Friday, June 23, 2023

A tale of two political “witch hunts”: Boris Johnson and Donald Trump

 

Gordon L. Weil

It looks like the same thing is happening on both sides of the Atlantic.  Or maybe not.

In the U.K., the country’s political leader has been forced from office for lying about his own lawbreaking.  In the U.S., the country’s once and possibly future political leader faces criminal charges for lying about his own lawbreaking.

As similar as the situations may seem, there are a couple of major differences.  In the comparison, the U.S. seems to come in second to the Brits.

When he was prime minister, Boris Johnson laid out strict rules for responding to the Covid pandemic.  They prohibited large gatherings and required social distancing.  The result was that when Covid killed a parent, the children could be banned from holding a funeral.

While the public obeyed, the prime minister and his government staged parties and ignored the rules. When their partying was revealed, for the first time ever, a prime minister faced police punishment and paid fines for attending.  But he repeatedly assured Parliament that, despite his behavior, no rules had been broken.

Strong evidence revealed that his statements were dubious.  A neutral government review official found he had broken his own rules, and he was forced to step down as prime minister.  He remained a Member of Parliament, primed to make a comeback when, as he expected, his successor faltered.

A special parliamentary committee then looked into whether he had lied to the House of Commons. The committee included a majority of his fellow Conservatives and was chaired by a member from the opposition Labor Party.

In its unanimous report, the committee found that he had lied to Parliament and recommended he lose his seat. He promptly resigned from the House, while attacking what he called the committee’s “witch hunt.”  In an overwhelming House vote to approve the report, many in his party joined the opposition parties in condemning him.  Only seven opposed the report.

Most Conservatives did not vote.  While not formally opposing Johnson, the nonvoters also declined to support him.

The Conservatives who voted placed loyalty to Parliament ahead of support for their former leader.  They acknowledged that he had lied, even though he had led them to an overwhelming victory in the last elections.  His own party probably killed any chance for his comeback.

The decision to protect the integrity of the House was made by the House itself.  The political system could restore itself, when it set aside partisan politics.  Johnson’s few supporters vented, because they knew they could not win.

In the U.S., President Trump was twice impeached by the House of Representatives, but not convicted by the Senate.  In the second case, focusing on Trump’s role in the January 6 Capitol insurrection, for the first time in history any senator of an impeached president’s own party voted to convict him.  Otherwise, pure partisanship prevailed.

Out of office, Trump has been criminally charged with taking with him after his term highly classified documents and falsely claiming that he had returned them all.  He has attacked the Special Prosecutor handling the case, calling it a “witch hunt.”  He may face additional charges of having caused the insurrection and using illegal methods to overturn his election defeat.

Like Johnson, Trump has taken no responsibility for his actions and repeatedly was misleading about them.  Unlike Johnson’s Conservatives, Trump’s Republicans will not put aside partisan support for their celebrity leader and accept the political risk, even if such action would protect the integrity of Congress and the presidency. 

In Britain, Parliament provided a political solution to a political problem, but partisanship makes that impossible in the U.S.  Now, facing charges in court, Trump and his allies seek to politicize the independent judicial system by falsely accusing President Biden of directing the Justice Department to prosecute the former president.

In short, Trump’s Republicans block political solutions made by political institutions while trying to discredit the judiciary by claiming the legal process is itself political, though without any evidence.  If they can succeed, they could undermine trust in government.

The three branches of government are meant to keep a check on one another.  That process is supposed to promote public confidence in the constitutional system.  If government is now boiling down to control by the supporters of a single person with authoritarian views, public confidence will erode.

Public opinion seems to have lost respect for Congress and is losing respect for the courts. The American system was intended to prevent the domination of an unquestioned leader through a system that would protect a broad and diverse public interest.  Yet Trump asserts his right to almost unlimited power.

In Britain, the target of the American Revolution, Parliament appears to have accepted the idea of government accountability found in the U.S. Constitution.  Americans risk losing it.


Friday, June 16, 2023

Trump in trouble: undeniable facts and unanswered questions


Gordon L. Weil

Paradise for pundits and partisan politicians.  That’s the federal case charging former President Donald Trump with keeping classified documents.

His indictment has also launched attacks by Trump’s supporters against anybody they believe seeks to disrupt their leader’s way back to the White House.

The Republican Right, which now dominates the GOP, and the former president go after the prosecutor and President Biden, who they say is the power behind the indictment.   For them, the best defense is counterattack.  The Democrats, fearful of offending anybody, have done little to defend themselves, letting the case speak for itself.

Despite the counterattacks, some facts are beyond doubt.  Despite the fervor of the GOP Right and the hasty analyses of the armies of pundits, many questions remain to be answered.  Here are some known facts and open questions.

Trump took classified documents with him to Mar-a-Lago, the Florida resort he calls home, when he left the White House.  These documents, listed in the indictment, contain sensitive intelligence.  That makes his actions and the pursuit of the documents more than a mere paper chase.

Evidence that Trump knowingly kept sensitive documents and tried to keep them from the National Archives has come from his own aides, people helping him in these efforts, not from his opponents.

Jack Smith, the federal prosecutor, has proceeded in a systematic manner.  He has sought the indictment in the federal District Court closest to Mar-a-Lago, even accepting the risk that he would draw the judge who has previously been blatantly favorable to Trump.  Smith is a professional prosecutor not a political appointee.

There is no evidence that either Biden or Attorney-General Merrick Garland gave instructions to Smith.  As Special Prosecutor, he was meant to be insulated from political pressure.  It may seem logical to the right-wing GOP that Biden is behind the indictment, but partisan logic is not enough.  Evidence is needed.

Possibly to minimize the problem, Trump has suggested that he could declassify documents merely by thinking they were declassified.  Otherwise, why would he do that?  Also there is a formal declassification procedure, because the documents would have become public.  But if only he knew, how would people learn they were now open?

His reasons for keeping the documents remain unclear.  He kept them for many months after his term ended and did nothing with them during all that time. Why risk indictment if there is no good reason for holding the documents?

Trump claims that the charges are a Democratic effort to undermine his reelection campaign.  Should the Justice Department never bring a criminal case against a person who has announced their candidacy for public office?  Or just for president?  Or just Trump?  Exempting candidates could mean a person could avoid criminal prosecution by continually running for public office. 

Assuming the indictment is politically motivated, does that mean the serious charges should not be pursued?  Unlike Smith, some prosecutors are elected and may act out of partisan or personal bias. The same is true for some judges, whether appointed by politicians or elected.  That’s one reason the judicial system includes juries, composed of average people who don’t make a career of it.

In the current situation, Trump has tried to expand the bounds of the judicial process by making personal attacks.  At the outset, he questioned whether Jack Smith was the prosecutor’s real name.  What was he implying?  He has resorted to labeling Smith a “thug,” perhaps because Trump thinks he’s too tough.  It’s doubtful he’ll be that critical of his friendly judge.

The main argument used by Trump and his supporters is that the Justice Department and the FBI discriminate against him and let Democrats off.  The message is that Democrats get away with illegal acts, so Republicans ought to be allowed to do the same.  There’s no point in trying to distinguish the facts of each case; the generalization is as far as we need to go.

This reaction to being criticized or charged has come to be called “what-about-ism.”  In fact, it is based on the belief that “two wrongs make a right.”  That’s contrary to much traditional religious and family teaching.  It is also the way to completely destroy the judicial system.  If crimes must go unpunished because somebody else got away with them, where does this end?

In case after case, Trump stirs conflict by using political and personal attacks to minimize the charges.   He and his supporters resort to lying, mob action, or what-about-ism.  Possible criminal action should be judged according to law.  Period. That’s the case the Democrats could be making a lot more forcefully.

This case and its opponents place the judicial system itself in grave danger. It may not be perfect, but mob rule isn’t better and, despite its claims, it isn’t democracy.

  

Friday, June 9, 2023

Biden, Trump too old to lead the U.S.

 

Gordon L. Weil

I like old people. I am one.

But I believe that we should not run the government.

Do seniors have the ability to govern?   From meeting the job’s formal requirements to helping constituents to raising campaign funds to political travels, the work is demanding and requires both physical strength and mental resilience.  No matter who you are, you lose some of that over time.

The two leading candidates for president raise legitimate concerns about aging and its effect in their possible next term.  Neither seems worried, having the outsized egos required of presidential candidates and the misplaced belief that they won’t decline further in the next few years, let alone die.  Both are in denial about all they have so obviously lost.

For people who would lead a great power like the U.S. in facing incredible challenges, their self-delusion is impressive. Still, no voter should accept the assurances of geriatric candidates, when such assurances fly in the face of the obvious deterioration common among our age group.

Sometimes, seniors in government can be both worrisome and dangerous.  California Democratic Sen. Diane Feinstein, 89, has a solid legislative record.  Her term runs through 2024, but she recently spent months ill at home and not at the Senate.  Her absence affected the urgent consideration of judicial appointments.  Yet she still clings to office.

Her actions recall Supreme Court Justice Ruth Bader Ginsburg.  Though an historic member of the Court, she remained on the bench as her health failed when she could have given President Obama the opportunity of replacing her with a jurist sharing her philosophy.  Instead, she held on until her death, allowing President Trump to name a conservative successor.

As these cases show, geriatric control of the levers of government extends far beyond the presidency.  Senior Senate leaders are aging.  Maine Sen. Angus King, 79 and seventh oldest senator, is thinking about a third six-year term.  Sen. Susan Collins, 70 and 34th oldest, is in her fifth Senate term.

The choice of running mates has become more critical for the two leading presidential candidates as their ages raise the risk they might not live out their terms.  

In 1944, when President Franklin D. Roosevelt looked unlikely to last four more years, Democratic leaders picked Harry Truman, not one of FDR’s favorites, as his running mate.  Biden and Trump will handpick the vice presidential backups for their parties and the country.  They’re not likely to let the parties’ convention delegates choose rather than acting as though they are immortal.

But there is another concern about leaving control to the oldest generation.  The pace of social and political change in the U.S. speeds up.  Listen to popular music.  Compare the ballads and rock of Biden’s youth with today’s hard-edged rap.  Or look at currently acceptable language or concepts of morality.  Old politicians are probably out of touch with much cultural change.

Politicians often talk about trying to improve life for the coming generations of children and grandchildren.  They may fail to recognize that these generations are now adults.  They are not only capable of making decisions for their futures, but they really should take on that responsibility. 

Obviously, experience matters, but it can also hamper imagination and experimentation.  Younger people with new ideas should have greater influence on their country and their futures.  While politicians exert much energy on current battles, that short-term focus draws attention away from looking long-term at future needs and desires.

Senior control is undemocratic.  Only about 16.5 percent of Americans are 65 and older. About half the Senate is at least 65.  Biden and Trump top that age by far.  The country is more gerontocracy than democracy. 

Voters won’t make the adjustment themselves.  Candidates need to regard office as a public trust, exercised for a limited period, not as a job to be held until death or senility.  A little modesty would help.  Term limits make sense to discourage senility in office, if for no other reason.  People can keep contributing to their country without holding public office.

For the moment, the age question comes down to Biden and Trump.  Each is almost certainly too old to assure us they could satisfactorily serve another term.  The lack of alternatives is one more sign the political system is broken.

They could walk away from the campaign, which might well enhance their place in history.  Or they could be challenged by primary candidates whose key issue is the need to limit the age of our leaders.   Or they could throw the choice of their running mates, each a potential president, to the primaries or the national conventions. 

As an old guy, I’d bet on one thing.  Based on our experience, a great many of us in the Biden-Trump age group think that neither of them should run.


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