Going All In

Tom Sullivan of Hullabaloo shares a theory:

Not even overwhelming public outcry is likely to move Senate Republicans to waver in support of their Leader, nor from helping cover up his crimes. Last night in a Facebook post, historian Rick Perlstein … offered a theory for why:

Germans who left behind evidence during World War II that they knew … committing war crimes was wrong … were more likely to … commit war crimes. This was because (1) they had passed a point of no return, and (2) the motivation became even more frenzied devotion to “winning” as the state defined it, because they realized that if Germany lost, they would be punished–because, again, they knew they were breaking the law.

…. now that all these Republican “moderates” are on the record advancing what Jerold Nadler correctly call a coverup with their votes again evidence and witnesses, it becomes all the more important for T—-ism to prevail so they never have to face the music for their sins–and they may work with ever greater frenzy to make sure T—-ism never loses. To liberals who think to themselves, “The House managers’ presentation is so airtight and inarguable, surely one of these Republicans will break”: well, the very air-tightness might have the opposite effect. They may commit themselves ever more strongly to the ratchet toward dictatorship. Because if T—- loses, they can now imagine themselves in the figurative dock.

A key difference between Perlstein’s example and ours is Germans had seen punishment after World War I, that is, in recent collective memory. They had reason to fear accountability as a real prospect. Republicans over the last half century, on the other hand, saw Gerald Ford pardon Nixon, Reagan dodge impeachment, and George H.W. Bush pardon six of Reagan’s Iran-Contra co-conspirators.

They saw the administration of George W. Bush lie the country into war and commit war crimes with impunity courtesy, in part, of Barack Obama’s wanting to “look forward,” not back. They witnessed the financial industry bring the world economy to its knees and go unchastened, only to get richer and more powerful courtesy, again, of Barack Obama’s wanting to “look forward,” not back.

Yet, even if they fear no punishment, Republicans may have reached their own “point of no return.”

Meanwhile, … the rich just get richer, nonwhite people get more numerous, and T—-’s base gets more anxious [that] its accustomed social and political dominance will be lost to the multicultural ….

Meanwhile, Sen. Elizabeth Warren has pledged if elected to “investigate corruption during the T—- administration and to hold government officials accountable for illegal activity.” That ought to have at least sent shivers up some spines. Because Warren appears to mean it. First she has to get to the White House.

In justifying his Iran-Contra pardons, Bush argued that the prosecutions amounted to “the criminalization of policy differences.” Expect to hear that phrase again soon. William Barr sits atop Trump’s Department of Justice just as he did under Bush 41. As things sit now, Republicans and the donor class have little reason to fear punishment.

The rest of us had best get busy giving them reason to.

Unquote.

Obvious Crime and Possible Punishment

I still think the Democrats should have impeached the Toddler for obstruction of justice as soon as Robert Mueller delivered his report. Mueller said the president would have been indicted for obstructing the Russia investigation, except that he’s president.

Better late than never though. The two articles of impeachment now before the Senate are supported by so much evidence, it’s only Republican fealty to their Dear Leader that will keep him in the White House. That he abused his power for personal gain, and that he committed a crime in doing so, is obvious, despite his interference with the House’s investigation. That the president has obstructed Congress by not turning over a single subpoenaed document and by ordering everyone and his sister not to testify is as plain as the orange cast of his face.

Impeachment manager Rep. Adam Schiff opened today’s proceedings, speaking for two hours and twenty minutes. He was brilliant:

Jennifer Rubin wonders if some Republican senators were exposed to the evidence for the first time:

Given how firmly some Republican senators are ensconced in the right-wing news bubble, and how determined they are to avoid hearing facts that undercut their partisan views, it is possible many of them are hearing the facts on which impeachment is based for the first time. [Schiff] took them through in meticulous detail the scheme President T—– devised to pressure Ukraine to help him smear former vice president Joe Biden.

Schiff was confronting not only the public but also the Republicans with an indisputable factual account for which T—–’s lawyers have no answer. So how are they to acquit?

… Nope, the claim there is no evidence of a corrupt quid pro quo is unsustainable; in fact, there is overwhelming and uncontradicted evidence. Nope, you do not want to adopt the crackpot theory that abuse of power is not impeachable. Schiff is leaving them no legitimate basis on which to acquit. He mocked [White House Chief of Staff] Mulvaney’s comment that we should just “get over it,” challenging the senators to tell their constituents that none of this mattered.

And that is what the trial is about. It’s about making clear to the entire country that Trump did exactly what he is accused of, but that his own party, suffering from political cowardice and intellectual corruption, do not have the nerve to stop him.

Rubin’s colleague at The Washington Post, Paul Waldman, reminds us how we got here:

President T—– is on trial in the Senate, but so is the entire Republican Party. And 1,300 miles away in Guantanamo there’s another trial taking place, one that implicates the [Grand Old Party] just as much.

In these two trials we can see the complete moral wreckage of their party, and how they’ve carried the country down with them.

What does the trial of a group of alleged terrorists have to do with impeachment? When seen from the perspective not of one president but of what Republicans ask all of us to accept and how they frame their own moral culpability, they are waypoints on the same devolutionary road.

To understand how, we’ll have to briefly revisit one of the darkest chapters in U.S. history, the torture program initiated by the George W. Bush administration as part of its “War on Terror.” After the September 11 attacks, the administration began scooping up suspected members of al-Qaeda all over the world and interrogating them to stop future attacks. Worried that they weren’t getting enough information, they decided that the prisoners should be tortured. The problem was that no one knew how to go about it.

So the CIA hired two psychologists, James Mitchell and Bruce Jessen, to design a torture program. Neither had ever interrogated a prisoner in their lives, but they somehow convinced the government to pay them $81 million to devise a series of techniques they essentially cribbed from a 1950s-era military program meant to teach service members how to survive the kinds of torture American POWs had endured at the hands of China and North Korea during the Korean War.

From the beginning, the Bush administration attempted to minimize what it was doing, portraying it as the gentle application of pressure to encourage prisoners to be more forthcoming. They devised the euphemism “enhanced interrogation” as though it were some kind of sophisticated program….

The truth of what went on was utterly horrific….

The use of torture was a clear violation of both U.S. law and international treaties to which the country is a signatory. So the Bush administration’s lawyers drew up legal opinions with new and bizarre ideas to justify their actions; one such document claimed that if the torture wasn’t so unbearable that the victim went into organ failure, then it wasn’t technically torture….

Mitchell and Jessen are now defending the program in pretrial proceedings in the case against Khalid Sheikh Mohammed and four other al-Qaeda defendants. If you’re wondering why Mohammad is on trial almost 17 years after he was captured, it’s in large part because convicting him in court — where rules still apply — has been complicated by the fact that he was tortured for so long. But as Mitchell said on the stand Tuesday, “We were trying to save American lives.”

So what does this have to do with the Trump impeachment? In the early 2000s, a Republican administration and nearly the entirety of the Republican Party discarded what we assumed was an almost-universal moral position, that torture is wrong. But when they did so, they felt it necessary to clothe their ethical abdication in a combination of euphemism, bogus legal justifications, and fear-mongering.

Consider where we are today. The Republican Party is in a loosely analogous situation: The president of the United States did something awful, and they are attempting to defend it. But this time around, they can barely muster the energy to dress up what he did in a covering of moral argument.

Their defenses of Trump’s behavior are halfhearted at best. Instead, they’re finding the safest harbor in arguing that sure, Trump did what he was accused of, and if you don’t like it, you can shove it….

But here’s a key difference: You can’t argue that Trump’s actions, like Bush’s, were in some way a misguided attempt to save U.S. lives or even serve U.S. interests. The point of Republicans’ final moral descent is to protect Trump himself. And that of course is why he’s being impeached: Not just because he coerced a foreign leader, but because he did so to serve his own personal interests.

Republicans now believe that if T—– can get away with this, then he should get away with this. There are no more principles, not even ones they feel they need to pretend to believe in. There is only [Dear Leader]; he alone is what they serve.

The story of the Republican embrace of torture reminds us that T—– didn’t create the moral vacuum that lies within the [Republican Party]. He exploited it to get elected and counts on it to survive, but it was there before. And their pathetic sycophancy toward him shows that there are absolutely no actions they will not defend, even those done for the worst possible reasons.

As bad as this is, we can choose a different president, a much better president, less than ten months from now. Charles Pierce of Esquire called attention to news very few people noticed on Tuesday [Pierce always adds an asterisk to “administration” and “president”, when referring to T—– and his crowd, for obvious reasons]:

The biggest news about this corrupt administration* was not made in the Senate chamber on Tuesday. It was made out on the campaign trail by Senator Professor [Elizabeth] Warren. From CNBC:

“If we are to move forward to restore public confidence in government and deter future wrongdoing, we cannot simply sweep this corruption under the rug in a new administration,” Warren wrote in [her] plan. The progressive Democrat cited a report by a nonpartisan good government group, Citizens for Responsibility and Ethics in Washington, which found “unprecedented” corruption in the Trump administration, as well as other reports of self-dealing among administration officials and the president’s family members.

“That’s why I will direct the Justice Department to establish a task force to investigate violations by Trump administration officials of federal bribery laws, insider trading laws, and other anti-corruption and public integrity laws, and give that task force independent authority to pursue any substantiated criminal and civil violations,” she said.

Make no mistake. If we ever are going to repair the damage done by this administration*, it is going to have to include a thorough fumigation of every corner of the national executive. The first big mistake made by President Barack Obama was his determination to look forward, and not back. Too many of the criminals working for the last worst president in history skated. Too many Wall Street vandals got away clean. That cannot be allowed to happen again. The corruption of this administration* is unprecedented. It demands this kind of unprecedented response.

…. we might as well look to the future, because the present is too dismal to contemplate.

The House Begins To Present Its Case

This afternoon, members of the House of Representatives submitted a Trial Memorandum “in re [the] impeachment of President D—– J. T—–“. It summarizes the case for the prosecution in the president’s Senate trial. (The president’s lawyers are supposed to submit their response before noon on Monday.)

In theory, all 100 senators will read the prosecution’s memorandum before the trial starts next week. You can read it, even if they don’t (all 111 pages).

There is an eight-page introduction. Here’s how it begins:

President D—– J. T—– used his official powers to pressure a foreign government to interfere in a United States election for his personal political gain, and then attempted to cover up his scheme by obstructing Congress’s investigation into his misconduct. The Constitution provides a remedy when the President commits such serious abuses of his office: impeachment and removal. The Senate must use that remedy now to safeguard the 2020 U.S. election, protect our constitutional form of government, and eliminate the threat that the President poses to America’s national security.

The House adopted two Articles of Impeachment against President T—–: the first for abuse of power, and the second for obstruction of Congress. The evidence overwhelmingly establishes that he is guilty of both. The only remaining question is whether the members of the Senate will accept and carry out the responsibility placed on them by the Framers of our Constitution and their constitutional Oaths.

There follows a section describing the president’s abuse of power (the first article of impeachment), when he illegally delayed military aid to Ukraine in order to get the Ukrainian government to publicize (not necessarily to carry out) a criminal investigation into Joe Biden, one of the Democrats’ leading candidates for president, and Biden’s son:

President T—–’s solicitation of foreign interference in our elections to secure his own political success is precisely why the Framers of our Constitution provided Congress with the power to impeach a corrupt President and remove him from office. One of the Founding generation’s principal fears was that foreign governments would seek to manipulate American elections…. Thomas Jefferson and John Adams warned of “foreign Interference, Intrigue, Influence” and predicted that, “as often as Elections happen, the danger of foreign Influence recurs.”

The Framers therefore would have considered a President’s attempt to corrupt America’s democratic processes by demanding political favors from foreign powers to be a singularly pernicious act. They designed impeachment as the remedy for such misconduct because a President who manipulates U.S. elections to his advantage can avoid being held accountable by the voters through those same elections. And they would have viewed a President’s efforts to encourage foreign election interference as all the more dangerous where, as here, those efforts are part of an ongoing pattern of misconduct for which the President is unrepentant.

Then there is a section concerning the president’s obstruction of Congress (the second article of impeachment), his interference in the House’s investigation of the president’s apparent abuse of power:

President T—– obstructed Congress by undertaking an unprecedented campaign to prevent House Committees from investigating his misconduct. The Constitution entrusts the House with the “sole Power of Impeachment.” The Framers thus ensured what common sense requires—that the House, and not the President, determines the existence, scope, and procedures of an impeachment investigation into the President’s conduct. The House cannot conduct such an investigation effectively if it cannot obtain information from the President or the Executive Branch about the Presidential misconduct it is investigating.

Under our constitutional system of divided powers, a President cannot be permitted to hide his offenses from view by refusing to comply with a Congressional impeachment inquiry and ordering Executive Branch agencies to do the same. That conclusion is particularly important given the Department of Justice’s position that the President cannot be indicted. If the President could both avoid accountability under the criminal laws and preclude an effective impeachment investigation, he would truly be above the law.

But that is what President T—– has attempted to do, and why President T—–’s conduct is the Framers’ worst nightmare. He directed his Administration to defy every subpoena issued in the House’s impeachment investigation. At his direction, the White House, Department of State, Department of Defense, Department of Energy, and Office of Management and Budget (OMB) refused to produce a single document in response to those subpoenas. Several witnesses also followed President T—–’s orders, defying requests for voluntary appearances and lawful subpoenas, and refusing to testify. And President T—–’s interference in the House’s impeachment inquiry was not an isolated incident—it was consistent with his past efforts to obstruct the Special Counsel’s investigation into Russian interference in the 2016 election.

The Introduction ends with a brief summary:

…. The impeachment power is an essential check on the authority of the President, and Congress must exercise this power when the President places his personal and political interests above those of the Nation. President T—– has done exactly that. His misconduct challenges the fundamental principle that Americans should decide American elections, and that a divided system of government, in which no single branch operates without the check and balance of the others, preserves the liberty we all hold dear.

The country is watching to see how the Senate responds. History will judge each Senator’s willingness to rise above partisan differences, view the facts honestly, and defend the Constitution. The outcome of these proceedings will determine whether generations to come will enjoy a safe and secure democracy in which the President is not a king, and in which no one, particularly the President, is above the law.

The House memorandum then goes into greater detail concerning the rationale for impeaching and removing the president. It concludes with 61 pages of “material facts”, i.e. the evidence for his removal.

If D—– J. T—– were simply a mob boss or a corrupt businessman (him? are you kidding?) on trial for bribery or obstruction of justice, and members of the Senate were serving on the jury, each one of them would convict the defendant, D—– J. T—–, without a second thought. That especially holds for the Republicans, who still fancy themselves Congress’s strongest proponents of “law and order”. The prosecution’s case is overwhelming. And the verdict in this trial doesn’t even have to be unanimous! Sixty-seven out of 100 senators can throw the bum out.

But here it’s as if most of the jurors are the defendant’s underlings, fearful of his power and willing to protect him no matter what. The men who wrote the Constitution imagined a corrupt president, but they couldn’t have imagined most of the Senate being corrupt too. They assumed most senators, if not all, would take their oaths to uphold the Constitution quite seriously.

Soon we’ll know if Jefferson and Adams, Hamilton, Franklin and Washington, got the future very, very wrong.

The American Pragmatists by Cheryl Misak

At least the internet doesn’t forget. I finished this book and had a question about the exact title. Right there on the first page of the search results appeared an entry from this very blog. It turns out I read this book in 2018. Who knew?

Let’s see if I agree with myself. (I see I left out a word. Now corrected.)

Well, I was concerned about trying to summarize this book today. I must have felt the same two years ago, since that earlier summary includes a lot of quotation. But I stand by every word (including the one I just added)!

I’ll simply add one thing.

Part of the author’s purpose was to counter the popular understanding among philosophers that pragmatism as a philosophical movement faded away in the 20th century under intense criticism, especially after the death of John Dewey in 1952. Misak shows it’s more accurate to say pragmatism was absorbed rather than replaced. Many of the leading philosophers in the last half of the 20th century (including former members of the Vienna Circle, as well as W. V. Quine, Wilfrid Sellars, Nelson Goodman, Hilary Putnam and Donald Davidson) argued for positions quite compatible with the early pragmatists, especially the views of Charles Sanders Pierce, even though these later philosophers rarely called themselves “pragmatists”. The same holds true for philosophers in this century. It’s the label that has mostly disappeared.

The American Pragmatists is worth reading, but repetitious at times. There are only so many points you can make about a concept like “truth”. But I want to learn more about two philosophers Misak thinks highly of: Clarence Irving Lewis and Hilary Putnam. I’ve got some of their books. I should open them — that’s what a pragmatist would do.

Current Events

Retired Gen. Wesley Clark contrasts the killings of Saudi Arabia’s Osama bin Laden and Iran’s Maj. Gen. Qasem Soleimani:

[Unlike bin Laden] Soleimani was no stateless outlaw. He was a decorated public figure in a nation of more than 80 million people. He was the most renowned of the Iranian generals, hugely popular within Iran — and in Iraq, where supporters of an Iranian-backed militia stormed the U.S. Embassy in Baghdad early this week. If the killing of Soleimani was a response to that attack, it was clearly disproportionate…

… nothing in the 40 years of American struggle with Iran has indicated that it will back down from a military challenge. When [the president] stepped away from the Iran nuclear agreement in 2018 and opted instead to crush Iran with economic sanctions …, the administration should have anticipated a long, difficult struggle….

The conflict enters a new phase now: Reciprocal, escalating military actions are a good bet…

Campaigning in Iowa, Sen. Elizabeth Warren was asked if she would have ordered the attack on Soleimani:

No… Much of this started back when [the president] decided to pull out of the Iranian nuclear deal. Even though the Iranians had been certified as adhering to the terms of the deal. Even though our allies all stayed in the deal and wanted us to stay in the deal. [The president] off on his own, started escalating, escalating, escalating, until now, he has taken us to the edge of war. It is dangerous for the United States and it is dangerous for the world.

Asked about the administration’s claim there was an imminent threat, Warren said “the administration has no credibility in truth telling, either at home or around the world”.

As we wait for Iranian retaliation, Republican politicians and their propaganda machine are offering vague and inconsistent justifications for the president’s decision. Anyone who expresses doubts about the attack is already being accused of “siding with terrorists” or “not supporting the troops”. One crank with a Fox News program says we need to honor our “obligations” to “this leader” who is doing so much for us.

Shortly after it happened, Rukmini Callimachi, a correspondent for The New York Times, reported on the genesis of the attack:

I’ve had a chance to check in with sources, including two US officials who had intelligence briefings after the strike on Suleimani…. According to them, the evidence suggesting there was to be an imminent attack on American targets is “razor thin”.

In fact the evidence … came as three discrete facts: (a) A pattern of travel showing Suleimani was in Syria, Lebanon & Iraq to meet with Shia proxies. (As one source said, that’s just “business as usual” for Suleimani).

More intriguing was (b) information indicating Suleimani sought the Supreme Leader’s approval for an operation. He was told to come to Tehran for consultation and further guidance, suggesting the operation was a big deal – but again this could be anything.

And finally, c) Iran’s increasingly bellicose position towards American interests in Iraq, including the attack that killed a U.S. contractor and the recent protest outside the American embassy.

But, as one source put it, (a) + (b) + (c) is hardly evidence of an imminent attack on American interests that could kill hundreds, as the White House has since claimed. The official describes the reading of the intelligence as an illogical leap.

One official described the planning for the strike as chaotic…. Killing Suleimani was the “far out option”….

Since the strike, Iran has convened its national security chiefs. Chatter intercepted by American intelligence indicates they’re considering a range of options. Cyber-attacks, attacks on oil facilities and American personnel and diplomatic outposts have all been cited so far. But among the “menu options” … were: (1) kidnapping and execution of American citizens. (This might explain why the State Department has ordered the evacuation of all US citizens in Iraq, not just government and embassy employees).

Another is attacks on American diplomatic and military outposts not just in Iraq, Lebanon and Syria, but as far afield as UAE and Bahrain. The official I spoke to was particularly concerned for American troops stationed in Iraq, some of whom are co-located with Shia militias.

… Let me just say the obvious: No one’s trying to downplay Suleimani’s crimes. The question is why now? His whereabouts have been known before. His resume of killing-by-proxy is not a secret. Hard to decouple his killing from the impeachment saga.

It sure is.

The Times published an article partly based on Callimachi’s reporting:

When [the president] chose the option of killing General Suleimani, top military officials, flabbergasted, were immediately alarmed about the prospect of Iranian retaliatory strikes on American troops in the region.

Why anyone with working neurons would present an option to the Toddler that they considered too extreme, assuming he wouldn’t choose it, is a terrific question.

A great way to understand the president’s “thinking” in this instance is to review his Twitter account. From Nancy LeTourneau of The Washington Monthly:

One of the themes that has emerged in [this era of politics] is that “there is a tweet for everything.” It refers to the fact that whenever the president says or does something, there is a tweet from his past demonstrating his hypocrisy. For example, even as the current occupant of the Oval Office has spent twice as much time on a golf course as Obama, [he] regularly complained that his predecessor played too much golf, tweeting about it 27 times from 2011 to 2016.

There is no great mystery about why there is a tweet for everything. Anyone as sociopathic as [him] engages in projection when attacking their opponents. That is because they are incapable of empathy or being able to see another person’s point of view. Absent any other point of reference, they simply project their own reactions onto others. [He] is obviously obsessed with playing golf, so regardless of the facts, he projected that obsession onto Obama.

The assassination of Qassem Soleimani and escalating tensions between the U.S. and Iran led to another moment of “there is a tweet for everything” on Thursday night.

Before the Electoral College screwed us, he repeatedly claimed Obama would start a war in the Middle East in order to insure his re-election:

“@BarackObama will attack Iran in the not too distant future because it will help him win the election,” [he] tweeted on Nov. 14, 2011.

Days later, he said, “Our president will start a war with Iran because he has absolutely no ability to negotiate. He’s weak and he’s ineffective. So the only way he figures that he’s going to get reelected – and as sure as you’re sitting there – is to start a war with Iran,” according to a video posted this week by a Washington Post video editor.

“In order to get elected, @BarackObama will start a war with Iran,” he followed up on Nov. 29, 2011.

Nearly a year later, on Oct. 22, 2012, [he]repeated the same claim, writing, “Don’t let Obama play the Iran card in order to start a war in order to get elected – be careful Republicans!”

In October 2012, [he] also suggested that Obama would “launch a strike in Libya or Iran” because his “poll numbers are in tailspin.”

The president’s poll numbers haven’t gone down (they’ve been consistently negative since 2017), but he is facing re-election and, as the Times correspondent said, there is the impeachment saga. The evidence for his impeachment and removal from office continues to grow. Newly-released emails from the Office of Management and Budget to the Pentagon confirm that the president personally delayed military aid to Ukraine. A judge is allowing one of the president’s shady Ukrainian pals to give the contents of his cellphone to House Democrats. Last week, one of the president’s aides was ordered to obey a House subpoena. And there is a report from a small investigative news site that those mysterious Deutsche Bank loans were underwritten by VTB Bank. VTB is owned by the Russian government (if true, that would certainly explain a lot!).

It should also be noted that Secretary of State Pompeo and Vice President Pence have been pressuring their boss to assassinate Soleiman. Why? Because they think it might lead to something truly wonderful: the end of the world.

Again, from Nancy LeTourneau of The Washington Monthly:

[In July, Pompeo gave a speech] to a group known as Christians United for Israel (CUFI) that was the brainchild of [Texas televangelist] John Hagee… Vice President Mike Pence addressed the same group in 2017.

One of the things Hagee is known for is the elaborate charts he has created to predict the rapture and events leading up to the end times….

What we are witnessing is a secretary of state who is conducting U.S. foreign policy in alignment with Christian Zionism, with the support of the vice president. While neoconservatives like John Bolton have their own twisted logic for wanting regime change in Iran, it is the belief that events in the Middle East align with Biblical prophecy about the end times that motivates Christian Zionists like Pompeo, Pence, and Hagee.

…. Rising tensions in the Middle East are a feature, not a bug, for these folks. That’s because all of this was prophesied thousands of years ago as a prelude to the rapture. In other words, they welcome the escalation.

Enough said.