Impending Constitutional Crisis

 

The previously unimaginable has come to pass. Our nation contemplates the real possibility that Donald Trump, in defiance of the electorate and the dictates of the Constitution, will reject a lost vote and attempt to retain power.
While some take comfort in the ultimate patriotism of public officials to block such a putsch don’t count on it. Others believe the courts will insure that the rule of law is adhered to but courts by themselves haven’t the means of enforcement.
I suggest that the survival of our democracy will hinge on the action or inaction of the U.S. military. Will the generals be true to their oaths to defend and preserve our Constitution or will they elect to obey the orders of the “Commander-in-Chief “?
There is speculation that military leaders may resign their posts if Mr. Trump acts the tyrant. Though that coarse may seem commendable, it would be tragically wrong for two reasons.
First, Mr. Trump will find acolytes he can elevate to lead the military to support his usurpation of power. Second, it is likely Trump’s claim of a fraudulent election result will unleash armed militias in the streets of our cities who will overwhelm outmanned or sympathetic local law enforcers. Those armed mobs must be put down by a military response, a response which will be absent if the commanders have resigned.
This Doomsday scenario must not be gain said; it is real and requires an immediate public commitment from military leaders that they will remain on duty to protect the survival of our democracy.

The Supreme Court

 

Lifetime appointments result in a petrified bench whose members may be out of touch with a changed society. Undue longevity may also weaken an otherwise keen intellect. Allowing a single president to shape the court's judicial philosophy for generations into the future is inimical to a robust democracy.

The solution is staggered term limits so that, ultimately, three justices are replaced every fifteen years. A fifteen-year term is adequate to insure consistency, growth and acquisition of experience. The turnover of three justices every five years increases the likelihood that nominations will be spread across multiple presidents from each party.

Dr. Fauci Debunks Sen. Rand Paul

 The false assertions made by Sen. (Dr.)Rand Paul, incorporated in his questioning of Dr. Anthony Fauci, are a discredit to the Senate and unworthy of a doctor.

During the hearing held on September 23 by the Senate Committee on Health, Labor and Pensions to examine and update the federal response to the Covid-19 pandemic, Sen. Paul wrongly commended Sweden for foregoing a lockdown and getting a good result. Dr. Fauci corrected him, pointing out that the virus toll in Sweden was the worst among Scandinavian nations.
Dr. Fauci also debunked Sen. Paul’s assertion that New York’s good recovery resulted from herd immunity conferred by the early explosion of the virus in that state. No such immunity was achieved, Dr. Fauci explained, and New York’s recovery is attributable to its strict lockdown and the near universal wearing of masks and social distancing by its citizens.
By promoting the notion that lockdowns and mask wearing have not worked, when science has established exactly the opposite, Sen. Paul, an eye doctor challenging a world renowned immunologist, has endangered countless Americans who may misguidedly believe him.

Lindsey Graham's Turnabout

 

Senator Lindsey Graham explains why he is prepared to jettison his unconditional pledge not to act upon a Trump Supreme Court nomination in the year before election. He was so pissed off at how Democratic senators treated Brett Kavanaugh that he no longer feels bound by his commitment.
In other words, Sen. Graham places personal pique above personal integrity, principle and national interest.

Battle Over Court Seat

The Republican attempt to distinguish between their stonewalling of President Obama's nominee for the Supreme Court, Merrick Garland, nearly a year before the 2016 presidential election and their announced intention to race through the confirmation of whom ever President Trump may nominate while the current election is in progress, is shameful and ludicrous.

The only real difference is that senate Republicans had the votes to block Judge Garland and now believe they have the votes to reinforce the conservative majority on the Court while Trump is still in office.
Whatever happened to their oft repeated mantra, "let the People decide "?

Justice Dept. Steps In to Aid Trump

 By unleashing Justice Department lawyers to defend Donald Trump, accused of defaming the woman who alleges he raped her, Attorney- General William Barr continues to burnish his reputation as Mr. Trump's Roy Cohn. Moving the case from state to federal court is a transparent maneuver to cloak Mr. Trump with federal immunity and further delay a trial beyond election.

These legal tactics can only be justified if Mr. Trump's misconduct falls within the scope of his official duties. The notion that a sitting president is fulfilling presidential duties when he attempts to escape the consequences of pre-presidential wrongdoing, by falsely branding his accuser as a liar, is beyond comprehension and without legal foundation.

Hopefully, the federal judge to whom the transferred case is assigned will make short shrift of this blatant misuse of the legal system, return the case to state court and prevent the Justice Department from acting as Mr. Trump's personal defenders.

Trump Solicits Election Fraud

Once again President Trump has committed a crime in plain sight. Apparently, in an attempt to demonstrate that voting by mail will result in a fraudulent election, Mr. Trump has urged voters in North Carolina to vote by mail and then cast an in-person ballot  in the same upcoming presidential election. If the voter can get away with it, the President counsels, it will prove that the election is rigged.
As one might suspect, voting twice in the same election is a crime. One who invites or encourages such an unlawful act is, himself, guilty of the crime of criminal solicitation. Mr. Trump continues to adhere to the notion that he is above the law. When confronted with the fact of his transgression expect him to claim that he was only joking. And don’t expect Attorney-General William Barr to initiate any enforcement. Mr. Barr acts only to investigate those he perceives to be the President’s enemies and to assist the President’s cohorts.