Whereof One Can Speak 🇺🇦

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The War Between the States, Then and Now

In the final paragraphs of Heirs of the Founders, H. W. Brands summarizes the critical years that preceded the Civil War and reminds us — as if we need reminding — of the deep division that remains:

The deaths of Calhoun, Clay and Webster appeared less uncannily timed than the same-day deaths of Jefferson and Adams on the fiftieth anniversary of the Declaration of Independence. Nothing could match that earlier coincidence. But if the passing of the two founders in 1826 had symbolized the end of the first generation of America’s nationhood, the demise of the three senators amid the controversy surrounding the Compromise of 1850 marked the end of the second.

The founders had won freedom for America and created the Union of the states; their heirs had confirmed freedom and guided the Union through four decades of crisis. Neither group felt that its task was complete; American self-government was always a work in progress. Jefferson had shuddered at what the fight over the Missouri Compromise portended; Clay, Calhoun and Webster understood that the Compromise of 1850 might purchase time but guaranteed no final resolution of the struggle between the sections.

In their deaths the country honored the three as it had not always done in their lives. Henry Clay became the first American to lie in state in the Capitol; his funeral train took the long way to Lexington, looping north to Philadelphia and New York before turning west. Hundreds of thousands of mourners lined the route and paid their respects as the black-veiled car rolled by. …

The honors accorded John Calhoun were fittingly sectional. His remains were carried to Richmond; thousands journeyed to the Virginia capitol to pay their respects. Another train took him to Charleston, where thousands more viewed the casket in the city hall. He was interred in a churchyard not far from the harbor.

Daniel Webster, having died in his home, was buried there and required no transport. But half of Massachusetts, it seemed, clogged the railways and roads to Marshfield to acknowledge their debt to the state’s most famous adopted son.…

Americans felt great loss in the aftermath of the three deaths, but the nation required several years to determine just what the loss entailed. The Whig party fell to pieces, deprived of the leadership of Clay and Webster. A successor coalition, taking the name of Jefferson’s party, organized Northern Whigs and free-soil Democrats into a new Republican party, which was explicitly antislavery and effectively anti-Southern. The ghost of Henry Clay shook his head in sorrow, while John Calhoun’s specter nodded grimly at this fulfillment of his prophecy of escalation against the South.

The sectional contest took a bloody turn after Stephen Douglas pushed a bill through Congress repealing the Missouri Compromise, the more swiftly to settle Kansas and Nebraska. John Calhoun’s shade again nodded, this time in approval. Slaveholders poured into Kansas from neighboring Missouri; antislavery activists rushed to counter them. The result was an irregular war between zealots of the two sides. Among the antislavery militants was the charismatically monomaniacal John Brown, who led a band of followers in a brutal murder of several pro-slavery settlers.

While Kansas bled, the federal courts heard a case involving a slave named Dred Scott. The eventual verdict by the Supreme Court confirmed John Calhoun’s judgment that slaveholders could not be barred from taking their slaves into the federal territories. The Missouri Compromise had been unconstitutional all along.

The South celebrated; many in the North despaired. But the South was the side despairing after John Brown and a larger band of antislavery militants staged a raid on the federal arsenal at Harpers Ferry, Virginia, with the aim of inciting a slave rebellion. The mission failed; the rebellion never materialized. Brown was captured, tried and executed. Yet in much of the North he was treated as a martyr, one who did what other abolitionists simply talked about. The South was aghast: a murderer made into a saint? Never had the gulf between North and South yawned wider.

Within weeks of the tenth anniversary of the Compromise of 1850, Abraham Lincoln was elected president on a Republican ticket and a Republican platform. Lincoln received not a single electoral vote from a Southern state. Southerners interpreted the outcome as proof that the federal government was irretrievably in hostile hands. South Carolina finally made good on John Calhoun’s repeated threats to secede. Six other slave states followed. When Lincoln resisted secession and attempted to resupply Fort Sumter in Charleston’s harbor, the Civil War began—within rifle shot of Calhoun’s grave.

In battling the legacy of Calhoun, Lincoln looked to Henry Clay and Daniel Webster. Lincoln had been born in Kentucky while Clay was launching his career; he took notes on Clay’s climb to national prominence as he himself calculated how to advance in the political world. Lincoln called Clay “my beau-ideal of a statesman, the man for whom I fought all my humble life.” When Lincoln learned, in Springfield, Illinois, that Clay had died, he organized a memorial for his hero and insisted on giving the eulogy. “Mr. Clay’s predominant sentiment, from first to last, was a deep devotion to the cause of human liberty, a strong sympathy with the oppressed everywhere and an ardent wish for their elevation,” Lincoln said.

To be sure, Clay had countenanced slavery. “Mr. Clay was the owner of slaves. Cast into life where slavery was already widely spread and deeply seated, he did not perceive … how it could be at once eradicated, without producing a greater evil, even to the cause of human liberty itself.” Yet Clay’s tolerance was nothing more than a temporary nod to reality. “He was ever, on principle and in feeling, opposed to slavery.” Lincoln accepted Clay’s pragmatic belief that progress came in steps. And he endorsed unreservedly Clay’s central conviction that the Union was the prerequisite of all that America had done and could do on behalf of liberty.

Lincoln didn’t know, as he concluded his eulogy for Clay, how aptly his prayer for Clay would become a prayer for himself. “Henry Clay is dead,” Lincoln said. “His long and eventful life is closed. Our country is prosperous and powerful. But could it have been quite all it has been, and is, and is to be, without Henry Clay? Such a man the times have demanded, and such, in the providence of God, was given us….”

Where Henry Clay furnished Lincoln the philosophy of democratic politics, Daniel Webster gave him the words…. He edited Webster’s formulation of democracy—“the people’s government; made for the people; made by the people; and answerable to the people”—into “government of the people, by the people, and for the people.” And when, in the same Gettysburg address, Lincoln tied the fate of liberty, by then including freedom for the slaves, to that of the Union, he echoed Webster’s ringing affirmation: “Liberty and Union, now and forever, one and inseparable!”

The equation of liberty and the Union was the central article of faith of Webster and Clay, and of Lincoln. It was what separated them from John Calhoun, who perceived liberty—for the states, and specifically for slaveholders in the Southern states—as increasingly threatened by the Union. Liberty and Union, said Clay and Webster. Liberty or Union, said Calhoun.

This was what the struggle came down to during the lives of the three. And it was the heart of the struggle they bequeathed to the next generation of Americans. Lincoln and the Union army, at great cost, assured the triumph of Clay and Webster over Calhoun and the Confederacy.

Yet the struggle persisted. Slavery was its most salient aspect at the midpoint of the nineteenth century, but the contest between the states and the national government had hinged on other issues at other times: freedom of speech in 1798, war powers in 1814, the tariff in 1833. So it wasn’t surprising that the struggle outlived slavery. Clay and Webster, with Lincoln’s help, won the argument that the Union must be unbroken, but Calhoun’s insistence on the need for balance between the states and the nation found adherents on matters that ranged, during the next several generations, from civil rights and business regulation to school funding and the environment.

The struggle originated with the founders. It continued with their heirs. It is with us still.

Crime and Punishment

Given the extreme rhetoric Republican politicians and pundits have been spewing this week, it was predictable that somebody from the former president’s cult would try to kill an FBI agent or some other government official. Fortunately, the criminal is the one who died. Does likely violence mean T____ should be left alone? Michelle Cottle of The New York Times answers that question:

It took many accidents, catastrophes, misjudgments and mistakes for D____ T____ to win the presidency in 2016. Two particularly important errors came from James Comey, then the head of the F.B.I., who was excessively worried about what T____’s supporters would think of the resolution of the investigation into Hillary Clinton’s emails.

First, in July 2016, Comey broke protocol to give a news conference in which he criticized Clinton even while announcing that she’d committed no crime. He reportedly did this because he wanted to protect the reputation of the F.B.I. from inevitable right-wing claims that the investigation had been shut down for political reasons.

Then, on Oct. 28, just days before the election, Comey broke protocol again, telling Congress that the Clinton investigation had been reopened because of emails found on the laptop of the former congressman Anthony Weiner. The Justice Department generally discourages filing charges or taking “overt investigative steps” close to an election if they might influence the result. Comey disregarded this because, once again, he dreaded a right-wing freakout once news of the reopened investigation emerged.

“The prospect of oversight hearings, led by restive Republicans investigating an F.B.I. ‘cover-up,’ made everyone uneasy,” The New Yorker reported. In Comey’s memoir, he admitted fearing that concealing the new stage of the investigation — which ended up yielding nothing — would make Clinton, who he assumed would win, seem “illegitimate.” (He didn’t, of course, feel similarly compelled to make public the investigation into T____’s ties to Russia.)

Comey’s attempts to pre-empt a conservative firestorm blew up in his face. He helped put T____ in the White House, where T____ did generational damage to the rule of law and led us to a place where prominent Republicans are calling for abolishing the F.B.I.

This should be a lesson about the futility of shaping law enforcement decisions around the sensitivities of T____’s base. Yet after the F.B.I. executed a search warrant at T____’s beachfront estate this week, some … have questioned the wisdom of subjecting the former president to the normal operation of the law because of the effect it will have on his most febrile admirers.

Andrew Yang, one of the founders of a new centrist third party, tweeted about the “millions of Americans who will see this as unjust persecution.” Damon Linker, usually one of the more sensible centrist thinkers, wrote, “Rather than healing the country’s civic wounds, the effort to punish T____ will only deepen them.”

The Atlantic’s Tim Alberta described feeling “nauseous” watching coverage of the raid. “What we must acknowledge — even those of us who believe T____ has committed crimes, in some cases brazenly so, and deserves full prosecution under the law — is that bringing him to justice could have some awful consequences,” he wrote…. The former president relishes his ability to stir up a mob; it’s part of what makes him so dangerous.

We already know, however, that the failure to bring T____ to justice — for his company’s alleged financial chicanery and his alleged sexual assault, for obstructing Robert Mueller’s special counsel investigation and turning the presidency into a squalid influence-peddling operation, for trying to steal an election and encouraging an insurrection — has been disastrous.

What has strengthened [him] has not been prosecution but impunity, an impunity that some of those who stormed the Capitol thought, erroneously, applied to them as well. [His] mystique is built on his defiance of rules that bind everyone else. He is reportedly motivated to run for president again in part because the office will protect him from prosecution. If we don’t want the presidency to license crime sprees, we should allow presidents to be indicted, not accept some dubious norm that ex-presidents shouldn’t be.

We do not know the scope of the investigation that led a judge to authorize the search of Mar-a-Lago, though it reportedly involves classified documents that T____ failed to turn over to the government even after being subpoenaed. More could be revealed soon: Attorney General Merrick Garland announced on Thursday that the Justice Department had filed to unseal the search warrant.

It should go without saying that T____ and his followers, who howled “Lock her up!” about Clinton, do not believe that it is wrong for the Justice Department to pursue a probe against a presidential contender over the improper handling of classified material. What they believe is that it is wrong to pursue a case against T____, who bonds with his acolytes through a shared sense of aggrieved victimization.

The question is how much deference the rest of us should give to this belief. No doubt, T____’s most inflamed fans might act out in horrifying ways; many are heavily armed and speak lustily about civil war. To let this dictate the workings of justice is to accept an insurrectionists’ veto. The far right is constantly threatening violence if it doesn’t get its way. Does anyone truly believe that giving in to its blackmail will make it less aggressive?

It was T____ himself who signed a law making the removal and retention of classified documents a felony punishable by up to five years in prison. Those who think that it would be too socially disruptive to apply such a statute to him should specify which laws they believe the former president is and is not obliged to obey. And those in charge of enforcing our laws should remember that the caterwauling of the T____ camp is designed to intimidate them and such intimidation helped him become president in the first place.

T____ shouldn’t be prosecuted because of politics, but he also shouldn’t be spared because of them. The only relevant question is whether he committed a crime, not what crimes his devotees might commit if he’s held to account.

Unquote.

There’s a similar situation in Ukraine. Some people say we shouldn’t provoke Putin for fear he’ll do something worse. But allowing him to do whatever he wants in Ukraine won’t make him less dangerous.

The FBI Searches Mar-a-Lago: Point and Counterpoint

It’s happened but not here.

In other democratic countries, political leaders can and do face criminal investigations and trials for their alleged misdeeds. South Korea impeached and tried then-President Park Geun-hye in 2017 and 2018 over corruption allegations, for which she served five years in prison out of a more-than-twenty-year sentence. A French jury convicted former President Nicolas Sarkozy last year on campaign-finance charges, effectively ending his political career. The legal troubles of former Italian Prime Minister Silvio Berlusconi are so extensive that they defy casual description; Wikipedia dedicates an entire article to them with more than two dozen subsections [The New Republic].

To avoid it happening here, the Department of Justice bent way over backwards to give the former president the opportunity to return classified documents that didn’t belong to him. After months of discussions with his lawyers, the former president returned a vanload of documents. Believing the former president hadn’t fully complied, a US Attorney and the FBI convinced a judge to approve a search warrant. The search revealed that there were indeed more documents that should have been returned. Except for the hysterical reaction of right-wing pundits and politicians, that would have been the end of the story unless the former president’s lawyers challenged the search warrant in court or prosecutors decided to pursue the matter. However, in all fairness, there is another view, as this piece from an Australian magazine clearly states: 

We are certainly no fans of D____ T____ – let’s make that clear from the outset. But yesterday’s raid by the FBI on the home of a former president sets a dangerous precedent.

A precedent which now means that anyone who evades taxes, attempts to undermine an election, sexually assaults women, manipulates the value of their assets, uses state resources to enrich themselves or aids and abets the overthrow of a democratically elected government will be subject to investigation.

Is that the world we want to live in? Where anyone accused of insurrection can be subject to questioning from law enforcement officers?

It’s a slippery slope. Before we know it, regular citizens accused of defrauding the government, concealing evidence, manipulating financial documents, tampering with witnesses or perverting the course of justice will also be held to account.

Or to put it another way, if we simply shrug our shoulders and fail to question the actions of the FBI, soon any old Joe Citizen who is suspected of ripping classified government documents into small pieces and flushing them down the toilet will be obliged to answer to law enforcement, as well as their plumber.

If we don’t ask the hard questions about the potential motives of the FBI now, soon any one of us who buries our ex-wife in a small grave at the side of their golf course in order to gain a tax concession will be treated with suspicion.

As T____ supporters put it so clearly yesterday, if this can happen to a President, it could happen to anyone who has committed insurrection, assault or fraud. That’s a chilling thought.

We are on new ground here. As D____ T____ himself made clear, this is the first time a former president’s home has been raided. Proof, if ever we needed it, that the FBI shamefully only targets people who it considers to have committed a crime. Who gave FBI director Chris Wray that authority?

As we made clear earlier, we’re certainly not T____ supporters. But in today’s partisan world, it would be easy to fall into the trap of cheering on the FBI’s actions, without taking a step back to look at the bigger picture. If T____ goes to jail, it opens the door for every lying, corrupt, perverted piece of shit to go to jail too. Is that what we want?

Untitled

Law and Order Comes to Mar-a-Lago (Plus a Knock Knock Joke)

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Sophisticated humor aside, nobody knows what’s going to happen to the 45th president (otherwise known as a dangerous, buffoonish cancer on America). Maybe the DOJ and a DC jury of his peers will finally LOCK HIM UP. Maybe the Fulton County, Georgia, district attorney will get it done. If she does, maybe the governor of George will pardon him. Maybe he’ll run for president from prison, get enough Electoral College help from fascist officials around the country and then pardon himself. Maybe he’ll get probation and agree not to run for political office again. Maybe he’ll abscond to Moscow and run for president from there. Maybe he’ll have a debilitating stroke. Maybe he’ll go straight to Hell. The big questions remain: how is it that a major political party chose this “person” and might easily choose him again?

Amid right-winger calls for elimination of the FBI or immediate civil war, one of my favorite columnists, Paul Waldman of The Washington Post, had a few thoughts on the hysterical Republican reaction to yesterday’s FBI visit [among which I asserted a few italicized ones of my own]:

In his recent speeches, D____ T____ has taken to saying that he is “the most persecuted person in the history of our country.” The millions who lived and died in slavery? Native Americans who endured the Trail of Tears? Sure, they suffered. But did they get kicked off Twitter?

Now that the FBI has executed a search warrant at T____’s Mar-a-Lago Club, the former president can indulge what has become his most important impulse, his driving motivation, his very reason for being: to whine and complain.

The gleeful enthusiasm with which his party has rallied to his defense shows how invested Republicans have become in T____’s personal narrative of oppression, one that is notable for its distance from anything that might affect the lives of the Americans whose votes T____ might soon be seeking again.

Let’s keep in mind one vital fact about the FBI’s action Monday: No one you see commenting on this matter — not the angry members of Congress, TV hosts or the pundits aplenty — knows precisely what crime the bureau is investigating or what evidence was presented to the judge who approved the search warrant [although the ex-president could make the search warrant public if he wanted to].

That hasn’t stopped T____’s defenders from assuming [no, saying, not assuming] that he can’t possibly have done anything that would justify the search. After all, we know how careful he has always been about following rules, particularly with regard to classified information.

… In order to get a warrant, the FBI had to convince a judge that it had probable cause to believe a search would locate evidence of a crime. One would like to think that if T____ had committed crimes, even Republicans would admit that it would be appropriate to investigate.

But the nearly universal [fascist] response has been that the search can only have been politically motivated, despite the fact that no one commenting knows what the FBI was looking for or what it found [Republicans are fond of politicizing the Department of Justice, so figure Democrats do it too].

“I stand with President T____ against this outrageous action of the FBI,” said Sen. Marsha Blackburn (R-Tenn.). “The Biden Admin has fully weaponized DOJ & FBI to target their political enemies,” tweeted Sen. Ted Cruz (R-Tex.). House Minority Leader Kevin McCarthy (R-Calif.) said, “The Department of Justice has reached an intolerable state of weaponized politicization.” On Fox News, the hosts and guests all but lost their minds in rage. Kari Lake, the T____-endorsed GOP nominee for governor of Arizona, thundered in a statement that “We must fire the Federal Government,” whatever that means…..

There’s no question that this was an extraordinary action for the Justice Department to have taken, which is why it’s almost certain that it came after lengthy deliberation and in the belief that a crime (or multiple crimes) had been committed. The department [including the FBI Director nominated by T____] had to be fully aware of the political firestorm that would erupt.

Attorney General Merrick Garland is hardly some kind of hothead, and the other top Justice Department officials likely to have been part of the decision-making aren’t the collection of knaves and buffoons T____ had gathered around himself…. In this Democratic administration, the officials in charge are serious people.

And of course, the reaction of T____’s defenders was going to be political. But the way that they’re making their case shows how profound a hold T____’s cult of personality still has on his party.

… What are Republicans saying to you right now, besides “D____ T____ should be above the law”? [And everything bad in the world is Biden’s fault while he’s had nothing to do with anything good.]

… Some did make a halfhearted effort to link T____’s personal oppression to some hypothetical future oppression you might experience yourself [note that these are House Republicans with a special interest in the proper functioning of the legal system]:

What’s the “it” here? Execute a search warrant approved by a judge to investigate unlawful seizure of classified materials, and perhaps other crimes as well? … The federal government might do that to me or you, but I confess I’m not particularly worried.

This Land Is Ours. We Stole It Fair and Square.

Texas was part of Mexico until American newcomers decided to make it their own country. Whether the new Republic of Texas would join the Union and whether it would be a slave state were much-debated issues until 1845 when Congress agreed to admit Texas as the 18th state. We’d soon be at war with Mexico. (American politics hasn’t totally changed since 1845, although the Democrats eventually switched sides and became less warlike.)

From “Heirs of the Founders: The Epic Rivalry of Henry Clay, John Calhoun and Daniel Webster” by H. W. Brands:

Four months [after Texas joined the Union], James Polk made prophets of Henry Clay and Daniel Webster by commencing a war with Mexico. Polk’s war was a land grab wrapped in self-defense. Texas entered the Union with its southern boundary in dispute. The United States claimed the Rio Grande as the border; Mexico claimed the Rio Nueces, more than a hundred miles to the north. Mexico nominally claimed the rest of Texas as well, never having acknowledged the loss of its rebellious province. But though it responded to the American annexation of Texas by severing relations with the United States, it took no military action to challenge the new regime on its northern frontier. This frustrated Polk.

The president’s expansionist appetite grew with the eating; not content with depriving Mexico of Texas, Polk coveted California as well. He attempted to purchase California, but the Mexican government rebuffed him. Polk then sought a pretext for declaring war on Mexico. He sent troops to the disputed strip between the rivers, hoping to goad the Mexicans to attack.

Weeks went by and the Mexicans refused to take the bait. Polk, more vexed than ever, prepared a war message for Congress, in which he blamed the Mexicans for insults and injuries against American honor and interests. It was a flimsy document, as Polk himself recognized, but he was determined to have California and its Pacific harbors, by whatever means necessary.

Then, just as he was about to transmit his message to Congress, he received news that Mexican troops had finally engaged the Americans. “After reiterated menaces, Mexico has passed the boundary of the United States, has invaded our territory and shed American blood upon the American soil,” Polk told Congress. “War exists, and notwithstanding all our efforts to avoid it, exists by the act of Mexico itself.” For emphasis the president added, “The two nations are now at war.”

John Calhoun begged to differ. Polk wanted Congress simply to endorse his assertion that war existed and give him authority to prosecute it. Calhoun wasn’t going to be stampeded into anything. “The question now submitted to us is one of the gravest character, and the importance of the consequences which may result from it we cannot now determine,” he told the Senate. “The president has announced that there is war; but according to my interpretation, there is no war according to the sense of our Constitution.”

Calhoun didn’t challenge Polk’s account of the attack on American forces. Nor did he question Polk’s authority to resist and repel such attacks. But he distinguished hostilities from war. “It is our sacred duty to make war,” he told his fellow senators, “and it is for us to determine whether war shall be declared. If we have declared war, a state of war exists, and not till then.”

Calhoun succeeded in slowing the rush to war, but not by much. Congress debated the president’s request, with most of the negative comments coming from the Whigs [Polk, like Andrew Jackson, was a Democrat].

Some asked whether Polk had done all he could to avoid armed conflict; their strong implication was that he had not. A few went so far as to charge Polk with provoking the war. “This war was begun by the president,” Garrett Davis, a Kentucky Whig, told the House. Some inquired whether the Mexican attack, if it indeed had occurred as the president said, had been authorized by the Mexican government. Still others rejected Polk’s assertion that the soil on which the blood had been shed was American. Some said flatly that it was Mexican; others remarked that ownership was still in dispute.

But Polk knew the American political mind better than the dissenters did. He understood that the shedding of American blood—under whatever circumstances—created an irresistible impulse toward war. A negative vote could be characterized as an unpatriotic vote, and no lawmaker lightly risked that. The few surviving former Federalists remembered how their party had wrecked on its opposition to the War of 1812. In the end scarcely a dozen Whigs refused the president’s request. John Calhoun haughtily abstained.

Unquote.

Ulysses S. Grant fought in the Mexican War as a young lieutenant. Years later, he called it “one of the most unjust ever waged by a stronger against a weaker nation”.