Really American – We all know this by now, but the “shock” is kind of fun.
“End notes” to “The Alt-Right Playbook” I haven’t seen enough yet to decide whether I should intersperse them orlistthem separately when I make the compendium … so that will be delayed somewhat. End note 1:
After the first meeting, and before they got used to each other, Cole and Marmalade did this.
Beau – Teaching and learning history – the Scooby-Doo method.
Now This News – Florida – Hey, I canfeel where they are coming from – but they are still wrong (not that Florida’s government officials have any moral high ground here. They don’t.)
Now This News – Fighting back against substandard medical care based on race.
Robert Reich – Unrigging the GOP’s Minority Rule
Jesse Dollmore – This is long and a bit repetetive, but it is also the first I have heard of any suggestion – at least any sworn suggestion – that the Secret Service was involved in the January 6 insurrection.
Beau – Forecasting for the GOP with at least one interesting takeaway
Meidas Touch – Voting Rights – and we all know why.
The Damage Report – Why is it cold if there’s global warming? for dummies
The Alt-Right Playbook – I Hate Mondays. This is the last in the series to date. However, the site has a couple of other series which may be worth starting.
How come @BetoORourke and @AOC work to raise money for struggling Texans, many of whom didn’t vote for Beto and think AOC is a she-witch, doesn’t count as a UNITY story?
How come the media isn’t spinning it that way? How come “unity” can only mean “giving the GOP what it wants”?
Beau on Deb Haaland – He makes good points, but I think he’s missing the one that may be the most important – she’s Native American (and a woman). The QOP won’t tolerate that.
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.”
As I’ve been saying, I have a number of articles saved regarding how white supremacy thinks, when it increases, how it expresses itself, and so on – and especially, what to do about it. I hope to get to all of them eventually. This is not one of them – but it is about accountability, which, like democracy, is not threatened.
The United States is not the first nation to have established an impeachment process. Neither are we the first nation to learn that, as a process to achieve accountability – well, let’s just say it is far from perfect. Here’s a little history so that we can consider similarities and differences.
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Why the British abandoned impeachment – and what the US Congress might do next
Impeachment was developed in medieval England as a way to discipline the king’s ministers and other high officials. The framers of the U.S. Constitution took that idea and applied it to presidents, judges and other federal leaders.
That tool was in use, and in question, during the second impeachment trial of Donald Trump. Republicans raised questions about both the constitutionality and the overall purpose of impeachment proceedings against a person who no longer holds office.
An impeachment case that was active in Britain while the framers were writing the Constitution in Philadelphia helped inform the new American government structure. But the outcome of that case – and that of another impeachment trial a decade later – signaled the end of impeachment’s usefulness in Britain, though the British system of government offered another way to hold officials accountable.
A century later, impeachment no longer carried a risk of execution, but in 1786 the House of Commons launched what would become the most famous – and longest – impeachment trial in British history.
The lower house of Parliament, the House of Commons, impeached Warren Hastings, who had retired as governor-general of British India and was back in England, for corruption and mismanagement. That action provides a direct answer to one current legal question: The charges were based on what Hastings had done in India, making clear that a former official could be impeached and tried, even though he was no longer in office.
Future U.S. president John Adams, who was in London at the time, predicted in a letter to fellow founder John Jay that although Hastings deserved to be convicted, the proceedings would likely end with his acquittal. Nevertheless, Adams and Jay were among those who supported the new U.S. Constitution, whose drafters in 1787 included impeachment, even though that method of accountability was close to disappearing from Britain.
Nearing the end of its usefulness
The trial of Hastings, in Parliament’s upper house, the House of Lords, didn’t actually begin until 1788, and took seven years to conclude. The prosecution included Edmund Burke, one of the most gifted orators of the age. Eventually, though, the House of Lords proved Adams right, acquitting Hastings in 1795.
This stunning loss could have been the death knell for impeachment in Great Britain, but Hastings was not the last British political figure to be impeached. That dubious honor goes to Henry Dundas, Lord Melville, Scottish first lord of the admiralty, who was charged in 1806 with misappropriating public money. Dundas was widely assumed to be guilty, but, as with Hastings, the House of Lords voted to acquit.
These examples showed that impeachment, even when the accused government official had done the things that he was accused of doing, was a blunt, cumbersome weapon. With both Hastings and Dundas, the House of Commons was willing to act, but the House of Lords – which was (and is) not an elected body and therefore less responsive to popular opinion – refused to go along. As a tool for checking the actions of ministers and other political appointees, impeachment no longer worked, and it fell out of use.
A new method of accountability
The decline of impeachment in Britain coincided with the rise of another, more effective process by which high officials there could be held accountable.
The U.K. prime minister’s ‘question time’ is one key method by which the government’s leader can be held to account by other lawmakers. U.K. Parliament via Wikimedia Commons, CC BY
If a prime minister receives a vote of no confidence, there is an alternative to resignation: call an election for a new Parliament, which is what Callaghan did, and let the people decide whether the current government gets to stay or has to go. If the prime minister’s party loses, he or she is generally out, and the leader of the party with the new majority takes over. In 1979, the defeat of Callaghan and the Labour Party paved the way for the Conservative government of Margaret Thatcher, Britain’s first female prime minister.
This provides an immediate course of action for those who oppose a British government for any reason, including allegations of official wrongdoing, and delivers a rapid decision.
In the United States, by contrast, a president can be accused of corruption or even sedition but face no real consequences, so long as one more than a third of the Senate declines to convict.
If impeachment is rendered useless in the U.S., as it was in Britain two centuries ago, the Constitution does offer another remedy: Section 3 of the 14th Amendment.
If Rep. Jamie Raskin and the other House managers of the impeachment case don’t prevail, that may not be the end of possible accountability for former President Donald Trump. Senate Television via AP
Originally intended to prevent former Confederates from returning to power after the Civil War, Section 3 bars people who have “engaged in insurrection or rebellion” against the U.S. from serving in state or federal governments, including in Congress or as president or vice president.
The language in the amendment could justify barring Trump from future office – and the resolution to do so may require only a majority vote in both houses of Congress, though enforcement would likely also need a ruling from a judge.
================================================================ Alecto, Megaera, and Tisiphone, I don’t think it requires a whole lot of logic, or imagination, to see that instituting the option of a vote of no confidence (or the equivalent) would not work well here. I think the most obvious reason is that, in those nations which use it, there are at least three active political parties, so that it is impossible to govern without forming some kind of coalition with someone. Here, a vote of no confidence would be essentially the same as a recall election. And, if you have ever lived through one of those, you know how dangerous those can be. And particularly with no consistent media delivering facts.
Further, a vote of no confidence, like impeachment, is a political tool. What we need today (and would have benefitted from having for the last four years) is a legal tool. The decision that no sitting president can be prosecuted for crimes is based on one legal opinion almost fifty years old. Some of us thought it wrong at the time. Many thought it wrong during the events of the last four years. Yet it is held as sacrosanct.
I am not a lawyer nor a legislator myself. But might Congress not consider writing and passing a law along the lines that no one in the Federal Government, elected or appointed, can be considered immune from prosecution for any Federal crime, or any State crime committed under that State’s jurisdiction, even while in office? Because that’s what we have needed, and I guarantee we will need it again. (Actually, we need it already. I’m confident Nameless will concur and have a suggestion.)
Rachel Maddow on (and an interview with) the new attorney at SDNY. I think I have it starting at the right place so it will only be 17 minutes, not 38.
The Republican Accountability Project made one of these for each Rep who voted to impeach and each Senator who voted to convict. I just picked Kitzinger because I figured after that letter his cousin Karen wrote everyone would recognize his name.
Really American
Meidas Touch – Parody Parler ad
Now This News – something positive
John Fugelsang as “Jack Haze.” It was only a matter of time before marijuana decriminalization/legalization got into the videos.
Beau on windmills (for a start – and more on Texas)
Beau on Trump**’s “Love Letter” to McConnell – He can hardly keep a straight face. If you saw this yesterday, sorry. I bumped it (or tried to) to today in favor of one about staying alive in freezing weather with no power. But it was up for a while Again, sorry.