Point of View Columns

An Excerpt from An American Journal – Awake in a Dream or Asleep in a Nightmare?

November 29, 2020

13,246,771-266,074 (number of confirmed COVID-19 cases – the number of dead Americans at the beginning of the day)

Over the weekend the Supreme Court ruled that state public officials could not put restrictions on religious gatherings in temples, churches, mosques, etc. as that would be a violation of the First Amendment rights of worshipers. And so we begin to see that the iron hand of the religious right being revealed as Amy Coney Barrett, no longer restrained by confirmation concerns or bad publicity, made it clear that the most right wing interpretation of the Constitution will be the indelible mark that she will make on any case that comes her way.

Every first year law student knows that none of the rights articulated in the Constitution are unlimited. You cannot yell “fire” in a crowded theater or threaten the life of the President of the United States to name two pretty basic examples. The idea that public gatherings of any sort – religious or not – cannot be limited by public health officials in the middle of a vicious and totally agnostic pandemic – is offensive in its lack of concern for the safety and well-being of the entire public.

Obviously the restrictions on religious gathering have nothing to do with limiting anyone’s right to worship. But someone’s right to worship does not include the right to infect and kill anyone and everyone else.

Justice Barrett has shown her hand. And it is made of iron.

Her absolutist positions on issues related to religion – like gender equality, abortion and climate change, for example – will soon be on full display.

November 30, 2020

13,385,495-266,887 (number of confirmed COVID-19 cases – the number of dead Americans at the beginning of the day)

Trump continues to rant and rave and rave and rant to whomever will listen, claiming and bellowing that he did not lose the election due to “massive fraud” that literally does not exist. He demanded that Governor Brian Kemp of Georgia, a loyal lap dog if there ever was one, invalidate the recent election results, at least the part where he was concerned.

To his credit, Governor Kemp actually understands the importance of taking an oath to support the Constitution of the State of Georgia and its laws. And its laws state that Governor Kemp cannot do what Trump demands. Again, to his credit, Governor Kemp took the unpleasant but correct choice and told the emperor that he was nude.

There are reports from sources in the White House that Trump alternates between ranting and morose brooding, continuing to say, many time to himself, that he won the election. One staffer likened it to watching the Mad King George. So when, exactly, does the 25th Amendment actually get put to use before Trump does a slovenly sloppy version of “Thelma and Louise” and takes the entire country over the cliff of madness?

December 1, 2020

13,546,787-268,103 (number of confirmed COVID-19 cases – the number of dead Americans at the beginning of the day)

So November blends into December and more Americans are in hospitals than ever before and more Americans are dying by the day. Trump is totally ignoring the tsunami of death and destruction as he continues the madness of election denial. The sad fact that lurks behind everything this man is doing is the fact that over 73 million people voted for him knowing exactly who he is. The path to the self-immolation of a nation could not be clearer.

Of course, ever the hustling con man, Trump has raised over $170 million from MAGA Nation since November 3rd. Presumably donations are supposed to support his doomed legal fight to overturn the election results. But……read the fine print and Trump can use the money to pay campaign staffers, travel for himself and initial funding for his 2024 campaign.

Meanwhile, Trump continues to do everything he can to disrupt and destroy by demanding an acceleration of the release of the vaccines that are going through the final review process. Of course if he gets his way, the man who brought you Trump University will immediately destroy the credibility of the entire vaccination process thereby prolonging the pandemic needlessly.

Members of his legal team are issuing death threats against election officials, many of them Republicans, and it would seem that it is only a matter of time before further tragedy occurs. The mere possibility of this imperils the entire democratic process in a manner that typically proceeds authoritarian rule.

That may seem like an exaggeration. But the thought of 73 million votes for Trump seemed like an exaggeration thirty days ago.

December 2, 2020

13,721,304-270,642 (number of confirmed COVID-19 cases – the number of dead Americans at t0he beginning of the day)

Yesterday Chief Trump Enabler William Barr, a.k.a. the Attorney General of the United States, stated that the U.S. Department of Justice had found no indications or evidence of any significant fraud in the recent presidential election. This should have put the nail in the coffin of Trump’s fake attacks on the election.

Needless to say, it did not, another Tweet storm ensued and now we have one more day in which 2,000 Americans died from the pandemic while Trump does literally nothing about it.

December 3, 2020

13,925,350-273,847 (number of confirmed COVID-19 cases – the number of dead Americans at the beginning of the day)

The COVID-19 pandemic has been a slow motion nightmare from which we cannot awake. The news in one day would be the horror story of the year in what used to be called normal times. Consider:

  • Over 3000 American COVID-19 deaths in one day
  • Former National Security Advisor and recent recipient of a Trump payoff pardon (and author of the “lock her up” chant) Michael Flynn calls for an immediate declaration of martial law and an order for a new election which must warm the hearts of dictators and autocrats all over the world.  
  • Meanwhile Trump ponders whether to fire Barr for finally telling the truth at least one time. One would think that Trump would give him some kind of credit for all the lies that Barr has told on his behalf.
  • What we are seeing is far worse than the scenarios that were imagined just a few months ago – millions of Americans are literally starving – more than 50 million voters believe that the election is a fraud – 73 million Americans voting for Trump in spite of……well, in spite of him being Trump for the past four years – millions of businesses evaporating, taking millions of jobs (and hopes and dreams) with them – clearly too many of us suffered from a failure of imagination

It is worse than it looks and it looks pretty bad

December 4, 2020

14,147,754-276,401 (number of confirmed COVID-19 cases – the number of dead Americans at the beginning of the day)

In the midst of an epic pandemic with spiraling death tolls and collapsing economic indicators, Joe Biden and Kamala Harris remind us of what sane used to look like during an interview with Jake Tapper of CNN.

Coming on the heels of what was even for Trump an epic 46-minute video rant on Facebook reminds us that Trump was prepared to wreak even further havoc on this country if he was reelected. Further proof can be found in the fact that even as a (soundly) defeated soon to be ex-president, he is looking to bring down the columns of the temple on all of us if given just a little more time.

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Point of View Columns

Another Long Weekend in the Life of America

October 9, 2020

7,607,848–212,789 (number of confirmed COVID-19 cases – the number of dead Americans at the beginning of the day

Much of the news of today centers around the foiled plot by white militant militia members to kidnap and kill Michigan Governor Gretchen Witmer. The central grievance of these misguided miscreants? She wanted the citizens of Michigan to wear masks in the middle of a pandemic.

And so, in this crazed climate created by the Instigator in Chief, some very committed militia members who have been mesmerized by Trump’s multiple dog whistles figured that it would be a good idea to kidnap and kill Governor Witmer, in the process inspiring other militia groups to take over state governments around the country. After all, Mr. Good People on Both Sides had provided a veneer of presidential acceptance that heretofore had never existed.

So with the tacit (certainly not spoken) approval of Trump, these good Michiganders did a third rate imitation of ISIS right down to learning how to make IED’s with shrapnel covers. They also staked out Governor Witmer’s summer home and by the accounts of the indictment were not too far from carrying out their infernal plan which, if consummated, would have killed not only Governor Witmer, members of her family and almost certainly multiple members of the law enforcement.

Fortunately for Governor Witmer – and the nation – the FBI and Michigan state law enforcement units were able to apprehend these clown criminals before they could commit their evil deeds. It turns out that they liked to communicate via the secure communication tool of Facebook.

While Governor Witmer received messages of support and commiseration from leaders of both political parties, why are we not surprised by the fact that Trump responded by tweeting that she had been a terrible governor. Which in Trumpspeak means that she deserved whatever could have happened to her.

It makes the blood run cold to realize that there is a very real possibility that this very damaged human being could be President of the United States for another four years.

Clearly this country stands on the precipice of an existential disaster.

 October 10, 2020

7,669, 411-213,837 (number of confirmed COVID-19 cases – the number of dead Americans at the beginning of the day

Today we learned that months ago the CDC was prepared to issue national guidelines that would mandate that masks be worn by passengers on all public transportation throughout the United States. However, members of the Team Trump intervened and prevented that mandate from going out the rationale being that states and localities should determine the best protocols for their respective public transportation systems.

Considering that the VOVID-19 is a national threat it certainly would make sense for there to be a national policy, particularly with what is now considered the most effective means of preventing the spread of the virus. Serious public health officials are unanimous in stating that the wearing of masks, social distancing and frequent hand washing are the most effective means. This is not a strategy that could be different in Georgia as opposed to Wyoming as opposed to New York. Like the virus, science does not operate on a state by state basis.

This story provides further proof that Trump and his minions are literally and actually responsible for the death of many thousands of Americans who could have been saved but for the politicizing of the response to the pandemic. Rather than looking through a lifesaving lens, Trump has only his myopic reelection vision to the exclusion of logic, common sense or care for the well-being of human beings.

And just to keep things interesting Trump has organized another super spreader event at the White House, another campaign rally with 2,000 people who will probably have a dozen masks between them. Doing his best Juan Peron imitation Trump will speak from the Truman balcony (which probably has poor Harry spinning in his grave every time his name is mentioned in connection with the Clown and President).

What is also interesting is that there is no evidence that these rallies are helping Trump’s campaign or his reelection efforts. The people in attendance are already supporters and certainly are not further motivated by a rally where Trump will say the same things that he has been saying since 2005. Indeed, reports indicate that many people in Trump Nation just want to see their Fearless Leader in the flesh and typically leave long before Trump finishes his rantathon.

But the rallies feed his inner megalomaniac. The rallies address his need for reaffirmation that he is an Important Man instead of being a poor excuse for a human being.

In a very real way it is all very sad…. sad for the nation and actually, very sad for Trump.

October 11, 2020

7,755, 527-214,735 (number of confirmed COVID-19 cases – the number of dead Americans at the beginning of the day

The Hatch Act says, among other things, that federal facilities are not too be used for political events. The last time anyone checked, the White House is a federal facility, owned and maintained by the United States government.

Yet, yesterday Trump hosted a totally partisan “rally” at the White House attended by Blacks and Latinos for Trump. Of course the U.S. Justice Department should be looking into this total misuse of federal resources but, of course, the Justice Department is headed by William Barr, Trump’s toothless lap dog, so there is no chance that there will be any examination/investigation by the Justice Department. And in what is one more sign that Trump is debasing the core institutional values of the American governmental system, there really has not been an outpouring of outrage and criticism at the brazen act of lawlessness. In the Age of Trump lawlessness is the New Norm.

And in a show of truly blatant disrespect for a man who has spent a lifetime earning international respect, the Trump campaign aired a video featuring Dr. Anthony Fauci speaking about the government response to the COVID-19 pandemic in a positive way. The Trump campaign spliced that comment into a campaign ad making it seem that Fauci was praising Trump which was simply not the case.

Clearly the Trump campaign is the true reflection of its candidate using anybody and anything for his benefit regardless of truth, validity or relevance.

October 12, 2020

7,763, 371-214,776 (number of confirmed COVID-19 cases – the number of dead Americans at the beginning of the day)

For over a century this day had been known as Columbus Day. It was a day initially meant to honor Italian heritage at a time when Italian Americans were subject to especially harsh discrimination (including a lynching of Italians in New Orleans in the latter part of the 19th century).

This was a particularly benign holiday and an occasion for many to have a day off from work or school. But as the myth of American history transitioned to the truth of American history, it became clear that Christopher Columbus was the advance guard of European genocide, slavery and violent colonization and that Columbus himself enslaved, tortured, killed and robbed the indigenous people that he encountered during his first voyages to the so-called New World.

Today, many people are beginning to refer to this day as Indigenous People’s Day, using it as an occasion to remember that there were tens of millions of indigenous people in what is now North and South America before the appearance of Europeans. And in remembering their existence it becomes possible to also remembering the devastation of their civilizations as part of the Original Sin of America.

The day also begins with the confirmation hearings pertaining to the nomination of Amy Coney Barrett to the Supreme Court. While it is clear that her confirmation is a fait accompli if there ever was one, it does offer the Democrats on the Senate Judiciary Committee an opportunity to lay bare the naked determination of the Republicans to stack the Supreme Court with an iron clad 6-3 super conservative majority for at least the next decade if not more.

Judge Barrett’s opening statement contained the expected platitudes about being committed to fairness and impartiality. But she also stated that she believes that the Supreme Court should apply the law as written and not try to inject policy into judicial decisions. Of course, on the planet on which Judge Barrett lives, banning abortion, gutting the Voting Rights Act and eliminating the Affordable Care Act are not policy decisions, but merely the application of the law. The fact that important policies are affected are, Judge Coney would have us believe, is merely incidental.

And there is no truth to rumor that Judge Coney also has a bridge in Brooklyn that she would like to sell.

As the hearing goes forward it turns out that the future of the right wing of the right wing reimagined Supreme Court will encompass the obliteration or invalidation of accepted policies and principles including the right of a woman to choose, the right of consenting adults to use contraceptives, civil rights laws to protect Black Americans, the remaining protections of the already gutted Voting Rights Act, affirmative action in the workplace and in academia and the right of consenting adults of the same gender to love and marry.

And that is just a warmup.

The title of a Billie Holiday song comes to mind, “Detour Ahead”.

Detour indeed.

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Point of View Columns

Justice Too Long Delayed is Justice Denied

In 1963, in a Birmingham, Alabama jail cell, Martin Luther King, speaking of the ongoing struggle for civil and human rights by black Americans, wrote “Just too long delayed is justice denied”. Those words were true in 1963 and they still ring true in 2019.

Eric Garner was killed by a New York City police officer on July 17, 2014. His murder was captured in real time on video by multiple cellphones and his desperate cry of “I can’t breathe” was heard all over the world although his words fell on deaf NYPD ears. The fact that Mr. Garner’s encounter with the police was connected to the infinitely minor and absolutely nonviolent crime of his selling loose cigarettes (or “loosies”) made this particular blue on black crime even more tragic.

What we know is that several New York City police officers witnessed the murder of Eric Garner and did nothing to restrain Officer Daniel Pantaleo even as he was choking Mr. Garner to death. What we know is that the racist DNA of the American law enforcement system was on full display as the District Attorney of Staten Island, where the murder occurred, did not to seek to indict Pantaleo or any of the police officers for any offenses.

And what we know is that the Obama Administration Department of Justice, headed at the time of Garner’s murder by Eric Holder, and then in 2015 by Loretta Lynch, engaged in a civil rights investigation. Amazingly, this investigation could not come to a conclusion regarding the violation of the civil rights of the deceased Eric Garner, even though his murder was captured on videotape.

And what we know is that on November 9, 2016, then Attorney General Loretta Lynch knew that Donald Trump would be inaugurated as President of the United States on January 20, 2017 and that an Attorney General in the Trump administration would almost certainly put the Garner case into a bureaucratic dustbin. That meant that she had 73 days to make sure that the Civil Rights Division of the Department of Justice took some concrete steps to ensure that justice would be done in the Garner case. And nothing was done.

What we know is that the Department of Justice under the aegis of Attorney General Jefferson Beauregard Sessions III slow walked the Garner case. What we know is that under the administration of Attorney General William Barr the Garner case was permanently buried in 2019, defying logic and common sense in concluding that there was not sufficient evidence that Eric Garner’s civil rights were violated.

What we do know is that throughout all of these meandering delays justice was too long delayed. And what we do know is that when Daniel Pantaleo was finally fired from his position in the NYPD justice had been denied to the Garner family. Mr. Pantaleo will never have to face criminal charges. He will spend the rest of his life as a free man – free to laugh and love and be with his family while Eric Garner remains in his grave and Mr. Garner’s family continues to grieve.

The conclusion must be that the firing of Daniel Pantaleo by the NYPD after five years of delay is that justice has not been served. And what we do know is that the Garner case is another sad illustration of the fact that black lives do not matter in these United States of America. And unless and until there is a basic commitment by governmental authorities and the citizens of this country to acknowledge and recognize the basic humanity of black Americans, it will be impossible to come to any other conclusion but that black lives do not matter.

There has been no justice in the Garner case. Indeed, justice has been too long delayed and justice has been denied.

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The Unending Saga of Trump against America

The Mueller Report and the Barr Cover Letter bring to mind the old fable about the mountain laboring and bringing forth a mouse. There is no rational scenario whereby Donald Trump was going to be indicted and now lawyers can dance on the tip of a needle deciding whether he might be guilty of obstruction of justice, even though he has stated in his own words that he did seek to impair the process of justice at every turn during these past two years.

And so it would seem that the Saga that is Trump will continue to torment this country and this world. But for those that were hoping that the Mueller Report would signal the beginning of the end for Trump, an end that looked a lot like impeachment, it is important to note that this Report might be the gift that keeps on giving. And the final gift might be a new President of the United States in January of 2020.

But before moving on, however, it should be noted what the Mueller Report appears to say, and as importantly, what it does not say. The Report does say that there is not sufficient evidence to conclude that Trump and his minions colluded with the Russian government. To translate into simple English, the Report states that at this point it is not possible to prove collusion beyond a reasonable doubt.

What the Report does not say is why at every possible opportunity Trump has chosen to praise Vladimir Putin on every conceivable issue. The Report does not say why at every possible opportunity Trump has chosen to take the word of Putin over the national security and intelligence community of the United States. And the Report certainly does not explain why Trump has never provided any contemporaneous notes or reports of his solitary private meetings with Putin, even going to the extent of confiscating the notes of his interpreter.

What the Report does say is that Trump is not exonerated when it comes to the issue of obstruction of justice. But anyone with eyes and ears over the past eighteen months has seen Trump say and do everything imaginable and unimaginable to derail the Russia investigation.

From firing the FBI Director (James Comey), to harassing and bullying his Attorney General (Jeff Sessions), to publicly dangling the offer of pardons to witnesses and defendants called to account by Robert Mueller and by casting major shade at Mueller. And then, there is the constant “witch hunt” refrain that Trump has repeated whenever and wherever. These actions and rhetoric by the President of the United States with respect to the Russia investigation certainly sound like the quacks of an obstructionist duck.

It is highly doubtful that the current Attorney General William Barr will ever pursue this matter any further, regardless of any feckless rhetoric that his office might issue. He may not have taken a bloodbrothersohelpmeGod oath to protect Trump with the lives of his children if necessary, but it is a pretty safe bet that he accepted the appointment with the clear understanding that his job was to play the role of Tom Hagen to Trump’s Vito Corleone. And, by the way, there is probably no truth to the rumor that Barr also had a hand in crafting the Jessie Smollett exoneration letter.

Democrats have to be careful not to wrestle with the Russia/Collusion Tar Baby in Trump’s briar patch. Because while the nation is watching the multitude of sideshows that characterize his presidency, other of his minions are working to take away the current healthcare apparatus for over 150 million Americans, as well as destroying the environment and degrading America’s international relationships, to name just a few really important issues. And while it might provide psychic satisfaction to have a Trump impeachment, the Trump lackeys, a.k.a. Senate Republicans, will never convict him.

Nothing would please Trump more than to be able to play the role of Trump Agonistes – a Martyr for All Time. And make no mistake about it, martyrdom might be the role that could actually result in Trump being a two-term president, dooming this country to an unimaginably bleak and dystopian future.

There are enough reasons why Trump should not be president aside from the Russia issue. The busloads and boatloads of Democratic candidates for president would do well to focus on the reasons why they should be president as it is already painfully obvious as why Trump should not be president.

It is said that free advice is worth what you pay for it. But in this case let’s hope that the Democrats are listening.

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