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The Screaming Moderate

We are in a very precarious place

4/25/2019

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Our government and society lie in a very precarious place right now.

The system of government our founders put in place, which has worked just fine for nearly 250 years, is being tested like never before.

President Trump’s decision to thwart the Congress at every step of the way is the act of an imperial leader, just the type of person our founders drafted a Constitution to avoid.

The political debate has moved from discussion of the Mueller investigation to a debate over our system of government. Congress has requested and subpoenaed information and witnesses from the Executive Branch and is being impeded at every turn by Trump.

This, my friends, is our system of government. The Congress, along with passing laws and budgets, also has an oversight responsibility over the Executive Branch. It was always thus and, I hope, always will be thus.

Is it a political process? Yes. Political parties and individuals are involved and by its very nature that makes it political – on both sides. That was the founders’ intent.

Along with legitimate oversight responsibilities, the House, with Democrats in control, are flexing their muscles, something the previous Republican majority never did, at least when it comes to President Trump. They certainly have in past Administrations, and would now, if the President were a Democrat. Because that’s providing oversight. Citizens can choose to not believe what comes from that oversight but the way to take action on that is Election Day if they disagree with what’s being done.

President Trump, meantime, has his eye on reelection and thus looks at everything as political. In fact, he’s looked at everything under a partisan microscope since the day he won the 2016 election.

Trump and his supporters claim that Russian “collusion” was “litigated” in the Mueller probe and we should move on since he wasn’t charged with any crime. They also claim that release of his tax returns was “litigated” in the last election, and we should move on.

Regarding the Mueller report, that showed that nothing the President or his staff or family did regarding Russian interference with our election, rose to the level of a provable crime. It doesn’t have to be a provable crime to be an impeachable offense. The two are not the same. And when it comes to obstruction of justice, the special counsel decided against that charge because of Justice Department policy that a sitting president cannot be charged with a crime. The report clearly said that charge would be up to Congress to deal with.

Regarding his tax returns, that issue was not determined because he won the election. His tax returns were not on the ballot at all. In fact, he said that his tax returns would be released at some point. He said he was under audit and therefore wouldn’t but that he would once the audit was over. That’s what was litigated in 2016 -- that voters trusted a candidate's word (whether they agreed with it or not) to withhold his returns until an audit was completed.

Trump made a promise that he would release his tax returns. The people who believe in Trump, along with those who don’t, expected he would release his taxes at some point. Clearly, as his acting chief of staff has said, that day never will come and Trump never planned on releasing them. He said that he would so he could get through Election Day because he knew that if lightning struck and he won, he’d continue to stonewall on his taxes. If he lost, which even he expected, the issue would be moot.

Of course we all think he’s hiding something.  Otherwise, why would a man who builds his public image as a successful businessman and billionaire hide his taxes? His instinct should be to release them and be admired for all he accomplished and earned.

Did Mueller view his tax returns and determine not to focus on them? I don’t know. And neither does President Trump, though he implies Mueller did look at them. They weren’t mentioned in the special counsel’s report.

Meantime, the majority in the House is investigating various things involving Trump and his Administration. That’s their job. Fact is, if the voters don’t want that to happen they will vote out those Congressmen in 2020. In 2018 the voters decided to elect a majority of Democrats in the House. Thus, one could argue the Trump administration was litigated then and oversight was endorsed. What’s good for the goose, etc.

Trump now claims that since Mueller investigated everything, there’s nothing left for Congress to look at. Maybe so. But that’s not his decision to make under our Constitution.

Trump’s stonewalling on government data, documents and witnesses is an attack on our Constitution and the public’s right to know. Trump yesterday claimed to be “the most transparent President in history” but even his supporters must acknowledge that isn’t true.

The White House has basically closed down daily press briefings and similar steps have been taken at Cabinet departments. The public has the right to know what its government is doing. And the media are one avenue to get out that information. There are other ways – like Twitter or Facebook or direct emailing. And this White House does them all, except respecting the media. (Of course that doesn't stop them from going to the press "on background" to talk about things. Even the President does that.)

Like many of you, I follow Trump’s tweets. I also get his at least daily emails which report (using his own people to get the information) on the latest good news, in their interpretation. It’s like Fox news’ talking heads in that way. All positive about Trump.

Also, like most of America, we know that Trump embellishes and lies. And now it’s been documented independently that this press secretary does the same.

Trump, like all congressmen and each of the Administration’s political appointees took an oath to our Constitution. He is not living up to that oath -- to protect and defend the Constitution, which lays out Congress' role.

If he has nothing to hide, why not allow his people to testify? Or provide information to the Congress? If all he is doing is on the up and up, he should welcome such opportunities for  his people to directly lay out his accomplishments.

If you take a step back – even those Trump supporters who may read this – you will see that he is not living up to his oath. If you don't agree, you are conceding to the great and powerful Oz, and if you do that now...his actions will get worse with time and confidence that he can get away with it.

Trump views his role as a CEO with all branches of government answerable to him. It is not, and never was intended to be. We have three branches of government, independent of each other, for a good reason – to avoid a dictator or ruler or to take away the power from the people, with each branch of government keep the others honest.
 
Our precarious position puts us on the precipice of a strongman dictator form of government. Now’s the time to recognize that and act.


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Some lessons from Mueller Report

4/19/2019

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The long-awaited Mueller Report is out (redacted) and basically tells each side of America’s polarization they were right. Some thoughts:
  • Whether you think President Trump is guilty of crimes or not, one thing is clear. He’s an unethical, mobster-like (at least the Hollywood version) president who daily lies, gives orders to staff who, according to the report and its assigned tasks to investigate, smart enough to ignore his orders.(Uh, read that last part again: the President of the United States orders to his staff often are ignored because following them would be criminal or morally wrong.)
  • Trump, who fancies himself – and is – a brilliant marketer and master of branding has succeeded in damaging seriously the United States brand of free speech, freedom of the press, a beacon for immigrants, rule of law and other institutions we are respected for. And he did it in just two years.
  • Trump was smart enough to know that when a special counsel was appointed he was “fucked” -- a quote that likely will be widely remembered in future volumes of presidential quotes. The counsel, though, didn’t “fuck” the President, the President “fucked” himself with his conduct in office.
  • Special Counsel Bob Mueller once again in his career proved he is a straight shooter. Every word of his report was carefully chosen, every rule of the Department of Justice was followed. He did not “charge” Trump with obstruction of justice because the Department of Justice has a rule or policy against indicting a sitting President. But he chose a path where he certainly laid out the case if the Congress wants to make it.
  • Speaker Nancy Pelosi and her leadership team are right not to pursue impeachment now – there isn’t enough time for the process to happen before the next presidential election and it would, politically, split this country even more. There will be great pressure on her but she’ll withstand it and the firebrands of the freshmen class will learn leadership is there for a reason.
  • Bottom line, the Russians interfered with our election and are doing it still. The President should at least acknowledge that because as much of a danger as Trump is to this country’s foundations – Russia succeeded bigly in its efforts to create havoc in our free society.
  • The combination of a morally-challenged President and an adversary/enemy the size of Russia is a serious threat to the country as we know it. Neither can be ignored.
  • Trump feels entitled to run the country like he ran his businesses – centered in family and personal loyalty and rule/law breaking – in his first term. Imagine a second term when he could say with some credibility “the voters knew all the information and still re-elected me.” It will be utter chaos.
  • The Mueller Report proves more than a few times, that when Trump and his henchmen yell “fake news” it is they who are lying, not the media. People should pay attention to that because in recent surveys, the media are falling in their respect. Some of that is their own doing (cable talking heads come to mind) and a lot of it is Trump yelling “fake news” every time a story appears that he doesn’t like. Funny, he’ll quote the New York Times, Washington Post and others when it makes him look good, and yell “enemy of the people” when he looks bad.
  • This White House has lied to the people, and the media, literally from Day One of its swearing in (does attendance at the inaugural ring a bell?). They lie with abandon and without even thinking about it. Take, Trump’s spokesman, Sarah Sanders. She makes things up on the spot like Trump does. The report specifically mentions the time Ms Sanders told the then-then daily, or close to it, briefing that many FBI agents called or wrote her(why they’d call her never made sense) to support Trump’s firing of the FBI director, James Comey. She made it up on the spot and claimed to the special counsel that it was a ‘slip of the tongue.’ No, Sarah, that is not a slip of the tongue – that is a lie. And you know it. And you’re lucky you didn’t get charged with perjury for lying to the special counsel.
  • Attorney General William Barr came into this Administration with a good reputation as a lawyer and former AG. His performance the last few weeks runs in the face of that. For a guy who came in saying he had nothing to lose by standing up to the President, if need be, he failed his first test based on the evidence.
  • The final report card on Trump won’t be marked until the 2020 election. Trump will be able to beat some Democrats, barring any other crazy happenings in his last year and a half (I won’t even attempt to define “crazy” with this president. The Democrats need to choose their candidate with care.
 

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Setting up a campaign of right-est and left-est?

4/16/2019

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The Democratic Party with its factions on the far left and the middle and with Bernie Sanders looking like a strong presidential contender at the moment, puts Nancy Pelosi   in a precarious position.

Once-upon-not-too-long-a-time ago, the Republican Party floundered and the right wing of the party began to grow, fueled by strategists and others who saw a way to leverage the right to win presidential and congressional elections. Think Newt Gingrich and the takeover by the right (Tea Party) in the House. Think Southern Strategy. 

Eventually that right wing took over the party and then Donald Trump leveraged it all to his advantage so that the old Republican Party is not recognizable.

Skip ahead to now and the Democratic Party. Vermont Sen. Bernie Sanders, an independent self-proclaimed Socialist, tinkered away on the edges of the party until 2016 when he gave Hillary Clinton a run for the nomination and 2018 when the party took back the House and added more progressives (socialists?). He also gave the liberal-est in the Democratic Party a place to reside. And with the take-back of the House last year, many more liberal-est and self-empowered new members were elected.

Pelosi as Speaker of the House and the party’s senior elected official has to wrangle not only an impossible to wrangle President but an empowered left of her caucus that led her back to being the Speaker.

Sanders, with a deep bank account (professionally and personally) and a loyal group of supporters (akin to Trump’s base) is leading the announced candidates in a too-early-to-matter-except-to-political-fanatics contest for the presidential nomination. He has the money to last a long time and the base to possibly build on his record of winning 23 caucuses or primaries in the 2016 race.

Bottom line, the Democratic Party is facing a challenge not unlike the GOP in years past.
Adding to it, President Trump is focusing more on his favorite political tactic of divide-and-conquer by trying to make freshman Cong. Ilhan Omar (D-Minn.) the face of the Republican Party. Omar, one of the first Muslim women to be elected to Congress, has all the elements the hateful Trump likes to leverage: she wears a hajib, she seemingly favors the Palestinian position over the Israeli position in the Middle East and she has slips of the tongue that Trump and his supporters cherry-pick to advance their propaganda.

It’s only a matter of time before Trump aims his hate speech more at Sanders as we get closer to primaries and caucuses. Put Sanders and Omar together, and Trump has the symbolic campaign he wants – a Democratic Party dominated by a Socialist and a Muslim.

Sanders also will be a Trump target because his books made money, enough for his opponents to be able to claim that he is a millionaire. Thus, in his opponents minds, making him being the spokesmen for the poor in the country a myth at worst and hypocritical at best. I don’t’ know where it says millionaires or billionaires can’t also be advocates for the lesser off. In fact, many wealthy people do that (see George H.W. Bush’s life).

It’s too early to say who emerges from the Democratic pack as another front-runner. Joe Biden is lurking. California Sen. Kamala Harris is impressive so far, as is South Bend Mayor Pete Buttigieg. Neither has yet undergone the national media gauntlet that awaits any candidate who steps ahead and it will be interesting to see not only what is in their backgrounds but how they handle it when it comes out.

This can only get uglier as we go because Trump learned long ago that his style is effective, especially with his base. And he truly has no filter or empathy.

Sanders and Omar will likely become more prominent, giving him the foils he loves for his campaign of hate. And if Harris, a black woman, and Buggigieg, an out politician, gain more prominence we’ll see just how far Trump is willing to take his rhetoric, which so far knows no bounds.


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As 2020 approaches, Trump is more Trumpian

4/10/2019

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 President Trump has two deferred positions when his policies don’t work – lie or fire people, and usually he defaults to both.

His primary campaign promise (to decrease immigration, build a wall on the southern border and have Mexico pay for it) has turned into increased illegal immigration, no new wall built and not only Mexico not paying for it, but him closing the government to get money from taxpayers to pay for it.

Trump, despite trying for two years, has not only not made a dent in holding back immigrants from entering the country via the southern border, the numbers have increased. And even though he has built not one foot of his wall, he says he has started – but what he really is doing is replacing wall, not building new wall, a program begun before he was elected. 

Thus, he has done what he does whenever his policies don’t work – he fires people. In this case, the top of the leadership at the Department of Homeland Security, including the secretary, Kirstjen Nielson, who has gone from someone he didn’t like, to someone who sucked up completely to him and winning his approval to someone he doesn’t like because his policies aren’t working and he’s pointing the finger at her.

Trump is at his best (worst) when something is wrong and he has someone(s) to blame. His current targets to blame are Nielson, others in her department and the courts. Trump is the most lawless-abiding president we’ve ever had. He wants, according to sources unnamed in the media, his appointees to break the law to stop the immigration, legal and illegal.

It is legal to enter the United States and seek asylum. It’s one of the strengths of our country – “give me your tired…” etc.

Trump says his dad was born in Germany (he wasn’t) but in any event his ancestors, like all of ours (unless you’re an American Indians), came from other countries. His chief immigration brain, Stephen Miller, is also the son of immigrants who came to the U.S. for a better life. Miller is the mastermind of Trump’s failed immigration policy and basically wants to stop everything this country provided to his ancestors, and thus him, for their success – and even for the son of immigrants to work at the White House.

Miller, it’s safe to say, is a raging lunatic on the subject. And he stays in his safe White House job of advising the President instead of seeking a line job where he actually would be responsible for immigration.  This way, when things don’t work he, like his boss, he can blame someone else and lobby for their firing.

Fortunately, America’s institutions are still working and the courts have become what they were intended to be – interpreter and applicator of the law in the name of the state and the mechanism for dispute resolution.  When Trump takes a turn for the worse, the courts snap the choke collar and right the American ship again. So far.

You may have noticed that not only has Trump had two picks for the Supreme Court, which he thinks gives him a majority once his crimes (and many are crimes) reach the Court for a decision. Fortunately so far in our history, the Supreme Court almost always does the right thing based on the Constitution. So far.

Trump, as he is trying to do on the Federal Reserve board, is placing Trump acolytes – folks (all men so far) he thinks will be loyal to his way of thinking and, thus, he expects, they will back him up when the time comes despite the law.

If he’s right, our system will have failed us if those independent institutions start following his loony lead.

Trump’s new immigration mantra is “our country is full,” which in his mind means we stop accepting immigrants. I guess that also means his Trump Organization can stop building new housing in this country since we are full.

A challenge though is our country is not full in any sense of the word. My generation, baby boomers, are retiring and dying, which lessens the population pool and the employee inventory. We not only have room for immigrants, we need them to keep the country going.

But that would take looking ahead, something this White House seems allergic to. Its temporary inhabitants only see today, not tomorrow. Those who run Trump properties understand as they regularly have used illegal immigrants as waiters and waitresses, cooks and caretakers of his golf resorts. It’s been part of their business model.

Imagine what we will see from President Trump if he should win a second term and no longer has to worry about reelection and, thus, is free(er) to run things as he chooses. Right now, according to reports, he orders his underlings to break the laws and from what we know, that has been mostly resisted.

It goes, too, to the release of his taxes. His Acting Chief of Staff Mick Mulvaney said on the Sunday shows last weekend: “Keep in mind that that’s an issue that was already litigated during the election. Voters knew the president could have given his tax returns, they knew he didn’t and they elected him anyway.” 

Which would be a good explanation if it were true.

The facts are that the President said he would release his taxes if they weren’t under audit (a claim that has not been confirmed by anyone) so the voters elected him on the promise of the release of his taxes and for many other reasons, of course.

A piece in today’s New York Times by Ruchir Sharma makes the case that Trump runs much of his economic policy based on what will keep the stock market healthy. That could be his focus as a New Yorker on the exchange's reflection of the economy (which it is not completely) or because maybe he is doing his best to focus on the market because of his investments?

We don’t know and won’t unless he releases his taxes, like every other president has done in recent decades.

The fact is, as reported by credible news outlets, the people who work for him have referred to him as “unhinged,” especially as the 2020 elections get closer and he worries about his reelection and his failure to deliver on many of his promises.

Not often the person who depends on you for his or her job calls you “unhinged.”

His acting chief of staff, it's been reported, defers to Trump's gut on many important issues, which is one reason he is so far successful in Trump's eyes. He reinforces the President's desires and doesn't often try to stop his gut.

Prior to joining this Administration Mulvaney was a leader of the right-wing Tea Party in the House of Representatives. That's the crowd that, pre-Trump, wanted to burn down Washington as it exists.

He's gone from trying to burn it down to just working to blow it up.



 

 



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Catching up with the news

4/4/2019

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(Editor’s Note: The Screaming Moderate has not been published in a few weeks which was either gremlins in the system or me being away from home using a computer that for some reason wouldn’t allow me to publish. Maybe the Gremlins were sending me a message? Anyway apologies. I did miss some big news events which I try to cover in this post.)

Mueller Report. Well, we don’t really know what the full report says because all we have so far is the Attorney General’s (AG) summary of the conclusions. We’re missing the nuance and many facts. Normally if the person isn’t being charged the Justice Department doesn’t release that information, understandably. Clearly this is a different case that has major interest across ideological and political lines. A huge majority of Americans want to see the report. The Congress is doing its best to get the full report released. I never though Trump “colluded” with the Russians but I do believe, from a non-lawyer’s view, that he obstructed justice. The Special Counsel left that call, though, apparently to either the AG or the Congress. The AG chose to make the call. Members of Mueller’s former staff are privately complaining that the AG didn’t release more info. While AG William Barr has a strong record for high integrity, he followed DoJ policy and didn’t release more info. We need to see that information. The likely result will be half the country will believe one thing, the other half another. But transparency is mandatory in this case.

Joe Biden space invader. The big noise this week is the former vice president’s invading (mostly) women’s space with his personal approach to politics. No one is accusing Biden of sexual aggressiveness. He has said he’s now learned about invading someone else’s space and will improve in that area. He needs to but he also means nothing by his style. I’ve experienced it myself. His style is genuine. As empty as President Trump is of empathy, Biden has it in barrels. His physical behavior, though, is  of another era. He may try to change but it’ll be hard since it is who he is. In any event, Biden is of a different era in many other ways too. Some good, some whose time has passed. He was never a successful or good campaigner for the presidency.   He indeed is of another era and I wish he’d pass on this campaign and remain an elder in the party  and the country whose voice is listened to. Another unsuccessful effort would lessen his stature. And it’s past time to hane over the keys to a different generation.

Hill investigates Trump. While the Congress is correct in pursuing President Trump’s tax returns and more info on how he conducts his commercial businesses, in a way they are playing into Trump’s strength: stall, lie, and litigate. He can run enough stalls and file enough litigation to easily get him past his re-election bid, at least. And that’s what he will do. I don’t know what his truth is but I, along with many others, suspect he has done some illegal things in his past and dealt with some less than honorable people, intentionally. Unfortunately for Trump, once those things are uncovered his presidency’s legacy will be based less on what he may have accomplished and more on his lies to get and maintain power. 

Mueller report aftermath. One good result from the Mueller investigation being over is that the news coverage will be less on that and more on what the various agencies are and have been doing in this Administration. That’s a good thing because many of the Cabinet members have been pursuing policies that are at best questionable and at worse very bad for the country and the environment. Trump may believe that wind power isn’t good because “the wind isn’t always blowing,” or climate change will reverse its effects on its own but his policies on those issues, the courts, and regulation alone will cause serious and possibly irreversible problems for the country and the world, and our kids and grandkids.

Michael Avenotti. Here’s a guy whose ego may have overtaken his greed. He actually thought he could run for president. Lord. Another result of a Trump presidency is everyone thinks he or she is qualified to be president.

Trump and free speech. So, the President thought he needed to sign an executive order to guarantee free speech on college campuses. Obviously, the Constitution already had that covered. But Trump thinks it isn’t so unless he makes it so, I guess.

Democratic primary.  It’s “Olly olly oxen free” when it comes candidates seeking the Democratic nomination to be the standard bearer in 2020. We thought Republicans won the “everyone in the pool” bet in 2016. Democrats should learn from the 2016 GOP race which ultimately gave us Donald Trump. I’m not sure who the Trump of the Democrats is. Trump really didn’t have much a belief set before he was elected. On the Democrat side, many are saying that Sen. Bernie Sanders could be the Trump of the Democrats. For one thing, he isn’t even a Democrat but he feels empowered to tell that party what it’s doing wrong and to seek their nomination. And he may. For reasons similar to Biden, Sanders is of another era and another set of political beliefs. While Trump may be the crazy old uncle at holiday dinner, Sanders may be the angry old uncle. 

 

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    B. Jay Cooper

    B. Jay is a former deputy White House press secretary to Presidents Reagan and George H.W. Bush. He also headed the communications offices at the Republican National Committee, U.S. Department of Commerce, and Yale University. He is a former reporter and is the retired deputy managing director of APCO Worldwide's Washington, D.C., office.
    He is the father of three daughters and grandfather of five boys and one girl. He lives in Marion, Mass.

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