A High Crime or Misdemeanor If Ever There Was One

Federal law says that a public official (such as the President) who, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value (such as the announcement of a criminal investigation into a prospective political opponent) in return for being influenced in the performance of any official act (such as inviting a foreign leader to the White House or delivering military aid to that foreign leader’s country) is guilty of bribery.

The Constitution says the President, Vice President and all civil officers of the United States shall be removed from office on impeachment for, and conviction of treason, bribery or other high crimes and misdemeanors.

Our president directly, indirectly and secretly demanded something of value to his political campaign in return for performing official actions. That’s one solid reason he should be impeached and removed from office.

It makes no difference that the foreign criminal investigation was never announced and never took place. It makes no difference that the military aid was ultimately delivered (after the president’s corruption was revealed). The president made it clear to his subordinates and his lawyer that he wanted to bribe the president of Ukraine. Attempted bribery, even if discovered in time to be interfered with, counts as bribery.

There are other reasons he should be removed from office, including the fact that a grand jury would have indicted him for obstruction of justice if the Department of Justice had chosen to prosecute, and the fact that he is knowingly receiving “emoluments” (i.e. cash) from foreign governments while in office, something the Constitution forbids. But bribery is the offense the Democrats are investigating and publicizing at the moment.

Representative Adam Schiff, chairman of the House Intelligence Committee, summarized today’s testimony by Ambassador Gordon Sondland in thirteen minutes. It’s worth watching.

Impeachment Clarified

Jennifer Rubin of The Washington Post, a conservative who hasn’t joined the cult, wrote a column called “The Party Of Lying Liars” (which sounds a lot like Al Franken’s 1996 book Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right). Some thoughts from Ms. Rubin:

When listening to [our president] and fellow Republicans throw around accusations against Democrats and the media or advance defenses for [his] impeachable conduct, there is a better than even chance they are misleading, if not downright lying [I’d say the chances are closer to 95%]….

On procedure, they’ve lied about the depositions (routinely used in investigations), claiming they violate “due process” or amount to a “Soviet-style” star chamber. Rep. Elise Stefanik (R-N.Y.) lied in claiming she was prevented from asking questions. [According to the rules, it wasn’t her turn yet.] … Sen. Rand Paul (R-Ky.) falsely claimed not producing the whistleblower violates [the president’s] Sixth Amendment rights [the 6th amendment only applies to criminal defendants, and the president isn’t one of those (yet)]….

At times, Republicans deliberately ignore evidence in front of their eyes. They seem to have settled on the theory that Trump never communicated to [Ukraine president] Zelensky that aid was tied to investigations of Biden, Burisma and [the] crackpot theory that it was Ukraine, not Russia, that interfered in the 2016 election, a theory first suggested by ex-KGB officer Vladimir Putin himself]. Trump, however, raised these items in the phone call (“I would like you to do us a favor though”), as we know from the rough transcription [which he bizarrely claims exonerates him]….

Republicans’ lies are so numerous and obvious that one requires only a minimal amount of fact-checking to see that they lie because they have no truthful factual defenses nor valid constitutional argument. The facts are the facts: Trump conditioned aid to an ally in a war for its sovereignty on production of dirt to smear a political rival. He has refused to allow key witnesses to produce documents or to testify, thereby obstructing Congress. He has sought to intimidate and threaten witnesses including the whistleblower and [Ambassador] Marie Yovanovitch, sending out the message you will be targeted and smeared if you provide evidence against him.

As for the Constitution, we know that “bribery,” enumerated as one of the grounds for impeachment in the parlance of the Framers, includes asking for … personal favors in exchange for political acts [whether or not the favor is granted]. That is precisely what occurred here. Obstruction and witness intimidation are obviously “high crimes.”

House Republicans have become so invested in crackpot theories, bogus procedural complaints and constitutional illiteracy that they will never recognize the president’s wrongdoing. They are as incapable of upholding their oath, which requires impeachment for high crimes and misdemeanors or bribery…. Both [the president] and his House enablers are unfit to serve, since personal and political considerations obliterate their ability to detect the truth and thereby to uphold their public obligations. It would be refreshing if House Republicans simply admitted [the Toddler] violated his oath but they are unwilling to abide by theirs and remove him. The candor would be preferable to the non-stop lying.

It remains an open question as to whether Senate Republicans are willing to ignore and distort reality so as to avoid voting to convict a president of their own party. Unfortunately, we find it highly unlikely that more than a few (if that many) would concede that [the president] and the right-wing echo chamber that protects him have been spinning a web of lies for nearly three years.

Unquote.

Yes, it’s unlikely that enough Senate Republicans will agree to remove him from office –unless they make it a secret ballot. That would give the cowards enough cover to dump him. But it still makes perfect sense to publicize more of the president’s offenses. 

It would also make perfect sense for the House Judiciary committee to write separate articles of impeachment based on the findings of the Mueller investigation and subsequent disclosures. Mueller invited Congress to impeach the president. No president should ever get away with what this one did to obstruct an investigation. But Mueller wasn’t a great witness. If he had delivered his congressional testimony more clearly and more forcefully, the president probably would have been impeached already. There is still time to remind the voters that the Ukraine scandal isn’t the only reason he get rid of him (and allow him to become a criminal defendant).

When You Hear Them Called “Far Left”

Our Republican friends keep saying Democratic presidential candidates represent the “far left”. In the good old days, being part of the “far left” meant you were a communist, or belonged to the Socialist Workers Party, or maybe you planted bombs for the Weather Underground. Today, it means you’re not a rabid Republican.

David Mascriota, writing for Salon, clarifies the matter:

The latest bromide — boring and obfuscating as always — is that mainstream American political figures, most especially presidential candidates Bernie Sanders and Elizabeth Warren, and the four young women in Congress known as “The Squad,” are fringe lunatics arguing on behalf of ideas that they cribbed from the diary of Vladimir Lenin.

Reality is consistently stubborn and subversive toward right wing propaganda. A cursory study of history, or a functional memory, indicates that [they] are merely trying to restore balance to the American experience — a balance that existed in such radical eras of the 1940s and ‘50s. The proposals of Warren and Sanders would make them moderates in most Western European countries…

Although the United States is slow to progress to the status of civilization that residents of counties like Canada, Japan and Australia take for granted, … the social welfare state is not entirely foreign to American life. Similarly, ideas like Medicare for All, public universities with minimal or no tuition, and high tax rates on the wealthy are entirely faithful to the “good old days” that President [Toddler] and his supporters seemingly long to resurrect.

After the creation of Medicaid and Medicare in 1965, the rate of uninsured Americans plummeted below 15 percent. Unsatisfied with the existence of any American without access to quality health care, President Richard Nixon — not exactly [socialist presidential candidate] Eugene Debs — proposed a universal health care program that would have [offered] a buy-in rate closely connected to personal income. The poor would pay no premiums, whereas working class families might pay a marginal fee. Decades before …, President Truman — another militant leftist — proposed a national health care program accessible to all citizens at no cost….

Fox News viewers currently collapsing into convulsions over discussion of the “Green New Deal” and enraged over environmental regulations might want to also contemplate that Richard Nixon signed the Environmental Protection Agency into law. He also signed the Clean Air Act, Clean Water Act, and Endangered Species Act….

The top marginal tax rate during his presidency was 70 percent. When he was vice president to President Dwight Eisenhower, the top marginal rate was 91 percent….[today it’s 37%, but only 20% on capital gains, which mostly accrue to the rich].

Advocates of debt free higher education face accusations of liberal delusion. Rather than the administrators of a hippie commune, Sanders, Warren, and others are as extreme in their ideology as every Republican governor who presided over their respective states and commonwealths, along with their public university systems, in the 1950s, ‘60s, and ‘70s. It was not until the 1980s that college tuition began its upward trajectory toward rates of highway robbery.

Many state colleges in the middle of the 20th century charged no tuition, while many others had fees so low that students could pay semester-by-semester with the wages they earned in part time employment. The overwhelming majority of white male college students after the conclusion of World War II funded their studies with the GI bill, while white veterans who did not attend college used the government subsidy to buy their first homes.

For most of the postwar era, robust labor unions ensured that large amounts of full time workers received adequate pay for their work, using the power of collective bargaining and the threat of the strike to create conditions favorable to blue collar laborers, most of whom were low skilled and without advanced degrees….

The right wing … blusters about how illegal immigration — not corporate greed or the destruction of labor unions — is to blame for the stagnation of wages. They have convinced millions of voters that comprehensive immigration plans that include a “path to citizenship” are treasonous in theory and practice. Ronald Reagan, the patron saint of American conservatism, granted amnesty to three million undocumented immigrants while president of the United States….

The illuminative story of domestic politics is not how the … Democratic Party has drifted off the edge of the “far left,” but that the far right has so thoroughly succeeded in moving the country’s political culture away from the center that the moderate policies of the 1970s now apparently resemble Fidel Castro’s revolutionary agenda.

A more helpful and truthful framework would instruct the electorate that the braver and more creative Democrats are making a valiant effort to return the United States to the more balanced and equitable policies of the past — policies that created the largest middle class in the history of the world. In other words, they are conservatives.

Unquote.

By the way, Senator Warren announced a very detailed transition plan this week that would allow us to get to Medicare For All in four years. The main steps in her plan are to take immediate executive action to fix problems introduced by our current president;  pass “public option” legislation in her first 100 days that would permit all Americans to  join an enhanced version of Medicare if they wanted to (legislation that would only require a simple majority in the Senate); and then enroll everyone in Medicare in her third year, after more people had seen the benefits of Medicare over private insurance. It’s a reasonable plan that offers a plausible path to Medicare For All. CNN has more on her plan here.

I Am Dynamite!: A Life of Friedrich Nietzsche by Sue Prideaux

I’m more interested in Nietzsche’s philosophy than his life, but I visited a famous bookstore this summer and wanted to buy a book. I’m glad I bought this one.

It’s an understatement to say that Nietzsche was quite a character. He was an accomplished scholar who left the academy when he was 35, citing his poor health. He had enough income (partly from his academic pension) to travel about Europe, develop various friendships, propose marriage a couple times, spend lots of time with Richard Wagner and his wife Cosima, do a great deal of hiking, compose music nobody cared for and write philosophy books hardly anyone bought when they were published. He suffered terribly from unspecified ailments and wrote short bursts of text in order to protect his eyesight.

Although Nietzsche was a fairly normal, although brilliant, young man, he became more eccentric as the years passed, until he totally lost his mind at the age of 55. He lived another eleven years, being watched over by his horrible sister, Elisabeth, one of the nastiest people I’ve ever read about. Being a great admirer of Hitler (who admired her in return), Elisabeth used her control of Nietzsche’s writings to give him a reputation as a proto-Nazi, when in fact he wasn’t a German nationalist or anti-Semitic at all. He was a cultured, mild-mannered European with interesting, vividly-expressed ideas about how to live in a world without using religion as a crutch. (This is the positive, revisionist view of Nietzsche that’s become widely accepted among scholars in the last 70 years.)

I Am Dynamite! won a prize in Britain as the best book of 2019. From the prize’s announcement:

… this magnificent biography of a very strange and difficult subject is wonderfully well-written, lucid and clear-headed. It is full of sharp and stylish turns of phrase, it gallops along at an energetic pace, and it is often extremely and surprisingly funny, with a great gift for characterisation….

Friedrich Nietzsche’s work rocked the foundation of Western thinking, and continues to permeate our culture, high and low – yet he is one of history’s most misunderstood philosophers. Sue Prideaux’s myth-shattering book brings readers into the world of a brilliant, eccentric and deeply troubled man, illuminating the events and people that shaped his life and work. I Am Dynamite! is the essential biography for anyone seeking to understand Nietzsche: the philosopher who foresaw – and sought solutions to – our own troubled times.

Not everyone has been so enthusiastic. Brian Leiter, a philosophy professor at the University of Chicago, wrote a review in the Times Literary Supplement (which is mostly behind a paywall):

Prideaux is an especially vivid and engaging writer, who covers the facts of Nietzsche’s life well, although sometimes in soap-operatic detail….If Hollywood were to produce a movie of Nietzsche’s life, this book could provide the blueprint. Hollywood ought, however, to consult some philosophers if the movie is to do better than the book in conveying Nietzsche’s ideas.

Leiter argues briefly that Nietzsche wasn’t skeptical about science — he merely doubted science could teach us how to live. He says Prideaux gives too much importance to Nietzsche’s concept of the Übermensch and too little to his opinion that “human excellence, and the aesthetic pleasure it provided (think Beethoven or Goethe), made life worth living”. Leiter criticizes Prideaux for implying Nietzsche believed the universe has purpose, when he clearly didn’t, and that he was in pursuit of a “universal morality”, which is more debatable. The professor concludes:

Prideaux has the correct sense that Nietzsche is profound; but it is not clear she has much idea why.

I very much enjoyed this biography, but it is not for those wanting to learn something about the philosophy. Prideaux’s discussions of his ideas are at best superficial, at worst wrong.

I think the professor is a bit harsh in his assessment (as professors often are when a non-specialist writes about one of their particular specialties). I Am Dynamite! explains what it was like to be Friedrich Nietzsche and provides an introduction to his distinctive philosophy. If you want to understand more of what he thought, there are plenty of other books and articles to read, many of which feature opinions from experts who don’t always agree with Professor Leiter. As Nietzsche himself would say, his philosophy, as with most everything else in the world, is open to interpretation.

Who We’re Up Against

The [Toddler] Make America Great Again Committee (“TMAGAC”) is a joint fundraising committee composed of Donald J. [Toddler] for President, Inc. (“DJTP”) and the Republican National Committee (“RNC”). I don’t recommend visiting their site.

Last week, a journalist shared one of the committee’s Facebook advertisements. The text reads:

The far left knows that they have NO CHANCE of defeating President [Toddler] in 2020, so they’ve resorted to violence to try to silence the MILLIONS of American Patriots who voted for him.

We need to show radical left that they will NEVER be able to silence us with their violence and their hatred.

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I suppose by “far left” and “radical left” they mean the Democratic Party, not the Communist Party USA or the Socialists Workers. Hatred? You bet. Some hatred is deserved. Violence? Not at all.

This advertisement was paid for by our president’s campaign committee and one of our two major political parties. Facebook let them run it. These are the kind of people we’re up against.