Showing posts with label President Trump. Show all posts
Showing posts with label President Trump. Show all posts

Monday, July 16, 2018

A VERY CLEAR AND VERY PRESENT DANGER: Is Donald Trump a Fascist?




Bad things are happening in the world right now.  Americans wake up every day more concerned than the day before about preserving democratic institutions and the country’s dedication to the rule of law. Daily news reporting brings word of new attacks on Special Counsel Robert Mueller’s investigation into Russian interference of the 2016 Presidential election.  Assaults continue on the courts and the very idea of an independent judiciary.  The President’s lawyer says the chief executive can’t obstruct justice, could pardon even himself, and suggests he doesn’t have to respond to a subpoena for his testimony. This is the United States of America?

As if all that weren’t enough, images flood the media of children being torn apart from their parents and hustled off to
detention center cages.  Those children suffer that terror because their parents dared come to the United States seeking refuge from unspeakable violence and abuse in their home countries.  The picture suggests a modification of the inscription on the Statute of Liberty from:

“Give me your tired, your poor,
Your huddled mases yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed to me,
I lift my lamp beside the golden door!”

To:
“We dare you give me your tired, your poor,
Your huddled mases yearning to breathe free,
Send these, the homeless, tempest-tossed to me,
And we will make you wish you never had,
I lift my lamp besides the golden door, so that ICE can see to apprehend you!”

Polls say a majority of Americans recoil at this picture of their
country.  Indeed, the pushback grows daily, as last week’s nationwide protests of President Trump’s immigration policies demonstrates.  Unfortunately, what we’ve witnessed in the Russia investigation and at the southwestern border, symbolize something larger and more dangerous.  That something is FASCISM and it is a worldwide threat. 

Madam Secretary

Madeleine Albright served America as United Nations

Ambassador, then as Secretary of State.  She’s now a professor at Georgetown University, teaching graduate students the ins and outs of diplomacy and world affairs.  To see how her seminars work , read her wonderful new book Fascism: A Warning.  The book takes on so much significance now because it clearly and succinctly lays out, in historical and contemporary terms, the danger the world faces from the fascist threat brewing around the globe.  Yes, that includes the United States. 

Secretary Albright understands fascism first hand, having fled Nazi occupation of her native Czechoslovakia as a child.  She followed in her father’s academic and diplomatic footsteps and became a major player in world affairs, culminating in her service as Bill Clinton’s Secretary of State between 1997 and 2001.  Ministers around the world she knew and still confers with are sometimes called “Madeleine’s Exes.” She knows of what she speaks.

What’s Fascism?

The Secretary defines a fascist as “someone who claims to speak for a whole nation or group, is utterly unconcerned with the rights of others, and is willing to use violence and whatever other means are necessary to achieve the goals he or she might have.”  This definition covers a wide swath of potentially abhorrent political behavior and governmental mischief.  By showing how fascists have operated in history and what they’re doing today, Secretary Albright makes clear just how much danger the world now faces.  From Turkey to North Korea to Venezuela, the book traces how today’s would-be fascists mimic the classic fascists of history, like Italy’s Benito Mussolini and Nazi Germany’s Adolf Hitler.

The book makes clear most fascists, both historically and those currently on the rise, first come to power through elections.  This book will disabuse readers of the notion fascists always take power through military coups or armed rebellion.  That happens from time to time, but it’s the exception, not the rule, and has been in history.  Hitler, for example, got his nose under the tent as his party, through electoral success and coalitions, gained control of Germany’s parliament in 1933.  The fascist - looking leaders who’ve worked their way to greater and greater power in recent years - Recep Tayyip Erdogan in Turkey, the late Hugo Chavez in Venezuela, Viktor Orban in Hungary -- all won elections of some kind.  Once in office, they solidified control by eroding democratic institutions, taking advantage of nativist instincts in their populations, or exploiting economic dislocations enabling concentration of executive power.  They co-opted the courts by appointing cronies (or ideological soul mates).  The legislative branches rubber stamped their programs.  They silenced criticism from the media.

Trump’s Playbook

Capitulation to the executive by legislators, appeals to nativism, and attacks on democratic institutions, including the media, characterize the first 18 months of Trump’s tenure.  Secretary Albright writes of the 45th President, “Trump’s view of the United States is dark.  Among his favorite mantras are that U.S. courts are biased, the FBI is corrupt, the press almost always lies, and elections are rigged.  The domestic impact of these condemnations is to demoralize and divide.”  As Secretary Albright contends, Trump’s actions resemble those of the authoritarian figures, like Russia’s Vladimir Putin, he so admires.

Trump’s opportunity to replace semi-moderate Supreme Court Justice Anthony Kennedy  first drew alarm because the court vacancy means Trump could appoint someone to the Supreme Court who would dangerously expand executive power and appoint someone who will vote to overturn Roe v. Wade and make abortion illegal in many American states.  His choice of appellate judge Brett Kavanaugh has inflamed, not calmed
those fears. Now, Democrats are sounding the alarm because a fifth vote for the conservative block on the Supreme Court might serve as Trump’s get-out-of-jail-free card in connection with the Russia investigation.  That’s the kind of fascist action really at stake in the coming battle over a Supreme Court nominee and the kind that lurks in the pages of Secretary Albright’s essential book.                      

Thursday, April 19, 2018

PROTECTING ROBERT MUELLER: ALLOWING THE SPECIAL COUNSEL TO GET TO THE TRUTH



Should President Trump fire special counsel Robert Mueller?  Should Mueller get more time to finish his investigation?  Not a day goes by now without a suggestion that Trump will soon set in motion events leading to the firing of the special counsel.  Since only Deputy Attorney General Rod Rosenstein can actually dismiss Mueller, presumably Trump would start by ordering Rosenstein to fire Mueller.  Should Rosenstein refuse, Trump would fire Rosenstein and replace him with someone who would fire Mueller, raising the specter of the 1973 Saturday Night Massacre. Richard Nixon had to dismiss both Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus before finding someone in the Justice Department – Solicitor General Robert Bork -- who would carry out his order to fire special prosecutor Archibald Cox.  The Saturday Night Massacre, of course, ultimately led to appointment of another special prosecutor, Leon Jaworski, and paved the way for Nixon’s resignation in the face of certain impeachment.
Credible news reports indicate Trump ordered Mueller’s firing in June 2017 and tried again in December 2017.  The first time, Trump backed off because White House counsel Don McGahn threatened resignation if Trump went through with the dismissal.  In December, Trump discovered reports Mueller had subpoenaed some of his bank records weren’t
true and decided not to order Mueller’s dismissal.  These false starts don’t mean Trump won’t succeed in getting the special counsel fired.  Despite claims by Republicans, like departing House Speaker Paul Ryan, that they “don’t think” Trump will have Mueller fired, lots of people in Washington now believe it has become a matter of when, not if.



CONGRESS TO THE RESCUE
So what could stop Trump from successfully having Mueller axed, halting the Russia investigation?  One easy answer in theory that’s very difficult practically lies in congressional action.  Later this month, the Senate Judiciary Committee will vote on a bill sponsored by two Republicans – Thom Tillis of North Carolina and South Carolina’s Lindsey Graham – and two Democrats -- Chris Coons of Delaware and Cory Booker of New Jersey.  The legislation, identical to a measure introduced in the House by Pennsylvania Republican Charlie Dent and Vermont Democrat Peter Welch, would set specific standards for firing a special counsel and put review of such a firing in the hands of a three-judge federal panel.  Proposing, and maybe passing the bill, is easy.  Then the hard part starts.

First, as Republican Senator Susan Collins of Maine said recently, Trump would never sign such legislation.  It seems certain, in fact, he would veto that kind of measure.  Congress rarely overrides Presidential vetoes, especially ones of controversial bills like this one.  Veto overrides require a two-thirds vote in both chambers.  Given the current makeup of the House, assuming all 192 Democrats vote to override, passing the bill over Trump’s veto would require 99 Republican votes to get to the necessary two-thirds, 291 votes in the 435 member lower chamber.  In the Senate, assuming all 47 Democrats and the two Independents who caucus with them – Bernie Sanders of Vermont and Angus King of Maine, support an override, it won’t happen without 18 Republican votes to get to 67 for the two-thirds requirement.

Those numbers don’t even take into consideration the potential constitutional problems with legislation protecting Mueller.  Such a measure would thrust Congress into an executive branch personnel matter that might implicate separation of powers concerns.  Some constitutional scholars think impeachment represents the only way Congress can override such a Presidential action.  Senator Collins, in fact, agreed Congress would “send a message” if it passed such a law, but acknowledged it might not stand if challenged in the courts.

OTHER WAYS
Other things are now in the picture that potentially can keep the investigation going, even if Trump fires Mueller.  If Trump starts with firing Rosenstein, the Senate could require a promise from a new Trump appointee for Deputy Attorney General that he or she would have to appoint a new special counsel (AG Jeff Sessions has recused himself from Russia-related matters).

The recent FBI raid on the offices and residences of Trump lawyer Michael Cohen offers another vehicle for keeping the investigation
going, even if Trump succeeds in having Mueller sacked.  The United States Attorney for the Southern District of New York, Geoffrey Berman, initiated the Cohen raid after a referral from the special counsel’s office.  That part of the investigation, therefore, will continue, Mueller or no Mueller.  It’s been suggested this investigation imperils Trump more than the Mueller probe because it could lead to review of Trump’s real estate and other business practices going back years, not just his possible collusion with the Russians in interfering in the 2016 election.  

Finally, if all else fails, some of Trump’s alleged transgressions related to alleged collusion with the Russians, possible obstruction of justice, and money-related crimes might also have violated state laws.  Prosecutors in New York and other jurisdictions could pick up the investigation, though they might have to limit their probe in ways federal prosecutors do not.

Trump may well fire Mueller. As Trump likes to say, “We’ll have to see what happens.”  One thing that’s not happening is a complete shutdown of the investigation into Trump’s actions.  That will continue.