Crisis

The Court

Group Project

As a student, I hated “group” projects.  We always got a “group” grade, so if you were worried about your grades, you did all the work in the project.  Those students who weren’t concerned, didn’t bother to work.  In a four-person group, there was always the “idea” person, the “I’ll be secretary” person, the “go for the ride” person, and then one person is did all the real work.  

This wasn’t always true. Sometimes I got in groups that really took off, with everyone contributing, but that was more in college than public school.  When I was teaching, I also assigned “group” projects, but I always included an individual grade as well.  Sure your group could get an “A”, but I monitored what was going on in the group.  If you were going “for the ride” your grade would reflect that too.

Structure

When you think of the Supreme Court, think of a nine-person “group project”.  It’s more like the college groups, and all nine are “idea” people trying to get their point across.  So here’s how the Court is structured to get all that done.

For the Court to even listen to arguments on most issues, four Justices must agree to “hear” the case.  At that point, the attorneys on both sides prepare  to make their “case” to all nine Justices. bThey prepare written briefs, sometimes running to hundreds of pages, and oral presentations to the Court.  They have  thirty minutes to make their point, but that time period is always interrupted by questions by the various Justices.  Sometimes the questions are real inquiries about the law, or the thinking behind the case.  Sometimes the questions are directed to making other Justices think about a particular position.  And sometimes a Justice is looking to highlight a particularly weak position taken by the attorney.

In addition, the Court receives “Amicus Curiae” briefs, “friends of the Court” who weigh in on one side or the other.  These are parties with interests in the outcome of the case. They are given the opportunity to put their legal “two-cents” into the discussion.  

Preliminary Decision

The day or so after oral arguments, the nine Justices meet to take a preliminary vote on the case.  This is NOT a final decision, but does determine which Justice will have the opportunity to try to write a first draft majority decision for the case.  The Justice who writes the decision determinesthe law of the United States. It establishes precedence for the legal system. 

So the Justices vote, with a 5 to 4 majority controlling the decision.  If John Roberts, the Chief Justice, is in the majority, then he can determine who writes the opinion.  It can be himself, or one of the other four or more Justices in the majority.  If Roberts is in the minority, then the Senior Justice on the majority determines who writes the “first draft” of thedecision.  

We know that the Dobbs Mississippi abortion law case was heard in December, and the preliminary vote was:  Thomas, Alito, Gorsuch, Kavanaugh and Barrett to uphold the Mississippi law and overturn Roe v Wade: and Roberts, Breyer, Sotomayor and Kagan to uphold Roe (in some form or other).  Since Roberts was in the minority, he did not get to assign the opinion.  Justice Clarence Thomas did – and he assigned it to Justice Samuel Alito.

The Process – Part One

Justice Alito gets the “duty” of writing an opinion that the majority will agree to.  That’s an important distinction – Alito can’t just write anything he wants to be law. He wants five Justices to agree to each point of his opinion.  They don’t have to.  They can agree with Alito’s conclusions – the decision itself – but write their own opinions about how they got there.  That’s important to the law.  If there’s a single opinion that all five (or more) Justices sign onto, then the law is clear about how to apply that decision to other cases.

But if the majority is split in its reasoning – with some Justices agreeing to some points but not others and writing their own opinions – concurring opinions – then the decision doesn’t have the same impact on the law.  It decides the one case, Dobbs v Jackson Women’s Health Organization, but isn’t as easily applied to other cases.

Justice Alito’s ultimate goal was to have at least five Justices “sign-on” to his opinion.  

A Supreme Court Justice’s office is like a small law firm.  There is the Justice him or herself, then there are four “clerks”.  The clerks are brilliant lawyers themselves, and the Justice assigns a clerk (or more) to write the opinion.  Then the office collaborates on what they wrote, a “group project” with the Justice, of course, having the final say.  That writing process goes on for months.

In the Dobbs case, it went on for over two months, from the time Alito was assigned the case, until the “first draft” came out in early February.  

The Process – Part Two

Once the “first draft” is finalized in Alito’s office, it is then circulated to the rest of the Justices.  Those that voted in the majority at the preliminary conference might sign on.  Or they might suggest changes that they need in order to sign on. Or they might decide that they cannot sign onto to Alito’s draft, and instead start the writing process in their own offices, with their own clerks.

And the Justices in the minority, can start writing their “dissents”, explaining why the reasoning in the Alito opinion is wrong.  Dissents aren’t “legal” in the sense that they become part of the law.  But dissents do become the basis for later attempts to overturn the Alito decision.  If, for example, four Justices sign onto a dissent, then future attorneys arguing in front of the Court know where to begin trying to change the impact of Alito’s decision.

This is also where the “bargaining” in the Court begins.  In a 5 to 4 preliminary vote, it might be possible for the “4” to shave off one of the “5” and flip the decision.  That’s what Chief Justice Roberts (supposedly) is trying to do in this case.  So a Roberts’ “dissent” to Alito’s decision might be close enough for one of the “5” to switch, making Roberts’ “dissent” become the majority decision.  

And this is all done “on paper”.  There are no “group discussions”, just binders of papers going back and forth between the Justices’ offices, trying to persuade a colleague to take a different position.  

The Process – Part Three

This goes on for every case the Court determines after hearing arguments.  We know what the process is, but we never, ever, get to see the process as it’s happening.  When the United States Supreme Court announces a decision, it’s always unknown until the actual announcement is made.  At that moment, the written decision (and all of the concurrent and dissenting opinions) are published and handed out to the world.  That’s why the “breaking news” of a Supreme Court decision always includes reporters skimming through stacks of paper, trying to find the nuances of the determination, and the dissents.

And that’s what so different about this case.  In a decision where the Court is on the cusp of overturning fifty years of precedent, and take away a Court granted Constitutional “right” to privacy and control of what happens to your body, someone leaked the Alito draft to the world.

Benefits

Who would benefit from the Supreme Court process becoming a public spectacle?  Well, certainly those who are pro-choice might benefit, as they marshal their supporters in righteous outrage over the loss of a half-century of personal rights.  Perhaps enough public pressure can be exerted that one of the “5” can be persuaded to “flip”.  Demonstrators in front of Justice Kavanaugh’s home certainly hope so.

But there are benefits for the pro-life side as well.  They can claim that a pro-choice proponent released the internal document to the world, violating the sanctity of the Court process.  They can demand that the “5” hold their position, and not knuckle under to the “public pressure”.  Of course, that’s exactly what they want those Justices to do, knuckle under to pressure from the pro-life side, not the pro-choice side.

Chief Justice Roberts declared that the Court will proceed with the process, and reach a final decision for the end-of-term June announcements.  But it’s possible that the Court itself is thrown into such disarray from this complete exposure, that they buy some time by delaying the decision, or even calling for a re-hearing of the case in the fall.  But “buying time” will only be buying an increase in public pressure from all sides of the argument.

One thing we know for sure.  If the Alito opinion becomes the law of the land, the public disruption will make this crisis look puny.  And if the Court rules in some other way, the specter of public and political pressure influencing “the law” will muddy the Court’s reputation, and the law.  

Maybe that’s already happened.

Waterproof Paper

This is another in the “Sunday Story” series. There’s no deep political meaning here, just a story about – surprise – track meets!!

Track Meets

Citius, Altius, Fortius  is the Olympic Motto:  Faster, Higher, Stronger. It’s the ultimate goal of every athlete.  And the competition is twofold.  Sure there’s the others in the race or event; trying to win-out over all.  But just as importantly, there’s the “race” against yourself.  To go Faster, Higher, Stronger than you’ve ever been before. That’s just as important in athletics, and in life.

When I picture track and field meets, I start with a scene from a 1981 movie about the ‘24 Paris Olympic Games, Chariots of Fire (need a Chariots of Fire song fix – click here).  Young men, training on the beach, smiling joyfully as they run along the shore, the townspeople looking on curiously. (Beach running, while romanticized in the movie, is actually really hard work).  

Or it’s a “summer” track meet:  the bright sunshine in a blue sky as athletes compete on a red track, giving their-all to succeed.  The “senior” officials in their summer uniforms, solemnly intoning the order of competition, and impartially calling “misses” and “makes”. Kids laughing in the stands in tank tops and “short-shorts”; parents worrying about hydration and sunburn.  Coaches holding schedules, already two hours off, trying to get athletes prepared to compete.

Ohio Track

I’ve been involved with track and field for fifty-five years, since I first read about Jesse Owens, and dug holes for my starting “blocks” in our back yard in Kettering, Ohio.  I ran track for ten years, then coached it for another forty.  Now I’m a “senior”; officiating track meets, occasionally firing the gun as the starter, but more often calling the “misses and makes” as a field event official.  I’ve worked fifteen track meets so far this season, just about halfway through my spring schedule of competitions.  And so far, there’s been two meets that fit the “summer” track meet mold.

Track and field in Ohio is wholly different than the image of the summer meets.  We start track in March, and if we wait for that perfect day to run, we wouldn’t have many competitions.  So far, I’ve officiated in sleet, snow, ice, rain, rain, rain, wind, and the two meets where I got a good sunburn.  But that’s all right; it’s the nature of Ohio track and field.  Sure there’s “citius, altius, fortius”, but the nature of our state throws in a whole other set of challenges:  “patientia, perseverantia, salvos”;  endurance, perseverance, survival.  

Old Coaches

Last night is a good example.  I got the opportunity to officiate at the Larkin/Crosten Invitational, held at Upper Arlington High School in Columbus.  First, it was an honor to be asked to officiate there. While I didn’t know Mr. Larkin, I certainly knew Marv Crosten, the co-honoree of the meet.  Marv was that dominant, tough, crusty old coach at Upper Arlington when I was a young coach at Watkins right about when the movie Chariots of Fire came out.  As hard as an “exterior” as Marv had though, he was a man dedicated to the kids of track and field, both at Upper Arlington, and throughout Ohio.

I had the chance to work with him in the District Coaches Association.  I was President of the group in 1985-86, but I soon found that while I might be President, Marv Crosten was “in charge”.  He taught me about the “politics” of track and field, and was a mentor as well as an example.  He was one of the “legendary” coaches of the day – like Ed Rarey at Gahanna, and Les Eisenhart at Thomas Worthington.  They were scary guys to this young coach, but they were always willing to give advice and help, even to a “competitor”.  Officiating at a meet with his name on it is a big deal for me.    

Rain Meet

It was pouring down rain when I arrived at the track, and I was checking my phone to see if there was a message cancelling the meet.  The weather wasn’t going to be much better through the evening, though thunderstorms weren’t an issue.  Thunder and lightning stops a track meet; rain (and snow and sleet) are “inconvenient”.  Back in the “Crosten and Rarey” days we’d never think of cancelling a meet for rain, but in the modern era of track and field it happens.  I’m not sure if the kids or coaches are “softer”, or maybe just “smarter”. 

But the folks at Upper Arlington were channeling Marv last night, so on we went.  I was charged with officiating the high jump, which can be an iffy event in the rain.  As long as the athletes don’t slip on takeoff, it’s safe, and on the brand new track surface there wasn’t a problem.  But there is the issue of landing in a foam pad mat, which is just a giant sponge.  When the kids cleared the bar and hit the foam, the water literally sprayed over their whole body.  The air temperature was in the low sixties, but it was still quite a shock on landing.

Dissolving Results

And the other technical issue for me was how to keep the “statistics” of the event.  Writing on paper with pencil in the pouring rain is a difficult exercise:  you’ve got to keep the paper dry.  Otherwise, it dissolves as you write or turn the page, and you lose all record of the event.  I have a “nifty” clipboard with a clear plastic cover that helps, but with enough rain it’s almost impossible to keep the forms dry.  And once they’re soaked, you’re in trouble.

In my coaching years I also was the meet manager of a lot of track meets, and ran into the “rain soaked results” problem quite often.  After a particularly miserable experience one Saturday, we went out for dinner and a few beers.  The conversation turned to how to best preserve the results so we could score the meet.  Someone mentioned that what we really needed was “waterproof paper”.  

Now that just sounded silly, like “dehydrated water”.  But I decided to look it up on the internet.  And there it was:  waterproof paper, one brand called “Rite in the Rain”.  You could purchase a variety of products; no need to deal with the “toilet paper” effect of rain on high jump or discus results anymore.   In our meets at Watkins, we just printed all of our meet documents on that paper.  It cost more than common paper, but in Ohio, why take the chance?  And, I later realized, we never told our officials about it. We just put it out there.  They never realized that the paper was different; they just never had the problem of “dissolving” results anymore.

Perseverantia

But other folks don’t know about waterproof paper – so as an official I bring my own.  And in this modern age of online meet entries and results, I can usually print off my own field event sheets before I even arrive at the meet.  It saved me last night at Upper Arlington, and we managed to get through both the boys and girls competition.  

The jumping wasn’t as “altius” as it would have been on the perfect day.  But what the athletes did learn was “perseverantia”, perseverance.  They learned how to focus beyond the elements, and onto what they came to do.  The lesson of last night’s high jump, was to perform even when it’s hard, even when everything isn’t exactly “right”.  

I think Marv would have approved.

The Sunday Story Series

Breaking it Down

Results Are In

Ohio has voted – at least for the moment.  Due to re-districting manipulations, we still have to choose the party candidates for state Senate and House.  But, our political “clubs” have chosen the other candidates.   The good news for Democrats – Nan Whaley, former Dayton Mayor won the nomination for Governor, and Congressman Tim Ryan for Senate.  (I saw Ryan yesterday on Morning Joe.  He’s pumped, and he’s channeling Zelenskyy in an olive-drab T-shirt!!).  

But that’s not all the good news.  The Republican “club” narrowly picked “Hillbilly Elegy” author and investment manager JD Vance to run against Ryan for Senate.   Republicans had choices; including some “normal” middle of the road candidates, like Jane Timken or Matt Dolan.  Or they could have picked a perennial candidate remodeled as “Pro-God, Pro-Guns, and Pro-Trump” Josh Mandel. Or the guy that Mandel went “chest-to-belly” with on a live state wide debate, Mike Gibbons.  Instead, they went for Donald Trump’s personally anointed choice “JP Mandel” (Vance).  

In the general election, He’ll give away the “middle ground” to the T-Shirt clad, working class, “it’s all about China” Ryan.  It won’t be easy – Ohio never is for a Democrat.  But if Sherrod Brown can win in Ohio against Mandel, then Tim Ryan has a good shot against “Elegy Boy”.  It’s a great matchup for the Dems. (By the way, read the book or watch the movie, “Hillbilly Elegy”.  It’s a good story.  Then watch JD Vance live.  I guarantee you’ll be disappointed). 

Old School

Republican sanity made a comeback though, with the re-nomination of Governor Mike DeWine to run for a second term.  DeWine is “old-school” Republican (and old aged at 75), once a US Senator and State Attorney General.  And, from my side of the fence, he did a pretty good job handling the Covid crisis, in spite of a legislature that wanted to be maskless and packed together.  DeWine knew when to fight, and also to when give up before the Legislature eviscerated his authority.  His one flaw: he let Ohio Public Health Director Amy Acton take all the heat when the pressure was on, and let her fall on her sword for him.

There’s not too much more I like about DeWine.  Under his leadership, Republicans took $60 million in bribes from First Energy, resulting in the state picking up a multi-billion dollar invoice for the old First Energy nuclear reactors.  DeWine turned on his loyal Sheriffs Association friends when he supported unlimited and unlicensed conceal/carry.  And DeWine was first in line for restrictive abortion legislation, all of which is likely to go into effect when the Supreme Court kills the Roe decision.

Residual Anger

Against DeWine is Nan Whaley, the forty-six year old former Mayor of Dayton.  She made a strong positive impression on the state, leading Dayton through the mass shooting in 2019, and doing a good job of revitalizing a city that lost most of its key industries in the 1990’s.  Whaley is personable, progressive, and primed to be Ohio first woman governor.

DeWine should command in the race, but the far-right is still angry:  about masks, about restrictions, about zoom learning and vaccination and testing requirements.  So it remains to be seen how many of those folks will step aside from the DeWine race.  It’s not that they’ll vote for Whaley instead, but they might just overlook the Governor’s race all together.  If the “Trump voters” refuse to vote for DeWine, that’ll hurt.  And if the Tim Ryan race draws a big traditional Democratic turnout, and Roe hits the suburban “swing districts” both  Ryan and Whaley have a shot.

Magenta

It’s Ohio, a state that twice voted for Barack Obama, then voted twice for Donald Trump.  Every statewide office is held by  Republicans but one, Sherrod Brown in the US Senate.  If Florida is purple, just barely Republican by a percent or two, then Ohio is “magenta” (thanks to the old Crayola Box of my childhood) – almost red, but not quite.  There still is a chance for Democrats in Ohio, but it needs to be a “perfect storm”. 

The Democrats run the cities:  Cleveland, Akron, Youngstown, Toledo, Columbus, Dayton, Cincinnati.  But the Republicans own the suburbs outside of the cities, and the vast tracks of farmlands in between.  The current balance leans Republican.  But suburban cracks are appearing, particularly in the exploding housing developments around Cincinnati, Dayton and Columbus.  The “soccer families” didn’t like Donald Trump, and some slipped towards the Democratic side.

Will the looming Roe crisis drive them further Blue?  And while JD Vance’s endorsement by Trump will help in the farmlands, and Appalachian Ohio is drawn to his story (and there’s lots of that, almost of quarter of the state), those might not be so helpful in Centerville (Dayton) or Lewis Center (Columbus).  

Deep Red

I live in “deep Red” Ohio here in Pataskala.  Trump flags are almost as numerous as “Old Glory”.  So while I can read the statistics about the state, it’s hard to be too optimistic.  We still have to whisper our political conversations in the local restaurants.  But there’s always hope too.  My Ohio is definitely “Trump Country”, but beneath that is a deep vein of common sense.  Maybe that will finally come through – this time.

A Deal is A Deal

Cincinnati

I was a young political operative back in 1981, enrolled in the University of Cincinnati Law School, and the  manager of a Cincinnati City Council campaign.  I’d go to Law School in the morning, study for a couple hours, then campaign until midnight or so.  I got a few hours’ sleep, then another study session from four am until it was time to go to class.  

Like most Council campaigns at the time, we were running on a shoe string budget. We tried to make up for our lack of funding by hard work, yard signs, knocking on doors, and being almost everywhere in the City where people gathered.  I think our total budget was about $15000. It all went into “the litt”, the slick brochure we handed out to everyone, and, of course, the yard signs.

Just a few years before, abortion was only one issue out of many in a political campaign.   When I worked for the Carter/Mondale campaign in the fall of 1976, my direct boss was against abortions. That was not in line with the Democratic platform.  But he was a through-and-through Democrat, and had no problem with that difference over a single issue.  Overall, he believed in the Democratic Party.  

And when I worked in Washington for the local Democratic Congressman, he was a “Pro-Life” Democrat. He even introduced a “Right-to-Life” Constitutional Amendment on the floor of the House (though it didn’t go anywhere). Pro-Life or Pro-Choice was not the defining issue in political parties.

Litmus Test

But just five years later, abortion became a “litmus test” of political party. Roe was nine years old, and the City of Cincinnati provided health services for women.  That made abortion a direct issue for a Council candidate.  My candidate was a woman. She wasn’t personally “in favor” of abortions, but deeply believed that women should have the choice to make up their own minds.  

That was a dangerous position to hold.  The west side of Cincinnati was an original hotbed of anti-abortion activity. They were led by a founding member of the “Right to Life” movement, John Wilke.  He took an absolute position:  no matter what else a candidate was for or against, either they were “Pro-Life”, or Wilke and his followers were utterly opposed to them.

The problem was that the “pro-choice” movement at the time was almost as “pure”.  Either you were “pro-abortion” or they stood against you as well.  So honest answers from my candidate satisfied no one, even though she was “pro-choice”, but not “pro-abortion”.  

We ended up thirteenth in the race, with the top nine vote getters gaining Council seats.  My candidate continued as an amazing school teacher, and later earned several elective offices in Cincinnati and Hamilton County.  I decided that I’d rather teach and coach than do politics and law, and went onto my forty-year career.

Guerilla War

And the battle between the “Pro-Choice” and “Pro-Life” continued, like a festering guerrilla rebellion that had no end.  “Pro-Life” became embedded in more conservative Christian churches (and the Roman Catholic Church) and the political parties became aligned by their stand on abortion.  But it wasn’t until the mid-1990’s that the Christian Right made their “deal” with the Republican Party.  

The deal was simple:  the Christian Right would support the Republican Party, as  long as Republican politicians and Presidents promised to appoint anti-Roe Justices to the Supreme Court.  Many of these Christians also believed in Christ’s dedication to the poor and vulnerable, a view often supported in law by Democrats more than Republicans.  But the one-issue “Pro-Life” focus dominated, and made “strange bedfellows” of the church and some Republican politicians.

It’s the only way that the “moral” Christian-right could support the immoral Donald Trump.  Trump became the immoral “vessel” for their “moral” view, and it was Mitch McConnell who “sealed the deal”.  McConnell, with the backing and vetting of the Federalist Society, was able to guarantee that Republican Justice nominees to the Supreme Court were “Pro-Life”. 

And it was the “McConnell Maneuver” that prevented Barack Obama from putting Merrick Garland on the Court, then rammed Amy Coney Barrett through the Senate in Trump’s last days. He locked in three appointments for the “vessel”, guaranteeing the current six to three conservative majority on the Court.  Regardless what they said in hearings or private meetings with Senators, the vetting was correct.  Gorsuch, Kavanaugh, and Barrett lied when they said the Roe decision was “stare decisis”.  They were “Pro-Life” judges, dedicated to ending Roe.  And now will have their say.

Victory

This is what the Christian Right worked for since the 1990’s.  And it’s not just ending Roe  they’re after.  The next phase will be a nationwide ban on all abortions.  And there’s also ending same sex marriages, and controlling private bedroom behavior.  The leaked Alito opinion over-turning Roe and Casey creates an entire legal basis for overturning Obergefell (gay marriage), and Griswold (contraception). 

It denies there is a right to “privacy” in the Constitution, as seen in the Fourth and Fourteenth Amendments.  It takes the Constitutional “right” to private human behavior, and puts all of that behavior back in the legislative arena, where it was in the 1950’s and before. 

The deal is done.  The fifty year war against Roe is no longer an undercover “guerilla” war; it is out in full, bloody view.  And if the “Five” on the Supreme Court are done with Roe and the rest, then it’s up to the legislatures to take charge.  Democrats in Congress can enshrine the “privacy rights” in law, if only they can find a majority to get it done.

The Democrats already are desperate to motivate their supporters.  With Trump off the ballot, and the post-Covid economic boom fueling inflation, Dems need something to get voters to the polls.  

They’ve got it now.   

Returning to Our America

A Break

I’ve been away from “Our America” for four days – the longest  “dry spell” as I’ve taken from writing for the past four years.  It was a wonderful vacation on the Atlantic Shore of Florida, our first time away together without “the pack” (the dogs) since February of 2020.  Jenn and I got suitably sunburnt, drank (several) wonderful Mojitos at pool side, and revisited old haunts from our camping days.  And we slept, a lot.  We owe a special thank you to our son and his girlfriend, who offered to take care of five dogs for a long weekend.  I hope the task wasn’t too arduous. 

Beach vacations are nothing without a good book, and I’m deep into Congressman Jamie Raskin’s Unthinkable.  The title represents two separate events entangled in Raskin’s life:  the suicide of his brilliant twenty-five year old son, Tommy, on New Year’s Eve of 2020; and the January 6th Insurrection a week later. As he wrote about it: he was a father who lost his son, and a Congressman, an American and a Constitutional scholar, who faced losing his country.  

Congressman Raskin was appointed by Nancy Pelosi to lead the second impeachment of Donald Trump, just a week after he buried his son.   While I’m a little more than halfway through the story, Jamie Raskin brings a true immediacy to the Constitutional crisis they faced in Donald Trump.  With heart shattered by his son’s death, Raskin turned to fix a Nation shattered on the Capitol steps and hallways.

Florida, Florida, Florida

And while it’s been well over a year since the Insurrection and the second impeachment of Donald Trump, I can’t help but think that Jamie Raskin’s work, and our own, is far from being over.

As I traveled in Florida, and prepared to return to vote today in Ohio, our Nation is in the same place it was on January 5th, before the violence in Washington and the threat of a coup d’état by the President of the United States himself.  Trump is still trying to “pull the strings” to invert the “Big Lie” into his “Big Comeback”, even if he can’t seem to remember which Ohio Senate Primary candidate he endorsed (was that JD Mandel or Josh Vance?)

What was determined by then Attorney General Bill Barr and over sixty judges to be untrue, or as Barr then said, “bull-shit”; is now Republican orthodoxy.  Even candidates who spent 2020 defending the electoral system, like Ohio’s Republican Secretary of State Frank LaRose, now echo cries for better “election security”.  

In Florida Ron DeSantis plans on being “Trump 2.0”, a smarter Harvard-educated Trump, appealing to the worst instincts of his constituency to gin up votes.  He’s expanded the “Big Lie” from elections to the “Critical Race Theory” hoax in the classroom, and to homophobic and transphobic fears.  And, sadly it’s working, at least so far.  He leads former Democratic Governor Charlie Crist by eight percent in current polls, a landslide in Florida’s taut political world.  DeSantis wants a big win to thrust him into the 2024 Presidential fray, with or without Trump.

Angels

I fear for our Nation.  I fear Donald Trump has unleashed the “worse angels” of America’s character.  And while I’m fond of Martin Luther King’s favorite expression:  “the arc of the moral universe is long but it bends towards justice”, for the first time in my life I’m not sure we’ll “bend towards justice” anytime soon, maybe not in my lifetime.

What kind of society are we that we allow our government to attack the most vulnerable in the “name” of getting votes? For the first time in American history, we are allowing rights to be taken away, from women, based on economic standing.  We are regressing back to an ugly past, not progressing towards a moral future.   

The Insurrection is going on today.  The January 6th Committee will not be presenting history to us as they bring the story of conspiracy and violence to light next month. They will be holding up a mirror to our present.  

All of this sounds hopeless, like I found my answer in the bottom of an empty mojito glass alongside the squeezed lime peel.   That’s not the case.  Because in Florida, the home of DeSantis, we also found many folks living a diverse and exciting life.  We found lots of kindness and care, whether gay or straight, black or white or Latina, young or old.  There were hundreds marching in protest against DeSantis’s ploys, in Melbourne, the heart of “Red Florida”.  We honked as we drove past the marchers, they cheered us as we cheered them.  They are still here, as they are in all of America.

The Work Goes On

Senator Edward Kennedy quoted Lord Tennyson in his final speech as a Presidential candidate in 1980.  He said:

      “I am a part of all that I have met

      To (tho) much is taken, much abides

         That which we are, we are—

         One equal temper of heroic hearts.

         Strong in will, 

         To strive, to seek, to find, and not to yield.”

For me, a few hours ago, this campaign came to an end.

For all of those whose cares have been our concern, the work goes on, 

the cause endures, the hope still lives, and the dream shall never die.

We must gird ourselves for the “long fight”, taking heart from those who are giving their actual lives for freedom in places like Ukraine.  If we do not fight for our own progress, our own freedoms, we concede to the undercurrents that have always been a sad part of American life, the “worse angels”.  

We need to listen to our better angels, who tell us that America will not give up so easily.  As Lincoln said it:

 You can fool all of the people some of the time, and

  You can fool some of the people all of the time,

  But you can’t fool all of the people, all of the time.

Our fellow Americans won’t be fooled all of the time, not by the “Big Lie”, nor “Critical Race Theory”, nor all of the other propaganda and falsehoods.  We will find a way to “bend” to justice, even if it takes a long time. And it’s time we got on with the bending – because, “The work goes on, and the dream shall never die”.

Back to it.

Vacation ?

I you read Our America much – you know I don’t take many days “off”. But, thanks to Joey and Lauren – Jenn and I got a much needed vacation. Back on Tuesday – probably!!!

Desperate Moves

Blood and Treasure

My Mom used to have an expression, “Don’t cut off your nose to spite your face”.  It was one of those sayings from her English childhood, and it took a while for me to figure it out.  But it finally made sense, your face won’t look “better” without your nose, so no matter how mad you may be at your face, don’t cut it off.

International sanctions are pushing the Russian economy to its limits.  Sure the Russians, are trying to compensate; emptying the coffers to prop up their currency, the ruble.  But they are struggling, missing most of their imported consumer goods, and facing a long-term issue of replacing all of the weaponry their expending in Ukraine.  

As the failed conquest goes on, more and more materials are being consumed.  Wars cost blood and treasure, and while Russian military strategy has always been “long on” blood, willing to sacrifice their soldiers, they still need  “treasure” to continue the fight.  Russian casualties are estimated at over 15,000 killed in the two-month struggle, eight times the amount the US lost in the twenty-year war in Afghanistan (Forbes).

Natural Gas Economics

Russia is the world leader in exporting natural gas at almost 200 billion cubic meters a year. The United States is a far second, near 150 billion.  The main consumer of Russian natural gas is Europe, with several countries, including Serbia and Norway, importing 99% of their supply (Aljazeera).  The major leaders of the European Union, Germany (49%), Italy (46%) and France (24%) all use Russian gas (Statista).  And while the United States doesn’t import Russian natural gas, the US does import Russian oil.  It represents 8% of total US imports (NBC).

So in our inter-connected world, some of the treasure that Russia needs is supplied by those who stand most opposed to the Russian invasion. The nations of NATO and the European Union are committed to reducing their dependence on Russian resources.  But in the meantime, Russia is still receiving payments for the gas and oil they export to the world.

The nations of Europe are scrambling to develop strategies to move away from their dependence on Russian gas.  The United States pledged to help, increasing exports of Liquid Natural Gas (LNG) which is converted to natural gas in Europe (Reuters).

Mis-Calculation

Today, Russia announced that they are cutting off natural gas sales to Poland and Bulgaria.  Their excuse:  in compliance with the international sanctions, Poland and Bulgaria are refusing to pay Russia for the gas in Russian rubles.  And due to the sanctions, Russia is unable to convert foreign currencies.  So they are cutting those nations “off”. 

Russia’s goal is to create division in the currently solid wall of opposition to the invasion of Ukraine.  Russia is reminding not just Poland and Bulgaria – but all of Europe – that they need Russian energy for their economies.  Were they to cut off Germany, the German economy would immediately go into recession, even though they are already in the process of “weaning” themselves from energy dependence on Russia  (Reuters).

But Vladimir Putin miscalculated the world response to his Ukrainian invasion from the outset.  Putin seemed to think that the rest of the nations would protest “loudly”, but ultimately acquiesce to his actions.  He believed that Ukraine was Russian “internal security business”.  And he has allies in that view, including Senator Rand Paul here in the United States.  But, as Secretary of State Anthony Blinken made clear yesterday in a Senate hearing, Ukraine is a sovereign nation, that should have the right to determine its own course of action and alliances.

So Putin was surprised by the world reaction to his invasion.  And he was even more surprised by the Ukrainian resistance.  What was going to be a two-week strike at Kyiv, taking the capital and chasing the Ukrainian President Zelenskyy away, has turned into a slogging battle on a three hundred mile front in Eastern Ukraine.  With the increasing help of the Western world, Ukraine may even defeat the vaunted Russian Army.

Cutting

Poland is ready.  They are already prepared to replace the Russian natural gas, even though it will cost their people more.  It doesn’t hurt that it’s spring-time in Europe, and natural gas needs are dropping anyway.  And Bulgaria is finding alternative sources as well.  

The one nation that absolutely needs Russia to sell natural gas, is Russia.  Without the profits from that leading export, the Russian military will be so far behind in “treasure” they will never make up the equipment losses in Ukraine.  As US Secretary of Defense Lloyd Austin said yesterday, US goals now are not only an intact Ukraine, but a permanently weakened Russia. 

Putin’s cutting off his nose, to spite his face. 

Essays on the Ukraine Crisis

Teaching Religion

Under the Lights

Joe Kennedy was a public high school football coach in Bremerton, near Seattle.  Joe was a man of great faith, and at the end of “Friday Night Lights” game he walked out to the middle of the game field, took a knee, and prayed aloud. He thanked his God for the game, the health of his players, and pledged his own continued faith. 

The first time he did it alone, without fanfare, as the team members sang the alma mater with the crowd in the stands.  The second time a few athletes skipped the alma mater and came out to join their coach.  Over the season, more and more players came out.  In fact, Joe invited players and coaches from the opposing teams to join him in the middle of the field as well.  

It became so popular that some players felt pressured to participate.  At least one reported that he participated against his own beliefs, afraid that if he didn’t, he would lose playing time.  

The Bremerton School District ordered Joe to stop.  It wasn’t the fact that he was praying, and it wasn’t even about being on the field.  It was that Joe, acting as an employee of the public school, was going immediately after the game, crowd in the stands, lights on, and centering himself on the field to pray.  The School District felt he was essentially leading his players in prayer on the field.

And what’s the problem with that?  

Teacher Influence

It should be apparent, in our “Don’t Say Gay” era, that teachers have enormous influence over the children in their care.  The “radical right” has found in that a potent talking point; teachers are so influential that states like Texas and Florida and Ohio are writing laws to restrict what they say, fixing a problem that doesn’t even exist.  While there is no foundation for “Don’t Say Gay”, there is one kernel of truth:  teachers do have a lot of influence over their students.

So when a loved coach like Joe Kennedy goes out and prays in front of the players and fans and God, under the lights at the end of the game; and offers his players the chance to join him – they will.  

If Joe was coaching at Bremerton Christian School, where parents are paying to send their children to be in a Christian environment, his actions would be perfectly appropriate.  But he was not.  He was a coach at a public school, a “government” school.  And he received a paycheck as a government employee, a coach. He represented the “government”, whether he liked it or not.  So when he made his public stand to pray, the “government” was encouraging prayer.

When I taught high school government, back in a less polarized time, I’d open my lesson on government and religion by saying a prayer in my class: “Hare Krishna, Hare Krishna;  Hare, Hare, Krishna, Krishna”.  I asked my students if this is what they meant when they said teachers should be able to pray with students in school.  That wasn’t the prayer they expected, and it started the conversation.  The point was clear:  most of my students didn’t mind “school prayer”, as long as it was the “prayers” they believed in.    

Playing Time

Playing time on a high school football team is one of the hottest issues in coaching.  Every kid wants “in the game”, and every parent wants to see their kid on the field.  It’s not like my sport of track and field, where the decisions are cut-and-dry; the fastest time, the farthest throw, the highest jump.  Football “field time” decisions are subjective, made by the coaches.  It’s easy for a marginal player to think that, “The coach doesn’t like me, that’s why I’m not in the game”.  And while that’s not usually true, any player action that might upset the coach, could become an issue of playing time.

So when the coach who’s making the decision indirectly “asks” players to join him on the field or in the locker room for prayer, some will see that as more than a religious decision.  It’s about “being a team player”, sticking with “brothers on the field”.  To a high school kid it’s all very coercive, whether they believe in the religious views or not.

In the Courts

Joe Kennedy took it as a matter of his own faith.  He refused to stop, and the Bremerton School District fired him from coaching.  He went to Federal Court, claiming that they violated his First Amendment right to freedom of religion.  The school responded that they if they allowed him to continue, they were violating their students’ same right. They would be allowing him to “establish” religion for the team.  The US Supreme Court has agreed to hear the case.

It is a different era.  The Supreme Court is dramatically “conservative”.  They may break the precedent of a wall between government and religion.  Five Justices might not see “the harm” of that prayer in the middle of the field.  And you’ll hear all sorts of comparisons to Black Lives Matter, Colin Kaepernick and Tim Tebow.  But there are a couple of critical points to consider.  

Kaepernick and Tebow both took a knee of the field, one during the anthem, one in end zone after scoring touchdowns.  There were both adults, in a game with other adults, and neither represented “the government”.  They acted on their own beliefs.

Player’s Decision

And the athletes on the high school football team could as well.  As a high school coach, I was very aware of both the staff role and the players rights.  If my players wanted to pray before their competition, they certainly could. We always had a team “huddle” before the competition, the last “sage” words from me – the coach.  Then, for several years, some of our athletes would move on to have a brief “prayer huddle”.  That was their right.  We (the staff) weren’t part of it.

I retired from coaching before Black Lives Matter, but if my athletes had determined they needed to make the protest and kneel during the national anthem, I would have supported their right to make that decision, without retribution.  I’m not convinced the school district would have agreed, but that’s what I would have done.

But through forty years of coaching, it was never my place to influence the religion (or politics) of my athletes.   I hoped to set a model of hard work, good fun, success, and create a “family” of love for my teams.  That was by far enough.  It was up to my athletes and their parents to determine religious matters. 

The Supreme Court should keep it that way.

A Bad Deal

Citizens United

Citizens United v Federal Elections Commission was decided by the Supreme Court in 2010.   In a five to four decision, the Supreme Court ruled corporations had the same “free speech” rights as individuals when it came to supporting political campaigns.  Previous laws limiting how much corporate political action committees (PACs) spent were ruled unconstitutional.  It opened the floodgates to unlimited spending in political campaigns.   Money may “makes the world go-around”, and it most certainly is how you get elected.

I wasn’t in favor of the Citizens United decision.  The end result was foreseeable. Billions of dollars are spent every two years on political campaigns. The “noise” drowns out any reasonable debate of the real issues.  Donald Trump said it best:  why bother to have a national debate where candidates have to answer actual questions, when they can buy as much media time as they need?

But Citizens United did made a clear point:  corporations have “free speech” rights.  They can spend their money in politics, and they can take political stands. 

Free Speech

The First Amendment states: “Congress (and by extension, the government, federal, state or local) can make no law…abridging the freedom of speech, or the press”.  While I don’t think the Founding Fathers had Exxon-Mobil, Apple, or Disney in mind, the Supreme Court did.  And their opinion is the one that counts.  

So what does that mean?  When I taught senior government in high school, I used this example.  If I stood up in a school assembly and called the Principal of the school “dumb”, I’d be fired.  Even though I am exercising my “freedom of speech”, I can still face consequences in my employment (even though the school itself is an extension of the government).  

But if I went to a Trump Rally in Delaware, Ohio, and was on camera talking about how great a guy he is, my school board can’t fire me for that.  That’s a legitimate exercise of my free speech, outside of the school setting, and the school is government.   No matter who my employer is, I probably can’t face job consequences for my private political views.

So to clarify:  the First Amendment applies to what the government can do, not so much what private individuals do.  And the United States Supreme Court determined that the corporations have similar free speech rights as individuals.

Which brings us to Florida. 

Doing Business

State and local governments all over the United States give “special incentives” to corporations to come set up in their area.  The most recent example of that is the Intel Corporation building a multi-billion dollar “campus” in Central Ohio.  The State of Ohio is spending millions on infrastructure to support the “campus” (Cleveland). And local property taxes are abated  (waived) for a number of years (Bloomberg).  That’s part of what “lured” Intel to Central Ohio, the support and waivers lowers their cost of doing business.  In return, Intel will bring thousands of jobs and millions, perhaps billions of dollars to the area.  It’s the trade-off state and local communities make all over the United States, the “cost of getting business”.  

When Florida “lured” the Disney Corporation to Central Florida, they gave Disney an amazing incentive.  They allowed Disney to incorporate their massive site as a government entity, a city in Florida.  Disney has their own city services; police, fire, sewage, water.  And perhaps more alluring, Disney can issue municipal bonds to support the expansion of their “services”, bonds that are cheaper than other forms of corporate loans.  There really is a Mayor of Disney World (Renne Raper, Mayor of Lake Buena Vista).

Disney and Florida cut this deal back in the 1960’s, when the area south of Orlando was a mixture of orange groves and swamp. And the state and the “city” lived happily ever after, or at least, until Ron DeSantis became Governor of the state.

(Disney isn’t the only corporation to get this kind of arrangement in Florida.  The Villages, now an over-fifty-five community of more than 80,000, is also its own “private” government, along with more than a thousand other districts throughout the state).

Don’t Say Gay

Over the past several months, the Florida legislature debated what has become known as the “Don’t Say Gay” law.  It restricts what school teachers can say about gender and sex issues, particularly at the primary grade levels.  The law is one of those that “fixes” something that isn’t actually “broke”.  Primary teachers aren’t teaching units on sexuality.  What they do is try to explain, at an age appropriate level, why Johnny has a Mommy and Daddy, and Mary has a Mommy and Mommy.  

What it also does is require higher grade schools report to parents when their children express gender interests other than heterosexuality.  In short, the teachers have to “out” to parents kid who might be gay, or transgendered, regardless of the consequences to the child. 

The Disney corporation kept silent through most of the debate.  They are a “family” institution in Florida.  But they have also been a very inclusive institution, employing LGBTQ people and encouraging LGBTQ customers to come to Disney World.  And Disney is Disney, one of the largest media corporations in the world. ABC, ESPN, History Channel, A&E, and Marvel Studios and Lucasfilm, are all part of Disney.  There was intense pressure on management both from employees within, and the LGBTQ community without.

Disney finally came out against “Don’t Say Gay” right after it was passed.  They vowed to help repeal the law, and offered $5 million to LGBTQ organizations organizing for the effort (CNBC).  Disney Corporation,  exercised their First Amendment right to Freedom of Speech, guaranteed by the US Supreme Court in Citizens United.

Paybacks

In clear retribution, the state of Florida has passed a law revoking the “special status” of Disney World. They now require the county government to take over the municipal duties Disney has carried out since the 1960’s.  Oh, and the good people of Florida would be “stuck” covering the costs of the municipal bonds of the now defunct Disney “government”.  

The First Amendment states that Congress shall make no law abridging the freedom of speech.  The Fourteenth Amendment applies those restrictions to the state government as well.  I’m sure Disney’s well-funded legal team will be in Federal District Court as soon as the ink dries on DeSantis’s signature.  

If Floridians in favor of “don’t say gay” want to boycott Disney, that’s their right.  If they want to put protestors in picket lines outside of Disney property (avoiding the public right-of-way) the First Amendment protects them.  But if the State of Florida writes a law specifically to muzzle Disney’s First Amendment right to free speech, it sets a dangerous and unconstitutional precedent.  It will likely fail, but regardless, it will cost Floridians a lot of money, in Court, or in assuming bond debts.  It’s a bad deal either way.

What Should Have Been

January 6th

It was in the harrowing days following January 6th, 2021.  The riot at the Capitol was over, the glass and paper and feces cleared from the floors and walls.  Congress showed more determination that many thought possible, a bipartisan focus on getting the electoral votes certified and the election over.  And Vice President Mike Pence, after four years of total fealty to every whim of President Trump; for the first time stood up and said “no” to rigging the electoral certification.  Perhaps being left in the basement of the Capitol for hours, hiding from the mob, without anyone in the White House even checking-in, sent a clear message.  The gallows erected on the lawn was specifically meant for him.

But we really didn’t know what was going to happen next.  Donald Trump remained in the White House, and there were still days before Joe Biden would take over.  The fences and barriers surrounded the Capitol, the “barn door” firmly closed after the horses were gone.  The National Guard patrolled the streets, twenty thousand of them.  There were more troops guarding Washington than any time since the Civil War.  

Complicit

Democrats were pressing for impeachment and removal of the President.  It was publicly known that he already considered declaring a national emergency and seizing near-dictatorial powers. Disgraced General Mike Flynn wanted troops to seize voting machines and stop the transition of power.  America held its collective breath for two weeks, waiting for the “other shoe” to drop.

But there was so much more going on than we knew at the time.  We didn’t know that there were many Republican Congressmen and Senators complicit in the attempt to subvert the electoral certification.  It wasn’t just the “crazies”: Gomer and Gosar, Brooks, Biggs and Boebert, Green and Gaetz.  There were “serious”  Congressmen and Senators involved:  Jim Jordan in the House, Cruz and Lee in the Senate, and many others who doing more than just “going along” with the mob besides fist waving Josh Hawley.  They were taking their Ivy League law degrees to the extreme, creating “legal” rationales for overthrowing the election results, a real coup d’état.

The Moment

But for some of them, things went too far.  They didn’t expect the rioters to “take” the building.  What was an “academic exercise” on how to subvert the Constitution, was all of a sudden, a personal physical threat.  They were running away down the halls from a mob who might do – anything.  So most “bailed”, backing away from Eastman and Navarro’s “Green Bay Sweep” and voting to accept certification of Biden’s election.

Speaker Pelosi and then-Minority Leader Schumer wanted to “solve” the problem by ending the Trump Presidency.  They first thought the quickest way was to remove him from the remainder of his term by the 25th Amendment.  But Pence wouldn’t initiate the process, and besides, so many of the Cabinet secretaries were temporary appointments, undyingly loyal to Trump.  It was unlikely they could muster the majority votes needed.

Pelosi knew her only other option to protect the Constitution was to impeach Trump, again.  If nothing else, it would keep his, and America’s, attention focused on the process.  While Trump broke the Founding Fathers’ precedent of peaceful transition, he could hardly proceed to declare a national emergency while impeachment was in process.  Even if it took longer than Trump would be in office, it could serve to prevent him from running for office again.

Acting Together

But that would require some Republican support.  Democrats controlled the House, but the causal action of this impeachment appealed beyond partisan allegiance.  Many Republicans in the House agreed that Trump should be removed.  They looked to their leadership, particularly Minority Leader Kevin McCarthy, for political cover.  If McCarthy and the other Republican leaders acknowledged the need to remove Trump, then they could follow suit without great political risks.

And if Mitch McConnell in the Senate supported impeachment, he would bring the needed Republican votes to remove the President, and more importantly, bar him from office for life.

We already know that for the first week after the Insurrection, McCarthy recognized Trump’s culpability.  He gave a speech on the floor of the House demanding that the President take responsibility for the Insurrection.  And, we now know, that he privately discussed asking the President to resign. McCarthy even considered supporting impeachment.  We know this, because last week  we all heard McCarthy’s own words,  taped in a conversation with Liz Cheney, about what they could do.

And, maybe, McConnell spoke the truth, once, on the floor of the Senate, immediately after the impeachment resolution failed.  He acknowledged that Trump was culpable for the Insurrection.  McConnell just didn’t have the courage to do anything about it.

Failing America

Sometime in the week after the Insurrection, McCarthy and McConnell and the other Republican Congressional leaders, made a purely political calculation.  They determined to step back from their duties to the Constitution and the United States, and preserve their personal political power.  McCarthy needed the “crazies” to vote for him for Speaker.  McConnell knew he risked his “leader” position, and perhaps would spend the rest of his career in the minority, if he stood against Trump.  

All of that was more important than what would become of the country, should the bipartisan front they presented on the night of January 6th, divide into partisan bickering.  So they sat back, and let the Democratic leadership take the “heat” for holding Trump responsible.  And by doing that, they doomed our Nation to years of more division.  They left Trump unaccountable, and eligible for re-election.

Alternative Facts

Kelly Ann Conway’s “alternative facts” said “out loud” what was going on behind the scenes.  There was no reason to accept “facts”, when a different, more palatable reason was available.  “Alternative facts” begat the “Big Lie”, that the election was stolen.  The “Big Lie” begat the Insurrection.  And when the Republican leadership failed to act after January 6th, they certified the “Big Lie” for millions of their party members.  And if the “Big Lie” is true, then all of the lies about the Covid vaccines could be true as well.  Hundreds of thousands of Americans died needlessly, because “alternative facts” became “the truth” for so many.

It’s still happening.  Ron DeSantis tells us that primary teachers are “grooming” children to be gay, or trans, or for kiddy porn.  Greg Abbott says that “Critical Race Theory” is subverting American education.  Josh Mandel says that illegal immigrants are taking “American” jobs. None of that is true, but so many Americans are “primed” to accept “alternative facts” that they believe.

The Republican leadership still in Congress, McConnell and McCarthy, had their opportunity to change the direction of America.  They could have supported the Trump impeachment, taking him off of the political “chess board” forever.  They could have acknowledged the truth.  And we now know that they knew all about it at the time; knew removing Trump was the right thing to do.  It was that absolute failure of political courage, their unwillingness to risk their own careers for the good of the Nation, that left us where we are today.

McConnell and McCarthy, and the others could have led us to do what was needed, and what was right. They knew it at the time.  

Instead, what should have been, wasn’t. 

Dirty Little Secret

The Alamo

I was an eighth grade American History teacher to over two hundred kids in the early 1980’s.  We didn’t have “class size” in our teaching contract, and our community was quickly going from rural to suburban.  All those eighth graders needed history, and they were crammed, thirty-five to forty at a time, in my pie shaped classroom with heavy-duty “electric” curtains for walls.  

We had the “standard” American History book, copyrighted in the late 1970’s.  The civil rights movement did change some things in textbooks.  There were a few more Black people mentioned beyond George Washington Carver and Booker T Washington.  But, as usual, the textbook reflected the “values” of the current era.  There were almost ten pages in our book about the Texas War of Independence.  That chapter was all about the “freedom-loving” Americans rebelling against the Mexican Government led by General Santa Anna, who dared to try to control what the “Texicans” could do. 

There was the glory of the Alamo, the last stand cemented in American legend by John Wayne’s movie.  It featured the famous “line in the sand”; those who would stay and fight, and those who would abandon the mission and leave.  The bedridden Jim Bowie yelled to be carried across on his cot.  Then there was the glory of the final attack, where the Texicans went down fighting, Jim Bowie using his self-named knife to the last.  And the final surprise Texican victory at San Jacinto a few weeks later, where the Mexican Army was “out-foxed”, caught asleep in their tents.  The Texans waded out in the river, shooting the fleeing Mexican soldiers in the water.

Textbook Sales

In fact, the textbook had more pages on Texas than World War I, arguably a more important event on American and world history.  And it wasn’t mentioned that the Texicans were rebelling because the revolutionary government of Mexico banned slavery.  The Americans came to Texas to grow cotton; they needed slaves to get the job done. 

It wasn’t until a Masters of Education class, that I learned why there was so much “Texas” in our textbook.  The State of Texas bought a single book for every eighth grader.  It was the biggest textbook sale a company could make.  So a national American History text was written to appeal to that Texas Department of Education.  Texas loomed large, because Texas was the “big money” in textbook sales.  And we in the little Southwest Licking Local Schools in Ohio bought that book too.

Textbooks still exist today, though the “supplementary materials” now include websites and interactive games.  But most schools still have use for the archaic tool of 1600’s education – books.  And those books, like in the 1970’s, reflect the values of our current era.

Critical Race Theory

Texas and Florida, and several other states passed laws restricting what could be taught in classrooms.  Ohio is considering such a bill, House Bill 616.  These are the “Critical Race Theory” and “Don’t Say Gay” bills that we hear so much about.  And once those bills are placed “in law”, they will require textbooks that reflect those values.  And that’s the dirty little secret.

Texas still buys textbooks statewide.  And while other states may allow some options in text selection, the new laws restrict what can be taught, and the textbook must reflect those restrictions. And it’s not just history texts.  Math textbooks use real life examples, and try to be relevant.  Now, “story problem” questions and examples try to reflect what’s in our kids environment.    

  In Florida there is only one publisher “acceptable” by Governor DeSantis’s administration for math books, kindergarten thru fifth grade.  The Accelerated Learning  Company of Houston, Texas, publishes the only math book that doesn’t violate DeSantis’s “Critical Race Theory” standards that were included in the “Don’t Say Gay” bill.  So every school in Florida is required to buy from Accelerated Learning.

Cashing In

Meanwhile, the new Governor of Virginia, Glenn Youngkin, is pushing the same kind of legislation for his state.  For those looking for conspiratorial connections:  before he was Governor, Youngkin was the CEO of the Carlyle global investment group.  And what is one of Carlyle’s big investments?  They acquired Accelerated Learning in 2018.

The polarization of America grows worse, so that even what eighth graders learn in history class depends whether they live in a “Red” or “Blue” state. So keep one other factor in mind.  There’s big money in education, and when states make “big” changes, like Ohio House Bill 616, there’s going to be big money spent to “revise” the educational standards.  

Here in Ohio, one former member of the state legislature got $60 million in bribes from an energy company. And there’s still plenty of money “floating” around the State House. So, if HB616 passes, keep an eye on who gets all the new textbook money.  That could be the next “dirty little secret”.

This is the Time

The Bomb

Hiroshima and Nagasaki:  the two places in the world where atomic weapons were used in war.  When the mushroom clouds bloomed over those cities, hiding hundreds of thousands of lives literally vaporized,  and warfare changed forever.  And for the last seventy-seven years the world’s nuclear powers found a way to keep from using those weapons again.  

Today nine countries in the world have “the bomb”, but two far and away have the most.  Russia and the United States each have over 6000 warheads. They range from “strategic weapons”, capable of destroying whole regions of country, to “tactical nukes” that can vaporize a tank column, or a ship.   

During the Cold War (1948-1991) an entire philosophy of strategic thinking developed around the use and avoidance of nuclear weapons.  The United States and the Soviet Union avoided direct confrontations, instead supporting “proxy” nations against each other.  It was safer:  direct confrontation meant the real possibility of escalation to nuclear conflict.

The Cold War ended on Christmas Day of 1991.  The Soviet Union collapsed, freeing many nations held against their will.  The Communist Soviet state was replaced by a nationalistic Russia.  They inherited the power, and the cost of maintaining, the nuclear burden.   The United States “won” the Cold War, and the “Communist menace” was no longer a concern. But the nuclear “balance” between the two nations remained.

Precedent

There are three ways that the two nuclear super powers can act.  The first is to accept the burden of “the bombs”, realizing that any direct military action against each other has the possibility of escalation to nuclear war.  The second is to act as if there are no nuclear weapons; and to act as a “common” nation, as if the “bombs” didn’t exist.  And the third is to use the threat of nuclear escalation as a cudgel, acting as a “rogue” state without concern for world immolation.

Russia has progressed through all three phases of super power action.  When the Russian government assumed control of the nuclear triggers, they worked in cooperation with the United States to maintain the safety and stability of the arsenal.  The biggest threat at the time was to “lose a nuke” to a non-state terrorist organization. 

But with the ascendancy of Vladimir Putin, the Russian actions became more like the old Soviet Union.  During the Cold War, they had ascendancy over Eastern Europe.  When Hungary or Czechoslovakia attempted to rise up against their Communist regimes, Soviets tanks took the streets, and the rebellions were brutally put down.  They were all within the Soviet sphere of influence. The West, specifically NATO and the United States, did nothing about it.

Sphere of Influence

So Putin learned.  He put down revolts in Chechnya and Georgia as brutally as the Soviets of old.  No one moved to stop him.  And when he sent troops into Syria to support the brutal Assad regime, the United States was on the way out of the region.  There’s no partisan split to this, both the Obama and Trump Administration let the Russians “get away” with abject cruelty to civilians in Syria.  The famous Obama “Red Line” was crossed – without retribution.  Trump seemed more than glad to withdraw US Forces from Syria, abandoning our Kurdish allies.

Putin considers Ukraine to be within his “sphere of influence”, even though it is a sovereign nation separated from the Soviet Union for over thirty years.  The Bush and Obama Administrations viewed Ukraine in much the same light, as the Ukrainian Presidency was held by Russian “puppets”.   But with the Revolution of Dignity in 2014, the Russian influenced leader was thrown out, and an independent government took charge.  Putin immediately moved to send irregular forces into the eastern Ukrainian provinces of the Donbas, claiming them as “Russian peoples”. Putin also seized the Crimean Peninsula, and maintained the strategic Russian Naval Base at Sevastopol. 

What Changed?

The Obama Administration protested and levied some sanctions, but didn’t do much else.  President Trump seemed to undercut the power of NATO as much as possible.  And they too still considered Ukraine within Russia’s “influence”.  But the development of the Ukrainian government since then, and particularly with the Zelenskyy Presidency, has changed Ukraine’s status in the eyes of the United States, and the world.  But not in the eyes of Vladimir Putin.

When Putin invaded Ukraine, he was operating under the old, Soviet era rules.  But the Biden Administration made it clear that the United States, and NATO, no longer viewed Ukraine as within Russia’s “sphere of influence”. Newer NATO members Latvia, Lithuania, Estonia, Poland, the Czech Republic, Hungary, Slovakia and Romania were all once under Soviet control, but now were protected by Article Five of the NATO Charter.  An attack on one NATO member is an attack on all.  They, and the rest of NATO, saw the Russian invasion as a threat to all.

Ukraine War

But even then, if Russia could have pulled off their “decapitation” strategy, they would have succeeded and captured Ukraine.  NATO and the West would have protested and boycotted, but a Russian fait d’accompli would have held.  It was only when Ukraine was able to resist, and slow down the Russian blitzkrieg, that the rest of the world seriously considered what they could to do help.

So here we are in phase two of the Ukraine War.  Russia has pulled back from its decapitation strike at Kyiv, and is now waging a three hundred mile long attack along Ukraine’s eastern border.  And, with a lot of material help from the West, Ukraine is defending itself.  The fighting over the next several days will be fierce, as Putin desperately tries to “finalize” Ukraine before his self-imposed May 9th deadline.  But if he can’t, if the Ukrainian forces can hold Putin to a stalemate for the next few weeks, then what happens.

Victory or What?

Putin will try to find a way to “declare victory” and leave.  He might be able to do that with a conquest of the Eastern Provinces, or by cutting Ukraine off from the Black Sea.  But if the Ukrainian Army prevents him from achieving either of those things, what then?

It’s hard to see Putin withdrawing in defeat.  His next  step might be to use some battlefield armament that change the odds, and invert the situation.  What can do that?  Weapons of mass destruction (WMD) – chemical and nuclear.  But if he uses either, he will risk an equal response, not from the Ukrainians, but from NATO and the United States.  

And why should the West respond to Putin’s use of WMD?  Because if we don’t respond, we normalize the its use.  We can see, after this first month in Ukraine, that the vaunted Russian Army “ain’t” what we thought it was.  The Russian Air Force cannot even maintain supremacy in the Ukrainian skies.  So it is in the West’s interest to make sure that Putin cannot “balance the scales” with WMD.

If this sounds like a recipe for direct US-Russian confrontation – it is.  But allowing Russia to use weapons of mass destruction with impunity may be a far worse choice.  Putin has made it publicly clear that his goal is to re-establish the Soviet Union under a new Russian Empire.  Ukraine is step one, Moldavia step two, but step three puts Russia in direct conflict with a NATO country. 

It’s not going to be a matter of “IF” we act, it’s going to be a matter of “when”.  This battle in Ukraine is the best time.

Essays on the Ukraine Crisis

Even the Stupid Ones

A Nation Divided

I’ve been writing essays about American politics for over five years.  Throughout that time, our political world has grown more divided; with a greater chasm between the left and the right.  Like the 1850’s leading up to the Civil War, our nation is polarized. The two sides are hardened in their views, and conversation between the two more and more dissonant.

We see it in elections, where a narrow electoral margin in a state like Florida marks an incredible swing in policy.  Republican Ron DeSantis won the Governorship in 2018. He defeated Democrat Andrew Gillum by around 30,000 out of well over 8 million votes cast.  In other eras, DeSantis would have seen the narrow victory as a message to govern “from the middle”.  

But in our modern times, DeSantis determined to govern even farther from the “right” than he ran.  Current Florida actions over LGBTQ and abortion rights and immigration all put the Sunshine state on the extreme right of American politics.  Elections do have consequences, but what an extreme from a result of less than one half of one percent.  How different would a Gillum governorship have been?

Old Equation

It used to be political short hand:  forty percent will vote for one side, forty the other, and how the ‘swing voters” in the middle, the twenty percent “undecided” voted, would determine the election.  The battle of campaigning was in winning the majority of the twenty percent – ten percent plus one.  That’s the “old school” of politics.  In the Democratic Party a successful candidate would “tack” left in the primary, to appeal to the middle of the Democratic base,. Then he would “tack” back to center in the general to gain the “10+1”.  A Republican candidate would do the mirror opposite, “tack” right in the primary, center in the general.

But our current politics seems to be less about the middle.  Or more correctly, the “middle” has changed.  So many voters are single issue voters, those who vote only about abortion, or guns, or one of the “fake news” issues like Critical Race Theory. It makes it so difficult to find a “middle” for a candidate to “tack” towards.  So many don’t.  They simply double-down on their base. They hope that their forty percent will show up more than the other side’s forty percent, and that the middle will “wash-out” in between.

It’s proven to be successful – in the Virginia Governor’s race in 2021, for example. The “right” forty percent showed up, the left’s did not.  And it certainly mirrors our current lack of a “compromise” middle candidate, or a new “middle” political party.

Outside the Box

But there’s a whole other “outside the box” model of electioneering.  In the biggest turnout election in American history, just two years ago, over 158 million voters went to the polls.   But that’s still short ten million voters who were actually registered to vote. And even more, it was eighty million short of the total number of adults eligible to vote.  So there’s a huge block of potential votes that are beyond the usual parameters of traditional American voting and campaigning.    And, while that huge number of Americans don’t vote, they often are counted in the polling that we look at to determine where the nation is going (or how to target a campaign).

So here’s another question. If a campaign could tap into the great mass of Americans who don’t vote at all, what difference might that make?

Who’s Right?

The Democratic left believes that, since the vast majority of non-voters are “working class”; an appeal to their economic interests might convince them to add their voice and vote to the political “fray”.  That is the strategy of the Democratic Socialists, who are convinced that there is a way to reach that great untapped resource of voters, and get them to the polls.  And maybe they’re correct – at least, the  political right seems to think so.  

Because the strategy of the right seems to be to make sure those un-registered voters find it most difficult to register and vote.  The more complex the system can become: identification, voting precincts, time to actually cast a ballot, and just general “hoops” to jump through; the less likely someone is to be convinced to  be a “new” voter.  The right-wing strategy seems designed to keep those non-voting “working class” folks from voting.  So maybe they DO know something that many of the rest of us don’t acknowledge.   There is a great untapped voting resource, and if it is reached, it will go left, not right.

It makes logical sense.  If the “right” thought that the mass of non-voters would vote for their causes, then they’d make sure that everyone, every single one, would get to vote.  

Not So Stupid

There’s a television advertising campaign for investing in digital currencies.  In one commercial, the comedian Larry David portrays a member of the American Constitutional Convention.  When the idea is agreed to that every citizen will be allowed to vote – he takes exception.  “Every citizen, even the stupid ones?” he cries out, just before he leaps for the parchment document to try to tear it shreds. 

It seems that this may be our future argument.  One side, the side “on the right”, is using voting law restrictions to say – “No, not the stupid ones”, because they fear that “stupid” is on the left. The other side, “on the left” is saying “yes, everyone, even the stupid ones, and they’re not so stupid”.  And at least one political party, my party, the Democratic Party, still seems hellbent to govern from the middle, on the old model of American politics. 

 That’s the model I grew up and campaigned with all my life.  But maybe we need to ask – is it time to be “radical” and demand that everyone, all 240 million of us, get to vote (yes, even the stupid ones). Finding a way to motivate those potential voters is the key.   Because that vote will represent the greatest common interest of America.

The Winning Message

Rivals

Petro Poroshenko was on American cable TV this morning.  Poroshenko is the former President of Ukraine, defeated in the 2019 election by current President Volodymyr Zelenskyy.  Poroshenko remains in Kyiv, still fighting for his country.  And though he is under indictment on corruption charges, he has stepped up as a Ukrainian public figure defending his nation against the Russian invasion.

The Zelenskyy administration is playing a “weaker” hand against the Russian military might, but where they are absolutely winning is in media strategy.  Part of that is just the nature of the story:  Russia is, in fact, invading a sovereign country to try to force them to “align” with Russian interests.  It’s hard to make a good story in favor of  “Goliath” at the gates.  And while Moscow tried to create three alternate “theories” to support their invasion, none of them have caught on with the world.

Three Strikes

First, Russia claimed to be invading out of their own national interest, to prevent NATO from being “on the border” of Russia.  Of course, NATO is already on the border of Russia all along the western border, from the Baltic to the Black Sea. There’s nothing different here.  And Ukraine’s flirtation with NATO was mostly driven by Russia’s looming threat, a self-fulfilling prophecy anyway.

Then Russia invaded to “protect” the Russian speakers in the Eastern provinces of the Donbas, similar to Hitler’s protection of the Germans in the Sudetenland of Czechoslovakia in 1938.  (Yes, I just violated “Godwin’s Law”, referring any current action to Nazi Germany.  But it’s truly the best example of what Russia is doing). The problem:  many of the so-called “Russians” in the Donbas are Russian speakers, but see themselves as Ukrainians, not Russians. 

Finally Russia itself violated “Godwin’s Law”, by claiming that their invasion was to stop Nazis who were taking over Ukraine.  There are, in fact, Fascists groups in Ukraine similar to Nazis.  But, much like the Fascist groups here in the United States, they are small and have little political power.  (Fascists in the United States?  Remember the chant – “Jews will not replace us,” in Charlottesville?) They didn’t represent a “threat” to anyone, but they did provide one of the excuses that Putin needed.

And for those who claim the US media doesn’t give Russia’s “side” to this invasion, consider this.  When the tanks rolled across the Ukrainian border, Western reporters were covering the Kremlin, going to press conferences, and doing full reports from the streets of Moscow.  But that soon changed:  Putin ordered anyone who referred to the action as an invasion or a war sent to prison for up to fifteen years.  There are reporters all over Ukraine, reporting unfettered except for Russian bombs.  Is it any surprise that the Ukrainian side is told in more depth?  US news networks would love to be embedded with the Russian invasion forces – if the Russians would allow it.

The Story and The Facts

Zelenskyy tells a compelling story; the story of David against Goliath, of a peaceful homeowner defending his own front yard.  Whatever else Putin does, he lost the media battle when he cut himself off from the world. And then Putin’s media plan went from bad to worse.  The “little” Ukrainians stopped the vaunted RUSSIAN TANK FORCE – the FORCE that drove the Nazis from Stalingrad and Leningrad and captured Berlin in World War II.

Russia lost its Black Sea Fleet Flagship  to Ukrainian missile attack, the Moskva.  The Russian Army had multiple commanding generals killed on the ground (targeted because they were talking on cell phones “in the clear” during battles!).  So they have resorted to a murderous strategy of killing civilians and destroying cities.  And it’s all on world television.  

Zelenskyy has united the Ukrainian message.  Even his political rival, Poroshenko, responded  with the same “talking point” as the Mayor of Kyiv, the young members of Parliament, and even the fifteen year-old refugees in Poland.  We need more weapons, or as Poroshenko said:  “We need three things:  weapons, weapons and weapons”.  

There are tens of thousand’s dead on both sides of the Russian invasion of Ukraine.  While the Ukrainian media strategy is “winning”, what the winner gets is more weapons to kill more of the enemy.  That’s what Ukraine needs – but it also means that the war will continue.  The Russian “deadline” for a victory is quickly approaching – May 9th.  The blood and violence will surely get worse before it gets better.

Essays on the Ukraine Crisis

A Scouting Story

In the Dark

It’s 4:15 am on Easter Sunday.  After a wonderful Saturday evening out with Jenn and the kids, 4:15 is “way too early” for anything.  But the “younger dogs” are up, and excited, and need to go outside. There’s nothing else to do, other than stagger out of bed, and let them out into the darkness of our fenced-in backyard.  They’ll be back soon, the lure of “carrots-carrots-carrots” is too strong, then it’s try to go back to bed.

But of course, by then it’s too late to go right back to sleep.  4:15am on Easter Sunday morning actually holds a fond place in my memory.  When I was a kid, twelve and thirteen and fourteen, the Easter Sunday morning darkness was reserved for Boy Scout Troop 229.  

We lived in Kettering, Ohio, a south suburb of Dayton, in the late 1960’s.  Dad was running the TV station there, and I started my Scouting career in Cub Scout Pack 229 at Southdale Elementary School.  Back then, that was what most suburban boys did, start out with fifty other boys in the blue of a Cub Pack, then transition as a “Webelo” to the connected Boy Scout Troop.  Soon I started working my way up the “ranks” of Troop 229, both individually (Tenderfoot, Second Class, First Class, Star, Life, Eagle) and in leadership positions.  I was an Assistant Patrol Leader, Patrol Leader, and finally the Senior Patrol Leader, the “head kid” of the Scout Troop.  

Head Kid

So on Easter Sunday morning I was the “SPL”,  the boy in charge, and there wasn’t much choice for me about staying in bed.  The City of Dayton held an Easter sunrise celebration at the Carillon Park, located just on the south side of downtown.  The Carillon bells would ring in the rising sun, and there were songs and prayers to celebrate the day.  Our Troop was in charge of handing out the programs and directing folks in the dark as they arrived.  

It was a “full dress” Boy Scout exercise, with our (then) green uniforms, complete with our Troop’s own neckerchief.  Each Scout wore all their accumulated medals, some of us “clinking” as we walked.  We also had the red “Jac-Shirts” for the usually cold Easter mornings. Then there were the merit badge sashes, the round emblems marking our progress towards the ultimate individual rank goal:  Eagle Scout.  Six of us were working together, earning specialized knowledge of things like First Aid, Canoeing, Camping, Hiking, and Citizenship, and also skills like Drafting and Woodworking.  

It took twenty-one merit badges to get to Eagle, and having a crew working together made it easier.  That was especially true when it was time to do our “Projects”, the culminating service project that each Eagle candidate was required to create, plan, and carry out to prove that they had the organizational and leadership skills to meet the “Eagle Standard”.  You couldn’t do it on your own, you had to involve others to make the project work.  And since we all needed each other, it made the effort easier to get done.  All six of us were awarded our Eagle Medal together.

Sleepy Eyes

Looking back I feel a lot of sympathy for Dad on those Easter Sunday mornings.  He and Mom enjoyed Saturday nights more than I knew at the time, and Dad was the only driver in the house.  So it was up to him to get me to the Carillon Park in the darkness, something I’m sure he wasn’t very happy with.  But he never complained to me.  I’m sure there was a lot more coffee involved than I realized at the time. 

It was a challenge for me, corralling thirty-some sleepy kids in green and red in the cold darkness at the Carillon.  But I had good Patrol Leaders who each had their squad of kids to marshal into the right positions, and our “well-oiled machine” of kid leadership got the job done in spite of the sleep in our eyes. 

Scouting Way

Easter Sunday morning was just one example of the Boy Scout “way” of teaching leadership to young boys (now boys and girls).  After the ceremony, we got a chance to check out one of the original Wright Brothers airplanes, housed right next to the bells.  Dayton was the Wright Brothers home, and while they flew first in North Carolina, it was in the fields near where we rode our bikes that they really developed the machine that changed the world.  Orville Wright had only died twenty years before.  We marveled at the wood and canvas “kite” with an engine.

Then it was head for home for Easter Sunday – breakfast and Easter baskets and family.

It’s amazing how much Boy Scouts impacted my life.  The skills I used as a teacher and a coach and an organizer I can trace back to the teachings of the adults in Troop 229 in Dayton, and even more Troop 819 when we moved to Wyoming near Cincinnati.  And talk about habit:  my “medals” from Scouting are still in the top drawer of my dresser, ready to pin on a uniform shirt (that surely wouldn’t fit) in a moment’s notice.  

I was trying to get an outdoor fire going at the restaurant last night, as we sat outside in the wind watching it whip up Buckeye Lake.  Jenn commented – “well, he’s an Eagle Scout”.  Some things stick, even fifty-plus years later.  

The Sunday Story Series

HEY DEMOCRATS!!

Counting the Cost

My fellow Democrats – this essay is for you.  I know, we are disappointed.  When Joe Biden was elected, we hoped for change (wasn’t that an Obama slogan?). There was so much to get done.  The list was long:  voting rights, police reform, health insurance reform, student loan forgiveness, infrastructure repair, tax reform, LGBTQ rights, early childhood education, affordable child care.   And there was also Covid, Afghanistan, China, inflation, and now, the Russian invasion of Ukraine.  

After a year and a half, it just doesn’t seem like much has been accomplished.  Sure we managed to pass Covid relief bills.  But Covid itself seems to be endemic now, something we must learn to live with.  When Joe Biden took office, there were 400,000 Covid deaths in the US ten months after the pandemic began.  Now, fifteen months later, the death toll is approaching one million.  

Covid treatments have improved, the vaccinations seem to help, but the reality is that Covid is doing what Covid wants.  The chance to “stop Covid” ended somewhere around June of 2021, when vaccinations and masks stopped being about medicine, and became all about political identity.  Now Covid deaths seem to be a function of politics – did your ideology allow you to get the vaccine or not.

Frustration

We thought that the death of George Floyd and the conviction of his killers would change how America is policed.  But evidence shows that little has changed.  Today the news is filled with another video: an unarmed Black man killed by a police officer.  He was pulled over for a car license violation. It escalated into a life and death struggle.  That continues to happen in our nation, as do mass shootings. We seem helpless to make changes.

The Biden election triggered a tsunami of “voting reforms”, with the purpose of keeping people from the polls, and electing Republicans to office.  The solution to those “reforms” sits in the US Senate, unable to overcome the united block of Republican Senators, aided and abetted by two Democrats.

Skin of Our Teeth

And that’s the point.  While Democrats won the White House, their grip on the House of Representatives and the Senate is tenuous.  In the House, only four votes kept Nancy Pelosi in the Speaker’s Chair instead of Kevin McCarthy.  Those four votes allowed the investigation of the January 6th Insurrection, an event that literally would have been swept under the rug, like the broken glass from the halls of the Capitol, had McCarthy been in charge.  

But a four vote margin means that any small block of Democratic Congressmen can control what becomes law and what does not.  That’s not the Democrats “fault”.  Republicans in both the House and the Senate have simply refused to participate in governing. Sixty Republican Congressmen even voted against military support for Ukraine.  No deal can be made that brings them across the aisle, so Democrats must do everything by themselves. They even had to increase the debt limit so that the United States doesn’t go into default without a Republican vote.  That empowers every four Democratic Congressmen with a “veto” on every proposal.

Minimal control is even worse in the Senate. Democrats and Republicans are tied at fifty-fifty.  Only the Democratic Vice President’s tiebreaker gives Democrats control.  As President Biden said, every Democratic Senator has a “Presidential veto”.  And, because Republicans have, as a block, refused to participate in “running” the nation, two Democratic Senators in particular have stopped many of the most important legislative proposals.

Hope

Democrats shouldn’t focus their ire on Manchin and Sinema.  It’s 2022, and there’s an election in November.  I’m well aware that “history” informs us that Democrats will probably lose seats in the House and Senate.  And since there are almost no seats “to lose”, Republicans are looking forward to regaining control of the Congress again.

But that doesn’t have to be.  The Senate is primed for Democratic expansion, in spite of the state voting law restrictions.  Tim Ryan in Ohio, John Fetterman in Pennsylvania, Cheri Beasley in North Carolina, Mandela Barnes in Wisconsin and Val Demings in Florida all have strong candidacies to win current Republican seats.  Raphael Warnock in Georgia, Mark Kelly in Arizona, and Catherine Cortez Masto in Nevada need to defend their seats as well.  Should most of these candidates win, then Manchin and Sinema will have less impact on what happens.

That’s especially true when it comes to Presidential appointments.  Republican Senate Minority Leader Mitch McConnell has already made it clear.  If he controls, Joe Biden will not fill another vacant Supreme Court seat.  While Democrats thought about “Court Packing” before the 2020 election, McConnell has discovered “Court Shrinking” as a way to maintain his conservative majority on the Court.

The Bottom Line

And while Speaker Pelosi’s control of the House looks even more at risk, re-districting may ultimately favor Democrats over Republicans, despite the “Red Map” Republican efforts to gerrymander.  Former Attorney General Eric Holder and attorney Marc Elias’s Democratic efforts in the Courts have held the worst Republican map-manipulations to a minimum.  

The bottom line:  Democrats can bemoan their failures, stay home in November, and let Republicans gain control of the House and Senate.  We can say “a pox on both your houses”.  And then, things will get infinitely worse.  Or we can get to work.  We can register voters and get them to the polls, regardless of the new voting restrictions.  We can work for candidates, and most of all, we can SHOW UP in November.  

If we do, the actions of Manchin, Sinema, and the Republicans; won’t matter.

26 Days

Victory Day

On the 9th of May, 1945, German General Dietrick Von Saucken’s Second Army surrendered to  Soviet forces, ending the month long battle for Berlin, and World War II in Europe.  Almost 200,000 soldiers died in the battle, with at least 20,000 civilian deaths as well (though accurate civilian numbers were impossible to know).  It was the triumph of Soviet military power over the Nazis, the final “comeback” from the defeats of 1941 and ’42, when Nazi troops stood at the gates of Moscow.

May 9th is celebrated today in Russia simply as “Victory Day”.  Originally it was the victory of Communism over Nazism, now the victory of Russia over the German fascist regime.  

Russian President Vladimir Putin is acutely aware of the symbolism of “Victory Day”.  It’s why Russian propaganda about the current Ukraine invasion claims that Russian troops are trying to “cleanse Ukraine of Fascists”.  When Russian troops knocked on civilian doors on Bucha, they demanded to know where the “Nazis” were.  Many Ukrainian civilians were executed for being “Nazis”. 

It’s what motivated Russia’s conscript Army, living up to their great-grandfather’s stories of The Great War against the Nazis.  Those soldiers thought that’s what the invasion of Ukraine was all about. And it’s why there’s a current moral issue in the Russian Army has now.  The soldiers discovered that the Ukrainians weren’t “Nazis” at all, but more like their friends and neighbors back at home.  Instead of heroes rescuing Ukrainians from fascists, they realized that they are invaders.

Deadline for Victory

But the “Victory Day” story is still the one that Russians are seeing on their media.  Gaining “victory” by May 9th is the unwritten deadline Putin has set for his military commanders.  But since the Ukrainians stopped the “blitzkrieg” offensive to Kyiv, and shown that there will be a stubborn defense of every inch of Ukrainian soil, what “victory” means to Putin has changed.

He cannot conquer Ukraine.  So he must find an alternative “victory” to give the Russian people, and he’s got twenty-six days to do it.

The Russians are maneuvering to support a new strategy:  to break away the eastern regions of Ukraine to become a separate country, beholden to Russia.  And he’s made it clear that he will conquer the region regardless of the cost to the Ukrainian people.  Look at the city of Mariupol, now leveled, with tens of thousands of civilian casualties.  It is what Putin wants every Ukrainian to see, surrender, or face total destruction if they stand against the Russian forces.

Re-Arming

But Ukraine is clear – there will be no surrender, anywhere in the country.  And as the Russians regroup, the Ukrainians are rearming.  The United States and NATO are getting more sophisticated weapons to the Ukrainian Army.  It’s a complex dilemma for the United States; the Ukrainian Army is essentially equipped with Soviet era weaponry.  The US cannot just supply them with American complex armament, the Ukrainian don’t know how to use it.  So the US is finding older Russian and Soviet weapons, from other former countries under Soviet control, to move quickly into Ukrainian hands.  

That is, by the way, why there was such a controversy over the Polish MiG 29’s that were offered several weeks ago.  Ukrainian pilots can’t just switch over to US planes, they are trained on MiG’s.  But the Poles were unwilling to risk directly transferring the planes and risk further Russian ire.  They wanted to gives the MiG’s to the US Air Force at Ramstein AFB, to then be given to the Ukrainians.  But the US didn’t want to be the intermediary, and so the deal fell apart.

Putin’s Choice

Vladimir Putin has one choice for victory in Ukraine now, a scorched-earth policy of civilian destruction.  He’s brought in a new commanding General,  Alexander Dvornikov, known as the “butcher” of Aleppo and Grozny for his brutal battle tactics without regard for civilian casualties.  He’s moved his armies away from Kyiv and the northern borders, to an all-or-nothing attack along the east and south.

And Ukraine is rushing to move their troops to counter the Russian shift, and to re-arm them with the weaponry pouring in across the borders from the West.  US drone weapons, anti-tank missiles, and even Russian made helicopters are headed into battle.  Both sides recognize:  whatever is going to happen, it’s happening in the next twenty-six days.  Putin’s personal deadline is near.

Essays on the Invasion of Ukraine

Hypocrisy Anew

What God Did

I know I’ve written about this a lot – but the cynical cruelty of Republican governments in Texas and Alabama and Arkansas – why it’s literally breathtaking.  With the stroke of a pen, those three states (and more to come I’m sure) are attacking some of the most vulnerable kids in our society.  They are attacking the incredibly small percentage who, through no fault of their own, are transgendered.

Governor Ivey of Alabama made it plain: the transgendered do not fit in with her religious ideals.  They should be “what God made them” she said.  So let’s start with the First Amendment. It says Congress (and through the 14th Amendment, the state legislatures) shall make no law establishing religion.  But Governor Ivey in Alabama, and the other Governors and State Legislatures, are placing their version of conservative Christian doctrine into law.

In Their Heart

Think of a transgendered teenager.  In their brain, in their heart, in their whole being, they know they are not their “birth gender designation”.  It’s not a “mental disorder”, science demonstrates that gender is based on a whole series of genetic variables.  Only a few of those relate to what visibly are called “sex characteristics”:  ovaries, testicles and such.  That’s what the hospital puts on the birth certificate, but we now know that there is so much more to gender than the obvious.  The rest relates to brain function, the gender of the “brain” .

So that brain, heart, and being, are trapped in the wrong body.  And as puberty hits, that body betrays that brain, heart and being, with every development.  Is it any wonder that 80% of transgendered folks have considered suicide, and 40% actually attempted it.  So these few kids, so trapped, turn to parents and other adults for help.  And there is help:  doctors can prescribe drugs to stop secondary development, visibly breasts and hips in one case, beards, hair and muscles in the other.  It’s not surgery, it’s delaying the onset of what we all know occurs.  Surgery isn’t an option for children; in almost every case, gender altering surgery is only available to adults.

The Few

It’s such a small number of children.  And it’s not a “fad”, something that kids will somehow outgrow.  We all went to school, we all remember how much we wanted to fit in, to be “normal”.  But those kids aren’t “normal”, they are physiologically different.  And the laws or regulations of those states are sentencing them to their worst nightmare:  being trapped in an opposite gendered body.

What are those laws and regulations doing?  In Texas, it’s currently considered child abuse to prescribe drugs to halt puberty, a felony crime.  The Alabama law will do the same.  With the whole weight of the authority of the State, doctors are ordered to stop treating these adolescents.  The “children’s services” departments have been turned to seek out those “breaking” the new rule, and charge them for “child abuse”, doctors and parents alike.  Teachers are ordered to report possibly transgendered students to parents and the “authorities”.  

Political Points

Not only have they cut away the medical supports from those kids, they are cutting away their other support systems as well. The politicians are “enforcing” a singular religious view – and they are using that “enforcement” to benefit politically. It’s the same political force that demanded that Covid vaccination and mask wearing were matters of personal choice.  Personal choice: but only when it’s applied to them and their supporters, not when it’s applied to the children and parents who are dealing with one of the most difficult conditions a family can face.  Calling them out as hypocrites hardly has the depth to describe those taking this political position.

In our incredibly polarized political climate, it feeding “red meat” to the base.  The right has discovered “sex” as their new talking point – whether it’s the transgendered, or their ridiculous efforts to discredit a Supreme Court nominee as “pro-child porn”.  They are appealing to “jack up” their base, heighten their excitement, and drive them to the polls in a state of righteous indignation.  

Bullying

These efforts to attack the transgendered only work because the government “knows”. A transgendered person is invisible, except that the schools have records, or the driver’s license bureau demands birth certificates. These children and families are quietly working through a most difficult crisis, but the “state” uses the power of bureaucracy to drive them out into the public, and then demand they, “…be what God made them”. It’s the height of authoritarianism, a jack-booted principal standing at the restroom door demanding, “Show me your papers”.

If you believe in God, those children are, “…what God made them”.  And any merciful God would want these few children to be happy, not trapped.  And certainly not bullied by politicians, supposedly acting “in their welfare”, but really only seeking a few more votes on election day.  It’s subjugation, it’s disgusting, and it’s wrong.

What’s Missing

This probably should have been a “Sunday Story” – but here we are on Monday, and I have a story to tell.

Testing

I’ve never tested positive for Covid.  But, I’m a sixty-five year old “retired” guy, so I don’t necessarily take Covid tests often.  Jenn and I don’t intentionally “isolate” ourselves, but we aren’t out in the “workplace” every day, and we can go days without direct contact with other people.  So if we don’t feel good, we just hang out at home.

But somewhere in the last few months, Covid must have come a-calling.  January neither one of us felt very good.  We both took several Covid tests, and were negative each time. But we both felt lousy.  I can tell you the two days I felt good from New Year’s to the end of the month. We thought it was just the typical winter cold or flu.  There was a lot of NCIS and Law and Order SVU on TV:  and we spent most of the month by the fire in our lounge chairs.

So why do I think we had Covid then?  

What’s Missing

We have five dogs.  Five dogs means that there is a lot of “poop” to pick up in the backyard, several days a week.  And that’s my job, the “poopologist” with the special tools and bucket, gathering up the poop.  The dogs think they’re very important, as I gather all their poop, and they get all excited while I’m out there.  But, since January, I do notice a big difference.

I can’t smell poop.

In fact, I can’t smell the coffee in the morning.  I don’t smell the rain coming in, or the steaks on the grill, or the diesel fumes of the truck in front of my Jeep.  For a man who has prided himself on an acute sense of smell (the result, of course, of a “prominent” nose); it’s gone.  The only thing I think I smell – dust.  You know that smell when you first turn the heater on in October, that smell of cooked dust coming out of the ducts?  I smell that, all the time.  

I was a track coach, and I got really used to the smell: old shoes, moldy sweats in the locker room, and sweat soaked athletes after a tough workout.  I’m still track officiating, but there’s no smells there – at least that I can smell.

Smell, by the way, is closely associated with taste. Half of the “good part” of eating, is smelling the food being prepared, and getting that anticipatory “sniff” just before a bite hits your mouth. I can still taste, some, but without smell it just isn’t the same. How bad is that? We had scrambled eggs and sausage yesterday for “Sunday” breakfast. I had a bite, then went and got the “hot sauce” out of the refrigerator. I never use hot sauce, at least, I never used to use hot sauce. But I did yesterday – maybe I lost some of my sense of taste as well.

Brain Fog

Not being able to smell is actually annoying.  But last week I had a different symptom, which was a lot more concerning.  I woke up one morning, and my brain just wasn’t working.  I struggled through the morning “ritual”:  feeding the dogs, cleaning up the kitchen, putting the dishes away.  Then  I sat down in front of the computer, and put the dreaded “blank page” up on the screen.  Nothing happened – I couldn’t form a thought on paper.  It wasn’t like being hung over – hangovers make you feel bad, but don’t stop you from thinking how bad you feel.

 I went to the hardware store – and couldn’t remember what WD-40 was called (it’s a penetrating oil).  Instead I asked for 10W-40; that’s a motor oil for the car, and Steve at the store looked kind of incredulous as he pointed out the entire wall with the 24” letters saying “MOTOR OIL”.  

And then I went to Kroger’s – and I had “one job”:  get macaroni and cheese.  Jenn loves it, and we buy it all the time.  And the key is to buy one that doesn’t need milk, because we generally don’t have milk around.  I spent ten minutes examining boxes, discovering which of the several versions of Kraft Mac and Cheese didn’t need milk.  Finally, I figured it out – then still ended up buying five boxes that needed milk.

When I came home, I found myself missing words I needed, unable to find the right ones to explain what I wanted to say.  Again, I’m sixty-five.  Did I have a stroke and not realize it?  But all of the “physical” signs were fine so I did what any good “Dahlman” does when something isn’t working right.  I went to bed.

Testing-Testing

A couple of hours later I woke up, and everything was normal.  Every word was there when I needed it, the blank page on the computer screen wasn’t insurmountable, I knew the difference between penetrating oil and motor oil and Kraft Mac and Cheese with and without milk.  

Another Covid symptom is called “Brain Fog”.  I get what that is now.  For one morning in April, my brain was definitely more than fogged.  It was what my mother would have called a “pea-souper”.  But a few hours later, I was functioning fine, at a track meet, every event and action in place.

So now I wake up in the morning and do a “mental agility test*”.  As I prep five dog bowls I think about my personal “challenge”:  name the nine members of the Supreme Court, the original five Rolling Stones, the Christmas flowers I can never remember in December, and the name of the Republican Congressman who represents us in Washington. Oh, and the two vegetables I always struggle with – broccoli and brussels sprouts.   If I can do that, then there’s no “fog” going on today.

I took another Covid test this morning, while I was writing this essay.  It’s negative, and it’s out into the world for another track meet in the rain tonight.  But somewhere in the past few months, in spite of three Pfizer shots and months of mask wearing, I suspect Covid found its way in.  My symptoms aren’t a huge deal – but I hope they sneak out soon, the same way they slipped in.

(*Answer key for the “test”: 1 – Thomas, Alito, Gorsuch, Kavanaugh, Barrett, Roberts, Breyer, Sotomayor, Kagan; 2-Jagger, Richards, Woods, Wyman, Watts; 3- Poinsettias; 4- Balderson; 5-broccoli is the “tree”, brussel’s sprouts the lettuce head.)

The Sunday Story Series