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| Bennie Thompson |
And that, I believe, is what has made his contribution to the Committee, however quiet and low key, of indispensable importance.
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| Bennie Thompson |
And that, I believe, is what has made his contribution to the Committee, however quiet and low key, of indispensable importance.
*Example: When the impeachment report came out detailing everything Bill Clinton did that met the legal description of sex used at his deposition, the joke was that Tripper Gore would have to explain half of that stuff to Al. When rumors of the peepee tape came out, someone joked that a very uncomfortable staffer is now explaining to Mike Pence what a "golden shower" is.
**When I searched for imagines of Goofus and Gallant, at least half were spoofs of some kind.
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| But her emails! |
Absurdly, many seem to have convinced themselves that Trump, who won’t release his tax returns, as every presidential candidate has for decades, will be better on transparency; that a man whose finances we don’t even know, who used his charitable foundation to illegally funnel money to an attorney general investigating him for fraud, will be better on conflicts of interest; that an erratic man who blurts all manner of things out on Twitter and has shady ties to Vladimir Putin will somehow be a more trustworthy guardian of classified information. Trump is likely to be worse across all those metrics!
Hovering over the January 6 Committee hearings was an absent presence, a man who never testified, never even took the fifth, but knew perhaps more than anyone else about what was really going on, who had cooperated just enough to seriously incriminate himself, but not enough to get off on a plea. If there was any sort of coordination between the White House and the rioters, this is the one who would know it.
I refer, of course, to Mark Meadows, the White House Chief of Staff at the time of the election and aftermath.
Confession: I have been known to confuse Mark Meadows and Mick Mulvaney. Consider all they things they have in common. Both have the initials MM. Both were elected to Congress from a Carolina state. Both were leaders of the Freedom Caucus, along with Jim Jordan.* Both left Congress to serve in the White House, including as White House Chief of Staff. Both were loyal Trumpsters. The main difference, so far as I could see, what that Mulvaney looked so much more Irish than Meadows. (Meadows is actually quite handsome).Mulvaney, it must be emphasized, was a very much a loyal Trumpster. As director of the Office of Budget Management (OMB), Mulvaney withheld military aid to Ukraine, a policy opposed by essentially everyone else, and described by National Security Advisor John Bolton as a "drug deal" between Mulvaney and envoy Gordon Sondland. Mulvaney refused to testify at the first impeachment hearings. As chief of staff, Mulvaney encouraged the insane decision for the Trump Administration to have the entire Affordable Care Act overturned in court against the better judgment of William Barr.
So Mulvaney's credentials as a Trump supporter are beyond dispute. But, as luck would have it, in March, 2020 Mark Meadows took over as White House Chief of Staff, while Mulvaney became special envoy to North Ireland. As such, Mulvaney was out of the country during the attempt to overturn the election and took no part in any aspect. He resigned in protest after January 6 and later became a CBS commentator.
Meadows, by contrast, was in the thick of things. Cassidy Hutchinson's testimony about Meadows was devastating. Liz Cheney hinted without actually saying that Roger Stone, Michael Flynn, and Rudy Giuliani may have been involved in planning the insurrection. Hutchinson confirmed that Meadows (1) discussed the rally with Giuliani, (2) warned that it might get violent, (3) planned to travel to the Willard Hotel to make plans with Giuliani, but Hutchinson talked him out of it, (4) when she tried to warn Meadows that a riot was starting at the Capitol he twice closed his car door on her and seemed uninterested when he did find out, (5) Meadows spent the rest of the day sitting on a couch, scrolling through his phone, strangely indifferent to the riot going on, and doing nothing to talk any sense into Trump.Mulvaney could only describe Meadows' response as a sort of nervous breakdown. He said it was Hutchinson's testimony that convinced him that Trump's behavior was criminal. I have to wonder whether Mulvaney, listening to what Meadows was doing during those fateful days, ever wonders if he would have done any better under the circumstances. Does he ever say to himself, "There but for the grace of God go I"?
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*Jim Jordan, on the other hand was impossible to confuse with the others because (1) his initials were JJ, (2) he stayed in Congress, (3) his schtick of showing up in his shirtsleeves, (4) his signature style of yelling and ranting, and (5) the whiff of scandal over the University of Ohio wrestling team.
Well, Donald Trump has the ethical standards of a tapeworm. Not only does Donald Trump have no ethical standards, the whole idea of Donald Trump having ethical standards is self-evidently absurd. Donald Trump is incapable of having ethical standards. He's Donald Trump! Donald Trump can't help evaluating events solely in terms of his own interests. It's what he does. He is incapable of doing otherwise.
It is also unclear to me whether Donald Trump has any concept of objective reality apart from his personal interests. It is not clear he can distinguish between wanting to win and actually winning, or between the size of crowd he saw from his specific vantage point from his inauguration to the entire crowd on the ground and so forth. Once again, I am reminded of when John Hinkley, Jr. shot and wounded President Reagan and got off on a plea of insanity. An outraged columnist asked if Hinkley was sane enough to know that he was loading bullets, not raisins and firing a gun, not a roman candle. Certainly, I think that Trump has that much sense of objective reality. He understands objective reality well enough to know that it is not in his interest to jump off Trump Tower and try to fly by flapping his arms. Whether he might think that a follower whose loyalty he was starting to question should prove it by jumping off Trump Tower and flapping his arms to fly I could not say.
All of this is why the question of whether to prefer Donald Trump or Ron DeSantis should be a complete no brainer. Yes, I grant, DeSantis is a fairly typical Republican these days who appears to believe no Democrat can legitimately win an election,*** that media may not legitimately criticize Republican politicians, regulatory agencies and law enforcement may not legitimately investigate or prosecute Republican politicians, corporations may not legitimately express "woke" viewpoints, local government may not differ from state policy, social media may not legitimately ban any right-wing post, and (presumably) that it should be a defense to any crime that it was done to advance the Republican Party or platform. Yes, he is smarter and more competent than Trump and would no doubt be more effective. And no, these are not just ordinary policy disputes. They are part and parcel of the entire Republican Party's apparent belief that it is entitled to a monopoly on political power and that its opponents are illegitimate by definition.But Ron DeSantis is not a stone cold sociopath. He is, no doubt, a cynical opportunist and authoritarian, but he is not a stone cold sociopath. A President DeSantis would understand the difference between his wishes and objective reality, even if he chose to lie about it. He would not throw his plate at the wall when someone told him news he didn't want to hear. He would understand what was wrong with a mob rampaging through the Capitol, howling for his Vice President's blood. I do not doubt that, if elected, DeSantis would implement something like Trump's plan to remove civil service protections from some 50,000 mid-level managers in the federal government and replace them with loyalists. But I would expect him to put his loyalists to more traditionally Republican uses. Until recently, I would expect a Republican to act as an economic royalist and use this power simply to halt all economic regulation of any kind. Times having changed and the Republican Party have moves somewhat away from economic royalism, I would expect a President DeSantis use regulatory power to bar all "woke" policies and punish companies that express any "woke" opinions, but to otherwise refrain from all economic regulation.
But I would expect a President DeSantis to focus on typical conservative targets such as the Environmental Protection Agency and the Internal Revenue Service, with the goal of gutting them, except to punish "wokeness." I would not expect him to focus on the "daddy" branches of the government, such as the Justice Department, the intelligence community, or the Pentagon. He might bring some pressure to bear to let them know they were never to investigate any Republican office holders or candidates, and that ordinary crime should be forgiven if done on behalf of the Republican Party or right wing causes. But I would not expect him to use the government's coercive mechanism to rig the election apparatus (at least not to the extent that Trump apparently plans to), or to persecute political rivals and allies who "betray" him.
I would expect a President DeSantis to push for a de facto Republican one-party state and seek as much as possible to use the federal bureaucracy to advance the fortunes of the Republican Party. But I would not expect him to push for a de facto personal dictatorship, or to be a patrimonialist, equating his private business fortunes with the public good.
In short, I would expect DeSantis, or any other Republican President to seek a de facto one party state, but also wish to maintain at least the facade of democracy and the rule of law.
I would expect democracy and the rule of law to mean as much to Trump as, well, to a tape worm.
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*To quote the full account:
President was very agitated by the acting attorney general's response, and to the extent that machines and the technology was being discussed, the acting attorney general said that the DHS, Department of Homeland Security, has expertise in machines, and certifying them, and making sure that the states are operating them properly. And since DHS had been mentioned, the president yelled out to his secretary, get Ken Cuccinelli on the phone. And she did in very short order. Mr. Cuccinelli was on the phone. He was the number two at DHS at the time.
I was on the speakerphone. And the president essentially said, Ken. I'm sitting here with the acting attorney general. He just told me it's your job to seize machines. And you're not doing your job.
**And this can act to their disadvantage as well. I remember as a child when our cat got deworming medicine I asked if the tapeworms might recognize that the drug was bad for them and refuse to partake. The answer -- tapeworms soak up what is there, good or bad. They cannot do otherwise.
***At least for President, Congressional majority, or statewide office or legislative majority in a red or purple state. I do think Republicans are willing to concede Democrats a minority in both houses, control in certain hopeless blue states, and maybe even big city governments in red states. Hence the wish to limit municipal autonomy.
Just by way of quick reminder, Republicans rejected forming a blue ribbon commission to study the insurrection, so the House voted for a 13 member committee with eight members to be chosen by Democratic leader Nancy Pelosi and five by Republican leader Kevin McCarthy. Pelosi then chose seven Democrats, including both impeachment managers, and Liz Cheney. McCarthy chose five Republicans, including Jim Jordan. Pelosi then rejected both Jordan and Jim Banks as inimical the the committee's mission. McCarthy then withdrew all his nominees, so Pelosi appointed Adam Kinzinger as the only other Republican willing to serve.
The result has been -- unusual. Committee hearing do not follow the same rules of evidence as a trial, but traditionally they have been an adversarial process, with partisan divisions and aggressive cross-examination of witnesses by the minority party. (Jim Jordan is particularly notorious in this regard). Committee hearings also tend to involve into preening and posturing, with each committee member asking the witness many of the same questions and being more focused on showing off than eliciting information.
Without those things, the hearings really do seem sometimes not to be "real" committee hearings, with a proper adversarial process, but something more staged and predetermined. Opponents refers to the hearings as a show trial. I think it would be more accurate to call them a documentary. On the one hand, what's wrong with that? Good documentaries can be informative. This is certainly a good documentary. But documentaries do not leave a lot of room for spontaneity, or opposing views.
And so, yes, I saw the committee show a selection of videotaped testimony and wondered if it was deceptively edited. Of course, the entirety of their deposition testimony would have gone on for hours and hours and much of it was presumably deathly dull. And, yes, I can absolutely imagine that Republicans would insist on showing witness testimony in its entirety precisely to bore to audience into tuning them out. Still, the Democrats would have had a majority of 8-5 or at least 7-6 (depending on which way Liz Cheney wanted to go) and should have been able to make some reasonable rules, allowing each party to submit the parts of videotaped depositions it considered genuinely relevant, but not long portions intended solely to confuse and bore.
Even live testimony, if brief, felt staged. Longer testimony had more give and take, more spontaneity, more feeling of reality. But not the real genuineness and spontaneity that goes with hostile cross-examination in an adversarial process. At the same time, "real" hearings can degenerate into round-robins of each committee member asking the same question, speechifying, preening, and posturing. The January 6 Committee avoided this problem by having only one or two members ask questions at each hearing. They could have set the same rule for Republicans -- only one member is allowed to cross examine per hearing. The Democrats took care to give each member a chance to shine, but by all means, let the Republicans decide who to put forward. Whether they wanted to have a difference member cross-examine each time, or to have Jim Jordan ranting and raging each time should be entirely up to them.
There is only one problem here. It presumes that the Republicans are good faith actors with good faith disagreements. It presumes that Republicans are prepared to concede the committee some degree of legitimacy and do not want to destroy it altogether. The evidence rather suggests otherwise. Others have pointed out that Republicans' opportunities to undermine, obstruct, selectively leak, and even pass information on to Trump and his inner circle, would probably have completely sabotaged the Committee.
In other words, good faith Republicans could have contributed to the Committee's mission to get to the bottom of things by challenging them and forcing them to prove everything. Bad faith Republicans could (probably) have sabotaged the committee and made it unworkable. And given the choice between that and a committee that seems just a little too slick, too scripted, and too much like a documentary instead of a committee -- well, I think what we have now is very much the better choice.
Look, I know we are not supposed to pay attention to the personal details at the January 6 Committee hearing, but can we be real? First of all, that is just not how our brains work. The substance of what people say is simply not as memorable as their personal details. Did anyone not watch Michael Luttig and notice that he was t a l k i n g v e r y s l o w l y? Or watch the videos of Eric Herschmann and not get distracted by the painting on his wall and wonder if it was a panda?
So, yes, let me comment on a few personal details.
Michael Luttig talked very slowly. Furthermore, that fact, together with his tendency to speak in vague generalities rather than concrete specifics, created the distinct impression that he had some sort of cognitive impairment. This is not to deny that Luttig is a brilliant legal mind, but he reminded me of an old lawyer I once worked for. His friends assured me that he was once a brilliant legal mind, and I think the old fund of knowledge was still there, but he could not access it at a normal processing speed. Luttig came across either like that, or like someone struggling with aphasia -- the thoughts are there, but he has great difficulty translating them into words. Reading the transcript without hearing Luttig's voice, his words sound learned, but also garbled and also a bit evasive, as if he were having trouble accessing old knowledge. For instance, on the historical precedent of the Vice President's role, Luttig said:
Michael Luttig
I do know what Mr. Eastman was referring to when he said that there was historical precedent for doing so. He was incorrect. There was no historical precedent from the beginning of the founding in 1789 that even as mere historical precedent as distinguished from legal precedent would support the possibility of the Vice President of the United States quote, "Counting alternative electoral slates that had not been officially certified to the Congress pursuant to the Electoral Count Act of 1887." I would be glad to explain that historical precedent if the committee wanted, but it — it would be a digression.and later:
Let me explain very simply, this is what I said would require a digression, that I would be glad to undertake if you wished, in short, if I had been advising the Vice President of the United States on January 6th, and even if then Vice President Jefferson, and even then Vice President John Adams, and even then Vice President Richard Nixon had done exactly what the President of the United States wanted his Vice President to do, I would have laid my body across the road before I would have let the Vice President overturn the 2020 election on the basis of that historical precedent.Some people were impressed by the "lay my body across the road" comment. I, personally, would have preferred to hear what these historical precedents actually were and came away with the suspicion that Luttig was having trouble accessing them. Greg Jacob, the other witness, explained that Thomas Jefferson, presiding as Vice President, accepted the certificate from Georgia despite some small technical flaw that cast no doubt upon the outcome.
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| John Eastman and his lawyer |
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| Shay Moss |
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| Ayres and Tatenhove |