SCOTUS Doesn’t Care

 

The decisions released by the Supreme Court of the United States over the past few days have validated Mitch McConnell’s vision for a conservative court and caused much of America to clutch at its’ collective heart in dismay. In my lifetime, I do not remember such a momentous week for the court; the weeks that delivered the Brown education decision, the original Roe abortion decision, and Obergefell same-sex marriage decision were the bombshell decisions of their day. They occurred in isolation, not as with this week, with major changes against established policies all announced days apart. In each of these decisions, the Court, in my opinion, turned its back on American society at large and lost any claim to legitimacy, a sense of justice, or even-handedness.

Abortion has been a legal part of the American fabric of healthcare for almost 50 years. Several hundred thousand procedures, either medical or surgical, have legally been done annually throughout most of my lifetime. Polls show that most Americans (between 60-85% variably) support allowing a woman to choose her options and oppose forced pregnancies. Reports also note that one in four American women have had the procedure, at some point, during their reproductive lifetimes. So, obviously, the court is fixing an issue that does not require change and is enabling a small minority to effect their will on a greater majority. This decision, which steps around the rule of law, will cause significant turmoil in our country, but the court apparently wished to fulfill its’ right-wing agenda and does not care what society at large may think. Its’ arrogance and loosely underpinned decision may well be its’ undoing; by this ruling from its’ ivory tower, it has stepped away from the fairness we once expected.

Once the court, previously a respected institution, loses legitimacy, it will further distance itself from those it should serve and will become a tool of the rich and powerful, much as those who ruled in Alice in Wonderland with rulings being capricious:

You couldn’t have it if you did want it,” the Queen said. “The rule is jam tomorrow and jam yesterday, but never jam to-day.” “It must come sometimes to “jam to-day,” “Alice objected. “No, it can’t,” said the Queen.

The claims made in each instance this week denied what had long been considered established rights and in prior appeals, were sustained as precedent. They were:

1.    a decision that chipped away at the Miranda warning requirement,

2.    a denial of a New York state law that required permits for concealed weapons carry, and,

3.    a repeal of the Roe decision extending a question from a Mississippi case that only questioned gestational age and second-trimester issues, as I understand it,

4.    a decision that allowed a religious school to receive state money in a limited way, further eroding the separation between church and state..

Talk about judicial activism! So, according to right-wing rhetoric, this is not Okay if there are decisions on the more liberal ninth circuit, but is allowable on the conservative fifth circuit or the Supreme Court?

In a way, the leaked Justice Alito draft opinion of a few weeks ago prepared us all for the possibility of the Roe decision. However, it did not lessen the pain this decision has caused and is causing many women across this country. Because of the anti-choice movement’s efforts in many red states, abortion bans will now take effect in many states across the country within days of this decision. Many bans also prohibit any exceptions, such as in cases of rape, incest, or considerations for the health of the mother.

According to a chart from the Washington Post, as of today, abortion will be protected in 20 states and the District of Columbia. Trigger laws are in place in 13 states, with an additional seven states also considered likely to enact bans. Pundits consider ten states to be in an uncertain or unstable status, as they have laws limiting abortion, but if the state legislature/ governor changes to red in the mid-terms, these laws might be tightened or they may put bans in place. There is a wide swath through the South and Midwest where abortion services will be unavailable, making it imperative for women to travel across states for hundreds of miles to find legal options. Several states have attempted to restrict access to mail-order prescriptions that allow for medical abortions, while other states planned to punish people who will help women leave the state or provide funds for out-of-state travel.

There have been protests in the streets of cities each day across the country since the court announced this decision. Thousands have turned out proclaiming the right to make personal decisions about choice should not be diminished. The anti-abortion crowd has also been in the streets announcing their great joy at these actions that have overturned Roe, but the protesters vastly outnumbered them. Across the world, the Guardian reports, leaders condemned the actions of the court, from Trudeau in Canada to Arden in New Zealand, with Boris Johnson and Emmanuel Macron from the UK and France, all decried the move as a step backward or against the rights of women. These are only a few of the leaders who spoke out as the world expressed its horror at this action by the court.

The Director of the World Health Organization also spoke out:

Tedros Adhanom Ghebreyesus, head of the World Health Organization, said on Twitter that he was “concerned and disappointed” by the ruling and that it reduced both “women’s rights and access to health care”.

Former First Lady Michelle Obama released a letter on Twitter stating that she was heartbroken that many women would now no longer have the fundamental right to control their own bodies. She was heartbroken that many would return to the horrors of the days before Roe. But she urged all to turn their dismay into action and stay away from despair or pessimism. She repeated that a nation that does not understand its’ history is doomed to repeat its’ mistakes.

Several national corporations stated this week that they will provide some funds for employees in states without abortion choices to travel to other states where it is allowed. (How soon before the right-wing goes after this as a permitted corporate deduction?)

Why did the court overturn what we had considered settled law? Some consider that the decision was rendered because they had the critical mass of votes to make it happen. Some say that Chief Justice Roberts, who ruled with the majority in the 6-3 Mississippi decision, but with the minority in the 5-4 Roe decision, has lost control of his court and the faction led by Justices Thomas and Alito has taken charge. So, even though Roberts has tried, at times, to direct the court to take more measured decisions, he no longer has the votes to rule these issues. Justice Alito reasons that legal abortion is not written in the constitution, nor is it present historically as a value and was condemned centuries ago in England, so it should not be considered a right. He has immediately turned women into second-class citizens since they can no longer control how they address personal health care options. He claims that these options, since they take a life, are different.

What many do not understand is that this decision does not, by itself, ban abortions; it states that while there is no constitutional right, states are free to make laws that either permit, ban, or in some way, restrict abortions. Both Virginia and Florida are considering reducing the second-trimester permissions they now have in place, while some states, such as Maryland, are looking to place the right to an abortion in the state constitution. This decision does not prohibit Congress from passing a national law permitting abortions across the country, nor does it prohibit a national law prohibiting abortion. Minority leader Mitch McConnell says he will bring the prohibition to the floor, should he gain control of the Senate.

The court decision is already being challenged in lower courts as members of the Jewish faith who claim that life begins at birth, note that their religion and others, which allow for abortions, are being disregarded. Abortion, same-sex marriage, birth control, and same-sex relationships were all decided based on the privacy clause allowed in the 14^th Amendment. The late justice Ruth Bader Ginsburg believed that a ruling based on the equal protection clause of the constitution would have made a stronger case for Roe, rather than the due process clause for privacy used to validate the Roe decision. Justice Thomas has already announced that he would like to see Griswold, which allowed contraception, Obergefell, which permits same-sex marriages, and the others overturned as they are based on the privacy clause and are not in the Constitution.

The gun ruling by the court which removes New York states’ requirement for stating a reason for concealed carry weapons was also a favorite of Justice Thomas. The case had been turned down before when the court was first petitioned, but with the new conservative majority, he got his wish. This law expands Heller, which allowed for weapons in the home.

At the same time as this ruling, Congress passed the first major bipartisan legislation in thirty years that places some restrictions on guns. This new law, signed by President Biden, is in response to the horrific killings of schoolchildren and teachers in Uvalde Texas but is tossing a pebble at a giant problem as it only allows for red flag laws to be enacted by the states that could help reduce self-inflicted gun deaths, and increases background checks on those applicants with ages between 18-21. These background checks can open up sealed juvenile records, usually protected after adulthood, that might show episodes of unstable behavior or violence. It also prohibits gun permits for those convicted of violence toward domestic or dating partners but allows them to ask for reconsideration after several years. It also strengthens school safety and increases funding for mental health care. Most notably, it does not prohibit 18-year-olds from buying assault-type guns, nor does it limit the purchase of extended magazines or restrict sales of semi-automatic guns in any way!

The Miranda ruling prohibited a person who was arrested from suing the arresting officer who did not give him the proscribed warning and stated that the person was unharmed by this since there is no constitutional right to sue; a violation of Miranda is not a violation of the Constitution, even though Miranda is a constitutional right. While this does not nullify Miranda, it chips away at it; incremental decreases are another ploy the right uses to eventually negate laws it does not like. (Just think of Roe with a 23-week limit, then 20 weeks, now 15, 12, or 6 weeks; we should have seen this coming, but we thought those justices who stated Roe was settled law were telling the truth.)

Ruth Marcus, writing Sunday in the Washington Post, states that the damage that this radical conservative court has done cannot be overturned. She reviewed the three liberal justices’ dissent:

‘The three liberal justices, in a joint dissent, powerfully underscored the implications of the court’s action.’ “Whatever the exact scope of the coming laws, one result of today’s decision is certain: the curtailment of women’s rights, and of their status as free and equal citizens,” 

“The majority has overruled Roe and Casey for one and only one reason: because it has always despised them, and now it has the votes to discard them,” the dissenters assert. “The majority thereby substitutes a rule by judges for the rule of law.” ‘That is an astonishing indictment of their conservative colleagues, but it is fully justified. ‘“Neither law nor facts nor attitudes have provided any new reasons to reach a different result than Roe and Casey did,” the dissenters, Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan, write. “All that has changed is this Court.”

On that note, I close. If you had planned to sit out the mid-terms, please get out there and VOTE!

“Til next week-Peace in the streets, I hope.

Summer Daze

 

The last few days in the DC area have just been beautiful, with moderate temperatures, soft breezes, and low humidity. Those who know of the usual DC summer weather can understand just how unusual this type of weather is. But we also understand that this will most likely be fleeting. Despite its fickle presentation, poets have long rhapsodized about summer.

Here is one brief verse I found: (The Poetry Foundation)

Summer

BY CARLO BETOCCHI

TRANSLATED BY GEOFFREY BROCK

And it grows, the vain

summer,

even for us with our

bright green sins:

 

behold the dry guest,

the wind,

as it stirs up quarrels

among magnolia boughs

 

and plays its serene

tune on

the prows of all the leaves —

and then is gone,

 

leaving the leaves

still there,

the tree still green, but breaking

the heart of the air.

The winds on Capitol Hill, however, have been swirling, twirling us all about as we watched the Select Committee on January 6^th hearings being televised this week.

We learned that as soon as the election results were in, determining that he was not the winner, the former president sent out appeals for money to fight the fraudulent election results. Some days, they sent several appeals on the same day; occasionally, there were 25 emails or more. He named the fund the Election Defense Fund and, according to the committee and the Guardian, the fund did not exist and all money sent there went to the Save America PAC, which was controlled by DJT. Between the election and January 6^th, the fund collected over 250 million dollars. He could then use the funds as he wished, supporting candidates who agreed to go along with his election fraud lies, or even pocket them for personal uses. Some reports have noted that agreeing to these lies was a requirement for any endorsement. So, as Committee member Zoe Lofgren of California noted, the Big Lie was followed by the Big Rip-off; others have discussed this use of funds leaves the former president open to complaints of fraud, as they solicited the funds for a use never pursued. As the Guardian noted, the fund appeals stopped after the insurrection, although the fundraising requests continue; just this week there was an appeal for signatures on a card for DJT’s 76^th birthday, after a donation, of course.

The Committee uncovered more than fraud during the hearings. Former Republican States Attorney, Mr. Pak, who was a Trump appointee, testified that after he found no fraud in the Fulton County (Atlanta) returns in Georgia, he was asked to resign, presumably so that with a more pliant AG in place, additional suspect ballots would be found. A Republican election committee member from Philadelphia testified that after he refused to go along with reopening the count, the former president condemned his actions and tweeted out his name, which resulted in both him and his family members being threatened. Republican Attorney Ben Ginsburg testified that in none of the states where recounts were being demanded was there any chance that a recount would find substantially different results. None of the swing states were closer than 10,000 votes. Ginsburg, who had worked on the Bush v Gore election dispute, noted that in the Florida of the hanging chads, differences were only a few hundred votes apart, so that election was very close and could be properly challenged. (I have long thought that the 2000 election challenge was abruptly closed and not given a fair review by the Supreme Court.)

The next hearing centered on the pressures being put on Vice President Pence to suspend the counting of the state certificates or return the counting to the state delegations to vote. Since there are more states with Republican-leaning members, a vote by states would defer the choice to the Republican candidate, thus negating the ballots from millions of voters. Members of the VP staff testified about his being taken to a hiding place within the Capitol, little realizing that at one point they were less than 40 feet from the mob. In testimony released this week, members of the Proud Boys and Oath Keepers claimed that if they found any of the leaders of the Congress or the VP, they would have killed them, so the chant, “Hang Mike Pence,” was not an idle threat. Testimony also noted that after the VP opened the session of Congress, and released a letter stating that he did not have the authority to change or disrupt the proceedings, the former president tweeted out a statement, condemning this decision. That tweet seemed, to many, to further inflame the invading mobs.

The most dramatic testimony of the week, for me, came from the words of a retired Federal judge, J. Michael Luttig, who stated that the former president and his allies are a clear and present danger to American democracy. He indicated he believed that if he ran again, he might try again to overthrow the government. Luttig, a well-known and respected conservative judge, honored in Republican circles, had been consulted by VP Pence about the vote certification. During his testimony, he said that the Republican Party is at a crossroads similar to the one the country faced during the Civil War and it must take steps to repair the damage that has been done. The two political parties must agree to sustain and maintain our democracy; we cannot have one side refusing to accept the results of a legal election. (In a subsequent interview with NPR, he stated further that the two parties are the guardians of our democracy and if they cannot agree on the orderly transfer of power, then these battles will continue endlessly; as long as they continue, we will not have democracy in the United States. He also stated the following in that interview: “And it’s with my fervent hope that some number of our elected leaders, at least, will hear the words that I spoke on Thursday and understand what I said, which is that they have an obligation, a high obligation, that they undertake by oath to act in the interest of America and Americans in contrast to their own personal political interests.”

Hear, hear!

Other testimony presented by the committee showed the scheme developed with the help of attorney John Eastman, to disregard the Electoral Count Act, which was known by him and others in the presidents’ orbit, including the former president, to most likely be illegal. The Washington Post also reported that the group knew that the slates of alternative electors were illegal and took efforts to keep their plans secret. Judge Carter in California, recently noted in ruling against an appeal by Eastman to keep his email correspondence secret, that the actions of Eastman and the former president were most likely illegal. (Eastman had tried to claim attorney-client privilege with the former president, but could present no contract, no billed hours, nor signed agreements to validate that claim.) The judge further noted that we cannot protect illegal acts if the attorney engages in them. The Committee further reported that Eastman asked Mayor Giuliani if he could get him on the pardon list before the administration left office, also enforcing the idea that he knew his actions would make him vulnerable to prosecution.

Attorneys from the Department of Justice (DOJ) testified that they went through extensive discussions with the former president about every scheme that claimed fraud or abnormal vote counting practices, or aberrant voting machines touted by Sidney Powell, Giuliani, and the right-wing media and demonstrated why these were not valid. The former president did not disagree, usually, he just mentioned a different opinion about another plot. Multiple aides and family members testified that DJT knew well that he lost, but he continued to try to find a scheme where he could stay in office.

So, he knew, but did not care and would unleash a para-military force on his fellow Americans to see if he could stay in power. He would callously stand by as this force hunted his VP, perhaps to catch and kill him. And the Republican Party stands by him? Why are these actions not seditious? Attorney General Garland indicated in a press conference the other day that he and his staff are closely watching the hearings. The DOJ has requested transcripts from the Select committee, which they say they will start releasing in July.

How can this one man who cares nothing about this country or the Rule of Law continue to be respected as he tells lies, cheats his followers, commits illegal acts, and flouts any oath he ever took? If Democrats had attempted to do one one-hundredth of what he and his minions have done, there would be an uproar on the right. Why has the country, as an entity, not spoken up against these actions? Such actions are not normal for our country; they should be treated as criminal and we must hold him accountable.

Enough is enough!

‘Til next week- peace!

The January 6th Hearings, #1

Well, did you, like almost 20 million Americans, tune in to the first session of the House Select Committee on the January 6^th Hearings? I did, and even though I have read widely on news about that day, I still learned much new information. The only committee members that spoke that evening were Chair Bennie Thompson and Vice Chair Lynne Cheney. Each presented findings by the committee in even tones, speaking matter-of-factly about the horrific events of that day. There was none of the usual committee grandstanding often seen in Congressional hearings. In the Introduction, they gave an outline of the scheduled hearings and topics they would cover.

This first evening, they presented only two speakers: A Capitol Police Officer who was injured that day and a British documentary filmmaker who was embedded with the Proud Boys before and during the events in January. Caroline Edwards, the Capitol Police officer, suffered a concussion, but she got up to fight again after regaining consciousness. She told the audience about fighting in hand-to-hand combat, without proper protection or training. Speaking about the scenes of chaos, described as more like a movie than real life, where she slipped in the blood spilled by her fellow officers; she also described aiding her associates, washing their eyes after some in the mob sprayed them with toxic substances, until a direct tear gas attack finally took her down. Ultimately, it was determined that she had suffered a traumatic brain injury that day. But while she is still alive; her friend Brian Sicknick died after being attacked with an unknown substance. The medical examiner revealed that his death was “because of natural causes” (he suffered two strokes in the aftermath of that day), but what caused his stress and precipitated the strokes? The examiner also noted that the officer had confronted the mob that day and was acting in the line of duty when injured. There were over 140 reported injuries to officers on the Capitol and Metropolitan police forces that day; some officers have left the forces but are still suffering from the results of those confrontations.

Some reports have said that the Capitol Police Force did not adequately prepare for a possible riot that day even though there were intelligence warnings about internet sites warning of violence on the 6^th of January. I assume the hearings will address that topic in future days. Politico reported the FBI sent a warning the day before the riot, but there is no evidence that it was read, understood, or addressed by anyone in the Capitol Police Intelligence division. The Capitol Police Chief, Stephen Sund resigned the day after the riot, after calls for him to step down were made. He later regretted that decision, stating also that he prepared his force for First Amendment protest activities, not criminal rioters.

Vice-Chair Cheney introduced remarks taken from the sworn testimony of former Attorney General William Barr where he reported he told the former president on multiple occasions that the 2020 election showed no evidence of widespread fraud or “stolen votes,” no evidence for his claims of needing to “stop the steal”. And despite this information, the former president continued to send appeals to supporters for more contributions to fight the results of what he called a fraudulent election. Even Ivanka, the former president’s daughter, said she agreed with the conclusions made by AG Barr. Other members of the election team for DJT, stated they told him he was likely to lose, yet he would not believe them. His legal team of somewhat suspect conspiracists and plotters kept filing lawsuits about process challenges in court after court; however, he ended up losing all 60 filed cases.

The committee moved forward to examine some of the protestors themselves. They came from all fifty states; some said they were in DC because the president asked them to come to “stop the steal,” “take back the country” or “stop the socialists and Antifa” from taking over the country.

The filmmaker, Nick Quested, reported that he filmed the leaders of the Proud Boys and the Oath Keepers meeting in an underground parking garage in DC on the evening before the riot. They spoke of weapons and forces stationed outside the city because of the strict gun laws in the city, but discussed their readiness to storm into the city once the president had declared martial law. They detailed plans to take over certain government buildings and take back their streets. (Both the leaders and some members of these two groups were eventually arrested and charged with seditious conspiracy for their activities prior to and on January 6^th.) This charge is the most serious charge for civilians in peacetime and has rarely been used by the government.)

In the films played on Thursday evening, that were not previously publicly released, marchers chanted “these are our streets” and “hang Mike Pence.” These films showed that this was not the touristy gathering described by many Republicans and Fox commentators. The Proud Boys gathered on the Ellipse that day and never congregated to hear the speakers at the White House stage, but instead, headed for the Capitol as early as 10:30 AM according to time stamps shown by the committee. The president did not start speaking until around noon and did not issue his challenge to march to the Capitol until almost 1:00 pm. By that time, the Proud Boys and their friends were already outside the perimeter of the Capitol. When they started to storm the barriers (a series of normal bike racks placed around the excluded zone (and usually honored by protestors) there was little the few officers on the line could do to stop the hundreds of people they faced. Proud Boys and Oath Keepers drew on military training and led single-file line formations as their people assaulted the police lines and eventually broke through them and broke down windows and doors of the Capitol building. The film, even though I had seen much of this before, remains a frightening sight to me, and, I might assume, to many other Americans. Some rioters, despite prohibitions, carried firearms, bats, or poles as weapons, while others carried bear spray or pepper spray, or other irritants to use on the police. This was an angry mob, incited to be violent by a cunning president whose goals were thwarted, and who reportedly said when he heard the refrain “hang Mike Pence”, some phrase such as ‘he should be hanged; he did not do what he was supposed to do.’ After the testimony on Thursday, the former president denied saying this, although staff reports confirmed it.

The hearings will continue with daytime sessions this week and next and evening sessions later. According to Deadline, a media publication, the hearing schedule and topics will be:

“Hearing 2, June 13 is aimed at showing “Trump engaged in a massive effort to spread false and fraudulent information” despite the fact that he knew that he had lost the election. Former Fox News staffer Chris Stirewalt will testify.

Hearing 3, June 15 will target Trump’s alleged plot to influence and possibly replace the U.S. Attorney General in order to further false election claims. Set to testify are Jeffrey Rosen, who was then acting attorney general, his deputy Richard Donoghue and Justice Department official Steve Engel. The Post says their testimony will take place in the morning.

Hearing 4 is intended to outline Trump’s efforts to pressure VP Mike Pence to stop the electoral count. There is some indication this hearing will take place Thursday, June 16. Greg Jacob, the former chief counsel to the vice president will reportedly testify.

Hearing 5, June 21 will trace the then-president’s alleged efforts to unduly influence state legislators and election officials. Brad Raffensperger, Secretary of State of Georgia, and Gabriel Sterling, one of his top aides, have been subpoenaed to testify.

Hearings 6 & 7 are meant to detail how “Trump summoned a violent mob and directed them, illegally, to march on the U.S. Capitol” and how he failed to act to stop those same people as they invaded the Capitol building. No date is yet set for these proceedings.

Also invited to testify is lawyer and former judge J. Michael Luttig, who helped convince Pence that the VP could not by himself overturn state results. When he would appear is still unclear.”

 

According to Chaney, “The president… summoned the mob, assembled the mob, and lit the flame for the attack.”

She further commented in a message to her Republican colleagues who defended the indefensible- “there will come a day when DJT is gone, but your dishonor will remain.” Several Republicans who were involved in planning for the insurrection or supported ‘stop the steal events’ later were said to request blanket pardons from the former president before he left office, in case they were ever changed. Some of these same legislators also refused to testify before the committee. The pardons were not granted.

Of course, the former president is endorsing her opponent in the Congressional race in Wyoming. Polls have given Cheney little chance as her Republican allies have jumped ship since she condemned the actions of the former president; I wonder if this will change after the hearings?

 

Before I close tonight, I want to give a shout-out to State Rep. Brooke Lierman, who is running for the office of Comptroller of Maryland. This week she received the endorsement of The Washington Post for that position. According to the Post, (paraphrasing here) Brooke is a no-nonsense legislator, with a nose to the grindstone work ethic and who talks about the office she seeks with knowledge of the challenges and speaks specifically about changes she would implement.

I am a supporter of Brookes and applaud this decision!

 

‘Til next week-Peace!

The Insurrection Hearings

Well, after many months of reviewing evidence and taking testimony, the House Select Committee on January 6^th is ready for Prime Time. Some TV networks will televise the hearings starting this week on June 9^th. Most pundits assume the hearings will follow the model set when the Ukrainian hearings on the first impeachment were investigated. Congressman Jamie Raskin of Maryland, who is a committee member, has promised that “the hearings will blow the roof off of the House.” He further stated that this was not a coup against the president, but: “It was a coup directed by the president against the vice president and against the Congress.” Oddly enough, Jamie Raskin wrote in his book that Speaker Pelosi asked a committee early in 2020 to game out likely scenarios that might disrupt the election, and using the Vice President (VP) to throw the election to the House delegations was one strategy they discussed. An insurrection was not on their list, however. Reports surfaced this week that the Secret Service had warnings of violence, but took no actions to prevent this.

Reports also indicated that the former President would have been fine with hanging Mike Pence since he refused to do his bidding and disrupt the process. Seriously? Others have claimed that there were plans to move the Congressional members and Pence away from the Capitol “for their safety”, but all refused to go out from the complex, fearing that they would not be permitted to return and carry out their Constitutional duties of certifying the 2020 election if they left. Some have reported that the Secret Service wanted to move the VP to Joint base Andrews and fly him, who knows where?

The committee and staff have interviewed over 1000 witnesses to date, some of whom were uncooperative and appeared but did not communicate, other than to say ‘no comment’ or ask for protection under the Fifth Amendment against self-incrimination. Some refused to appear and were subpoenaed. This week, the Department of Justice (DOJ) arrested former DJT cabinet member Peter Navarro, who refused to testify, citing executive privilege; however, he had been all over TV news shows touting what he knew and trying to sell his books on the administration. An economist, Navarro has written two recent books, one discusses the pandemic and the government reaction, in his understanding and the other explains how the MAGA crowd will take back the White House. However, it is surprising that he did not expect to be arrested for a criminal charge. He protested loudly that the FBI put him in handcuffs and leg irons and kept him in a lock-up overnight. Gee, he was treated like an ordinary citizen who defied the law. I guess his MAGA cloak powers did not work this time!

Steve Bannon, who was not a member of the Administration at the time of the insurrection, but was actively involved in the planning for January 6^th according to multiple reports, has already been indicted by the DOJ. He also refused to answer a subpoena from the Committee. Two other officials, former Presidential chief of staff, Mark Meadows, and aide Dan Scavino, who were not indicted, with the DOJ apparently believing that they either had an executive privilege or as with Meadows, had partially cooperated by turning over documents such as copies of text messages. They also described Scavino as engaging with the committee, although, to what extent is not public knowledge. As has been seen, some of these texts were explosive, such as those from Supreme Court spouse Ginnie Thomas, and several Fox TV commentators.

In May the DOJ released a report detailing the arrests and convictions to date of those physically involved in the January 6^th insurrection. The Department reports that the Architect of the Capitol estimated total damages to the building and grounds exceeded 1.6 million dollars. In the 16 months since the insurrection, the Department notes they have made 810 arrests of individuals from every state in the union. They charged approximately 255 with assaulting, resisting arrest, or impeding officers or employees; they also charged 85 of these with using deadly or dangerous weapons or causing serious bodily harm to an officer. (The report notes that 80 US Capitol Police were injured and 60 officers from the DC Police force were also assaulted.) They charged over 700 defendants with entering or remaining in a restricted area. DOJ has charged approximately 50 defendants with various characterizations of conspiracy. Defendants received convictions for 232 misdemeanors. To date, they have convicted 48 of felonies. Three who pleaded guilty to felonies have also pleaded guilty to the federal charge of seditious conspiracy. Other trials, especially of those involved with the Oath Keepers, are still pending. Their leader, and ten others, were indicted on charges of seditious conspiracy in January. The report concludes with thanks to the public for identifying many of those who were at the Capitol and involved in the assaults and notes that it is still searching for a few particular individuals who assaulted officers or members of the media.

I will watch the hearings to learn more about these plots against our democracy and to find out why so many elected and appointed officials worked against this democratic process that has served us well since our country began. Until now, we have never had a President refuse to accept the results of an election. I understand that power can corrupt, but know that it does not have to. When Nixon was facing impeachment for his actions to circumvent the FBI, burglarizing the Democratic headquarters, playing dirty tricks on his opponents, and using a secret slush fund to pay for it all, members of his party told him he had to step down as he would be impeached and few Republicans would stand with him. Today, as we near the 50-year-anniversary of the Watergate hearings, reporters Bob Woodward and Carl Bernstein writing in the Washington Post, compare former Presidents Nixon and DJT and find many similarities between the two, especially in their disregard for the Rule of Law and the limits on Presidential power. Both were focused on winning at any costs, whether it meant stealing medical records, in the case of the Pentagon Papers, or lying to the public when a pandemic threatened public safety and future votes. Today, sadly, the Republican Party has no such sense of service to the country or conscience and would not vote for impeachment even when criminal acts were proven in both cases by the able Democratic House managers.

I remain hopeful that these January 6th hearings will open the eyes of those who have had their vision clouded over by the propaganda from Fox and other right-wing apologists, but I am not overly optimistic. So, the right has swayed so many by years of media propaganda, Russian and other bots on the internet, and lies repeated month after month, that it is truly sad. Today the Republican party has no interest in uniting the country, entering a dialogue with others, or even taking part in the time-honored tradition of presidential debates. They have stepped out of the process since they cannot control it and now act more like a cult than a political party. None of the House members asked to testify about the insurrection agreed to appear before the committee.

These chasms of division are starkly clear in the gun debates currently underway in the media, on the House and Senate floors, and on street corners. As Democrats make a call for sensible gun legislation, that is supported by over 80% of the people, Minority Leader McConnell offers empathy, thoughts, and prayers and forms a study group that most likely will again obfuscate and delay any actions on the matters. Meanwhile, in Uvalde, Texas, parents are burying their children in colorful caskets that further emphasize that these kids will never realize their dreams, nor those of their parents. This is all because Texas law allows an 18-year-old immature and troubled teen to buy military-style weapons and hundreds of rounds of bullets without waiting periods or adequate background checks.

A pleasant note-funerals were being provided to the families without cost; a vendor donated the colorful caskets which he designed for each child individually, so one showed a Superman logo and another was for a princess. Still, even as this good news was reported, news also surfaced that the police chief went to the scene at the school without his radio and did not know that the courageous children inside were calling for help on 911; calling for help that for many came too late. Too strange to be believed–the actions of this force!

I think this is the time for Congress and individual states to enact sensible gun legislation that would call for 21 years of age to purchase military-style weapons, (until they are banned), restrict allowed magazines to ten shots, enact “Red Flag” laws to protect gun owners from harming themselves and others as about half of the gun deaths each year are because of suicides. And, restore the assault weapons ban-long shot, but worth repeating and demanding. In 2020, Pew Research reports there were more gun-related deaths than any other year in our history-45,222 of which 54% were suicides. These figures show a 43% increase from a decade earlier. The top five states for gun deaths were Louisiana, Mississippi, Wyoming, Missouri, and Alabama.

Brady Foundation research reports that, on average, 321 people are shot each day in America, of that number 111 will die. The school shootings hit the headlines, but day by day our citizens are killing themselves and others. This has to stop.

Covid is still with us and tallies over 100,000 cases each day. Over 84 million Americans have contracted the virus. Deaths are down and are just under 300 daily, but deaths have totaled over one million since they identified the virus. Maryland claims 76% vaccination rates and currently averages just over 2100 cases daily. Some are predicting a summer surge since the latest variants are so easily transmitted; I sure hope that they are wrong.

'Til next week-Peace!

The Kids Played Dead & Called 911

The stories and scenes from Uvalde, Texas this week made me cry. When, I spoke aloud in my empty living room, when will America say Enough is Enough? By the end of the day, 19 children from the Texas school, Robb Elementary, and two of their teachers were senselessly killed by an 18-year-old neighbor who had severely injured his grandmother and fired at others after he wrecked her truck while driving to the school. The children were 9, 10, and 11 years old and killed in their classrooms. The husband of one of the deceased teachers collapsed and died while he was preparing for her funeral. They left four children. Many of the dead and injured were related; some were cousins or nieces and nephews to others in this small town.

The shooter earlier wrote on an internet site he was going to shoot up a school. He had over 300 rounds of ammunition, many of which he fired in the school. The rifle he used is modified slightly from the weapons carried during the Iraq and Afghanistan wars by soldiers. It is a killing machine, and despite claims to the contrary, has no civilian uses. It destroys bodies, which is why parents were asked to provide DNA samples to identify the bodies of their children. As the parents in Uvalde were mourning their dead children, residents of Buffalo were burying the last of their dead from their massacre only ten days earlier.

Why are we continuing to allow disturbed 18-year-olds to purchase all the guns and ammunition they can afford? Why are none of their contacts on various odd chat spaces not reporting their threats and mutterings for death and destruction? Why cannot we enact universal background checks with at least a three-day waiting period? You cannot convince me that anyone has an emergent need for a semi-automatic rifle. Where are the red flag laws to remove guns from the homes of people who are having mental health issues? Why is there a federal law that requires a purchaser to be 21 for a revolver or other handgun but one can be 18 for an AR-15 style purchase? Why can't we have sensible lawmakers who could reinstate the assault weapons bans?

Why, why, why? I have a lot of questions but too few answers. Why do we have politicians that care more about lobbyists than dead constituents? Time to make some changes in Washington, we always hear. We don't need Mitch McConnell and his study committees. Did you see bipartisan police reform enacted, Senator Tim Scott? Whatever happened to Voting Rights reform and your bipartisan committee, Senator Manchin?  Where are the promises made to the Progressive caucus? Where were the bipartisan votes for a national right to choose law? We are not Charlie Brown playing football with Lucy; we are serious. Serious business is not getting done and certain things need to happen.

The stories coming from the scene are heart-wrenching. One girl, whose friend died and was covered in blood, lay on top of her and played dead, then called 911 and whispered her call for help. Another student crouched under his desk called 911 and told the operator to send the police now. Several students made nine whispering calls over 45 minutes, gave the operator their room numbers, and asked for help, but help was delayed. Sadly, the police were outside in the hallway, apparently unaware that live students were still in two of the classrooms alongside their dead and wounded teachers and classmates. Reports of the police inaction and treatment of the issue as a barricade situation instead of a live fire action with potentially more victims will long be debated and hopefully never repeated. Misdirection created by law enforcement officials and the Texas Governor about this issue angered many in the town and the media. The decision-making in this matter is now under review by the Department of Justice.

Interviews with a boy at the hospital showed a boy who was wounded by bullets in his shoulder who had not yet cried and was sober in his conversation. He apologized for losing his glasses and ruining his shirt. What does that child have to apologize for? Nothing that happened that day in Uvalde was his fault; no, it was adults making poor decisions that have allowed these situations to happen again and again. How can that child forget seeing his friends die and his teacher shot? How will the children mentioned above ever feel safe at school again? What are we doing to our children?

Today the Washington Post printed interviews with teens who had been in school at Sandy Hook during the shootings there, but who escaped and who are now graduating from High School. All three of the girls reported issues, from jumping at loud noises, not wanting to be alone, or increased anxieties with panic attacks or migraines. One girl, who was close to one of those children killed, remains afraid to have a best friend because she might have to go through the pain again of losing someone close to her. Another, who is an adult, survived the shootings at Columbine, worried for years about being chased, as she was one of many students who dashed out of doors and ran for their lives, hearing gunshots as they ran. She thought she had overcome her fears until years later, as a school counselor, she crouched in a darkened library in a "shooter drill" and heard someone rattle the doorknob. Her panic then led her into therapy.

A therapist interviewed for the article said children look to adults for protection and when they learn traumatically that the protection is not a given, their comfort with the world around them can crumble. He said that the more a traumatic experience shatters a worldview, the harder it is to recover.

Again, I ask, just what are we doing to our children? Thousands of students since Columbine have been exposed to school shootings; thousands of other families have been exposed to massacres in churches, synagogues, supermarkets, theaters, nightclubs, and public spaces. Facebook postings this week read:

ISN'T IT A SHAME THAT AMERICA LOVES ITS GUNS MORE THAN ITS' CHILDREN?

Can't we all make a group effort to make that statement false?

Amanda Gorman, a poet for our times, but one so young, understands in her poem

Hymn for the Hurting

Everything hurts,
Our hearts shadowed and strange,
Minds made muddied and mute.
We carry tragedy, terrifying and true.
And yet none of it is new;
We knew it as home,
As horror,
As heritage.
Even our children
Cannot be children,
Cannot be.

Everything hurts.
It's a hard time to be alive,
And even harder to stay that way.
We're burdened to live out these days,
While at the same time, blessed to outlive them.

This alarm is how we know
We must be altered —
That we must differ or die,
That we must triumph or try.
Thus while hate cannot be terminated,
It can be transformed
Into a love that lets us live.

May we not just grieve, but give:
May we not just ache, but act;
May our signed right to bear arms
Never blind our sight from shared harm;
May we choose our children over chaos.
May another innocent never be lost.

Maybe everything hurts,
Our hearts shadowed & strange.
But only when everything hurts
May everything change.

To this, I can only add–Amen.

Meanwhile, in Texas, the world continues, the National Rifle Association held its convention in Houston and all the Republican apologists for the gun industry showed up mouthing fealty to the gun industry. Senator Cruz kept tripping over his words, afraid to say anything negative about the availability of guns, and refused to answer a reporter's question about why this only happens in America. The gun industry by itself is doing just fine. The manufacturer of the latest killing machine, the AR-15 type rifle or DDMV4 rifle, Daniel Defense, has long marketed to children using cartoon or Star Wars figures and children in their semi-automatic rifle advertising (although such ads were taken down this week and replaced with the well-used "thoughts and prayers go out" phrase). A private company, it is known for aggressive marketing and opposition to any restrictions. However, after the shooting, the company removed its display at the NRA Convention and left the convention. Sales of bullets used rose this week as did the stock market prices for gun manufacturers.

In a few days, most schools will start their summer vacations, so we should have a few weeks free from school shootings. Wonder what venue will next catch the fancy of a young man with a gun, emboldened by videos, or internet fantasies and made braver by his simple ability to purchase body armor which cannot be stopped by the usual sidearm of local law enforcement. Wonder what tragedies will mar our summer because our elected officials will not do their jobs. By the way, semi-automatic weapons and large magazines are currently banned in Maryland, so stay away, bad guys!

According to the Educational Fund to Stop Gun Violence, several other states have restrictions on guns and ammunition currently:

State Assault Weapons Bans

Seven states and the District of Columbia have enacted state-level assault weapons bans. States with assault weapons bans include California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey, and New York.

State Large Capacity Magazine Bans

Nine states and the District of Columbia have enacted large capacity magazine bans. These states include: California, Colorado (limit of 15 rounds), Connecticut, Hawaii, Maryland, Massachusetts, New Jersey, New York, and Vermont (limit to 15 rounds for handguns).

Maryland also recently restricted sales of ghost gun kits, Gun carry restrictions in New York are currently being appealed and are under review by this Supreme Court.

So laws can be passed if there is a will and, apparently, a blue state legislature!

'Til next week, let's send thoughts of peace to all families in this world troubled by violence.

What Type of Country Do Americans Want?

“I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”

In schools, at civic events, and at other ceremonies across this land, this pledge to the flag of America is recited week after week. But I wonder, do those reciting these words really believe them? Do they stand behind the words ‘with liberty and justice for all’? Do we have an indivisible nation? Do we have a republic, still? How does a republic differ from a democracy?

According to “How Stuff Works”: The terms republic and democracy are often used interchangeably to indicate that power is invested in the people and exercised by these people or their elected representatives. The American style of democracy is called the Presidential Model, since certain powers are reserved for the president. The United States relies on a balance of power between three equal branches of government, the Executive, the Judicial, and the Legislative. It also relies on a participatory democracy where the people speak up with their right to vote; the right to vote must, therefore, not be restricted. The government must operate in the open and be transparent and rely on the Rule of Law that is respected by the citizenry. The press must be free to report on the operations of the government. The website also notes:

“Whether it’s a presidential or parliamentary system, what makes a modern democracy a true democracy is faithful adherence to a set of democratic principles: the rule of law (constitutionalism), representation based on free and fair elections, and guaranteed rights including freedom of speech, press, and religion. By that measure, some countries are democracies in name, but not in practice.”

So, do Americans really want this democracy? Currently, some states are working to stop the rights of women to make health decisions about their bodies. Do we really want to arrest women who miscarry or have ectopic (tubal) pregnancies? In some states, officials are working hard to remove legally registered voters from the voting lists on minor technicalities. Still others are trying to undo elections that were settled and certified over two years ago. Some groups are working to ban books that discuss other cultures or races, while some are trying to restrict teachers from mentioning multi-culturalism, slavery, or civil rights marches. Where does free speech fit into these practices?

An evangelical preacher in Tennessee, in a sermon that has gone viral, demanded that Democrats leave his church, and stated that they were demons! Gee, I wonder if he will lose his tax exemption concerning the separation of church and state-probably not, but you see my point. I seem to remember sermons about Christianity that spoke of brotherly love and called all men and women God’s children. Has a new gospel been written for Christians? Was America truly founded only for Christians? Is White Christian Nationalism our future? I hope not.

Is the premise to allow free speech for some, but not others? Who, then, gets to decide? A group of conservative Americans The Conservative Political Action Conference (CPAC), including the MAGA crowd, DJT himself, and the puppets from Fox News, all appeared at their periodic conference, held in Hungary this week (some by video) where they bowed to the authoritarianism of President Viktor Orban. This elected leader, who is actually an autocrat, has been wowing these conservatives with his White Christian Nationalism and disdain for any who would disagree. He deported Muslim immigrants and brought laws against gay citizens; he promoted voting tourism and allowed white non-citizens to vote, as long as they voted his way. He employed fake opponents to defuse any real opposition. The theme of the conference is God, Homeland, and Family. In a speech at the conference, Orban railed against critical race theory, free and open media, cancel culture, and woke theory. Where have we heard those refrains before? Oh yes, in Republican speeches across our country, especially in Florida and Texas, it seems.

Previously, the New York Times reported on Orban and his manipulation of election districts and laws to fit his plans. Orban has been in power since his election in 2010 and as reported here he has consolidated his power by eroding election norms, cementing one-party rule, containing the press and media outlets, rewriting the Constitution, and using state-run media to demonize his opponents.

In 2018, Vox wrote: “An unending drumbeat of propaganda, from both official state outlets and the private media empires of Orbán allies, demonizes refugees and Muslims, warning of an existential threat to Hungarian society and culture — and touting the Orbán regime as the only thing protecting the country from an Islamic takeover. This trumped-up crisis serves as a legitimation tool for Fidesz’s {Orban’s party’s name} authoritarianism, a pretext for the government to pass laws undermining its opponents.”

Does the phrase “only I can save you” sound familiar?

Vox continues: “One of the most disconcerting parts of observing Hungarian soft fascism up close is that it’s easy to imagine the model being exported. While the Orbán regime grew out of Hungary’s unique history and political culture, its playbook for subtle repression could, in theory, be run in any democratic country whose leaders have had enough of the political opposition.

It’s not for nothing that Steve Bannon, who has called Orbán “the most significant guy on the scene right now,” is currently in Europe building an organization — called “the Movement” — aimed at spreading Orbán’s populist politics across the continent.”

If you remember back to the campaign of 2020, in speaking to his MAGA crowds, DJT, at times, indicated he expected to win then and maybe even another term after that, regardless of what our laws state. (The 22^nd Amendment to the Constitution states in part “that no person shall be elected to the Presidency for more than two terms”, so I do not know how he intended to get around that rule, but I would guess that Bannon and his ilk are working on that goal.)

This weekend saw the citizens of Buffalo start to bury their dead after the horrific hate killings at the Topps Grocery last week. My heart goes out to those who were targeted, solely because of their skin color. Can’t we move past this somehow?

An 18-year-old white teenager, clad in body armor and armed with illegally modified semi-automatic weapons, opened fire at innocent shoppers at the grocery in the mostly black neighborhood. In a rambling manifesto published on an extremist website, the teen claimed to be a white supremacist who wanted to stop the takeover of America by minorities or, as touted by many racists, Replacement Theory. Republicans, echoed by Fox News commentator Tucker Carlson, have been spouting this theory in recent years as America becomes browner and some have theorized that White Americans will be in the minority by mid-century as the nation diversifies.

According to the Guardian, since the shooting, Fox News has gone quiet on this issue and has barely mentioned the shooters’ stated motivation for his massacre. False claims are being made that immigrants are being brought to this country with a political agenda to distill the “white” population, that has long been the majority. White citizens are being told that they will lose their rights unless they fight back.

Many white supremacists blame the Jews for increased immigration and include anti-Semitism in their propaganda. But, when one goes back to the adulation for Orban, the Republican Party is tied to these theories and, even in the wake of the attacks in Buffalo, has not disavowed them. For the white supremacists who see only skin color and not the soul beneath it, their need to feel superior is based on their inability to see others as sharing the same humanity. To those who follow theories of a necessary white majority, aborting white babies are a threat to white majorities, interracial marriage remains a threat to whites, as well as the presence of integrated communities. It seems preposterous to me that some believe such propaganda.

It all hangs together though, doesn’t it? If you don’t teach about slavery and civil rights and then try to confine black people to their neighborhoods (did anyone say ghettos here?) then no one has to provide any special rights to that community, so equal opportunities may be disregarded. If you do not allow the gay community to have rights, marry and adopt children, then you will shove many back into the closeted life they once had. Is that where we are headed after generations have fought for freedoms and so many have lost their lives? Is this the America that you want to promote? Do we want to see repeats of the marches in Charlottesville, the shootings in El Paso, at Pulse, Pittsburgh and Buffalo continue without condemnation?

What kind of America do you want to live in? Stand up, Speak out, and Vote! There is an opportunity in Pennsylvania to choose a Democratic Governor in Josh Shapiro and a Democratic Senator in John Fetterman and defeat the acolytes of the right who would overturn elections and disenfranchise voters. In state after state, the standards are becoming clear and voters can choose to move the country forward or take us back one hundred years. Do we truly want a democracy?

INFO -The current demographics in the US according to the census are:

Whites 76.3% or (60%), Blacks, 13.8%, Hispanic or Latino, 18.5%, Asian, 5.9%, Native American or Pacific Islander, 1.3% (Since some Hispanics identify as white-that number may vary; others may list as multi-racial so the numbers are inexact and do not equal 100%.) But basically, the numbers show we are a multi-racial country and are likely to remain so, just the statistics will change,

Briefly, in COVID news from the NY Times, cases of the latest variants are continuing to rise and hospitalizations, which have remained flat, are also increasing. Daily totals are again over 100,00 at 108,065, the highest since the beginning of the year. Deaths remain steady at around 300 per day.

In Maryland, numbers are also climbing with Frederick and Montgomery Counties getting a moderate risk label this week and indoor mask warnings reissued. The state is averaging over 2200 cases per day, despite improving vaccination rates. Stay safe out there, folks!

Before I close, a shout out to Tom Perez who won the endorsement of the Washington Post for Governor of Maryland-way to go, Tom! (Disclosure-I do support his candidacy.)

‘Til next week-Peace, maybe it is possible!