Impeachment

Memo to Republican Senators:

Understandable cowardice is still cowardice.
It is not only Trump’s character that is being judged. Tolerance for corruption is a form of corruption.
Your political risks pale in comparison to the physical risks taken each day by soldiers, police officers or firefighters in service to the common good.
Every Republican senator who does not support Trump’s removal should publicly embrace some form of censure and be seeking a way to demonstrate this commitment en masse.
The “disturbing but not impeachable” argument is not convincing. Trump has provided a case study that future constitutional-law textbooks will use to illustrate the meaning of an impeachable offense.
Senators who are not offended by the president’s threats against them if they display independent judgment have lost all pride in the Senate’s purpose.
Intimidation of Republican senators would demonstrate the triumph of verbal violence — Trump’s Twitter insults, his political threats, the White House’s reported promise to put disloyal heads on pikes — in Republican politics, and in the business of the Senate itself. American democracy would be confirmed as a place where menace is rewarded and bullies prosper.

Very truly yours,

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Of course, Senators can try to ignore Gerson’s points because they have a cogent and compelling defense at the ready:

Trump didn’t do the thing he’s accused of doing, but if he did it was fine, and in fact that’s exactly what he did, get over it, because it’s not only fine, it’s precisely what we want from a president, and can you believe that Biden did the same thing, shame on him.

Peter Sunderman

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My Junior Senator reportedly has abdicated his sworn role in favor of voting as his constituents wish.

Well, Mike Braun, this constituent thinks that, things having come this far, the sonofabitch should be removed from office.

UPDATE:

This may sound odd, even ironic. You are here in the flush of victory. And yet it is precisely now that I ask you to contemplate the possibility of defeat — perhaps even the necessity of defeat.

Edmund Burke, in 1774, set forth a model we should all emulate when he told his Bristol constituents: “Your representative owes you, not his industry only, but his judgement, and he betrays instead of serving you if he sacrifices it to your opinion.”

Let me put the matter plainly: If you are here simply as a tote board registering the current state of opinion in your district, you are not going to serve either your constituents or the Congress of the United States weIl.

Your constituents expect you to represent their interests, and that you should certainly do. But you are also a member of the Congress, and your responsibilities are far greater than those of an ombudsman for your district. You must take, at times, a national view, even if, in taking that view, you risk the displeasure of your neighbors and friends back home.

Indeed, I feel obliged to put the matter more sharply still: If you don’t know the principle, or the policy, for which you are willing to lose your office, then you are going to do damage here.

This institution needs more members willing to look beyond the biennial contest for power, more committed to public service as a vocation rather than merely a career.

Henry J. Hyde, welcoming newly elected Republicans, November 29, 1990.

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You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Miscellany

Surveillance capitalism creeps me out.

I don’t control my lights, door locks, or anything else by speaking commands to my 1st-generation Amazon Echo. Indeed, I shut the microphone off about a year ago and I only use it like a table radio — direct streaming or bluetooth from my phone — and controlled from the Alexa app on my phone, not by voice.

When Echo dies, it will either not be replaced or will be replaced with a streaming radio with better sound quality (though Echo isn’t too bad). And no voice control.

There is no way I’m going to wear a pair of Alexa-powered Bose earphones, wandering around in “public” but in my own little world inside my head, isolated from the world except for asking it “how do I get shiny hair?” when I see a slick Afghan Hound.

Nor Echo frames.

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I’m partial to the hypothesis that living in unreality (in which I’d include virtual reality) creates ennui.

I noticed recently, though, that most articles of the “digital detox” genre are focused on productivity, not on humanity let alone holiness. I’m told that Cal Newport’s Digital Minimalism is different. I hope so, because after I catch up on a little backlog of magazines, it’s my next book (on Kindle, of course — so sue me).

Indeed, much of my reading lately seems to evoke gentle regrets: “Gosh, I could have lived this better way if only I’d been wiser.” There’s a reason for the saying “Too soon old, too late smart.”

Notice I said “gentle,” not “bitter.”

A magazine that frequently gives me gentle regrets is Plough, from the Bruderhof community. I think Mother Jones and my secular “alternate lifestyle” magazines will be going unrenewed, Plough renewed.

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Meanwhile, I’ve taken a deep breath, installed Freedom, and instructed it to help my self-control by cutting me off from the internet and from various apps at times of day when I am resolving to do something other than sitting on my arse with a computer on my lap.

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I had an Impossible Burger once. It was surprisingly burgerlike.

But Michael Pollan says “if it comes from a plant, it’s food; if it’s made in a plant, it’s not food.” Heck, you don’t even save calories and fat grams with Impossible Burger. If I want burger taste, I’ll buy a burger.

Except maybe when I’m dying for meat in Lent. Once or twice, tops. I think it was Lent 2019 when I tried one.

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Did I mention that I came of age in the 60s? And was an Audio-Visual Dept. geek?

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I just saw San Francisco 49er defender #2 helping a Green Bay Packer runner to land on his back rather than the top of his helmet when undercut by San Francisco 49er defender #1.

There is magnanimity in the world. Especially from teams that are up 20-0 in the first half.

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All Christian readers could benefit from listening to the podcast The Struggle Against the Normal Life. It’s a short (11:05) detox for our toxic faux Christian environment.

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Shame on Mike Braun

My State’s Republican U.S. Senate primary in 2018 featured three candidates bidding up the level of servility promised to King Donald were they elected. The one who seemed to me most servile, Mike Braun, won the nomination and the election, and proceeded mostly to disappear into the D.C. swamp.

Now he has become a bit visible again. First, he expressed his preference for some impeachment trial (not summary dismissal of the articles of impeachment), contrary to the position Trump had just taken. So far, so good.

But then he joined Tom Cotton and the odious Ted Cruz in trying to get the Justice Department to investigate the National Iranian American Council (NIAC) on baseless suspicions of being agents of the Iranian government.

There’s little I detest more than thinly-veiled attacks on free speech, and this is one such attack:

The attack on NIAC is a symptom of a deeper pathology in our foreign policy debates. Supporters of hard-line policies routinely accuse critics of taking the side of other governments because those critics consistently best them in argument and demonstrate that those policies are harmful to the United States and the affected country. It is no coincidence that this latest attack comes in the wake of the complete failure of the Trump administration’s Iran policy. Sens. Cotton and Cruz in particular have been some of the loudest supporters of that policy, and its failure will expose them to considerable ridicule.

Hard-liners seek to impugn the integrity and loyalty of their critics, but in their ham-fisted attempts to attack their opponents they simply demonstrate their own lack of integrity. Advocates of a more peaceful and restrained foreign policy are no strangers to being falsely accused and misrepresented. We should stand with NIAC when they are being insulted and maligned in this way.

Daniel Larison

Shame on Mike Braun.

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All Christian readers could benefit from listening to the podcast The Struggle Against the Normal Life. It’s a short (11:05) detox for our toxic faux Christian environment.

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Lament

I keep on encountering reminders of conclusive reasons not to vote for Trump in November but keep on encountering “But Gorsuch! But Kavanaugh!”

I very occasionally wonder if I’m missing something, but generally I just lament what a low-down, dishonest, cowardly, sub-Christian post-Christendom we live in.

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All Christian readers could benefit from listening to the podcast The Struggle Against the Normal Life. It’s a short (11:05) detox for our toxic faux Christian environment.

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

When politics becomes a religion

Religionized politics bodes to kill us:

I’m convinced that 2020 is going to be the most spiritually challenging year for politically engaged Christians of my adult lifetime. In an increasingly de-Christianized America, politics itself is emerging as a competing religious force, and it’s a religion that’s increasingly based on hate and fear, rather than love and grace.

…

[T]he idea that a person is “good, but wrong” or even “decent, but wrong” is vanishing. Instead, the conventional wisdom is that our political opponents are “terrible and wrong.” Our opponents not only have bad policies, they are bad people.

Now, let’s thrown in an additional complicator for people of faith. Perhaps a religious partisan could attempt to justify the animosity if they could map out a nice, neat religious divide. “Of course they’re terrible people—they’re all heretics.” After all, “reasoning” like that has launched countless wars of religion. And indeed, Republican partisans do make the claim that the GOP stands as a bulwark against increasingly godless Democrats.

But here’s the very different truth. The bases of both parties are disproportionately composed of the most God-fearing, church-going cohort of Americans—black Democrats and white Evangelicals. So, no, while there are serious differences regading abortion, religious liberty, immigration, and a host of other vital moral issues (and blue states tend to be more secular than red states), American politics cannot be neatly defined as a battle between the godly and the godless.

Thus, while the stakes of our modern political conflicts are thankfully lower than the awful carnage of the Civil War, the political division between black Democrats and white Evangelicals reminds me of Lincoln’s famous words in his second inaugural: “Both read the same Bible, and pray to the same God; and each invokes His aid against the other.” And we face a similar reality: “The prayers of both could not be answered; that of neither has been answered fully.”

David French (emphasis added).

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Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For Thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Tattletale telltales

“It is, I think, deeply concerning, that at a time when the President of the United States was using the power of his office to dig up dirt on a political rival, that there may be evidence that there were members of Congress complicit in that activity,” [Adam] Schiff told the press on Tuesday. …

This is unprecedented and looks like an abuse of government surveillance authority for partisan gain. Democrats were caught using the Steele dossier to coax the FBI into snooping on the 2016 Trump campaign. Now we have elected members of Congress using secret subpoenas to obtain, and then release to the public, the call records of political opponents.

Wall Street Journal, making what I think is a very legitimate point.

Let me rephrase Schiff’s barb:

The President of the United States used the power of his office to dig up dirt on Joe Biden. I and my fellow Democrats used our power to dig up what might be dirt on Congressman Devin Nunes, who has resisted our impeachment efforts.

I seem to recall complaining to my parents at the dinner table that my brother had his eyes open while dad prayed before the meal. The implication about my own eyes was not lost on my parents.

This is one of many reasons why even people of good will, who detest Donald Trump, have some qualms about the impeachment proceedings.

Another reason is signaled by yesterday’s suggestion by one of the Democrats’ law professor witnesses that the mere request by Trump that Zelensky announce an investigation, even without a quid pro quo, was an abuse of power.

In the eyes of we jaded citizens who didn’t just fall off the turnip truck, that’s the kind of abuse of power that probably is Standard Operating Procedure among friendly elite leaders — reinforcing Jonathan Turley’s testimony that impeaching on the set of facts Congress has collected so far sets a precedent we may live to regret.

I want Trump gone from my life, which won’t happen until one of us is dead, but at least he’ll debase the country less from Florida rather than 1600 Pennsylvania Avenue. Increasingly, an election strikes me as the preferred way to evict him.

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Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For Thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Motivated reasoning

If I had to name only one thing I have learned in my many years of making arguments, it would be this: You cannot convince people of anything that they sense it’s in their interest not to know. I thought about this often as I was reading Alex Morris’s Rolling Stone story about American evangelicals’ love of Trump.

… It is very much in the interest of Morris’s aunt, and in the interest of millions and millions of other people, not to know that we are, through our economic choices, bringing ruin to the planet that we’re supposed to be the stewards of. And so she doesn’t know. Like so many others, she makes a point of not knowing.

But I think the problem of motivated not-knowing isn’t found only on the conservative evangelical side of things. Here’s one passage from Morris’s essay that seems to be drawing a lot of attention:

“The white nationalism of fundamentalism was sleeping there like a latent gene, and it just came roaring back with a vengeance,” says [Greg] Thornbury. In Trump’s America, “‘religious liberty’ is code for protection of white, Western cultural heritage.”

In that second sentence, the clause “In Trump’s America” is a problem. What does it mean? In one sense, the entire nation is “Trump’s America” right now, whether we like it or not; but maybe Morris means something like “Americans who enthusiastically support Trump,” or “the parts of the country that are strongly supportive of Trump.” Impossible to tell. Thornbury didn’t use the phrase, but presumably he said something that led into his line about “religious liberty” as code for something else.

So the passage is unclear, but I’d like to know what Thornbury means. I’ve written a good deal about the importance of religious freedom on this blog and elsewhere — just see the tag at the bottom of this post — so does that mean that I am using that topic as “code for protection of white, Western cultural heritage”? If so: explain that to me, please.

Maybe there’s something that Greg Thornbury and Alex Morris have an interest in not knowing: that even if millions of white Americans abuse the concept of religious liberty, religious liberty could nevertheless be in some danger.

Alan Jacobs, who has much more than this to say, including ways in which fundamentalist Christian cranks are motivated to ignore environmental damage.

Seriously, read it all.

But Jacobs omits something: anyone who thinks Rolling Stone is prima facie a reliable interlocutor of Christianity, and especially of the religious right, deserves all the false certaintly and motivated ignorance he gains there. Rod Dreher kinda hits that, too.

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Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For Thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Punching down

More than 20 states have incorporated sexual orientation into their anti-discrimination statutes. As Charlotte Allen documents in “Punching Down,” this has empowered well-educated and well-paid gays to punish less educated, less wealthy neighbors who dare to refuse to bake a cake or make a bouquet for their weddings. At present, Colorado baker Jack Phillips has been targeted by yet another lawsuit, this time brought by a transgender Denver lawyer. The situation is exactly the opposite of the Montgomery bus boycott.

In certain circumstances it may be unjust to deny employment to a gay person. But this kind of discrimination, if it happens in our society (as surely it does), is not “invidious.” By any measure, discrimination against gays is uncommon. I am willing to bet a substantial sum that a fat person is far more likely to suffer employment discrimination than someone who engages in sodomy in the privacy of his home.

GLAAD set a goal: It wanted 10 percent of primetime TV characters to be LGBT. The organization recently reported that this goal was achieved. The new goal is 20 percent. Four percent of the population identifies as gay. In what universe does a group capable of compelling fivefold overrepresentation in the media require anti-discrimination protection?

R.R. Reno

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Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Wednesday, November 13

We’ve come a long way from the days when the Tea Party handed out pocket Constitutions. Now, in the interests of defending President Trump, smart people are exploiting civic ignorance to maintain the red wall against impeachment. No, that’s too mild. They’re not just exploiting civic ignorance, they’re affirmatively deceiving the American people about the content and meaning of the Constitution. They’re trying to make people believe things that plainly aren’t true. They’re making the American people less constitutionally literate.

What do I mean? Take this comment, from Rand Paul:

The Sixth Amendment is pretty clear. It’s part of the Constitution, part of the Bill of Rights, and it says that you get to confront your accusers. And so, I think it’s very clear that the only constitutional mandate here is, is that if someone’s going to accuse you of something that might remove the president from office, for goodness’ sake, shouldn’t they come forward and present their accusations in person?

This has become a talking point among the Trumpist right. For another—rather shocking—example, read this from Northwestern University law professor and Federalist Society co-founder Steven Calabresi:

Impeachment is a legal proceeding, and just as criminal defendants have constitutional rights in criminal trials so too does Trump have constitutional rights, which House Democrats are denying him. For example, the Sixth Amendment gives criminal defendants the right to “a speedy and public trial.” House Democrats are trying Trump in secret and are denying him the right to a public proceeding….

The Sixth Amendment also guarantees criminal defendants the right to be “informed” of the charges against them. House Democrats are not informing Trump of the charges against him and are leaking salacious information to the press. This, too, violates Trumps rights under the federal Bill of Rights.

Moreover, the Sixth Amendment guarantees Trump the right “to confront the witnesses against him,” which right House Democrats are denying to Trump. The president has a right under current Supreme Court case law to have a public face-to-face confrontation with the witnesses against and to testify in his own defense. House Democrats are denying the president that very basic constitutional right….”

Now, compare that comment with the actual text of the Sixth Amendment:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Note the key words—“in all criminal prosecutions.” As the CATO Institute’s David Post notes, Calabresi’s argument is “utter nonsense, completely devoid of any apparent constitutional logic.” The scope and reach of the Sixth Amendment has been extensively litigated, and it most assuredly does not apply to the House’s impeachment inquiry.

One can certainly make a good faith argument that maintaining the whistleblower’s anonymity is unfair, but to argue that it violates the Sixth Amendment is simply and plainly wrong.

But this Sixth Amendment nonsense is only the tip of the iceberg of constitutional confusion. Take these paragraphs from a recent piece by Victor Davis Hanson:

The “inquiry,” supposedly prompted by President Trump’s Ukrainian call, is only the most recent coup seeking to overturn the 2016 election.

Usually, the serial futile attempts—with the exception of the Mueller debacle—were characterized by about a month of media hysteria. We remember the voting-machines-fraud hoax, the Logan Act, the Emoluments Clause, the 25th Amendment, the McCabe-Rosenstein faux coup and various Michael Avenatti-Stormy Daniels-Michael Cohen psychodramas. Ukraine, then, isn’t unique, but simply another mini-coup.

He later argues that “We are witnessing constitutional government dissipating before our eyes.” Words have meaning, and impeachment isn’t a “coup.” A coup is an unlawful (often violent) seizure of power. Impeachment is a constitutional process that can’t succeed without the affirmative votes of, first, a majority of the House, and then, a supermajority of the Senate—and every person voting is a person who won an election, also according to constitutional process. Impeachment isn’t the dissipation of constitutional government, it’s the exercise of constitutional authority.

And no, if Trump is impeached and convicted (highly unlikely), it doesn’t “overturn” the 2016 election. Hillary Clinton won’t be president. Every one of the laws, judicial confirmations, and regulations enacted during the entirety of Trump’s term would remain in place.

If one took literally the complaints of serious senators, law professors, and historians (and why wouldn’t you? They’ve spent a lifetime demonstrating their constitutional knowledge), you’d believe that House Democrats were currently engaged in an illegal, unconstitutional proceeding. If you’re a partisan, you already likely despise Democrats. And now they’re engaged in a “coup”? Outrageous!

Yes, I know that there’s a longstanding tradition of hyperbole in American political rhetoric, but there’s a difference between exaggerations and plainly false constitutional assertions. Moreover, while people expect hyperbole from Sean Hannity or any other screaming Trump defender on talk radio, the same ideas from the pen of a respected historian sends a message that “this really is a coup.” It’s not. It’s not even close.

If you follow social media in the age of Trump, you’ve likely noticed a pattern. When there’s a report of an alleged Trump scandal, there’s often a brief pause on MAGA Twitter and in MAGA Facebook. One set of defenders waits patiently for the media overreaction, ready to pounce on the first blue checkmark who goes too far or misstates the alleged facts. Another set waits for a credentialed or credible person to toss a word salad for Trump—granting them a “well akshually” fig leaf that they can trot out as a talking point online.

“Akshually, the founder of the Federalist Society says Trump has a constitutional right to confront the whistleblower.”

“Akshually, a Hoover Institution senior fellow and esteemed historian recognizes impeachment as a coup.”

This sets up the debate as a battle of experts, and we all know that when there’s a battle of experts, the expert you like tends to win—regardless of whether he’s despoiling his expertise.

David French.

Every Republican who makes “plainly false constitutional assertions” to defend Donald Trump is a traitor to his oath to uphold the Constitution.

Such was the status of Weimar America at the end of Wednesday. It got worse Friday, with the President Tweeting out witness-intimidating lies (“exercising my freedom of speech”) about a career diplomat who was on the witness stand at that very moment.

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The Lord is King, be the peoples never so impatient; He that sitteth upon the Cherubim, be the earth never so unquiet.

(Psalm 98:1, Adapted from the Miles Coverdale Translation, from A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Musings from the Progressive Era

It’s stimulating, and a bit unsettling, to read Wilfred McClay’s Land of Hope: An Invitation to the Great American Story (my long-overdue antidote to Howard Zinn) during impeachment hearings (which I won’t watch or audit closely, but cannot avoid entirely).

The professionalism of our Diplomats in contrast to the grubby demagogues trying to interrogate them gives me a vastly heightened appreciation of the early 20th Century progressives, whose main cause (besides breaking up or regulating trusts) was to remove administration from politics, entrusting it to neutral professionals.

I have half a mind to advocate abolition of primary elections and 17th Amendment, too — two other Progressive initiatives that I think have not stood the test of time all that well, judging from election grubby demagogues like Devin Nunes and Jim Jordan in the House, Lindsey Graham in the Senate.

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The Lord is King, be the peoples never so impatient; He that sitteth upon the Cherubim, be the earth never so unquiet.

(Psalm 98:1, Adapted from the Miles Coverdale Translation, from A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.