Time for Mr. Mueller to be a true patriot

The Thinker by Rodin

In case you haven’t noticed, our new attorney general Bill Barr is a horror. We shouldn’t be surprised because essentially he auditioned for his job by circulating a paper before his nomination on why the Mueller investigation was invalid.

Barr’s testimony yesterday in front of the Senate Judiciary Committee confirmed to anyone paying attention that Barr is Trump’s lackey and shill. He will do pretty much anything that Trump wants him to do because that’s how he sees his role. Which is why he thinks looking into Hillary Clinton’s emails yet again is worthy of investigation.

It’s likely to get much worse. Trump is likely to use the Justice Department as his political arm by having it open investigations into his 2020 opponents. Based on the Hillary’s email precedent, Barr shouldn’t object at all. In short, the Justice Department is becoming a new bludgeon that Trump hopes to use to win reelection. Its mission to impartially apply justice based on the law seems to be waning. In short, true justice in the Justice Department may be hard to find.

It’s painfully clear that Senate Republicans won’t check Trump in any meaningful way. It’s increasingly clear that our Supreme Court won’t either now that it has a reliable conservative majority. Trump is the outcome of over thirty years of corrupting the system to affect their ends. They don’t want democracy. They just want to be in charge and remain in charge. Which means that only voters can hold Trump and Republicans accountable.

But Trump has every incentive to corrupt the 2020 elections, and Republicans are jubilantly helping him along. Mueller’s report basically says Trump obstructed justice many times and that the only reason he wasn’t charged is because he wasn’t allowed to charge him due to Justice Department rules. With a five-year statute of limitations, if Trump loses reelection then there’s a good chance he will be prosecuted for these and many other offenses.

So in Trump’s mind he must not lose. He can see his future if he fails, and it’s inside a jail cell. He is clearly bending the power of the federal government in every way possible to stack the odds in his favor. And Republicans will aid and abet him: by making it hard for people of color to vote, through relentless gerrymandering, through fearless voter suppression and now apparently allowing the Justice Department to be used as a political weapon.

By grossly mischaracterizing Mueller’s findings, Barr’s summary of findings succeeded in muddying the waters. It’s hard to find someone without an axe to grind that the public can trust. Most won’t have time to read over four hundred pages of his report, much of it redacted. Which is why Mueller’s public testimony in front of Congress is needed. We need Mueller to rise to the occasion and be the patriot the country needs by simply telling the truth.

But will he get that chance? Trump’s policy is now to stonewall Congress and refuse to provide them any information, at least no information not in his favor. Mueller is an employee of the Justice Department, but presumably term limited as he was pulled from retirement to investigate Trump and his administration. Trump or Barr could prohibit Mueller from testifying in front of Congress. It’s unclear that they will, but it’s certainly possible if they are stonewalling everything else. It’s also unclear whether Mueller would not testify anyhow.

Polls do make one thing clear: the public trusts Robert Mueller. If anything can right this wrong ship, his testimony might. Clearly, if Mueller says things that upset Republicans, they will berate him and cast doubts on his integrity. It’s unlikely though that the public would buy it, as his integrity has so far been impeccable, unlike Donald Trump’s.

Mueller would be most helpful by simply stating the obvious: anyone other than Trump would have been prosecuted for obstruction of justice, the Justice Department is being turned into a political weapon, that government of, by and for the people is perilously close to disappearing, and the public needs to wake up and fight for its democracy.

Autocracy and why Trump’s firing of his Secret Service director is extremely alarming

The Thinker by Rodin

I’m getting the sick feeling that we are this close to an autocracy. Things seem to be going rapidly from bad to worse to ohmigod this is incredibly dangerous!

The feelings got real when I learned what Attorney General William Barr was planning to do with the Mueller report: redact as much of it as possible and work as hard as possible to keep the full report from ever getting to Congress. It got worse when I watched our petulant Treasury Secretary Steven Mnuchin brush off Congresswoman Maxine Waters: the idea of wasting his time talking to Congress when he had important things to do! Also, he seems to be aiding and abetting keeping Congress from getting Trump’s tax returns, even though the law requires it.

You don’t have to look far to find plenty of other signs. For example, Donald Trump is thinking of dumping migrants in sanctuary cities. Why? Because he thinks he can and he wants these cities to pay for having the audacity to oppose him. Then there’s his de-facto concentration camps that separate immigrant families and new reports that suggests he wants the U.S. military to build a whole lot more of them and run them, much like the German military ran its concentration camps. And if that weren’t enough, Trump was recently on the border urging CBP employees to break the law by not letting these asylum seekers in. Trump is implicitly saying: I can get away with anything, because Congress won’t hold me accountable in the end. And if you do break the law, I’ll pardon you!

All this is sickening enough, but then there’s the imperial way his administration seems to be blowing off the courts. He’s been under a court order for about a year to resettle these unaccompanied minors with their parents, or at least place them with relatives in the United States. Instead, most of them linger inside former Walmart stores under lock and key and out of sight. Recently, three congresswomen weren’t allowed in to inspect a detention facility for minors in Homestead, Florida. Trump doesn’t care that Congress has the responsibility for executive oversight.

More and more the Trump administration seems to be simply ignoring the courts. Until now, we’ve sort of assumed that if the courts tell you to do something, you must. More and more the Trump administration seems to be just ignoring the courts. After all, what can the courts do but issue more rulings? I guess there is the U.S. Marshal Service, which is supposed to enforce court orders if necessary. But the courts do not control it; it’s controlled by the Justice Department. And our new attorney general Bill Barr seems quite happy to take orders from Trump, even though he is supposed to uphold the law.

Who you gonna call? Ghostbusters? The constitutional remedy for executive overreach is congressional oversight, subpoenas and when all else fails impeachment. Trump’s lackeys are ignoring most congressional subpoenas. Nancy Pelosi has ruled out impeachment, mostly because she knows Trump has no possibility of being convicted in the Senate. And that’s not just because Republicans control it narrowly, it’s because Republicans are very clear that they don’t care about the rule of law. All they care about is expanding their power or, failing that, holding on to their power.

And it’s not like they feel the least bit compelled to follow the rules or precedent anymore. Senate Majority Leader Mitch McConnell, an erstwhile conservative, broke with more than 230 years of precedence to speed up the debate on the nomination of federal judges and no longer allows home state senators to block these nominations either.

Meanwhile, deeply red states like Alabama and Texas are going out of their way to turn their states more authoritarian. In Texas, they are debating a law that could potentially give the death penalty to women who get abortions. Wow! The breadth of this should be astounding, but it’s par for the course these days. Ohio’s governor just yesterday signed a law that outlaws abortions if a fetal heartbeat can be detected. These states are simply trying new tactics to see what might overturn Roe v. Wade now that Brett Kavanaugh is a justice. It’s all supposedly about being pro-life, but at least in Texas they are willing to kill people to do it. It’s all absolutely insane, particularly when you consider that not one of these states wants to give women contraceptives to not get pregnant in the first place, won’t subsidize their pregnancies and do their best to keep these kids off food stamps once they are born. Since so many are nonwhite, they’ll be happy to disenfranchise them when they reach voting age too.

Of course, these red states continue to do their best to gerrymander districts and suppress people of color from voting. Florida wants ex-felons to pay all judgments before being allowed to vote, essentially a poll tax, which is unconstitutional. Its state legislature is also working to overturn the referendum, which allows ex-felons to vote in the first place.

So it is crystal clear to me that Republicans will let nothing stop them from achieving their aims. Increasingly they are simply ignoring courts and Democrats in Congress. In essence, they are wholly abandoning democracy in favor of autocracy, and using inertia built into our system of checks and balances and Republicans open willingness to allow Trump to get away with stuff to bring it about.

Frankly, to me the most alarming sign of all was not Trump’s firing of his Homeland Security Secretary, Kirstjen Nielsen, but his firing of Secret Service Director Randall “Tex” Alles. Think about it. Let’s assume that Democrats do win the presidency in the 2020 election. And it is ultimately up to the Secret Service to evict Trump from the White House. Will his hand-picked lackey evict him? When push comes to shove, who decides to hand over the nuclear codes to the next president? And if you have a Republican senate that won’t fight back on Trump against anything, if he refuses to leave, how do you get rid of him?

It all makes for a constitutional crisis already well underway that looks like it will come to a crescendo on January 20, 2021, but which is likely to all come to a head much earlier than this.

These are crazy, deeply dangerous and incredibly scary times. We are facing what looks like the probable end of a 230 year old democracy.