Republicans scraped the bottom of the barrel last October when they elected the little-known Mike Johnson of Louisiana Speaker of the House of Representatives and second in line to the Presidency of the United States. Johnson emerged as the fourth Republican nominee in what had become a clown show of political infighting after the Republican caucus threw out Speaker Kevin McCarthy. Johnson’s election required fifteen votes.
McCarthy was voted out of the job in an extraordinary showdown, a first in U.S. history, forced by a gang of hard-right conservative Republicans. The vote threw the House and its Republican leadership into chaos. McCarthy’s crime was to have reached a bipartisan agreement with Democrats to fund the government for a brief period to prevent a shutdown.
I remember vividly the decision of the United States Supreme Court in Bush v. Gore, 531 U.S. 98 (2000). The Supremes had opined on elections many times before. But this was the first time the top court literally decided an election, stopping the ballot counting process still under way in Florida, and declaring George W. Bush the winner and 43rd President of the United States.
Moreover, it came to its decision by a party-line vote of 5 to 4. That led many to question the validity of the decision, which was based on the determination that the vote counting in Florida would violate the due process clause of the Fourteenth Amendment. Note I wrote “would” rather than “did”. The Bush Court apparently consulted a soothsayer and reached its conclusion based on a prediction, not an actual event. We can never know if it was right.
This is nuts. That’s all I could think as I listened to D. John Sauer, an attorney for Donald Trump, with Trump sitting in the front row of the courtroom, tell a panel of the United States Court of Appeals for the District of Columbia that it should overturn a decision of the district court and dismiss the federal indictment against Trump for crimes connected to the January 6, 2020, mob assault on Congress.
To recap, on August 1, 2023, Special Counsel Jack Smith charged Trump with four federal criminal counts after a grand jury investigation into Trump’s attempt to overturn the 2020 election, culminating in the January 6th insurrection. In October 2023, Trump claimed in the case that he had absolute immunity from prosecution for actions he took as president but Judge Tanya S. Chutkan, the trial judge in the case, rejected (opinion here) Trump’s claim, finding that “neither the Constitution nor American history supported the contention that a former president enjoyed total immunity from prosecution.” Trump appealed the ruling.
Let me give you a piece of advice. If someone asks you what caused the Civil War, the answer is “Slavery.” Do not equivocate. Do not hesitate. Do not complain about being asked a “tough” question. Just say, “Slavery”.
If you think I’ve written something like this before you are correct. The last time I was talking about three women who were in charge at three of our top universities. Today I address one woman who wishes to be in charge of the whole nation.
There are reasons why journalists usually write analysis and commentary only after a breaking event has settled. Today Maine’s Secretary of State, Shenna Bellows, disqualified former President Donald Trump from appearing on the state’s 2024 Republican primary ballot. Her decision was based on the 14th Amendment of the US Constitution, which prohibits anyone who has “engaged in insurrection or rebellion” against the United States from holding office.
Donald Trump had already been processed on three criminal indictments. But in each of those he was treated with unusual care, avoiding the mug shot usually taken for anyone arrested on criminal charges. That distinction ended with the fourth indictment. Fulton County, Georgia did not give Trump an exemption from its normal process. Trump now has a mug shot, and a number, P01135809. America now has its own Jean Valjean.
The mug shot on the left above speaks for itself. I don’t understand what message Trump is trying to convey with that scowl. Perhaps you do. The photo has been distributed widely by Trump’s campaign and it is being used on coffee mugs, shirts, and hats sold to raise funds. In just a few days, more than seven million dollars has reportedly been raised. There are many reports that a large amount of these “campaign contributions” are being used to pay Trump’s legal expenses. The quote often associated with P.T. Barnum was right. There is a sucker born every minute.
In his booking record, Trump states that he is 6-foot-3 and weighs 215 pounds, almost 30 pounds lighter than his White House physical in June 2020. This has prompted a lengthy list of joking comparisons on the Internet showing various sports figures with similar measurements. We are easily amused these days.
Trump’s latest arrest came the day after eight of his so-called challengers for the Republican nomination for president in 2024 met for a so-called debate in Milwaukee. The Fox channel entertainment, which Trump skipped, had little of substance beyond the moment when six of the eight raised their hands and promised to support Trump if he was the nominee of the part even if he was a convicted felon at the time of the election. You had to be there. See the other picture above.
It is amazing that the party of Lincoln has reached this point. It is really the party of Trump now, and little else. Republicans defended Trump when he paid hush money to a porn star. They defended him when he withheld weapons for Ukraine for political reasons. They defended him after he led a coup attempt against our democracy. They defended him after he removed top secret classified documents, stored them in the bathroom, and repeatedly lied to the authorities about it. They defended him after he pressured Georgia officials to overturn the election results in the state.
The Republican party I grew up with is long gone, dissenters Chris Christie and Asa Hutchinson notwithstanding. According to a survey conducted Aug. 24, 58% of potential Republican primary voters back Trump for the GOP’s 2024 nomination.
With that statistic it seems a waste of time to talk much about this TV event. Hosts Bret Baier and Martha MacCallum, who play journalists on various Fox channels, rarely mentioned Trump during the session. They opened with a question about a song on the Billboard Hot 100 list.
Eventually, prior to November 2024, I’ll get around to explaining inflation, the issue of most concern to American voters. This is where incumbent President Joe Biden is most vulnerable. Yet it was of little concern to the eight would-be challengers or the hosts.
Addressing a soft-ball question on inflation Ron DeSantis rambled something about fighting inflation by firing Anthony Fauci. Fauci, who was director of the National Insitute of Allergy and Infectious Diseases and a leading advisor to the president on Covid, retired from public service in 2022. He also had nothing to do with inflation. This answer was par for the course for DeSantis, who refused to answer questions directly, always offering some canned talking point without substance.
Vivek Ramaswamy introduced himself by stealing a line from Barack Obama’s first presidential debate in April 2007. The thirty-eight-year-old Ramaswamy made a fortune in finance, pharmaceuticals, and biotech. He calls climate change a hoax and promotes fossil fuel as the secret to economic success. Ramaswamy wants to raise the voting age to twenty-five. He’s also called for voters to pass a civics test. “The U.S. Constitution,” Ramaswamy says, “is the strongest guarantor of freedom in human history. That is what won us the American Revolution.”
The Revolution ended with the signing of the Treaty of Paris on September 3, 1783. The Constitution was signed in 1787. It went into effect after the nineth state ratified it on March 4, 1789. Ramaswamy would flunk his own test.
Mike Pence declared himself to be his own man, defending his decision to not commit treason by illegally invalidating the election of Joe Biden to be President on January 6, 2021. Pence repeatedly says Trump is not fit to be president. But he raised his hand and promised to support Trump if he is the Republican nominee in 2024. Go figure. Pence also pushes a national ban on abortion as a divinely inspired mission affirming the sanctity of life. Pence is also a staunch supporter of the death penalty. Go figure.
Men wouldn’t vote for Hillary Clinton. Will Republicans vote for Nikki Haley? Can any woman be elected president? Seems like an uphill battle for 2024. Haley surprised me by blaming Republicans in Congress for spending too much. She also was the best at exposing Ramaswamy’s uninformed positions on Ukraine and foreign affairs. She was the U.S. Ambassador to the United Nations under Trump, a president who hated the United Nations.
Was Tim Scott really there? I got that he grew up in a single-parent household. And that’s all I got.
Doug Burgum is the current governor of North Dakota. North Dakota is a state that never should have been created in the first place. If you add the populations of North Dakota and South Dakota together you will still have a state where nobody lives. Burgum thinks small-town values can solve everything from crime to foreign affairs. He doesn’t appear to have enough to do at home.
The former governor of Arkansas Asa Hutchinson seems like a nice guy. He’s an anti-Trumper but beyond that there’s no there there. He does want to cut the number of government workers. At least he didn’t endorse the DeSantis plan to “start slitting their throats on day one.”
And finally, there’s Chris Christie. He’s fun and entertaining. He attacked Trump like no one else dared and withstood the anger of the pro Trump crowd. He doesn’t have a chance.
Oh, I tried. I tried to write about the horrible fire in Maui. I tried to write about elite universities. I tried to write about artificial intelligence. And I tried to write about the ongoing strike of writers and actors in Hollywood.
But before I could publish, it happened again. Donald Trump. Back to the top of page one. Unavoidable.
Donald Trump and eighteen others were indicted in Georgia on Monday over their efforts to overturn his 2020 election loss in the state. Prosecutors used a statute normally associated with mobstersto accuse the former president, his lawyers, and other aides of a “criminal enterprise” to keep him in power.
The nearly 100-page indictment details dozens of acts by Trump or his co-indictees to undo his defeat, including asking Georgia’s Republican secretary of state to find enough votes for him to win, harassing an election worker who faced down false claims of fraud, and attempting to persuade Georgia lawmakers to ignore the will of voters and appoint a new slate of electors favorable to Trump.
I’ve said it before, and I’ll say it again. I love sharing with you my opinion, something I was rarely able to do in my many years with CBS, NBC, and PBS where my task was to present the unvarnished facts of events without commentary. But I still try as hard as I can to make sure my opinions are clearly opinions, and my facts are accurate. I also work to provide you with links to primary sources, which I implore you to read for yourselves. I remain shocked at how many Americans can’t be bothered reading documents or watching videos and instead adopt the viewpoint of whatever talking head they favor from whatever cable or internet source provides the echo chamber in which they hear the views they are predisposed to believe without a challenging word to raise doubts or questions.
Please read the indictment, here. And listen to the whole one-hour recording of Trump’s phone call on January 2, 2021, with Georgia Secretary of State Brad Raffensperger, here. Do the work. Then you can decide what it means.
“The indictment alleges that rather than abide by Georgia’s legal process for election challenges, the defendants engaged in a criminal racketeering enterprise to overturn Georgia’s presidential election result,” Fulton County District Attorney Fani Willis, whose office brought the case, said at a late-night news conference. Willis’ investigation stretched over two and a half years.
The Georgia case is significantly different from the two cases previously filed in federal court by Special Counsel Jack Smith. Willis’s expansive detailing of events and use of laws (“RICO“) usually employed to go after mob bosses, will allow Fulton County prosecutors to tell the jury a story of a wide conspiracy to reverse election results in multiple states and build a compelling narrative of Trump’s actions in concert with numerous accomplices. But the logistics of putting Trump on trial along with eighteen other people, each of whom may file pretrial motions, in a racketeering indictment so complex and multilayered could result in many pre-trial motions and delay. Even so, Willis has asked the court to schedule a trial in March.
There are many interesting legal issues raised in this indictment. And whether I like it or not we will probably consider several of them in the months ahead. But first I expect you to do your homework.
For now, some quick observations. Trump’s defense, and those of many of his co-indictees, center around the idea that all he was doing was exercising his first amendment right to speak freely and criticize the election results. Another defense is that Georgia, in this indictment, and the federal government in the two indictments it has filed, is criminalizing conduct which is not criminal.
That’s where the “RICO” business comes in. RICO stands for the “Racketeering Influenced and Corrupt Organizations” Act. It was a groundbreaking piece of legislation passed in the United States in 1970 with the goal of financially crippling the Mafia. The act provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. More than thirty states, including Georgia, have passed state RICO statutes based on the federal law.
Willis explained that “overt acts are not necessarily crimes under Georgia law in isolation but are alleged to be acts taken in furtherance of the conspiracy. Many occurred in Georgia, and some occurred in other jurisdictions and are included because the grand jury believes they were part of the illegal effort to overturn the results of Georgia’s 2020 presidential election.”
The Georgia charges have the potential to accomplish something that the federal indictment does not, holding people other than Trump accountable for what happened. The other eighteen defendants, accused of being members of a criminal enterprise, include lawyers, political operatives, state Republican Party officials, and even a Justice Department official. The indictment charges Rudy Giuliani, the former New York mayor who served as Trump’s personal attorney after the election, Mark Meadows, Trump’s White House Chief of Staff, and several other Trump advisers, including lawyers John Eastman, Sidney Powell, Jenna Ellis, and Kenneth Chesebro. Some of these are believed to be unindicted and unnamed co-conspirators in the federal cases.
The Georgia indictment reads like a story, a tale the public should find easy to understand. The recorded telephone call speaks for itself and has been available for the public to hear for more than a year. The indictment specifically accuses Trump with making false statements and writings for a series of claims he made to Raffensperger and other state election officials, including that up to 300,000 ballots “were dropped mysteriously into the rolls” in the 2020 election, that more than 4,500 people voted who weren’t on registration lists and that a Fulton County election worker, Ruby Freeman, was a “professional vote scammer.”
Giuliani, meanwhile, is charged with making false statements for allegedly lying to lawmakers by claiming that more than 96,000 mail-in ballots were counted in Georgia despite there being no record of them having been returned to a county elections office, and that a voting machine in Michigan wrongly recorded 6,000 votes for Biden that were in fact cast for Trump.
Another defendant, Stephen Cliffgard Lee, is alleged to have traveled to Ruby pFreeman’s home “with intent to influence her testimony.” Freeman and her daughter Shaye Moss testified to Congress last year about how Trump and his allies acquired surveillance footage from November 2020 to accuse both women of committing voter fraud, allegations that were quickly debunked yet spread widely across conservative media. Both women, who are Black, faced death threats.
Trump has personally used his social media platform to attack Willis and other prosecutors, describing them as “vicious, horrible people” and “mentally sick.” He has referred to Willis, who is Black, as the “racist DA from Atlanta.” His 2024 campaign included her in a recent video attacking prosecutors investigating Trump. Willis has raised concerns about security as her investigation has progressed, citing Trump’s “alarming” rhetoric and the racist threats she and her staff have received. Trump has also attacked the judges. He may be put on notice at his arraignment that further inflammatory posts could lead to his imprisonment pending trial.
And unlike the federal courts, where cameras are forbidden, the Georgia courts are generally open to cameras and live coverage of the trial in Georgia is likely. That will put the spotlight, usually reserved for Trump, on prosecutors and the legal process. The public proceedings may be just what the country needs.
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