Presidents

VLAD’S GIMP:

Trump suggests he’d disregard NATO treaty, urge Russian attacks on allies (Marianne LeVine, February 10, 2024, Washington Post)


“One of the presidents of a big country stood up and said, ‘Well, sir, if we don’t pay and we’re attacked by Russia, will you protect us?,’” Trump said during a rally at Coastal Carolina University. “I said, ‘You didn’t pay. You’re delinquent.’ He said, ‘Yes, let’s say that happened.’ No, I would not protect you. In fact, I would encourage them to do whatever the hell they want.”

ALWAYS BET ON THE dEEP sTATE:

Special counsel report questions Biden’s memory (Alex Thompson, 2/08/24, Axios)

The report said that “Biden’s memory also appeared to have significant limitations,” citing his interview with the special counsel’s office and recorded conversations with his ghostwriter.

“He did not remember, even within several years, when his son Beau died,” the report said.
“We have also considered that, at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory.”

Props to the Special Counsel/DOJ for recognizing that, while invoking the 25th was beyond their remit in this instance, the conversation needed to begin and to the staff who wheeled him out last night to bolster the case.

NEITHER OF THEM WILL BE ON THE BALLOT IN NOVEMBER:

Biden won’t be charged in classified docs case; special counsel cites instances of ‘poor memory’ (Ryan J. Reilly, Ken Dilanian and Megan Lebowitz, 2/08/24, NBC news)

Hur’s report included several shocking lines about Biden’s memory, which the report said “was significantly limited” during his 2023 interviews with the special counsel. Biden’s age and presentation would make it more difficult to convince a jury beyond a reasonable doubt that the now-81-year-old was guilty of willfully committing a crime.

“We have also considered that, at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory,” it said. “Based on our direct interactions with and observations of him, he is someone for whom many jurors will want to identify reasonable doubt. It would be difficult to convince a jury that they should convict him — by then a former president well into his eighties — of a serious felony that requires a mental state of willfulness.”

And he didn’t have much on the ball to begin with.

JUST THE FACTS:

Congress has already disqualified Trump from the ballot (Tristan Snell, February 8, 2024, CNN)

Those votes came in the second impeachment of Trump, in January and February of 2021, in which majorities of both the House and the Senate backed an article of impeachment against Trump for “incitement of insurrection.”

This was a finding of fact, by majorities of our elected representatives, after a full public trial in which Trump was able to mount a defense — and it should be deemed persuasive, if not conclusive, in answering the factual questions before the Supreme Court. Indeed, for the more right-wing justices, who are often fond of pontificating that courts should not make policy judgments and should instead defer to legislatures, one would think that such a clear public pronouncement from Congress on Trump’s engagement in insurrection would be a compelling precedent.


To be clear, the 14th Amendment does not actually require anyone to have voted to disqualify an insurrectionist, whether that’s a legislature or a jury. It certainly does not require a conviction, as some have tried to argue (and such bastardization of the plain language of a constitutional provision is exactly the opposite of what conservatives normally preach).

Legally, the insurrectionist is disqualified the moment he engages in insurrection.

THE GRAND OLD PARTY:

Abraham Lincoln’s Oft-Overlooked Campaign to Promote Immigration to the U.S. (Harold Holzer, February 8, 2024, Smithsonian)


Between 1830 and the outbreak of the American Civil War in April 1861, millions of Europeans migrated to the U.S., forever upending the demography, culture and voting patterns of the nation, especially in its teeming urban centers. In the wake of such overwhelming change, resistance to immigration and immigrants metastasized until forces arose that were determined not only to restrict foreigners from entering the country but also to disenfranchise, demonize and, occasionally, terrorize those who had already arrived, settled and earned citizenship here. And still the refugees poured across oceans and borders to reach our shores, their growing numbers inevitably challenging, and ultimately redefining, what it meant to be American.

Only when the Civil War began did foreign migration to the U.S. slow significantly. Prospective immigrants understandably shrank from the notion of abandoning one troubled country to relocate to another. To some Americans, the reduction in new foreign arrivals came as an answered prayer. For decades, immigration, particularly by Catholics, had stirred resistance, resentment and, in some cases, violence, destruction and death. Politically, these tensions split and ultimately destroyed the old Whig Party, in which Lincoln had spent most of his political career, inspiring anti-­immigration nativists to form a political organization of their own. The realignment had driven many immigrants into the ranks of the Democrats, who welcomed new arrivals with a warm embrace and a swift path to citizenship and voter registration. The issue roiled the country and exposed an ugly vein of bigotry in the American body politic. And its intractability deflected mainstream attention from the country’s original sin: slavery.

Now Lincoln looked beyond the longtime national divide over immigration to propose his revolutionary idea. Although he reported in his message that refugees were “again flowing with greater freedom” into America, their numbers had yet to reach their robust, if bitterly contested, prewar levels. And the reduction was causing what Lincoln called “a great deficiency of laborers in every field of industry, especially in agriculture and in our mines, as well of iron and coal as of the precious metals.” In other words, America could no longer rely on American workers to fill American jobs. Employers needed to look elsewhere—namely overseas—for labor.


True enough, the Lincoln administration had in a sense contributed to this crisis-­level “deficiency.” As many as a million men had now enrolled in the Union armed forces to fight the Confederacy, and since the spring of 1863, the newly introduced military draft had been wresting laborers from farms and factories and redeploying them into the Army. As Lincoln saw matters, their necessary absence from the home front now threatened national productivity—of civilian goods as well as war materiel. Whether the situation might ease longtime hostility to foreign laborers would be left for another day. First, Lincoln urgently wanted robust immigration to resume—even if the government had to provide the means to accelerate it.

As Lincoln forcibly argued in his message, the time had come to regard immigrants not as interlopers but as assets, not as a drain on public resources but as a “source of national wealth and strength.” He expressed it this way:

While the demand for labor is thus increased here, tens of thousands of persons, destitute of remunerative occupation, are thronging our foreign consulates and offering to emigrate to the United States if essential, but very cheap, assistance can be afforded them. It is easy to see that, under the sharp discipline of civil war, the nation is beginning a new life. This noble effort demands the aid, and ought to receive the attention and support, of the government.


Summoning his full rhetorical power, Lincoln concluded his 1863 annual message with a resounding salute to the Army and Navy, “the gallant men, from commander to sentinel, who compose them”—many of them, he might have mentioned, foreign-­born—“and to whom, more than to others, the world must stand indebted for the home of freedom disenthralled, regenerated, enlarged and perpetuated.” The key words were “regenerated” and “enlarged.”

NOT A CLOSE RUN THING:

Donald Trump Meets the Supreme Court (PETER J WALLISON, FEB 1, 2024, Peter’s Substack)

This was a constitutional democracy protecting itself—in this case from a person or persons who are so untrustworthy that their oaths were worthless.

It happens that Section 3 applies to Mr. Trump, because he took an oath to support the Constitution when he was inaugurated as President in 2017, and violated that oath by attempting to overthrow the Constitution’s electoral principles in 2021. He does not even have to be convicted of that; he has already admitted that he tried to change the electoral rules in 2021, but argues that he was only doing what he was required to do as President. It is likely that the Supreme Court will find otherwise.

For the reasons stated earlier, Mr. Trump poses a particular risk for this country, and it is fortuitous that his case falls within the terms of a constitutional amendment that Congress enacted over 150 years ago to protect the United States against unscrupulous people who would violate their oaths to attain and hold power.

In my view, considering each of these elements, the Supreme Court will uphold this constitutional restriction by disqualifying Donald Trump.

DONALD ALWAYS FOLLOWS THE MONEY…::

Ka-ching: $18.3 M + $65 M = $83.3 million verdict against Trump (LUCIAN K. TRUSCOTT IV, JAN 26, 2024, Lucian Truscott Newsletter)

The New York Times reported that journalists in a nearby press room gasped when the full amount of the jury award was read out loud.

During summations today by Roberta Kaplan, Carroll’s lawyer, and Alina Habba, Trump’s attorney, Trump’s Truth Social account made 16 posts in 15 minutes, all of them attacking either the judge in the case, Lewis Kaplan, or the plaintiff, E. Jean Carroll. After the trial, Trump put up a post calling the verdict “Absolutely ridiculous!” He charged, “They have taken away all First Amendment Rights” and said he would appeal. He also claimed, in all caps, “THIS IS NOT AMERICA!”

Trump is awaiting another verdict in a state courtroom in a lawsuit filed against him and his company for lying on applications for bank loans and insurance policies over a ten year period. The judge in that case, Arthur Engoron, has said he hopes to issue a verdict by the end of this month. New York Attorney General Leticia James has asked for a penalty of $370 million to be levied against Trump and his company, and for both Trump and the Trump Organization to be banned from doing business in the state of New York.

…and it’s headed out the door. Let a million suits bloom.

MAGA MAN:

The New Deal’s Dark Underbelly: David Beito has penned one of the most damning scholarly histories of FDR to date (Marcus Witcher, 1/23/24, Law & Liberty)

The Roosevelt consensus among historians, to the extent that it ever existed, has been unraveling for some time. Free market critics such as Robert Higgs, Burt Folsom, Jim Powell, Thomas Fleming, and Amity Shlaes have rightly condemned Roosevelt’s response to the Great Depression and his inclination to use the coercive power of the state to impose his policy prescriptions—often with undesirable results and unintended consequences. But there is also an emerging group of historians on the left—Richard Rothstein, Ira Katznelson, Linda Gordon, and Richard Reeves, among others—who criticize FDR for reinforcing the white male breadwinner home, for creating organizations such as the Federal Housing Administration that helped segregate America through redlining, for not supporting anti-lynching legislation, for not ensuring that the New Deal programs benefited minorities on a more equal basis, and for the internment of Japanese Americans. Even David Kennedy’s comprehensive history of the period is critical of Roosevelt on some margins.

Although some historians have criticized FDR, most of the historiography of Roosevelt gives him a pass on the abuse of civil liberties during his administrations and hails him as a champion of democracy often citing his soaring rhetoric and the Four Freedoms. In reality, as Beito demonstrates, Roosevelt’s liberalism did not lead him to care about Americans’ civil liberties and he violated the Bill of Rights time and time again while in office. […]

Roosevelt was not a passive and reactive participant in these events and his racist views of Japanese people influenced his later policies. In 1925, FDR wrote that “anyone who has travelled in the Far East knows that the mingling of Asiatic blood with European or American blood produces, in nine cases out of ten, the most unfortunate results.” In 1935, he insisted to a delegation that aggression “was in the blood” of Japan’s leaders. In 1936, when visiting Hawaii and thinking about the interactions between Japanese sailors and Japanese Americans on the islands, the president insisted that “every Japanese citizen or non-citizen on the Island of Oahu who meets these Japanese ships or has any connection with their officers or men should be secretly but definitely identified and his or her name placed on a special list of those who would be the first to be placed in a concentration camp.”

After Pearl Harbor, Roosevelt ignored information that did not confirm his negative view of Japanese Americans and instead “sought out, and then amplified beyond all proportion, statements or anecdotes that conveyed, at least in his own mind, a more negative impression.” For instance, Roosevelt received one report from his secret intelligence unit that insisted that Japanese Americans were no “more disloyal than any other racial group in the United States with whom we went to war.” In another report, FDR ignored its conclusion that at least ninety percent of Japanese Americans “were completely loyal to the United States.”

ALWAYS BET ON THE dEEP sTATE:

Trump’s Bad Day in Court: The first of many to come (JOYCE VANCE, JAN 10, 2024, Civil Discourse)

The most telling points in the oral argument centered on hypotheticals offered by Judge Pan. Judges frequently use hypotheticals to help them understand what a ruling would mean both for the case at hand and in future cases. Judge Pan posed three to Sauer, asking whether, under his view of immunity, a president could:

order Seal Team 6 to execute a political rival, and get away with it

accept a payment for issuing a pardon, and get away with it

sell nuclear secrets to a foreign power, and get away with it

Sauer argued that presidents can only be prosecuted if they are first impeached and convicted by the Senate. He, of course, has to argue this because otherwise, his client Donald Trump is in trouble.

It’s an unappetizing position. Sauer ran into still more trouble as the hypothetical was played out with both lawyers in turn, exploring the ways a president could avoid being impeached and convicted. They ranged from a president who resigns to avoid conviction, succeeds in concealing criminal conduct until he leaves office so he is never impeached, or even one who orders the deaths of his opponents in the Senate to prevent conviction. Under Trump’s theory of immunity, no prosecution would be available in these cases.

You don’t have to be a high-end appellate lawyer to understand that this argument is a stone-cold loser. At least in a democracy.

Judge Pan pointed out that Trump had taken a contradictory position in two earlier cases. During Trump’s 2021 impeachment and in Trump v. Vance where then-President Trump tried to prevent Manhattan DA Cy Vance from obtaining his tax returns, Trump’s lawyers argued he could be criminally prosecuted once he left office. Sauer was ultimately forced to concede they had taken that position then, but it’s not, he said “res judicata” here—not binding on Trump now. That one is a tough sell too, especially since Trump avoided conviction in the Senate by arguing he could be prosecuted in precisely this case after he left office. If the court accepts this view it would make a mockery of justice. This panel of Judges didn’t seem inclined that direction.

Trump is not the only former president who seems to have understood he could be prosecuted after leaving office. Judge Childs pointed out later in the argument that President Nixon was apparently so convinced he could be prosecuted that he sought a pardon.