The Perils and the Price of "Trusting Trump"

The American electorate, especially the MAGA followers and devotees, are not quite as stupid as their actions in electing Trump might suggest. First, it must be understood that more eligible voters chose not to vote than actually votes for Trump. But those who did vote for and still support Trump were given a target and focus for their anger and hate, which motivated and bound them to his cause more tightly than any rational assessment of their own self-interest. In short, they placed their trust in Trump. The more educated and intelligent voters did not follow that lead, and many professional politicians initially noted publicly that the election of Trump would be a mistake, and possibly a disaster. They neither agreed with his hyperbolic claims nor trusted that he could fulfill his promises. Yet these knowledgeable politicians caved in and switched allegiance, either because of weak character or fear of political retribution from the well-heeled Trumpian juggernaut that had captured the GOP.

It does not take professional experience or genius to figure out that the driving force of Trump policies and disruptive actions have nothing to do with government efficiency or improvement of the economy for average Americans. The driving force is his narcissism and egocentric megalomania. Regardless of impact, regardless of who is harmed, each of his actions is designed to force others to kneel to his whims and do his bidding, or fact retribution. It really is that simple.

The disruption [destruction?] of global alliances took only 2 months, and now former allies have stated publicly that the US can no longer be trusted or relied upon as an ally. Free trade relationships and mutually beneficial commerce agreements have torn up and been tossed aside, with negative repercussions for American consumers of inflation, stagflation, and possibly a recession. Yet the only discernible "gain" to be achieved from such actions is that world leaders will be obliged to send envoys to Washington, DC to "talk" with Trump. Given what we have seen so far, there is no assurance, consistency, or predictability as to what demands Trump may make in exchange for relief from his threats. And there is no assurance that he will not renege on any purported "agreement" a week or a month later. He behaves like a petty tyrant, a spoiled child.

There are, however, positive signs arising from recognition that Trump and, because he currently is its voice, the United States cannot be trusted. European nations to which Trump has issued demands for more expenditures for military and security are seriously looking at suppliers other than the US for weapons systems. The EU wants to break its security dependency on the US and buy more European weapons | AP News Not only are US weapons of questionable "superiority," but Trump's actions call into question reliability of delivery and longer-term maintenance commitments for such systems. Australia and other nations, as indicated by this article, are exploring other suppliers, customers and trading relationships. Australia seeks alternative partners for beef. beef-industry-figures-reveal-why-the-us-just-shot-itself-in-the-foot/ar-AA1CbR3W This is a perfectly sensible response when a former trading partner has attacked and betrayed former trade and security relationships.

Trump's ego suggests to him that, despite acknowledgement of near-term pain and suffering his actions inflict, that "in the long run" the adversaries that he is creating will bend to his will. As Sen. Kennedy [R-LA] stated: "In the long run, we’re all dead. The short-run matters too. I don’t care what the experts say. We do not know yet the impact of these [tariffs]. … We just don’t know, and anybody who tells you otherwise that says they know has been smoking the devil’s lettuce.”

The more likely outcome is that rational nations and companies will choose strategies and implement them over time that reduce risk and do not rely upon the United States. They will seek out and develop alternative investments and trade relations that meet their needs and do not depend upon the "good faith and integrity" of America that has been the foundation for international relationships for decades.

The curious and fragile nature of "trust" is that it is far easier to destroy than it is to build. Once broken, it is doubly hard to re-establish. The United States has had egotistical presidents in the past, Nixon and LBJ were noteworthy for their pride and sometimes abusive use of authority, but they were reasonably competent and respected the Constitution. [Nixon resigned upon Constitutional impeachment.] And the nation has had presidents of marginal competence, as in the case of George W. Bush, who could be manipulated to abuse authority. But at no time in the history of the nation has a president displayed the combination of narcissism and hubris, combined with ignorance and incompetence [including his closest officials and advisors] that enabled him to wreak as much havoc and destroy international and domestic trust in the national government in so short a time as Trump has done. And the chaos continues while Trump rants and raves on Truth Social over any and every perceived slight or criticism.

The extent of the damage will not be fully appreciated for some time. The period of recovery, if ever, from his hubris and erratic ravaging will take years. And, like trust, the time required to rebuild the economy and international relations will doubtless take far longer than the time it takes Trump to destroy.

The Critical "State of the Union" - Can America Ever Be Great Again?

 With a political science degree and over 40 years of study and practice at law in state and federal courts, I think I have some perspective on the law, the Constitution, and the judicial system. The following are some of my thoughts, opinions, and analysis. 

The functioning and survival of our constitutional democracy depends upon the vitality of all three branches  of government, providing “checks and balances” for failures and overreach of the co-equal branches. We are currently in a state of “constitutional crisis” because of overreach and abuse by the executive branch, abandonment of responsibility and inaction by the legislative branch, and potential complicity bny the judicial branch at its highest level.

The executive branch, headed by Trump [and an unelected co-conspirator Musk] has claimed and attempted to assert unrestricted powers to take actions, including discretionary authority expressly prohibited by the Constitution and laws passed by Congress. Federal court judges have issued rulings enjoining some actions as unlawful or unconstitutional, but Trump has evaded or ignored federal court orders, refused to comply with judicial directives, and threatened to impeach judges issuing rulings with which he disagrees. He has issued executive orders that violate the 1st, 14th, and 5th amendments to the Constitution, as well as legislation prohibiting discrimination. His appointed cabinet officers have followed and amplified this abuse. However, the federal courts have no physical or practical capability to enforce the federal court rulings, no army or police forces to intervene. 

The Constitution clearly states that the judicial branch has unique powers and authority to say what the law is and to determine whether actions are or are not constitutionally sound. For 250 years, the nation has operated on the consensus agreement that the executive and legislative branches would accede to the determinations by the judiciary, subject to the process of appellate review up to the determination by the Supreme Court, if necessary. The SCOTUS is, under the Constitution, the supreme arbiter of what the Constitution and the laws permit, prohibit, or require.

The legislative branch has three critical functions: to pass laws that establish governmental  policy objectives and programs, to appropriate funds to support and carry out those policy objectives and programs, and the power of impeachment to remove government officials for misconduct amounting to “high crimes and misdemeanors.” The last of these powers is what is in crisis now. To a large extent, the legislative power to impeach depends upon the same public support which the elected members of Congress are supposed to represent. In the case of President Richard Nixon, Congress pursued impeachment with crucial support from respected members of Nixon’s own party. He resigned rather than be removed from office. President Clinton was impeached for lesser offenses, was not convicted, and remained in office. Albeit chastised. Trump was impeached twice during his first term for acts more serious than those against Nixon, but nearly unanimous support from his party members prevented conviction. 

This has led to the current crisis where Trump actions substantially exceed the abuses of his first term in scope, damages, and contravention of laws and precedent. The breakdown of the system of checks and balances is serious in two major respects. First, a GOP strategy of installing appointees to the SCOTUS making up a majority who value partisan loyalty above professionalism. That “conservative” majority, an ironic descriptor because their actions reflect radical departures from norms and precedent that the term suggests should be “conserved,” has issued an earthshaking ruling that provides presumptive immunity for the president for any actions and orders that are taken under the guise of presidential authority.  Unless and until presented to the SCOTUS, actions by Trump, including those that violate laws and the Constitution or defy federal court injunctions, are presumed legitimate exercise of presidential power, and immune from prosecution even if later deemed unlawful. The second major breakdown is that control of both houses of Congress by Trump’s party, together with overt threats by Trump and Musk to severely penalize any member of Congress who opposes Trump’s agenda has made Congress impotent regarding the power of impeachment. His blatant abuses of power, even when identified by federal judges, will not even be challenged in articles of impeachment so that evidence can be laid bare before the public, even if post-impeachment conviction should fail.    

An additional flaw in the fabric of the system of democracy is a failure of the media to support an informed electorate. Certain media outlets, such as FOX, are acknowledged as “infotainment” and are not really expected to broadcast truthful or reliable content. However, the so-called “mainstream” media outlets have succumbed to unprofessional journalistic standards and repeatedly broadcast claims that are not only uncorroborated, but which the news organization and broadcasters KNOW to be false and ungrounded. In addition, they undermine faith in the judiciary by including a tag identifier of who appointed the judge when reporting significant rulings. Who may have appointed the judge should be irrelevant to the substance and implications of the ruling, but the media imply that the affiliation of the party who appointed the judge is the REASON for the judge’s decision. This creates in the mind of the public a politically biased judiciary as a “norm” rather than rulings based upon the law, precedent, and evidence. 

Further erosion in the process of informing the electorate comes from technology transformation where literally thousands of voices are vying for media attention and consumer “clicks” and followers. Branding and influencer status outweigh accuracy and reliability. “Noise” and reliability have attained a false equivalency. Those claiming that “vaccines don’t work” are able to attract as much media attention as the decades and mountains of verified research that show vaccines not only work but have prevented millions of deaths. Claims of “government fraud and waste” to support destruction of government agencies and programs can gain priority media access despite the lack of any substantial evidence to back up such claims. 

It remains to be seen how much damage will be wrought by Trump and his supplicants pending delays awaiting review of actions by the SCOTUS. It also remains to be seen whether Trump will abide by a decision of the SCOTUS should the majority of justices deem his conduct illegitimate and in violation of the Constitution or other laws. Unfortunately, it is rather predictable that the current Congress will lack the courage or professionalism to attempt impeachment and conviction, which would ostensibly remove Trump’s authority to violate laws, to direct subordinates to assist in his abuse of authority, and to pardon subordinates who violate the law at his direction. And it also remains to be seen whether the nation can recover from the damage that Trump has and will continue to cause, if recovery is possible.

The Trouble With Trump

 It is not "hyperbole" to describe Trump as a narcissistic and amoral pathological liar, as well as a convicted felon. It is not political bias or ever "Trump hate." All is based upon objective facts, no matter how much his delusional followers deny or ignore them. His actions require scrutiny and analysis. Consider the following:

"After meeting with Israeli Prime Minister Benjamin Netanyahu, Trump said that about 2 million Palestinians could be resettled as the U.S. rebuilds the war-torn area into the "Riviera of the Middle East."

UN Secretary Guterres described the proposal as "tantamount to ethnic cleansing," and Amnesty International called such action a "war crime." US Secretary of State Rubio called it "a very generous plan to rebuild Gaza," ignoring the fact that massive destruction in Gaza was done by indiscriminate Israeli bombing of infrastructure, including schools and hospitals, while murdering over 48,000 Palestinians, mostly women and children. That massive destruction, accompanied by denial and blockage of humanitarian aid by Israel is "collective punishment," also defined by international conventions as a war crime.

The cultural insensitivity and inhumane tenor of the proposal is astounding, but also unfortunately typical of Trump. He envisions Gaza as one of his golf course development projects for the wealthy. It is not that he necessarily "hates" Palestinians, though his history regarding Arab and Muslim people suggests racial and religious bigotry. His more salient ethic is that he doesn't care about or regard Palestinians as human beings. They are "inconvenient" obstacles to his view of "economic development."

The "problematic" aspect, the trouble with Trump, is that he is in the White House. When he previously opposed/demanded removal of North Sea wind farms to improve the views from a proposed Trump golf course development, he was ignored and laughed at, not least because of implications for UK energy if he were taken seriously. However, when he makes equally or more insane self-serving proposals as a US president, and the Sec. of State obediently genuflects, world leaders are less sure whether to take him seriously. They know that Trump is a madman but given the submissive nature of the GOP majorities in Congress and slavering fealty of Trump appointed US government officials, other countries and their leaders are uncertain whether they can trust the American people any longer.

For better or worse, Trump "speaks for" the USA for the next 4 years [subject to possible impeachment]. Whether it is annexing Canada, seizing the Panama Canal, purchasing Greenland, or a trade war with the nations primary trading partners the American public is "responsible for" the idiotic things said and done by its president, including CRIMINAL actions. The SCOTUS has said such high crimes and misdemeanors are presumptively subject to presidential immunity from prosecution. The DOJ will not investigate wrongdoing and is persecuting government employees who have done their job investigating and seeking to hold Trump and others accountable. The GOP led Congress lacks the integrity or courage to impeach Trump, and prior failed attempts to do so have emboldened Trump.

The current GOP has been described as a "jellyfish," an organism without a brain or a backbone. The description is unkind, but not entirely inaccurate. The point is that any remedy cannot be expected from those quarters, regardless of damage Trump inflicts on the nation and the world, regardless of the adverse effects on countless of American families. They have produced this durable result through gerrymandering, financial corruption, and coopting media, and will make recovery most difficult.

And now, the steering wheel of US government has largely been turned over to an unelected billionaire tyrant who has openly threatened any GOP congress member who might dare to resist or disobey. Federal employees are subject to a reign of terror, fearing for their jobs if they do not swear fealty to the Trump/Musk regime.

Two courses of action remain. The first is to continue to pay attention, analyze, and call out falsehoods and deceit. The purpose of this is not to persuade the MAGA cult members or change their minds, arguably a lost cause. The purpose is to make factual information visible and to reaffirm the value of truth and integrity. Changing minds of those who refuse to accept facts might be a futile and frustrating effort, like "teaching a pig to sing," but such affirmation does resist allowing prevarication, deceit, and corruption to change those who do value honesty, facts and integrity.

The second course of action is to cultivate and support representatives at all levels of government who do value democracy, honesty, and integrity. Seek out and communicate with representatives who truly are representative of voices and values that wish to make life better for all. Engage in difficult and uncomfortable conversations about deficiencies in governance and systemic ills of racism, sexism, homophobia and other forms of institutionalized bigotry.

If these courses of action are followed vigorously and consistently, the eyes of the world may see that the American people may be worthy of trust, despite the "trouble with Trump," and that this too shall pass.

Absurd Religious Posturing and School Funding

 Once again, an apparent religious dispute has risen to the level of Supreme Court review. The underlying dispute is absurd and a red herring argument. The dispute rests on challenge to a decision by the Oklahoma Supreme Court to deny public funding to a religious charter school [Catholic]. The state court ruled that a charter school is a "public school" and thus not entitled to public funding. The dispute centers on interpretation of the First Amendment provisions regarding free exercise of religion and non-establishment of religion by the state. 

Previous SCOTUS rulings have laid out the groundwork for resolving such potential controversies, and it is odd that the Oklahoma Court was not sharp enough to use the guidance of those precedent. For decades, public funds have been used to support parochial schools, but ONLY for providing services which are essentially non-sectarian. For example, if the school curriculum supported is basic math, science or English, there is no "establishment clause" violation for providing educational services for students. The challenging part is when the content of curriculum drifts into religious doctrine and inculcation of religion. The SCOTUS guidelines indicate that those functions may be performed by the school but not supported by public funding. Admittedly, this does enter a difficult area in which a court must examine the content and intent of instruction in a school operated by a religious group. But a detente has been reached in most quarters, where parochial schools have generally agreed to segregate curriculum voluntarily in exchange for the benefit of partial public funding. Peripheral disputes have arisen over questions about who can teach in such schools, and unwed pregnant women have been rejected as teachers for ANY subject when the religious doctrine indicated they did not adhere to the religious beliefs of the operating group. The Oklahoma decision, however, did not turn on such finer points. Instead, the court bluntly ruled that a charter school has to be non-sectarian.

The state court ruling will likely be overturned because it is too broad. It should be returned to the state court for examination of what education is actually proposed for being funded by the public treasury. The argument that the denial of public funding is based upon the religious beliefs of the diocese proposing to operate the school is a red herring, a false flag. A proper denial of funding would NOT be "based on the religious beliefs" of the school operator, but rather upon the curriculum and how it was being taught. It would not matter what religious sect made the proposal for funding, Catholic, Jewish, Protestant, or Muslim, as long as the funding provided was to be used for general education and non-sectarian curriculum instruction. The funding body for the state could legitimately demand public review of the curriculum to compare with state and national standards.  Anyone challenging the funding could bring in evidence of religious study or indoctrination actually taking place in the classrooms.

There is, of course, room for mischief. Some religious groups may want to substitute "creationism" for scientific theories of evolution and natural selection. Some current sects may teach, as "science," that all vaccines are dangerous, despite rigorous testing and FDA approval. Some sects may believe and teach that the earth is flat, despite all scientific evidence to the contrary. Some sects may believe that only specific religious volumes should be taught as "literature," despite state established curriculum standards. Some believe that chattel slavery did not exist in the US, and that Africans came to the continent as "indentured servants." All such notions could be readily exposed and could result in denial or withdrawal of public funding. 

The real danger of such misguided and misinterpreted cases being subject to SCOTUS review by THIS high court is the danger of a politically driven ruling that goes beyond the parameters of the case or controversy itself. The current conservative majority has been looking for opportunities to push its political agenda. A "sloppy," poorly reasoned, or ungrounded decision could open doors for broader diversion of public funding to religious organizations and enterprises that would not be necessary based solely upon the question of one specific funding application for a charter school should or should not be granted. Such concern should not be major if we were faced with a SCOTUS that could be trusted to respect precedent and make rational and principled decisions. Unfortunately, the current SCOTUS has the confidence of only 30% of the public, and with good reason. So, religious posturing on a rather narrow case could provide a platform for political posturing by a corrupted SCOTUS.   

Supreme Court will weigh approval for US’ 1st publicly funded religious charter school, in Oklahoma

 January 20, 2025 - A Day of Remembrance

January 20, 2025 will and should be a day of remembrance. The phrase: “A day that will live in infamy” has been taken, but may be reappropriated with equal force to today’s events. On this day, the United States was not attacked by a foreign enemy, as in Pearl Harbor; it suffered an irremediable assault from an enemy within. It is for some a day of mourning, and it is hoped that those who support and gloat over the events of the day will also respect the right of those who have respected the nation and its constitutional democracy to mourn.

On this day, the United States has ceded any moral authority it might have retained in the world. It has chosen to dive into a venal cesspool of cynicism and exploitation. The national demise cannot be blamed solely upon the vacuous character of one narcissistic autocrat, as he has demonstrated sufficient followers and enablers to win a national election.  It might well be argued that this leap has been foreshadowed and is no surprise. Steps toward the edge have been apparent, in decimating the Voting Rights Act, overturning Roe v Wade, attacks on LGBTQ+ rights, corruption of SCOTUS justices. Yet there has been a significant and viable resistance, a willingness to call out perfidy and betrayal of fundamental constitutional and humane values. It was believed that there were certain lines that should not and could not be crossed. That belief in the American electoral system was naive, not just a belief that the system would sustain a balance, but in failure to recognize the degradation of its very underpinnings.

Today is a watershed moment in US history, a staining event unlike any other in its admittedly tainted history. A convicted felon is installed as President. A draft dodger who is disqualified from admission to any national armed service, who disparaged war veterans as “suckers and losers,” and who threatens military invasions against sovereign lands is being installed as Commander in Chief of the national defense. A convicted grifter and fraud who has filed for bankruptcy no less than six times is placed in charge of the national economy and budget administration. An anti-intellectual whose children have never attended any public school, and seeks to abolish the Department of Education, is now in charge of national education policy affecting millions of public school children. A person so scientifically ignorant that he promoted drinking bleach to remedy COVID-19, has appointed a science denying anti-vaxxer to lead the national health agency and protect public health. And the very person who incited an armed mob to attack the Capitol and hang the sitting Vice President in a treasonous insurrection to overturn the 2020 national election, and now promises to pardon the traitors as “patriots,” is the person with primary responsibility for preserving constitutional democracy. And this is not a complete list of his transgressions. During the Inauguration ceremony, he declined to place his hand on the bible as he took oath of office, as all his predecessors have done, indicating the vow is an empty promise.

To be sure, the historical record and performance of the United States has not been without fault and there have been many shameful events, foreign and domestic, calling for reflection and remedy. US support of foreign wars, Viet Nam, Iraq Invasion, and Israeli genocide in Gaza have all diminished the nation in the global sphere. The distinction is whether the ethic of the general populace could be said to trust in a rational and moral balancing dialectic of informed public discourse, or whether the public mind has been so infected and corrupted that belief in E Pluribus Unum can no longer be sustained.  Two important factors suggest the latter. First, corruption and decay of the fourth estate, whose function was supposed to inform the public and foster rational debate, has degraded such that the media is little more than a megaphone and echo chamber for a wealthy oligarchy. Second, the fundamental architecture of representative democracy includes an independent judiciary capable of maintaining some legal standards and precedents as “guardrails” against corruption and antithetical chaos by the executive and legislative branches. Less than a third of the public now believe in and trust the SCOTUS as capable of reliably performing that function. And certain politically driven judges in the federal district and circuit courts of appeals can predictably be counted on to issue sweeping rulings to facilitate corruption and undermine legal standards and precedents. 

All is not lost; all is not doom and gloom.  The sun will rise and set tomorrow and life will go on. However, it will be a decidedly and palpably different America, and by no rational or moral measure a “great” one. People will of necessity adjust to life, commercial and social interactions, albeit within much more limited parameters than before. Violent official anti-immigrant rhetoric will be manifested in nationwide raids by armed ICE agents under the new “Border Czar” to terrorize immigrants. The assault by executive order is to include schools, hospitals and churches. The terror will be visited on all brown people, whether or not documented or citizens because, as former Arizona Sheriff Joseph M. Arpaio maintained, “they all look alike.” Any citizens who resist such authoritarian pogrom-like tactics are also threatened. Voices like that of Rev. Martin Luther King have been intimidated to silence or drowned out by right wing hate speech. 

The rise of unbridled gun rights activism means that one dare not get in an argument with any stranger on the street, in the supermarket, or in a parking lot for fear that the challenged other may pull out a concealed weapon and shoot. Children are no longer safe when sent to public schools, and virtually every fourth grader is versed in lockdown and active shooter protocols. Even smaller scale interactions withdraw into more restricted spheres, where one must be chary of broaching “liberal” topics at social parties or at work. Even innocuous arguments at neighborhood football or baseball games over referee calls can become lethal; and playing partners at the golf or tennis club will become segregated along progressive and MAGA lines. What may once have been thought of as paranoia or irrational fear now becomes a survival standard. Despite cynical and hypocritical calls for “unity and prosperity,” after January 20, 2025 America becomes a very divided and morally bankrupt place.