EDITORIAL: Can We Protect The Country From Another Donald Trump?

EDITORIAL:

Can We Protect The Country From Another Donald Trump?

I don't know if there are enough tools in the toolbox to insulate the presidency from greed and corruption

EDITORIAL:

Can We Protect The Country From Another Donald Trump?

Make no mistake about it, the Trump administration “created an ethics crisis. Our lawmakers must advocate for firm rules to ensure these egregious ethical abuses never happen again.” Robert Weissman, Public Citizen president.

How The F**k Do We Fix This?

Fascinated

Like many other Americans, I’m fascinated with the January 6th Committee hearings. Jumpin’ Jehosafats! What the f*ck? A president of the United States actually tried to overthrow the government with a coup? You mean those folks at the Capitol on 1/06/2021 weren’t just tourists? ‘Fake electors’; did what? Trump grabbed a Secret Service employee by the throat, when the man refused to take him to the Capitol to participate in the riot. Holy Moly. When was the last time you heard a U.S. president support  hanging his Vice President? It’s one bombshell after another, and sadly, there’s more dirt coming.

Until Trump

We as a country have been around since 1776, and in all that time each losing presidential candidate accepted the  loss and stepped aside. That is until Donald John Trump. As an average citizen, with a bachelor’s degree in social and political science, I thought we had laws that would protect us from his ilk. I prayed, but I also sincerely believed, the conflict of interest laws, and ethics regulations, plus long accepted norms governing interactions between the White House and other Executive Branch departments would constrain the orange megalomaniac. Boy, was I wrong, Trump pushed all ethical boundaries to the breaking point.

Constant Assault on Institutions

Even I, the ever grousing cynic, did not realize that size of the holes in the system, When a man, in the most important office in the world is intent on subverting federal ethics laws, as well as ethical norms, both in full view, and behind the scenes; as it stands now, there is little to stop him. A couple years ago Public Citizen News Vol 38, NO.6 November/December 2018 offered some suggestions on policy reforms to guarantee that no future president is allowed to wallow in his own corruption. The article concluded that because of Trump, we have learned how to strengthen the system against future rogue presidents. I’m dubious to say the least. Due to the breadth of his assets, his refusal to divest himself of those assets and his disregard for multiple conflicts of interest norms he shook our government to the core, leaving many of us crying democracy itself is at stake.

Public Citizen Advice

1.) Ethics Abuse: Refusing to Divest Assets. During his time in office, Trump maintained ownership of his worldwide businesses. He was, and remains, a national security risk. His businesses made him vulnerable to the influence of foreign powers and corporate interests. Remember Trump leaving the Kurds high and dry in Northern Syria? All that happened because Erdogan threatened the Trump brand in Turkey. Trump spent a third of his days while in office at a Trump property; all the while garnering free publicity for the Trump brand. His Washington, D.C hotel and bar became magnets for foreign officials coming to DC. It seemed the White House doors were open for anybody with a scheme or a scam.

Can It Be Fixed? The Public Citizen suggested that within 30 days of the presidential inauguration, the president and the vice president should be required to divest all assets that pose a risk of conflict of interest. Well, how do they plan on enforcing that? We watched Trump for four years defy every order he got, from any source. If the matter was sent to the Senate as impeachable there is likely to be nothing done. We watched Trump be impeached twice and he skipped away. I say all candidates must place their assets in a trust, revocable only if they lose the election, or fail to win. Certainly, not after the election, because once in office how do we expel them if they refuse to comply?

2.) Ethics Abuse: Refusing to Release Tax Returns. Unlike all other candidates going back to Nixon, Trump refused to release his tax returns. That action, deprived voters of essential information about his financial ties that might effect his decisions as a president. Often the financial entanglements of candidates are deep, but that makes it even more important for the public to have that information.

Can It Be Fixed? Every candidate should be legally required to disclose his/her most recent 5 years of tax returns within 30 days of becoming a candidate. In addition, financial disclosure forms should specify and include information on assets, income, transactions, and liabilities, as well as details including creditors, investors, and customers, of the public officials’ businesses.

3.) Ethics Abuse: Inauguration Influence-Peddling. Trump’s 2016 inaugural committee raised a whopping $107 million from donors, twice as much as raised by Barack Obama’s inaugural committees. Despite pressure from press and congress the Trump committee refused to divulge where the money went, although later tax filings from the group revealed over $26 million went to a party planner who was an advisor to Melania Trump. That insider dealing looked bad, when it came out, but not surprising.

Can It Be Fixed? There should be a cap of $5,000-the federal contribution limit for an election cycle. Further, while in office, presidents should be prevented from collecting money for libraries or other ‘legacy building endeavors’; or at the very least make those contributions subject to the same rules as candidates running for federal office. Also, the Public Citizen recommended rules and disclosure requirements for legal defense funds set up by executive branch officials.

4.) Ethics Abuse: Hiring Family Members One of Donald Trump’s first actions was to give his daughter Ivanka and her husband, Jared, jobs in the West Wing despite a federal anti-nepotism statute that makes it illegal to appoint close relatives to official positions. Trump disregarded the statute claiming he had the authority to fill White House positions, “without oversight.”

Can It Be Fixed? There is already a statute disallowing this behavior, so the statute should be clarified making it clear that it supersedes other laws related to White House employment.

Conclusion

I have a lot of respect for Public Citizen, and I think their ideas have merit, but they are just a starting point. My biggest problem with these recommendations is that there is no bite to the law. It is important to make the candidate comply before they have the power of the office and no means to enforce rules, regulations. Where’s the $25,000 a day fine? Or, the immediate removal from office (no impeachment trial)? How did Trump get away with so much, for so long? One of the reasons is that there has been no immediate consequences for any of his outrageous behavior.

 

Trump Continues Contemptuous Behavior

The Contemptuous Donald Is Finally In Contempt…

Trump faces numerous law suits around the country

By Anna Hessel with Wes Hessel

 

Holding The Contemptuous One in Contempt

After years of apparent criminal and questionable civil business activities, Donald Trump is finally being forced to face the music.  He is being held in contempt of court by New York State Justice Arthur Engoron.  I heartily applaud this decision and am planning a “Contempt for Trump” party, complete with champagne, a DJ for dancing, and swag bags, including a mini-Donald Trump collector’s edition dartboard, macaroons, and a bottle of Evian water, for my guests.  It’s about time the orange haired scowling monster is called on the carpet legally.  Per the citation, this civil contempt charge will cost Trump ten thousand dollars per day until such time as he turns over the subpoenaed documents.

So, What Does That Mean, Really?

So, what exactly is “contempt of court”?  We sometimes hear this phrase referenced as just “contempt”.  According to Wikipedia, being in contempt of court means, “the offense of being disobedient to or disrespectful toward a court of law and its officers.”  This can include willful disobedience of a court order, ignoring the court’s decorum or authorization, or failure to preserve a reverent frame of mind.  Investopedia defines, “Contempt of court is a legal violation committed by an individual who disobeys a judge or otherwise disrupts the legal process in the courtroom.”  This describes Donald Trump accurately.

Ignore The Court at Your Peril

Wikipedia also states, “Contempt of court is essentially seen as a form of disturbance that may impede the functioning of the court.  The judge may impose fines and/or jail time upon any person committing contempt of court.  The person is usually let out upon his or her agreement to fulfill the wishes of the court.”  In other words, Mr. Trump, you have never been, nor will you ever be above the law.

Trying To Stave Off the Inevitable Again…

“The Donald” was ordered back in February of this year to turn over documents for scrutiny no later than March 31, 2022.  It is unclear whether the daily fine is retroactive to the end of March deadline or not, but we can hope that it is.  Sources report that Trump’s legal team had agreed to provide the documents but then filed exceptions saying the summons, despite having been approved by the judge, “is grossly overbroad, unintelligible, unduly burdensome, and does not adequately describe which documents and communications are requested or sought with reasonable particularity.”  Letitia James, the New York State Attorney General, sought the fines to force the former president to comply with the NY State subpoena.

More Of the Same Game

Trump and his company, The Trump Organization  is accused, quite bluntly, by the state of NY of tax fraud.  The attorney general’s accusations in the filing are regarding misreporting property values to receive loans with better terms and improved tax positions.  New York’s top lawyer had also said of late her investigators had, “uncovered substantial evidence establishing numerous misrepresentations in Mr. Trump’s financial statements provided to banks, insurers, and the Internal Revenue Service.”

What, Me Cooperate?

Needless to say, “The Donald”, who apparently feels he is above the law, is still not cooperating.  Ms. James considers Justice Engoron’s actions to be “a major victory” and that the rule of law has prevailed.  These documents are needed for an attorney general investigation into Trump’s business holdings.  Her office has been assisting the Manhattan District Attorney’s office with a synchronous criminal investigation into Donald’s companies, as well.  The court, declaring him in contempt is monumental.  Mr. Trump apparently committed crimes, and this decision should hopefully knock his attitude down a few pegs, but I doubt it will.

More Ways to Try to Hold Off the Inescapable

Criminal charges against his “Organization” are being pursued, and it’s CFO Allen Weisselberg who denies wrongdoing and has entered a not guilty plea despite charges of falsification of business records and tax fraud.  The subpoena in the civil probe by New York’s lead litigator is similar, perhaps say, to the turning over of one’s tax returns when running for president.  Forty-five sued Attorney General James, filing in federal court, at the end of 2021, claiming her exploration to have political motivation.  The suit is still unresolved.  Gee, could this be a stall tactic on the part of “The Donald”?  He would never do such a thing, not.  Trump attorney Alina Habba claims he is unable to turn over the documentation, claiming that he does not actually have said documents.  She goes on to say the office of the attorney general was told this.

I Don’t Know Where It Is

Ms. James made it clear that Trump and the company were to provide statements regarding what they did to attempt finding these documents.  She went on to say Donald should have knowledge of the whereabouts of such documentation, since he, “personally executed documents central to the issues under investigation.”  If this is complied with, the civil contempt charge can potentially be averted. Well, how difficult is it to look in the paper shredder or the fireplace, Mr. Trump?  It could save you ten grand a day.  If you go too many days being fined this significant sum of money, how will Melania get her plastic surgery, or will you be able to afford golf balls, because those are the only kind you possess.  Ten big ones is a lot of McDonald’s, Donald.

Which Witch is Which?

Of course, forty-five’s lawyer is calling this, “a continuation of the greatest witch hunt of all time”; let her tell that line to Joan of Arc.  The Trump Organization alleges turning over more than 750,000 documents in this investigation, however the New York attorney general claims that the release of papers has been rather lethargic.  She wants a look at “post it notes” and the files that “The Donald” utilized as communication to his employee base.  This information is necessary to examine and evaluate whether civil suit will be brought against the former ‘Oval Office’ occupant and his firm.

Still Subject to The Rule of Law

Trump’s attorneys have filed an appeal and we don’t know whether the court of appeals will suspend the fine during the appellate process.  But reportedly the judge has just recently rejected “The Donald’s” affidavit, which claims Trump does not have the documents that are being demanded by the Attorney General of New York.  In closing, I for one am overjoyed to see any legal action against forty-five because absolutely no one is above the law, whether it be criminal or civil.  Statutes govern all citizens, even former White House residents.

OPINION: Put the Mask Back On Rudy

OPINION: Put the Mask Back On Rudy, We Don’t Want to See Your Face

Rudy Giuliani mask up and stay masked up, we don't want to see your stinkin' face.

OPINION:

Put the Mask Back On Rudy;  We Don’t Want to See Your Face

 

By Anna Hessel with Wes Hessel

 

“I’m Done”

When Trump attorney Rudy Giuliani, the former Mayor of New York City, was unmasked on “The Masked Singer”, judge Ken Jeong walked off the stage, saying, “I’m done”, and who can blame him?  Personally, I was surprised that even a FOX show would have a man with Rudy’s lack of morality on any episode.  Shock value for sure but not a wise decision; viewership is sure to tank, one can hope. Host Nick Cannon stated, “It surprises us all that you’re here”.  Exactly Nick, it’s mind boggling that he appears on any television show, other than perhaps, “America’s Most Wanted”.

Trial By Jury, Not By “Combat”

Of course, what we want to see is Mr. Giuliani and his former client “The Donald” on trial for crimes against our nation and humanity.  His “trial by combat”, “Game of Thrones” comment regarding the January 6th, 2021, insurrection, and his client’s part in it makes my blood run cold.  This man belongs behind bars, not behind a mask on any television show.  His barbaric comment, “I was referring to the kind of trial that took place for Tyrion in that very famous documentary about fictitious medieval England.  When Tyrion, who is a very small man, is accused of murder.  He didn’t commit murder, he can’t defend himself, and he hires a champion to defend him”, borders on the insane.  The only time we care to hear him sing would be in a court of law against the Trumpster and his fellow cronies.

Work Cut Out for Him

The Federal Prosecutor’s office for the Southern District of New York (i.e., Manhattan) has been pursuing cases regarding Rudy Giuliani and Donald Trump for some time.  As of October, of last year, it is headed by President Biden nominee Damian Williams, the first African American to hold the position.  We wish him Godspeed.

“…In Deep Trouble”

During an interview a year ago this month with Vanity Fair, Preet Bharara, the Southern District prosecutor from 2009 to 2017, was quoted as saying, “Rudy Giuliani is in deep trouble”, as he should be.   Later in the same interview, Bharara also quipped in response to the allegations of the Justice Department under Trump and ally Bill Barr blocking search warrants related at the time, “It’s possible the delay by Justice cost Rudy Giuliani a Trump pardon.”  A pardon by Trump was given to his former campaign chairman Paul Manafort, sentenced to seven years for his wrongdoings, as one of Trump’s last actions in office during December of 2020.

Bad Company Continues to Corrupt Morals

Giuliani’s apartment was searched to ascertain if he broke political lobbying laws when he served as Donald Trump’s lawyer.  Once the top Federal Prosecutor on the island of Manhattan himself, his law license was suspended for “false and misleading statements” in regard to Trump’s loss of the 2020 election in two boroughs of the city (both Manhattan and the Bronx) he once was mayor of.  He is also suspended from practicing law in Washington, DC. Rudy could face disbarment.  What a fall from grace his involvement with Forty-Five has caused him.  As the Bible says and is often echoed, “Do not be misled: ‘Bad company corrupts good character’” (1 Corinthians 15:33 NIV).

September 11th To January 6th?

Makes one ponder whether Rudy’s heart was ever in the right place. Clearly, the Giuliani of 9/11 is not the man that is partner in crime to the orange haired monster.  During those attacks on our nation, Giuliani was counted upon to make a phoenix rise from the ashes. He was the loving father our nation needed,  intelligent and strong.  He made a horrific situation almost bearable, doing his best against the worst nightmare our nation had faced.  He showed courage and fortitude. What has happened to the man we came to admire twenty-one years ago?   Many books have been written about the Manhattan College and NYU School of Law alumnus.

The Taller They Are…

I, for one, am saddened by his fall. It resembles a bad dream but, unfortunately, the nightmare is so very real.  It is disconcerting enough when one of Trump’s cronies is a criminal, but it is certainly all the more distressing when the person was once considered an American hero.  This reminds one of the O.J. Simpson trial.  Will Rudy’s trial be similar, “If it does not fit, you must acquit”?  How is the man we now distrust and detest, the same one we admired during one of the saddest and darkest times in recent history? It seems incomprehensible.

That Was Then, This Is Now

Rudy Giuliani handled the brutal attack on the World Trade Center with aplomb and strength, but now during our most recent hour of distress and vexation Mr. Giuliani has not only failed our nation, he supported the unthinkable acts of violence.  This brings up the same question regarding people we know personally who took a ride on “The Donald” train and lost their way (if they ever really knew it).  Is there any turning back for those afflicted with the Trump cancer?  In the case of Rudy Giuliani, it appears to be terminal.  He claims that he should not be held accountable for the Capitol riot, saying his “trial by combat“ comment was hyperbolic. Well, someone believed his words, Rudy, an insurrection certainly occurred.

Casualties Beyond That of Respect for Constitutional Practice

Four lives were lost immediately during the violence – two to “natural causes” of cardiovascular disease, one to meth overdose, and the defensive shooting of Ashli Babbitt.  Officer Brian Sicknick suffered two strokes, the second fatal, shortly thereafter as a result of the significant injuries he sustained that day. A fifteen year police veteran Howard Liebengood committed suicide three days after the travesty, followed by fellow Officer Jeffrey Smith a few days later.  One hundred and forty police officers were injured during the attack on our nation’s capital.

Since The Glove Does Fit, We Must Convict

Rudy Giuliani needs to stand trial for his role in the attempt to overthrow the 2020 election.  No one is above the law; not a former president, an associate Attorney General, or even Time Magazines “Person of the Year” for 2001. Twenty years after being named man of the year Rudy has turned to supporting violent overthrow of the government.  Rudy is no longer “America’s Mayor”, he is now part of America’s ongoing nightmare.  It is with a heavy heart that I have watched Donald Trump lead so people astray. I trust in God, not Mr. Trump or any of his cohorts.  In closing, I demand they investigate and if proven guilty, “Throw the book at this masked singer.”

Dems Face Tough Battle in 2022 Mid-terms

OPINION:

Democrats Face Tough Battle In 2022 Mid-terms

High inflation may dim Democrats to hold onto congress

OPINION:

Democrats Face Tough Battle In 2022 Mid-terms

The U.S. mid-term  elections are less than nine months away. According to experts, painful political fallout is coming for the Democrats. Currently, the Democrats have a very small majority in the House, control the presidency, while a “fluid” position exists in the Senate. The 2022 midterm elections are crucial, because they’ll determine if  Mitch McConnell “gridlock politics’ returns or not.

By D. S. Mitchell

 

Poll Ratings Drop

Presidential approval ratings have dipped to dismal levels. The causes are many. The slow, painful, public  assassination of the social portion of the Build Back Better by enemy insiders, Sinema and Manchin was painful to watch on cable news. Biden’s persistent claim that he is a uniter, a consensus builder, blew up in his face when he and his team could not deliver their own caucus; a terrible embarrassment.

COVID Hysteria

The on-going COVID pandemic is driving normal people insane. You see it everywhere, in interactions between customers and clerks, between cops and citizens, between voters and officials. The anger is palpable. Besides anger; there is depression, alcoholism, drug addiction, rage-on-a-plane-madness, and of course, homicide, and suicide.

Desperate Means

I think there is growing proof that the fabric of civil society, worldwide, is coming apart. The isolation, the restrictions, mask mandates, no mask mandate,  vaccinate, don’t vax, the misinformation, the fear, the death, social media experts in white coats criminalizing their profession, have overwhelmed us all. People are ready to blame anyone for their troubles, all they need is someone with a megaphone to incite the crowd. A dangerous situation.

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Martin Niemoller “First They Came”

Martin Niemoller “FIRST THEY CAME”

Sometimes it doesn't take a lot of words to tell the story

“First They Came” was written by anti-Nazi pastor, Martin Niemoller. The message is clear.

 

First They Came

By Martin Niemöller

First they came for the Communists
And I did not speak out
Because I was not a Communist
Then they came for the Socialists
And I did not speak out
Because I was not a Socialist
Then they came for the trade unionists
And I did not speak out
Because I was not a trade unionist
Then they came for the Jews
And I did not speak out
Because I was not a Jew
Then they came for me
And there was no one left
To speak out for me.

EDITORIAL: Flirting With Nazis Is Dangerous

EDITORIAL: Flirting With Nazis Is Dangerous

The dark days of the Nazi control of Europe led to the death of millions.

EDITORIAL:

Flirting With Nazis Is Dangerous

A Neighbor’s Nazi Experience

D. S. Mitchell

Martin Hartman is a tall slender man. His thinning white hair is brushed back, his jacket zipped against the winter wind, as he leans against his cane for support. There is a deep sadness in his eyes and a soberness in his demeanor. You can tell he has a story, and he wants to share it. Martin Hartman is my neighbor.

Martin was born in Holland in 1924. Prior to the Depression of the 1930’s, his family had owned a prosperous construction business. His family like many others had suffered during those economically depressed times, but by 1940, the 97-year-old said, the economy “had begun to turn around,” things were looking up he confirmed. The future looked promising.

There had been rumblings of war, but few took them seriously, after all WWI was a mere twenty two years in the past. No one could imagine the world once again plunging into conflict. The next few days would change his life and those of his friends and family forever. “I was 16. It was May 10, 1940. We heard bombing and saw planes. It was the German invasion, and the blitz was over in three days.” The squashing of Holland’s defenses was quick, but far from painless.

After the German invasion, they began barricading city blocks and then sweeping the apartments for young men to fill the military ranks due to troop loss. Hartman describes it, “Gradually Nazism crawled into Holland. Good people were killed, or sent to prison . . . Jews and ministers.”

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5 Key Ways To Help Save The Bees

5 Key Ways To Help Save The Bees

5 Key Ways To Help Save The Bees

By D. S. Mitchell

Environmental Movement

In September 1962 Rachel Carson published one of the most important books on the environment ever published. Certainly, it can be described as the foundation of the mid-20th century environmental movement. Fundamentally, Ms Carson documented the harmful effects of the “indiscriminate” use of pesticides.

Future Generations Will Not Forgive Our Failures

In her ground breaking nonfiction book, Silent Spring she  said: “It is not my contention that chemical insecticides must never be used. I do contend that we have put poisonous and biologically potent chemicals indiscriminately into the hands of persons largely or wholly ignorant of their potentials for harm . . . we have allowed these chemicals to be used with little or no advance investigation of their effect on soil, water, wildlife, and man himself. Future generations are unlikely to condone our lack of prudent concern for the integrity of the natural world that supports all life.”

Field Work

Ms Carson graduated from John Hopkins University in 1932 with a Master’s Degree in Zoology.  Ms Carson worked as a field scientist for the U. S. Fish and Wildlife Service for fifteen years. After World War II, the government touted the value of many toxic chemicals that had been developed during the war. The prime reason behind the government support of these chemicals was the hope to maximize farm production.

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OPINION: Joe Manchin Shows His Political Ass

OPINION: Joe Manchin Shows His Political Ass

OPINION: Joe Manchin Show His Political Ass

I think it is time to remove the obstructionists from the Democratic Party

D. S. Mitchell

Joe’s Talking on Fox

12/19/2021. Joe Manchin (D.W.V.) is on FoxNews (sic) telling Bret Baier he “cannot vote” for the Build Back Better bill. Finally after months of dancing about, throwing up one road block after another Manchin, playing with the press and his colleagues has finally come clean and said it out loud. He, the lone Democrat,  was now going to squash the bill, that would have given assistance to 70% of his constituents.

Out of Touch

I am dumbfounded. How could this rich, fat, white, yacht sunning, coal mine owning, entitled man be so cruel, and corrupt? How can he shut his eyes to the basic needs of the most vulnerable people in his state? West Virginia is one of the poorest states in this country, it seems Joe wants to keep it that way. By standing against the BBB act Manchin is not only denying West Virginians food on the table, affordable prescriptions for life saving medicines, and dentures in their mouths, but every other person in the country. Without remorse, apparently.  Enraged, I switched to CNN where Jake Tapper was interviewing Bernie Sanders (I.Vt).

Unrestrained Passion

Bernie Sanders went after the failed senator from West Virginia with unrestrained passion. Bernie called Manchin a “coward” for not standing up to the lobbyists and special interest groups (which Manchin is part of). Bernie, is also a wealthy man, just like Joe Manchin. But, Bernie seems to have a deep well of human empathy, decency, and compassion, which apparently, Manchin cannot understand or emulate. Is Manchin capable of embarrassment?  Being the only Democratic senator that is willing to let kids go hungry, not only in West Virginia, but across the nation, should make him red faced with shame and embarrassment.

Purge the Party 

It is time to purge the Democratic party of obstructionists, like Manchin, that are willing to stop a president and his policies by their single vote. Joe Manchin you were not elected president of the United States. Get in line and support President Biden and the Democratic platform. Support voting rights. If you are a Republican, Mr. Manchin, run as one, don’t pretend to be a Democrat. Be brave. Be courageous. As I see it Mr. Manchin, is intent on his legacy being nothing more than the dark smear left by a wet fart.

Quotes on Courage

Here’s a brief collection of some pretty smart comments by some pretty smart people on the topic of courage in life and politics.

1.) “Courage is what it takes to stand up and speak; courage is also what it takes to sit down and listen,” Winston Churchill

3.) “Courage conquers all things,”  Ovid

4.) “The strongest, most generous and proudest of all virtues is courage,” Michel De Montaigne

Conclusion

It is time to fight the obstructionists in the Democratic party. Joe Manchin cannot be allowed to stand in the way of progress much longer. He has ‘shown his ass.’ as they say in Texas, and a few other places; time for Mr. Manchin to vote with his party or leave the party.

OP-ED: The Dangers of the “Shadow Docket”

OP-ED: The Dangers of the “Shadow Docket”

 

The conservative court is using the shadow docket to hide their partisan decisions.

OP-ED:

The Dangers of the “Shadow Docket”

There is a fundamental danger to our democracy when the Supreme Court is allowed to hide their actions through the misuse of the “Shadow Docket.” 

 

The “shadow docket” references cases taken up on an ’emergency basis’, outside the scope of the Supreme Court’s normal procedural order. . . .

By D. S. Mitchell

Partisan And Controversial Decisions

Observers have noted that the current court has disproportionately used the shadow docket to authorize its most right-wing and controversial decisions. Nearly all of the SCOTUS’s Covid-19 decisions have seeped and bubbled up from the shadow docket. Specifically, both of its rulings on the CDC eviction moratorium came through this dark and enigmatic process.

An Unsigned Opinion  

In August of 2021, SCOTUS handed Biden a shocking ruling. The court ordered Biden to re-instate Trump’s “Remain in Mexico” program. Where did this ability suddenly manifest itself? The court has no authority over treaties with foreign governments. None. The outrageous ruling came in a single one paragraph unsigned opinion. This opinion (like other Shadow Docket opinions), gave no insight into the judicial history supporting the court’s decision to upend the constitutional separation of powers.  The court is now looking at the Texas abortion law. I’d call it a bit late. The heartbeat law went into effect on 9/1/2021. It is the first time a state has successfully imposed a six-week abortion ban since Roe v. Wade was decided.  The only reason is that the court has been packed with anti-abortionists. SCOTUS refused to take up the case, initially attempting to hide behind the shadow docket.

Vigilante’s Extraordinaire

As a refresher, SCROTUS said, (by initially refusing to hear the case) it was okay if Texas set up a system where vigilantes are allowed, and in fact, encouraged to pursue a woman in court for damages of up to $10,000; and anyone who assists her in obtaining an abortion.  Imagine this, it can be the cabbie that took the woman to the medical appointment, a friend who provided educational materials on termination, or the doctor who provides the abortion. Each of them under Texas law can be hauled into court and sued by someone with no standing in the case, in effect, on behalf of the state.

Dystonic Fiction

Atwood’s ‘The Handmaiden’s Tale’ in real life.

What We Expect

In the innocence of our collective minds, we fantasize the nine justices in their solemn black robes hearing robust debate in open court in front of fascinated and anticipatory spectators. Their esteemed heads taking in the well-considered arguments between opposing attorneys and ideologies, giving deliberate consideration to the legal issues of each individual case. Only after prolonged and august discussion does the court publish their venerable decisions in long verbose opinions. But, that is a faulty image of what is actually happening, folks. This heavily conservative court has slipped into a dangerous shadow zone, a place where justices lack the courage to sign their names to their own rulings, while expecting complete deference and compliance to those rulings. Somehow the two do not mesh in a democratic society.

Here’s How It Works

Here’s how it works in the SCROTUS of 2021. Lawyers are allowed to submit expedited briefs to make their “emergency” arguments, but they are not allowed to argue in person, in full view of the press and the public. These decisions don’t come after months of deliberation amongst the justices, but quickly and through whatever informal conversations the justices may have between themselves. Usually they don’t bother to explain to litigants the law or logic behind their decrees, instead issuing an order often amounting to a mere few sentences.

My Thoughts On The Matter

I believe, it is clearly evident that SCOTUS is operating in bad faith. This group of hacks is so lazy in their decisions that they won’t even take time to create legal reasons for their partisan hackery. Under the guise of “emergency” rulings this flawed and broken court is making policy. Courts do not make policy. That is not their role. Unsurprisingly the policy this court concocts melds nicely with the extremist Republican party’s political agenda. Using the “shadow docket” the court is attempting to camouflage it’s heinous actions.

Hitting The Talk Shows

Recently several of the sitting justices, hearing angry rumblings across the country have taken to the airwaves. Their recent appearances across media platforms make it clear that the justices have noted that the public view of the supreme court is at its lowest level in decades. When you have justices making speeches at colleges and going on TV claiming they “are not partisan hacks” you can damn well be assured they know the public is on to them.

The Real Danger

The power now wielded by unelected conservative justices is unnerving to me, and should be worrisome to anyone, no matter their place on the political spectrum. Just to point out, any Executive Order signed by this president (or any other president), any law passed by Congress, can be undone in the dark of night, without reason or explanation. Since this administration lacks the spine to proceed with court reform we can expect the six conservative judges to hold veto power over the Democrats entire political agenda.  Not just this year, or next, but for decades to come. It is time in the opinion of this writer to expand the court. The number of justices has been changed five or six times. Such action is not new, but it sure as hell looks like it is necessary.

OPINION: Stop Voter Suppression

OPINION: Stop Voter Suppression

Voter suppression and subversion is nothing new

OPINION:

Stop Voter Suppression 

Election Subversion & Suppression: dilution of voter’s Influence

 

By William Jones and D. S. Mitchell

Look to the Constitution

The U.S. Constitution defines who is eligible to vote. For example, you must be a U.S. citizen over 18 years of age to vote. Each person can vote only once in a given election. Pretty straight forward stuff.

To Clarify

Voter fraud means ineligible votes get counted (ex. husband votes for Trump using dead wife’s mail-in ballot.) Voter suppression refers to any effort to prevent eligible voters from being allowed to vote.(ex. politicians divide up congressional districts to benefit their own political party, diluting the opponents impact at the ballot box.) Any manipulation of the vote goes against the democratic ideal.

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