Yesterday, I got to see Virgil, and give him all your greetings, which he returns. I got the Scrabble set right away, and we managed to play three full games (not keeping score, just attempting (and, with some cooperation, succeeding) to use all the letters with all actual words. That took us within 3 minutes of the end of visitation, so I’d say we did well.
Cartoon –
Short Takes –
HuffPost – Clarence Thomas Says He Was ‘Advised’ He Didn’t Need To Report Lavish Trips With GOP Donor
Quote – In a rare statement released by the Supreme Court, Thomas said he was “advised” by his colleagues in the judiciary “that this sort of personal hospitality from close personal friends” was not something that needed to be reported under the court’s guidelines at the time. The conservative justice added that it was his intent to follow new reporting rules instituted by the Supreme Court last month. Click through for details. One legal expert commented he would really like to know who so advised him (with the implication that he’d like to give them a piece of his mind.) But apparently they are all dead now (so cannot defend themselves – or call Thomas a liar. Pity.
Daily Kos (ericlewis0) – NYT: Georgia DA Willis has Notified almost 20 People They are Targets of Investigation
Quote – In Georgia, however, there is another criminal investigation of Mr. Trump nearing completion, this one also led by a local prosecutor, Fani T. Willis of Fulton County…. Her investigation has targeted a wide range of conduct centered around efforts to subvert the democratic process and overturn Mr. Trump’s 2020 election loss. Nearly 20 people are already known to have been told that they are targets who could face charges, including Rudolph W. Giuliani, Mr. Trump’s former personal lawyer, and David Shafer, the head of the Georgia Republican Party. Click through for story. There is a link to the NY TImes, but unless you have an account (free or paid, either should work) you won’t be able to get in.
Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”
“Protecting the Institution of the Presidency,” in and of itself,is not a bad idea. The bad ideas come in when it becomes confused with “protecting the President at all costs,” which is NOT the same thing by any means. I don’t expect to need to explain that to anyone here, but it apparently does need to be explained to a lot of people who really should know better. And way too many of those people are in Congress and sprinkled throughout the courts. Hopefully a look at what the founding fathers ctually thought – as evidenced by what they actually said (and did) could help to clear this up a bit.
==============================================================
Trump’s indictment is unprecedented, but it would not have surprised the Founding Fathers
Much has been made of the unprecedented nature of the April 4, 2023 arraignment on criminal charges of former President Donald Trump following an indictment brought by Manhattan District Attorney Alvin Bragg. But a closer look at American history shows that the indictment of a former president was not unforeseen.
What the Constitution says about prosecuting a president
Article 1, Section 3, of the Constitution says that when a federal government official is impeached and removed from office, they “shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”
In his defense of this constitutional provision, Founding Father Alexander Hamilton noted that, unlike the British king, for whom “there is no constitutional tribunal to which he is amenable; no punishment to which he can be subjected,” a president once removed from office would “be liable to prosecution and punishment in the ordinary course of law.” Trump has been impeached twice, but not removed from office.
As a scholar with expertise in legal history and criminal law, I believe the punishment our Founding Fathers envisioned for high officeholders removed from office would also apply to those who left office in other ways.
Tench Coxe, a delegate from Pennsylvania to the Continental Congress from 1788–89, echoed Hamilton. He explained that while the Constitution’s speech and debate clause permanently immunized members of Congress from liability for anything they might do or say as part of their official duties, the president “is not so much protected as that of a member of the House of Representatives; for he may be proceeded against like any other man in the ordinary course of law.”
In Coxe’s view, even a sitting president could be arrested, tried and punished for violating the law. And, though Coxe didn’t say it explicitly, I’d argue that it follows that if a president can be charged with a crime while in office, once out of office, he could be held responsible like anyone else.
The indictment of Aaron Burr
Hamilton’s and Coxe’s positions were put to an early test soon after the Constitution was ratified. The test came when jurors in New Jersey indicted Vice President Aaron Burr for killing Hamilton in a duel in that state.
The indictment charged that “Aaron Burr late of the Township of Bergen in the County of Bergen esquire not having the fear of God before his eyes but being moved and seduced by the instigation of the Devil … feloniously willfully and of his malice aforethought did make an assault upon Alexander Hamilton … [who] of the said Mortal wounds died.”
Indeed, Burr’s legal troubles were not over. In February 1807, after his term as vice president ended, he was arrested and charged with treason for plotting to create a new and independent nation separate from the U.S. This time, he stood trial and was acquitted.
The Strange case of Ulysses S. Grant
Fast forward to 1872, when the incumbent president, Ulysses S. Grant, was arrested in Washington, D.C., for speeding in his horse-drawn carriage.
The arresting officer told Grant, “I am very sorry, Mr. President, to have to do it, for you are the chief of the nation, and I am nothing but a policeman, but duty is duty, sir, and I will have to place you under arrest.”
As The New York Post recently recounted the story, Grant “was ordered to put up 20 bucks as collateral.” But he never stood trial.
20th and 21st century precedents
A little over a century later, Republican Vice President Spiro Agnew had a more serious brush with the law when he was accused by the Department of Justice of a pattern of political corruption starting when he was a county executive in Maryland and continuing through his tenure as vice president.
On Oct. 10, 1973, Agnew agreed to a plea bargain. He resigned his office and pleaded no contest to a charge of federal income tax evasion in exchange for the federal government dropping charges of political corruption. He was fined US$10,000 and sentenced to three years’ probation.
Spiro Agnew leaves a Baltimore federal courthouse on Oct. 10, 1973, after pleading no contest to tax evasion charges and resigning as vice president. Bettmann via Getty Images
Richard Nixon, the president with whom Agnew served, narrowly escaped being indicted for his role in the Watergate burglary and its cover-up. In 2018, the National Archives released documents, labeled the Watergate Road Map, that showed just how close Nixon had come to being charged.
Another occasion on which a president came close to being charged with a crime
occurred in January 2001, when, as an article in The Atlantic notes, independent prosecutor Robert Ray considered indicting former President Bill Clinton for lying under oath about his affair with former White House intern Monica Lewinsky.
Ultimately, Ray decided that if Clinton publicly admitted to “having been misleading and evasive under oath … he didn’t need to see him indicted.”
And in February 2021, after President Trump had left office, Republican Senate Minority Leader Mitch McConnell acknowledged that the former president, who had escaped being removed from office twice after being impeached, would still be legally “liable for everything he did while he was in office … We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being held accountable by either one.”
What history teaches about Trump’s indictment
This brings us to the present moment.
For any prosecutor, including Alvin Bragg, the indictment and arrest of a former president is a genuinely momentous act. As Henry Ruth, one of the prosecutors who was involved in the Nixon case, explained in 1974, “Signing one’s name to the indictment of an ex-president is an act that one wishes devolved upon another but one’s self. This is true even where such an act, in institutional and justice terms, appears absolutely necessary.”
For the rest of us, this nation’s history is a reminder that ours is not the first generation of Americans who have been called to deal with alleged wrongdoing by our leaders and former leaders.
============================================================== Alecto, Megaera, and Tisiphone, I would have liked to read something about, say, Jackson, and Harding – but since neither faced any prosecution, their stories would really not add to this article, which is about actual and potential precedent. The point is, anyone who actually cared about what the founding fathers (would have) wanted would take steps to ascertain what that acually was, would they not? Republicans today are making it pretty obvious that they don’t care.
Yesterday, the radio opera was Puccini’s “Tosca,” an opera which strikes very close to home in multiple circumstances … including the circumstances the United States is currently in politically (and legally.) The title character is a beautiful, celebrated, passionate, insecure, and rather naive singer who is in love with the tenor, a political activist. The chief of police, the de facto dictator (at least of the city), who is such a jerk that Napoleon looks good to the activists, has the hots for her. He also knows her lover, Mario, is an activist, and therefore wants him dead for both reasons. There is torture, there is extortion, there is desperation, and by the end of the opera all three are dead. It’s quite a trip. It wasn’t the first opera I saw live, but I was quite young when I saw it first – about 18. It was on a Saturday. The previous evening, I had been to a get-together with the professors and other students in the Classics Department (my major.) One graduate student was kind of pushing me to accept an alcoholic drink (but I had driven to the occasion, and would have to drive home), and at one point he said, “Don’t you want to be happy?” I replied, “I am happy already,” “What?” he replied. “How dare you be happy without artificial means?” It was funny, and we both laughed, but it wasn’t so funny the next day when he had been found a suicide. I learned about it maybe an hour before I was to leave for the opera with the friend who had invited me. It really hit home. To this day I cannot see or hear or think about “Tosca” without remembering. I also can’t help loving “Tosca.”
Cartoon –
Short Takes –
Crooks and Liars – ‘You Bet!’: Peter Doocy Taken To The Woodshed By John Kirby
Quote – “Proud of the fact that we got more than 124,000 people safely out of Afghanistan? You bet,” Kirby shot back. “Proud of the fact that American troops were able to seize control of a defunct airport and get it operational in 24 hours? You bet. Proud of the fact that we now have about 100,000 Afghans, our former allies and partners, living in this country and working toward citizenship? You bet!” Click through. there’s a video if tou can stand Doocy’s voice – I can’t. I’m sharing this for John Kirby’s remarks. For an operation which was deliberately set up – by Trump** – to fail, there is indeed a lot to be proud of.
Democratic Underground (littlemisssmartypants) – A “brilliant story about…JustinPearson” from Tennessee.
Quote – When I was a young organizer, we would often sit in [Memphis City Schools] board meetings…. This particular night I noticed a young man who was sitting and waiting to speak…. Once he got to the podium the room completely shifted…. He challenged the Board to answer for why they had such low expectations for his school and his community…. That kid is an adult now and that adult just got expelled from our house floor making national news…. Click through for the full story. I’m not crying, you’re crying. If they hold special elections, his district – both districts – should vote them back in and keep doing so as long as necessary. And then elect both to Congress (Along with Gloria Johnson.)
Yesterday, I was kind of in a contemplative mood. Part of that was brought on by anticipating today’s opera (and I’ll explain that when I talk about the opera in tomorrow’s thread.) Part of it was brought on by the second short take – even just the headline gave crystal clarity to that particular form of selective ignorance, as if a light switched on, and I keep thinking of new examples (such as “inscrutable oriental” – which would today be recognized as racist, but maybe not for the right reasons.) I did receive one alert (from Axios) worth noting – “Federal judge [in Texas] rules to freeze use of abortion pill nationwide.”
Cartoon – 08 0408Cartoon.jpg
Short Takes –
The Warning (Steve Schmidt) – America’s Cancer
Quote – There is no place to compromise or meet in the middle with an extremist movement made up of fascist paramilitaries, Nazis, conspiracy loons and religious zealots. There is no avoiding their demand, which is patently ridiculous and deeply dangerous. They want power, and they want Donald Trump. They want a twice-impeached serial liar and credibly accused rapist to be the president of the United States — again. The book bans, abortion bans, birth control bans, criminalized curriculum, punitive legislation and investigations against dissenters aren’t an end. They are a gateway to abuse and ultimately terror. Click through for article. The issue with cancer is metastasis. If it is not dealt with in time it becomes unstoppable.
Daily Beast – Prince William ‘Baffled’ by Prince Harry’s ‘Difficult’ Coronation Behavior
Quote: Harry and wife Meghan Markle have said that they have been invited to the coronation but have not yet said if they will come. In January, Harry told interviewer Tom Bradby that he needed to have a face to face meeting with his family of origin before attending, and told another interviewer, Bryony Gordon, that he wanted “an apology for my wife,” although without specifically linking it to their attendance at the coronation. Royal sources have insisted that the family will make no such gestures towards Harry and Meghan, firmly believing they have nothing to apologize for. Click through if you like. This is very small in the overall scheme of things, but sometimes very small things can be a source of large insignt. William is baffled because he is privileged. The person who has privilege is always baffled by the person without it (or on this case, with less of it.) Men claim it’s impossible to understand women. I have heard white people assert that black people are incomprehensible. And on and on it goes. In fact, no one is incomprehensible. But privilege certainly gets in the way of comprehension.
