Friday, October 25, 2024

Veteran cop Michael Fanone fears for democracy, rule of law

What some call a protest and others call an insurrection at the U.S. Capitol on Jan. 6, 2021, catapulted several Americans into the limelight: Stewart Rhodes, 55, Texas-based founder of the far-right Oath Keepers militia who sought to spur President Trump to invoke the Insurrection Act and was convicted of seditious conspiracy; QAnon shaman Jacob Chansley, 34, whose horned fur hat, bare chest and red, white and blue face paint made him the most recognizable of the mob; QAnon-inspired Air Force veteran Ashli Babbitt, 35, whose anti-government fervor climaxed when she was shot out of a bashed-out window frame leading to the House of Representatives; U.S. Capitol Police Officer Brian Sicknick, who died of complications that included vigorous struggles with Trump supporters; Trump supporter and Marine veteran Ray Epps, the sixtyish former Arizona resident driven into hiding in the American West by conspiracy theories and death threats by pro-Trump fanatics wrongly claiming he was a government agent assigned to incite otherwise peaceful Trump protesters to violence; gregarious Cowboys for Trump figurehead Couy Griffin, 47, the New Mexico politician and cowboy pastor who led the mob in prayer, then reveled in the mob's violence against police defending the Capitol and later found himself a test case for the 14th Amendment's key provision booting from office Americans who rebel against the U.S. Constitution; and, perhaps most notably of all, Metropolitan D.C. Police Officer Michael Fanone, a law enforcement officer since the 9/11 terrorist attacks who during the January 6 violence was pulled by insurrectionists from the police line defending the Capitol’s Lower West Terrace, tased till he suffered a heart attack and beaten with a Blue Lives Matter flag as shouts to kill him with his own gun rang out. Fanone famously testified about the mob attack before the U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol on July 27, 2021. Author of “Hold the Line: The Insurrection and One Cop's Battle for America's Soul,” Fanone, 44 and now retired after a career that saw him participate in more than 2,000 arrests for violent crimes and narcotics trafficking, recently concluded months of touring the American Midwest on behalf of Courage for America, talking about the Make America Great Again movement’s threat to American democracy, the Constitution and the rule of law. He spoke with retired Waco Tribune-Herald opinion editor Bill Whitaker. A shorter version of this Q&A appeared in the Oct. 27 edition of the Waco Tribune-Herald.

Q   What’s the most encouraging encounter you’ve had in your travels – and most discouraging?

A   I was discouraged and continue to be discouraged to this very day. I was there on January 6 and I experienced the violence first-hand, and the fact so many Americans are willing to support a presidential candidate who would inspire that kind of violence, and not just that day – I mean, the former president continues to use the same rhetoric and espouse the same lies. I hate the term “double-down,” but he has allied himself with those who stormed the Capitol and attacked police officers on January 6. I mean, in so many words, at a recent event, he said “we” referring to those individuals who attacked the Capitol – “we didn’t have guns, the other side had guns,” meaning law enforcement. [EDITOR’S NOTE: Fanone refers to Trump’s answer at a Univision presidential town hall in which he was challenged by skeptical 56-year-old Florida construction worker and former Trump supporter Ramiro Gonzales about Trump’s rhetoric and presidential inaction during the January 6 violence.] How as an American do you support a person who clearly supports violent assaults not just on law enforcement but on fellow Americans? If you just take policy out of the equation, this guy is evil. Everything he stands for is anti-American – I mean, [just consider the idea of] using the military against American citizens [which Trump repeatedly espouses].

As an American and someone who dedicated 20 years of my life to law enforcement, I think we’ve failed. Whatever the outcome of the upcoming election, I think we’ve lost. I think we’ve lost something that my generation will never get back. I hope my children can make America great again because it ain’t. Our institutions have failed us. The fact that Donald Trump is a candidate is a failure of our democracy, the fact we can’t seem to hold him accountable for his criminal acts is a failure of our democracy. Because of the Supreme Court, regardless of whoever becomes the next president of the United States, that president will enjoy levels of immunity that I believe – again as a career law enforcement officer – were never intended for any American citizen, president or not. And so it’s terrifying that we should have to concern ourselves with, you know, if this person holds office, they will have the ability to summon SEAL Team 6 to assassinate a political rival, to use one example.

Q   As discussed by Supreme Court Justice Sonia Sotomayor in Trump v. United States this year.

A   Right. Now I’ve got to worry about whether this president may do that. I think we know what the answer is with Donald Trump. This is a person who inspires violence with his words every single day and does it intentionally.

Q   What is the most encouraging encounter you had during your travels?

A   I met a lot of people similar to me in that they had been adversely affected by some aspect of the former president’s administration and decided, “I’m going to get involved, I’m going to say something.” Many weren’t as fortunate as me in having this national and sometimes international platform, but they still decided to get involved. I think that’s what we need, more involvement, less sitting on the sidelines. That’s the most discouraging thing that I encounter, both from my trip and every single day – people just don’t give a s--t. I mean, most of the scheduled interactions were with people who were like-minded or at least were there to hear me describe the events of January 6 and were receptive. The one thing that worried me is I visited a number of colleges and spoke with students and they had at best what I would describe as a limited understanding of what took place on January 6, less so than the average person – just a general disinterest in that whole event.

Q   Are they not reading or watching the news?

A   I’ve always been disillusioned with politics. I think that’s about as American as apple pie. That said, I always vote. I pay attention to who the candidates are. I took civics, so I understand my part to play in democracy in this country. A lot of these kids I spoke with were disillusioned. Their lives hadn’t even started yet and they didn’t see how January 6 affected them or their issues. I tried to explain to them like, “Hey, listen, whatever your issue is” – like a lot of kids seem to be very invested in what’s happening in Gaza with the Palestinians and Israel. But in a democracy, you have an ability to influence and advocate for your position. Under an authoritarian regime, you just do whatever the f--k leadership tells you to do. And so whether your issue is abortion or the Middle East or whatever, to me the decision is easy in that you vote for the person, at least in this election, that’s going to provide you with the ability to advocate for your position and have your voice be heard.

Q   A neighbor, a retired attorney who knows I long voted mostly Republican, suggests I need to "get past" January 6 and vote Republican again. He acknowledges he would prefer another Republican, almost any other Republican, besides Donald Trump on the 2024 ballot but says I need to return to the fold rather than voting for someone whom he reckons is a "socialist." How do I respond?

A   The idea of being an entrenched Republican or an entrenched Democrat for the average citizen just seems ridiculous. Labels are for politicians. Political parties are for politicians. What’s more American than being a free-thinking, independent human being? I mean, that’s what this country is all about. As a free-thinking, independent person, you force these parties to align themselves more with the majority of us rather than allowing them to do what has now happened to the Republican Party in taking all these extremist positions and knowing full well there are going to be those out there who despise Donald Trump, think he’s a horrible presidential candidate, but will still vote for him because he has availed himself of the Republican label. I too have primarily voted Republican. But for me being a Republican and being conservative was about limited government and conservative spending. I don’t know where Donald Trump fits into that. He seems to be the polar opposite.

Q   In your memoirs and interviews, you've acknowledged you voted for Donald Trump in 2016. Has that vote given you any special insight into those with whom you struggled on the Sixth of January?

A   I tell people all the time: I was a career law enforcement officer, I was a cop. I was a cop during the post-2015 period when we saw all these polarizing incidents involving law enforcement officers and interactions primarily with communities of color. A lot of rhetoric was used specifically by people on the left that I found to be unproductive and unhelpful in that conversation and hence inspired violence against police officers. I went to the funerals of officers in Dallas and New York and elsewhere. It is not an outrageous statement to say that law enforcement was targeted and, you know, I’m the first person to tell you that police officers are not above reproach. Reforms are certainly needed in law enforcement. That said, the way we were being portrayed by some people in the media and elected officials was dangerous, just as dangerous as the way Donald Trump refers to the “enemy within” [referring to U.S. citizens with whom he politically disagrees] or the rhetoric he used to inspire people to storm the Capitol on January 6. Political violence from either side is wrong.

Q   Let me then ask a painful question. Last month Patrick Yoes, national president of the Fraternal Order of Police, announced that members of the Fraternal Order of Police voted to endorse Trump for president: “Public safety and border security will be important issues in the last months of this campaign. Our members carefully considered the positions of the candidates on the issues and there was no doubt – zero doubt – as to who they want as our president for the next four years: Donald J. Trump.” I don't understand how any police officer watching a mob arguably incited by a president who then did nothing for three hours while scores of police officers including you were brutalized at the U.S. Capitol could then turn around and vote for, let alone endorse, Trump. What am I missing here about police officers in general?

A   First, it’s important to recognize that I was an FOP member for 20 years. Membership in the FOP is huge because every police officer automatically joins the FOP once they become a police officer, so if your department is represented by the FOP, your membership is automatic. Your dues are deducted from your paycheck automatically.

Q   Like many unions.

A   Exactly. But membership versus active participation are two completely different things. What Pat Yoes is saying is, “I’m just representing the membership, the membership tells me what to do, and I’m telling you what the membership says.” I [have accepted] in my mind that the vast majority of police officers support Donald Trump, FOP members. That said, I’m not aware of any vote that took place and, if it was, if it is in line with the typical FOP votes that took place in which I participated, then actual participation is less than 10 percent. We would have union elections – we have 3,600 officers, union members, in the [MPD] department and we might get 500 people to turn out to vote in those elections. So Pat Yoes is telling you what Pat Yoes wants. Pat Yoes has been an avid Trump supporter going back to the 2015-2016 campaign.

Q   Granted, but there remains a sense of this regarding law enforcement in general. When Trump flies into some town for a rally, he always gets his picture taken next to a bunch of local police officers near Trump Force One. Is this just testosterone at work or something?

A   That’s part of it. You have that aspect of it, this machismo that he portrays. I think the other aspect is there’s a lot of police officers who are still pissed off at Democrats about language that was used in the post-Michael Brown world [involving an unarmed 18-year-old African American shot and killed by a white police officer in Ferguson, Missouri]. And, listen, if you source your news from Fox News, Breitbart, One America, etcetera, etcetera, you don’t know the reality of January 6. Quite frankly, enough has been done by right-wing media to portray officers like myself as some kind of liberal, lefty pussies that they can just discard and say, “Well, they’re not like us.” These are all arguments I’ve encountered in my interacting with police officers from all over the country. Now, what’s most concerning to me is that a lot of the language that Trump uses when he talks about, you know, going into communities and suspending the Constitution and bringing the military in and, “Well, we’re gonna handle it” – that’s appealing to a lot of cops. I spent the better part of my career looking at the Constitution almost as an impediment to me being able to do my job. You know, my job was to put the bad guys behind bars and this goddam document, the Constitution, is getting in my f--king way. That’s how cops think. That’s how I thought until, you know, probably the last five or six years of my career. So when Trump comes along and says this, they don’t think, “Oh, if he suspends the Constitution, that could directly affect me or one of my family members.” They look at it as, “This is what we need, somebody who is not afraid to take away the rights of communities that are plaguing us with violence.” And then, to a lesser extent, there are other things like racism, thoughts similar to that, that are baked in.

Q   Were any U.S. Capitol Police officers or Metropolitan Police officers sympathetic to the Trump mob after January 6? I assume that’s an impossibility.

A   A lot of them!

Q   You’re kidding!

A   Many.

Q   How could they ever rationalize that?

A   First off, police officers are just a microcosm of our society. They’re susceptible to the same – I had a conversation a few years back with a sergeant who told me that the whole thing was a f--king setup, that it was antifa dressed as Trump supporters. And this woman was there! She was at the Capitol! I mean, there are some people who just want to believe that so badly. And the other thing is that they say 800 Metropolitan police officers went to the Capitol on January 6. Well, that’s the grand total over the entire day. I will say that maybe 250 D.C. police officers and maybe a few hundred Capitol police officers were actually engaged in some type of hand-to-hand fighting, so the people who really witnessed the brutality were just a small portion. And, I mean, you’d be shocked – I don’t know the statistics, I probably should, of how many of those individuals just left the police department [after January 6]. I’d say probably close to a third. Many of them sustained injuries that were career-ending. [EDITOR’S NOTE: Capitol Police Chief Thomas Manger told a Senate panel in January 2022 that more than 150 officers had retired or resigned in the year after the attack. In resigning from the MPD in December 2021 and assuming a position as a CNN contributor on law enforcement issues, Fanone acknowledged bitter differences of opinion with some fellow officers on the MPD force: “Clearly there are some members of our department who feel their oath is to Donald Trump and not to the Constitution. I no longer felt like I could trust my fellow officers and decided it was time to make a change.”]

Q   I notice in your biography you became a police officer after the 9/11 terrorist attacks. I mean, I live here in what used to be called “Bush Country” – President Bush has a ranch just 20 miles outside of town – but how should we view Sept. 11 and January 6? Are they two sides of the same coin or am completely wrong?

A   There’s a lot of people who believe September 11 was a terrorist attack committed by an outside foreign adversary against the United States and who believe January 6 was a protest in which American patriots participated. I mean, look at all the members of the military, military veterans and whatnot, who were there on the Capitol steps, attacking law enforcement officers. [EDITOR’S NOTE: The nonprofit Vet Voice Foundation states nearly one in five of those charged in connection with the January 6 riot had a military background.]

Q   I’ve never understood the involvement of veterans in the mob that attacked the Capitol, nor veterans who support Trump’s reelection in 2024. These guys are supposed to take an oath to the U.S. Constitution. Some veterans claim that oath endures even after active-duty service.

A   Listen, I took a lot of oaths in my career. I never thought about any of it till I decided to testify about January 6 before the Select Committee. I went back and looked at my police department folders and a laminated card that has the oath you take “to uphold and defend the Constitution.” I read it. You know, my department did not want me to testify at the congressional hearing. They were vehemently opposed to it. And so, I said, “No. I’m a law enforcement officer, I’ve been asked to testify about something that occurred in the commission of my responsibilities as a law enforcement officer, and I’m going to testify about it.”

Q   Why would they object?

A   I think they just saw it as something political and they didn’t want to get involved. I mean, there was no f--king ticker-tape parade for the DC police. It was kind of like, “Yeah, that’s what happened yesterday at work.”

Q    There was a lot of angst immediately after January 6 here in Waco. Our Republican congressman, Pete Sessions, only hours after being sworn into office on Jan. 3, posed for a picture with “Stop the Steal” protesters outside the U.S. Capitol and posted it on his Facebook page. He deleted it shortly after the insurrection and said the courts should handle the cases rather than Congress conducting a formal inquiry. However, he continues to press various claims of voting irregularities.

A   Lies are a huge part of the problem. In this country where we have free speech, our politicians are afforded a wider berth than most of us. These are people who, just by their position, are supposed to be people that we can place trust in to carry a level of credibility. Yet they’re blatantly lying to us. And those lies, going back to January 6 – I mean, this wasn’t me and you at the bar and I’d had one too many drinks and I was like, “You know, Bill, that election was stolen!” No, it was the president of the United States. The president was telling people this and members of Congress, other elected officials, county sheriffs, are still telling people this to this day. It’s dangerous enough to be telling people the election was stolen when it wasn’t, but then to be telling them: “Listen, we may need to arm ourselves in preparation because they’re going to do it again!”

Q   There are reminders of January 6 all over the place during this election, nearly four years later. I mean, the Republican running for reelection to the U.S. Senate here in Texas is Ted Cruz, who many regard as one of the ringleaders of the scheme to invalidate the votes of millions of U.S. citizens in battleground states. All this is going to continue to haunt our politics for a long time.

A   Oh, yes. Even if Trump goes away, this movement, whatever you want to call it, I don’t think it’s going away for a really long time.

Q   I notice that, while you voted for Trump in 2016, you began to part ways with Trump after he took office, including over his decision to fire FBI director James Comey.

A   That certainly played a part in it. I have a very good relationship with my former chief, Robert Contee. But I was the first person to tell him, “You know, you got a little politician in you.” I hate when law enforcement plays politics or even participates, but I recognize in this day and age it’s almost impossible not to. But I really hate it when elected leaders [manipulate] people in leadership positions in law enforcement. Let law enforcement be impartial. And I saw that [President Trump’s terminating the lead official in a criminal investigation into whether Trump advisers colluded with the Russian government to impact the outcome of the 2016 presidential election] as really an attack on not only James Comey but the impartiality of law enforcement. It’s exactly what I didn’t want. I mean, it was like all these things [Trump] said to me in the moment are like, “Oh, this guy is just as full of s--t as everyone else.”

Q   Some of us today see retired Capitol Police Sgt. Aquilino Gonell; Daniel Hodges of the Washington, D.C., Metropolitan Police Department; former Capitol Police Pfc. Harry Dunn; and you, as a retired Metropolitan Police officer and a Capitol police officer before that, as iconic law enforcement officers upholding American norms, values and traditions. For me, this comes from your jointly testifying before the U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol. You've acknowledged that you didn't originally go to the Capitol on January 6 as a defender of democracy but to help fellow officers under overwhelming attack by Trump supporters. What helped you put all this together into a greater vision about the fragility of democracy?

A   I went to all of the Select Committee’s public hearings. I didn’t fully comprehend my part to play in all this when I testified at the first hearing. It wasn’t until I sat through and listened to witness after witness, most drawn from the former president’s administration, talking about his efforts and the efforts of his supporters within the administration and some of them outside the administration to thwart democracy. It was during that period that I recognized how serious this effort had been. I tell people all the time: If you had asked me on January 7, do I think Donald Trump is morally and ethically responsible for the violence of January 6, I would have told you, unequivocally, yes. If you had asked me on January 7 if he was criminally responsible, I would have said I don’t know. But having sat through the Select Committee hearings, I am now convinced that Donald Trump broke many, many, many laws.

Q   My broad stretch of Texas witnessed at least three individuals convicted for January 6 crimes: One was a low-key, 39-year-old winemaker, Air Force veteran, former teacher and father of three who didn't even plan on going to the “Stop the Steal” rally till a buddy talked him into it 12 hours before the rally. He’s serving nearly seven years in prison because he unwittingly contributed to events that led to the shooting death of fellow protester Ashli Babbitt outside the Speaker’s Lobby. A second individual, a 57-year-old former rodeo bull rider, argued his innocence before District Judge Tanya Chutkan by saying that police more or less waved him into the Capitol, even though he witnessed all the violence by others beforehand. He became utterly immersed in social-media conspiracy theories and apocalyptic scenarios via a website he helped create that takes its inspiration from the Whiskey Rebellion of the 1790s. And there’s Stewart Rhodes, the former attorney and convicted seditionist who at age 55 coordinated the Oath Keepers in attacking the Capitol but subsequently claimed he never meant for his militia members to actually enter the Capitol. At the risk of a long answer, how do you profile the Americans we saw on our television sets on January 6? Seems like the unwitting and the defiant to me.

A   It runs the gamut. If you take the individuals who assaulted me, most of them were, for lack of a better term, down-on-their-luck. Some were career criminals, people who had convictions for everything from drug trafficking to drug possession to failure to pay child support to domestic violence, other assault charges.

Q   Going through court records, some of these people seemed to me to be down-on-their-luck ne’er-do-wells.

A   Yes, and those are the type of people that typically fall into these traps. If you were profiling a gang member, that is typically what you would find. That’s how these organized efforts recruit people. They look for people just like that and I don’t think MAGA is any different. They look for people who don’t have very much to lose. Now, there are also people who are middle class and never got so much as a parking ticket. I mean, listen, Donald Trump at the time was the president of the United States and he is telling his supporters that the election was stolen, that he won the election and then it was stolen and, in saying that, it’s not just stolen from him, it’s stolen from them. Obviously there was a lot of people who were going to feel as though they had no other recourse than to go to the Capitol. Now there was an organized effort that day and then there were people who just got swept up in the mob.

Q   Only last week, a Texan named Dana Jean Bell, a 66-year-old grandmother who has never gotten so much as a speeding ticket from what I can tell from court records, was sentenced to 17 months – almost a year and a half – in federal prison for her activities on January 6. According to prosecutors, she "belligerently pushed, grabbed and verbally attacked countless U.S. Capitol Police and Metropolitan Police Department officers who were attempting to clear rioters from inside the United States Capitol Building." She now claims President Trump “duped” her. What is your reaction to this sort of defense, which we've seen often?

A   Listen, you’re responsible for your own actions. Being “duped” or being stupid is not a criminal defense. At the end of the day, she’s got to be accountable for the things she did on January 6, just like everyone else. That being said, in my mind it’s not an argument for her avoiding accountability, it’s an argument for why we need to hold Donald Trump accountable.

Q   Right. But take this old bull rider I was talking about. He claims he was waved into the Capitol by police. Of course, this guy lives online and is immersed in imagined civil wars and fantastic crusades of righteousness with maidens and swords and such and, well, he’s got a following of similarly disposed online warriors all over the nation. He spent several months in prison, but he’s out now and I can’t see that he’s learned a thing behind bars.

A   Listen, I’ve got a cynical view of jail and prison, but for me the criminal justice system was designed for accountability, to hold people accountable for criminal actions. If he wants to go or any of these individuals want to go [to prison], whatever their sentences, and they’re somehow convinced that what they did is wrong, then that’s great. If they’re not, I don’t care as long as the next time they commit a crime, they are held accountable again. At the end of the day, I have no control. There’s no way for me to convince somebody that tells me that I was not a police officer on January 6, that I am an FBI plant and that this whole thing was just created to somehow disparage the former president. I can’t argue with that and, quite frankly, I don’t give a s--t to [do so]. If that’s what you want to think, you can think it all day long. It’s a free country. To me, once you cross that line and your thoughts inspire criminal activity, then you need to be held accountable and those penalties need to reflect the significance of your actions and I think that’s what we’re seeing when we see some of these stiffer penalties for individuals who were in the Capitol committing crimes on January 6.

Q   You have testified in trials and sentencings of January 6 defendants. Does one courtroom event stand out in memory?

A   Because of my higher profile, mine are typically attended by a lot of nutballs and conspiracy theorists, so there have been contentious interactions. I’ve had at least two encounters where the judge ordered marshals to clear the courtroom of everyone but me. I’ve sat in front of defendants who threw themselves on the mercy of the court, apologized for everything and then, when handed down their sentences and I walked out, the mother of the defendant called me a “piece of s--t” and said I was going to rot in hell. Danny Rodriguez, the guy who tased me in the neck [on January 6], begged – begged – for the court’s mercy, told everyone he had been duped, and the moment the gavel came down and his sentence had been handed down and there was nothing else the judge could do to him, yelled out “Trump won!” as he was dragged from the courtroom. [EDITOR’S NOTE: During 40-year-old Daniel “DJ Rodriguez’s June 21, 2023, sentencing, U.S. District Judge Amy Berman Jackson in imposing a 151-month sentence labeled Rodriguez a “one-man army of hate, attacking police officers and destroying property” on January 6.] There are some people who have gone down deep, dark rabbit holes that will never come back. When people describe it as a cult – well, there are certainly Americans who are susceptible to, you know, those types of conspiratorial thoughts. Many of them have joined the MAGA bandwagon. I mean, I couldn’t imagine receiving 12 years in prison for having participated in a riot inspired by the former president – I mean, by Danny Rodriguez’s own admission, he said: “The president told me to come here. I did this for Donald Trump.” And now he’s going to prison for twelve and a half years. I mean, that guy’s life is over. And yet he is still a diehard supporter of the former president.

Q   Given your respect for American democracy, is there any election or law enforcement reform you recommend?

A   Listen, I am not by any stretch of the imagination a legal scholar. I’m not a f--king scholar of anything. I have a GED. That said, all this January 6 election denialism has exposed pretty significant loopholes in our democracy. The Supreme Court recently ruled [to narrow] one of the charges the Department of Justice had been using for individuals who participated in the riot inside the Capitol – “obstruction of an official proceeding.” I think that law certainly needs to be amended so it is unambiguous, that if you participate in an act of violence with the intention of affecting an election, a hearing, whatever the case may be, you need to be charged with that. The Department of Justice needs to be able to level that charge. [EDITOR’S NOTE: The Supreme Court in June’s Fischer v. United States tightly limited the scope of a federal obstruction-of-justice statute, offering a legal loophole to at least some rioters who assaulted police officers, broke doors and windows and forced members of Congress to abandon certification of the 2020 presidential election.]  And, I mean, I don’t know how we go forward as a democracy when we know the president of the United States is above the law. That certainly needs to be addressed. There’s a lot of great leaders in this country, really good people, yet a lot of them get corrupted by power. I certainly don’t trust anyone with immunity at that level of government.

Q   Have you received any specific reaction from MAGA for your championship of democracy?

A   I don’t know I would call myself a champion of democracy. I’m just a guy who experienced something and is trying to set things right. That said, the death threats stand out, the harassment, you know, of me and my family that continues to this very day – having people talk about you online, talk about seeing you hung. Listen, I was a cop for 20 years. People had some pretty unpleasant things to say about me, but the difference was I could count them on my fingers and toes. Now all of a sudden people who have never met me, don’t know anything about my wife, don’t know anything about me, have some pretty demented things to say and it’s not just the keyboard warriors. The other day I was in the self-checkout line in a grocery store and this older woman comes up to me and – I’m not going to lie, normally I’m pretty standoffish – but, well, I just assumed this little old lady was going to come up and thank me for my service. Nope, she spit in my face and told me she hopes I’m hung. That’s just an example.

Q   Well, I guess there’s no point in asking you about former President Trump’s recent insistence that January 6 was a “day of love.”

A   Yeah, Trump’s been calling it a “day of love” for three and a half years. January 6 was nothing other than a violent assault on law enforcement officers and an assault on our democracy and it was inspired by Donald Trump’s lies that the 2020 election was stolen.

Q   Where will you be on Jan. 6, 2025?

A   Maybe in front of a military tribunal being tried for treason! I don’t know. I would hope that if things work out for democracy and Donald Trump is not the next president of the United States, I would like to be in the Lower West Terrace tunnel with the U.S. Capitol Police watching the Architect of the Capitol install the plaque honoring the police officers who fought there that day. It was supposed to have been f--king installed two years ago.

Q   How has all this changed your personal life? I mean, I assume there’s people with whom you are no longer friends, though you’ve possibly made new friends.

A   My world got really, really, really big and then it contracted, got smaller than it has ever been. One minute I could pick up the phone and call a lot of politicians and I was on TV all the time talking about different issues and then all of a sudden it was gone. I think people had just given up. Fifty percent of this country just wants to forget January 6; 45 percent of the country has moved on because they don’t see accountability as something that is attainable; and then there is 5 percent of people who were there, people in journalism and others who recognize the significance of that day and are trying to keep the public’s attention on what happened. But I feel like I’m fighting a losing battle.

Q   Is there anyone or anything that gives you hope? I mean, you’ve suggested that, no matter what happens on Election Day, we have lost something in America we may never be able to recover.

A   Today I was at the gym having a conversation with a guy that I see pretty regularly. I live in Haymarket, Virginia, which I would imagine has pretty similar demographics to Waco, Texas. And, you know, this is Trump country and this guy knows exactly who I am and we talk from time to time. And one day he said, “You know, I’m ready for this goddam election to be over.” And I know he’s voting for Trump, but it’s like, “Hey, you know, you and I are old enough to remember there used to be a time in this country where we talked about politics during election season and then afterward this s--t just disappeared like it was not on anybody’s consciousness.” Yet it’s now infected everything. Like, now I hate the f--king [Kansas City] Chiefs, but I got to watch football and I hear about Patrick Mahomes’ wife is a Trump supporter and Taylor Swift isn’t and is a Kamala Harris supporter. I mean, there’s no escaping all this. Maybe that should be a f--king law. You can talk about elections only during election season. And after that I don’t want to see any f--king signs, I don’t want to hear anything about it, nothing. But I don’t know if we can ever get back to that community that we had, at least in this generation.

Interview edited for clarity by Bill Whitaker. A condensed version of this Oct. 21, 2024, interview was published in the Oct. 26 edition of the Waco Tribune-Herald.

Tuesday, October 22, 2024

Bush riding lonesome into the sunset

 


On Oct. 10, after weeks of former President Trump riling up crowds and dominating news cycles with lies about legal Haitian-born immigrants eating neighbors’ pets in Ohio; lies about Democratic presidential nominee Kamala Harris being a Marxist, apparently because her dad taught Marxism at Stanford; and yet more lies about the 2020 election being rigged against him despite scores of court decisions, audits and recounts to the contrary, another former president finally seized the spotlight to set matters straight.

Maligned during his own presidency as a foreign-born infidel by Trump, then a loud-mouthed reality-TV star and flamboyant business tycoon, Barack Obama highlighted the latest bizarro act of the traveling Trump circus in the 2024 presidential campaign: how Trump, in the Hurricane Helene aftermath, “just started making up stories about the Biden administration withholding aid from Republican areas and siphoning off aid to give to undocumented immigrants, just made the stuff up,” to score political points.

“And this has consequences,” Obama argued, “because people are afraid and they’ve lost everything and now they’re trying to figure out, ‘How do I apply for help?’ and some of them may be discouraged from getting the help they need – (and) the idea of intentionally trying to deceive people in their most desperate and vulnerable moments. And my question is: When did that become OK?” He then asked of any Republicans within earshot: “When did that become OK? Why would we go along with that?”

Like him or not, America’s only black president, 63, remains by far our nation’s most eloquent present-day champion of American virtues and values. His remarks in Pittsburgh on behalf of the Harris-Walz campaign showed he had lost none of his keen insights about America at its finest, even as he sought to push back against what some of us believe to be America at its worst: the Make America Great Again juggernaut and its employment of conspiracy theories, racism and hatred to divide and incite.

Yet Obama’s address not only begs overdue reflection by introspective and informed Americans at this critical juncture in our history but invites a legitimate question, especially for those of us who have long lived in the stretch of Central Texas once known as “Bush Country”: Where is former President George W. Bush, 78, amidst what by all accounts is the most pivotal presidential election of our times? Will he too lend his unique influence, one way or the other, as a past president to guide fellow citizens?

Or would his post-presidential influence even matter to anyone?

For newcomers, it’s impossible to convey the swelled pride Wacoans once had in President Bush, whose 1,600-acre ranch near Crawford transformed that town into a tourist mecca, complete with souvenir shops. The ranch was known as the Western White House where the president hosted international dignitaries, then met with local and national press. Nearby Waco welcomed entourages from all over. Baylor University launched an ambitious campaign to land the Bush presidential library.

Upon settling in Waco in summer 2002, I found many residents hoped the presidential aura would end the city’s close identification with Branch Davidian cultists whose crimes sparked a deadly shootout and standoff with federal agents in 1993 some 10 miles east of Waco. All ended horribly in a tank and tear-gas assault that saw the cult’s apocalyptic, Bible-quoting prophet and his gun-toting flock killed in an inferno, fueling an anti-government movement nationwide arguably culminating in the Age of Trump.

I also concluded over time that the president’s officials understood the public relations perils of any close association with Waco, which back then conjured crazy religious fundamentalists, self-styled messiahs and supposed federal overreach. In press releases and news events, they identified the Western White House with Crawford, a mostly white town that better fit the ruggedly individualistic, Reaganesque, riding-the-range, sunny, outdoor persona that Bush clearly preferred.

In those days, Wacoans – particularly Republicans – took a dim view of any criticism of Bush. The only time my ordinarily gracious neighbor, former Waco mayor and decorated war veteran J.R. Closs, ever cross-examined me about my association with the Waco Tribune-Herald was after the editorial board endorsed Bush’s challenger, John Kerry, in the 2004 presidential election. I tactfully explained that I headed up the news department as city editor and had nothing to do with political endorsements.

Since then, the pride has flown. Paralleling the Republican Party, what was once Bush Country is now unrepentant Trump country. On the advice of Texas Republican Lt. Gov. Dan Patrick, Trump selected Waco to formally launch his 2024 reelection campaign. And during the March 25, 2023, rally at Waco Regional Airport, Trump publicly debuted a big-screen video of his reciting the Pledge of Allegiance while the disembodied voices of January 6 insurrection detainees eerily sang the national anthem.

Since then, the campaign has employed darker and darker imagery.

When asked by Fox News’ Maria Bartiromo on Oct. 13 about thousands of Chinese nationals living in the United States, criminal elements among immigrants in America and the prospect of violence on Election Day 2024, Trump, 78, insisted the “bigger problem is the enemy from within.” He made clear he wasn’t referring to illegal immigrants but “sick people, radical left lunatics.” However, he added reassuringly, “it should be easily handled by, if necessary, by National Guard or, if really necessary, by the military."

"We have the greatest military in the world, but you have to know how to use ’em,” Trump said at an Oct. 11 rally in Colorado. “You have to know how to use ’em. But I protect you against outside enemies but, you know, I always say, we have the outside enemies – you can say China, you can say Russia, you can say Kim Jong Un – but if you have a smart president, no problem. It's the enemy from within, all the scum that we have to deal with that hate our country. That's a bigger enemy than China and Russia."

Such statements, coming from an unprincipled figure who tried to invalidate 2020 presidential election returns through a phony electors scheme, who did nothing to stop Trump rioters after they attacked the U.S. Capitol and brutalized police, who has vowed to be a dictator on Day One of his next presidency, who has argued for terminating the U.S. Constitution, all culminating with the notion of using military force to quell or corral fellow citizens with whom he differs, is unprecedented in U.S. history.

In a CNN interview, retired Army Maj. Gen. Randy Manner said many Americans don’t comprehend the low threshold for an unhinged president intent on dispatching armed forces against fellow citizens he deems his enemies: “There are so many things that could be done because these are areas where sane men don’t go. It’s basically the guardrails of our democracy, the rule of law, that prevents civilian leaders from going where they should not go. But President Trump is not like any sane leader.”   

Retired four-star Marine Corps Gen. John Kelly, Trump’s former chief of staff, recently signaled concern to the New York Times: “Well, I'm looking at the definition of fascism. It’s a far-right, authoritarian, ultra-nationalist political ideology and movement characterized by a dictatorial leader, centralized autocracy, militarism, forcible suppression of opposition, belief in a natural social hierarchy. So certainly, in my experience, those are the kinds of things that he thinks would work better in terms of running America.”

And who are Trump’s “scum”? In a Fox News town hall, Trump cited Democratic lawmaker Adam Schiff, who led investigations into Trump’s politically motivated dealings with Ukraine, and former House Speaker Nancy Pelosi, who singled out Trump as a “threat to American democracy,” as examples “so sick and they’re so evil.” During this leadup to the election he also cited Jamaican-born District Judge Tanya Chutkan, presiding over his long-delayed federal election interference trial, as “the most evil person.”

Such tirades – including Trump’s labeling of his political opponents as “Marxists and communists and fascists” – reflect a disturbing theme Republicans have pressed for a while now. I recall the Oct. 25, 2020, Faith & Freedom Coalition rally at Waco's Church of the Open Door where Republican state Sen. Brian Birdwell, a 9/11 survivor whose district includes Waco, suggested those allied against President Trump did not love their country. I was shocked a military veteran could say such a thing of fellow citizens.

Meanwhile, Trump continues to reject any suggestion that he bore at least some blame for the violence committed in his name and literally under his banner on the Sixth of January. In an Oct. 20 interview on Fox News with media expert Howard Kurtz, the former president not only stubbornly justified those who marched on the U.S. Capitol as legitimate protesters – “they came because they thought it was a rigged election” – but said of the mob, “there was a beauty to it and a love to it that I’ve never seen before.”

As Obama somberly lectured young black Harris-Walz supporters in Pittsburgh of an inertia he sensed among some about a woman president, one could hardly imagine in turn justifying someone of Trump’s racial temperament and character being in charge of anything. “I didn’t mean to get so serious, but when I hear about this stuff, I start feeling like we don’t have enough of a sense of what’s at stake here,” he said at one point. “These are not ordinary times and these are not ordinary elections.”

Obama has been criticized as patronizing in his remarks to young black Harris supporters, but such criticism invites scrutiny of what we then behold in Trump’s rhetoric, including the spectacle of using military forces to suppress Americans whom the president deems enemies of the state, talk that evokes the deadly totalitarianism of Hitler and Stalin. Given that half the United States seems to embrace such madness or overlooks it, sage counsel – however patronizing – may be not only relevant but overdue.

And where is Bush?

Fort Worth Star-Telegram columnist Cynthia Allen in an Oct. 2 piece argues we should all just let Bush be. “There's something undeniably refreshing about a politician who recognizes that his or her role as an influencer should have a shelf life. And after carrying the weight of the world on his shoulders for so many years while receiving mostly criticism for it in the media, it doesn't seem unfair or unpatriotic for Bush to wish to live out his post-presidential days in apolitical peace.”

Maybe, though blaming media for what historians and even Trump sycophants now conclude of the Bush presidency is a little rich and hints at Allen’s political leanings. To build on what she argues, Bush might also be exactly the wrong one to join Americans of principle ranging from former Congresswoman Liz Cheney to Barack Obama in their mission to defeat Trump. While the Bush presidency was not without its triumphs, it displayed a jarring lack of insight, competence and focus in times of immense crisis.  

In pursuing the 2003 invasion of Iraq as an elective war based on questionable intelligence, the Bush administration further inflamed the volatile Mideast by failing to grasp the intense 1,400-year-old religious polarization of Sunni and Shia branches of Islam. His administration’s employment of political cronyism to select leadership for the Federal Emergency Management Agency ultimately exacerbated bungled relief and recovery efforts along the devastated Gulf Coast after Hurricane Katrina in 2005.

Nor did the Bush presidency end well after wildly unregulated markets; irresponsible loans by banks to corporations and consumers brimming with toxic risks; an overheated housing market; and politicians’ failure to discern complicated economic dynamics contributed to the disastrous Great Recession of 2008. Even the Trib recognized trouble early on, blaming Bush in 2004 for “unsound fiscal choices at home, particularly leaning on unnecessary tax cuts in wartime that have driven the nation deeply into debt.”

And there’s the issue of whether Bush misread or mishandled Russian President Putin, including during the latter’s celebrated visit to the town of Crawford and nearby Bush ranch in 2001, two months after the 9/11 attacks that subsequently colored so much of the Bush presidency, including the torture of Muslim prisoners at the U.S.-run Abu Ghraib prison. Bush famously declared he looked into Putin’s eyes, finding him “very straightforward and trustworthy.” Such words now strike many as hopelessly naïve.

Bush’s eventful presidency also revealed telling strains in the Republican Party between those who recognized disagreement and debate are part of a clangorous democracy and those contemptuous of civility and mutual respect. For some of us, this became evident during anti-war activist Cindy Sheehan's month-long peace vigil near Bush's ranch in summer 2005, inspired by the 2004 death of Sheehan’s son, Army Specialist Casey Sheehan, killed in battle with Shiite militia near Baghdad.

As supporters and opponents of the Iraq war “rallied, marched and simmered in the 101-degree heat” (to quote the Trib), a Richardson, Texas, man carried a sign into an Aug. 27 pro-Bush rally that read: "How to wreck your family in 30 days by bitch-in-the-ditch Cindy Sheehan" – an unnecessarily cruel allusion to Sheehan’s summer divorce from her husband of 28 years. When an event organizer protested the sign for its profanity and malice, a fight erupted between the two Republicans. Police were called.

In her Star-Telegram column, Allen argues “it is rather fun to imagine Bush in his library offices housed on the Southern Methodist University campus, characteristically chuckling to himself as he reads the daily paper, delighted to not be one of its regular subjects.” Bush has “said nary a word about the election, instead keeping his head down and his focus on the good work of his Dallas-based foundation and library.”

Rather fun? Good work? A key aim of presidential libraries is spinning presidential legacies into a more pleasing light to benefit their honorees. Thus his library busies itself in such exhibits as one on “Dining and Diplomacy” that offers a look at what Bush served to visiting dignitaries, including Putin at the Bush ranch on Nov. 14, 2001: guacamole salad, mesquite-smoked peppered beef tenderloin, southern-fried catfish, fire-roasted potatoes with poblano peppers and grilled sourdough bread with onion butter.

For the visiting king and queen of Spain, we are informed that the Bush Western White House served free-range turkey, Prairie Chapel bass, mashed sweet potatoes with maple syrup and chipotles, pan-roasted root vegetables, cornbread stuffing and Port & Hall Hyde chardonnay. And we learn that British Prime Minister Tony Blair, during his visit to the ranch with wife Cherie, at one point “borrowed a guitar and strummed and sang along with the San Antonio band Daddy Rabbit.”

True, Bush’s center in 2023 did participate in a mushy joint statement by 13 presidential libraries: “Each of us has a role to play and responsibilities to uphold. Our elected officials must lead by example and govern effectively in ways that deliver for the American people. This, in turn, will help to restore trust in public service. The rest of us must engage in civil dialogue; respect democratic institutions and rights; uphold safe, secure and accessible elections; and contribute to local, state or national improvement.”

And the Bush Institute certainly tackles timely policy questions in its publication, The Catalyst. Yet in a Q&A in the winter 2024 issue, when asked about the raging divide in America, including “one party in the thrall of a self-declared dictator,” Bush proved evasive, even naïve in his attempts at bothsidism: “It’s not an attempt to seriously solve problems. To me, it seems like our politics have become about self-preservation – anticipating some popular movement and either leading it or trying to head it off.”

The Bush Institute also expresses concern over rapidly multiplying “news deserts” in populated cities in which daily newspapers have dried up, yet Bush is mum about Trump’s attacks on legitimate news media. “They’re the enemy of the people, they are,” Trump said on Oct. 24 to cheers in Tempe, Arizona. “They’re the enemy of the people – I’ve been asked not to say that, I don’t want to say it – they’re the enemy of the people, and someday they’re not going to be the enemy of the people, I hope.”   

Bush’s approach is certainly different from that of Obama, who in Pittsburgh suggested that many of us as rational citizens might normally distance ourselves from a co-worker or client who told malicious lies: “And yet when Donald Trump lies or cheats or shows utter disregard for our Constitution, when he calls POWs ‘losers’ or fellow citizens ‘vermin,’ people make excuses for it. They think it’s OK. They think, ‘Well, at least he’s owning the libs, he’s really sticking it to ’em. It’s OK as long as our side wins.’”

Perhaps Allen and others who revel in Bush’s staying above the national furor are right. After all, many Bush associates have already made sufficiently clear their sentiments on Trump, including former Vice President Cheney: “In our nation’s 248-year history, there has never been an individual who is a greater threat to our republic than Donald Trump. He tried to steal the last election using lies and violence to keep himself in power after the voters had rejected him. He can never be trusted with power again."

Scores of former national security and foreign policy officials who served in the administrations of Republican presidents Ronald Reagan, George H.W. Bush, George W. Bush and Donald Trump or as Republican members of Congress have made clear they “expect to disagree with Kamala Harris on many domestic and foreign policy issues, but we believe that she possesses the essential qualities to serve as president and Donald Trump does not.” They continue:

“Donald Trump's susceptibility to flattery and manipulation by Vladimir Putin and Xi Jinping, unusual affinity for other authoritarian leaders, contempt for the norms of decent, ethical and lawful behavior and chaotic national security decision-making are dangerous qualities – as many honorable Republican colleagues and military officers who served in senior national security positions in his administration have frequently testified. He is unfit to serve again as president or indeed in any office of public trust.”

And during a February 2024 forum at the Rancho Mirage Writers Festival in California, Bush political consultant Karl Rove acknowledged his distaste in a Democratic president. “But we’re facing as a country a decision – and everybody gets to make it – as to what kind of leadership we’re going to have, and to me it is a mistake on the part of the Trump campaign to allow the president’s impulses to identify himself with the people who assaulted the Capitol rather than people who stand for law and order.”  

“I worked in that building as a young man,” Rove said. “To me, the Congress of the United States is one of the great examples of the strength of our democracy and a jewel of the Constitution. And what these people did when they violently attacked the Capitol in order to stop a constitutionally mandated meeting of the Congress to accept the results of the Electoral College is a stain on our history. And every one of those sons of bitches who did that, we ought to find ’em, try ’em and send ’em to jail.”

Such fiery words sit awkwardly with images of Bush enjoying an SMU volleyball match two weeks before the 2024 election, conjuring Samuel Adams’ observations as the revolution of 1776 ensued: “If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you and may posterity forget that ye were our countrymen.”

Delivered in a rousing speech in Philadelphia, Adams’ words might also be deemed “patronizing.” How dare he? Yet insights from those who have held or hold positions of responsible leadership can serve as useful guideposts in times of crisis and confusion. An early October Pew Research survey of 5,110 adults shows 72 percent of voters say if Harris loses, she will bow to law and tradition and acknowledge Trump’s electoral victory. Just 24 percent expect Trump to concede if he loses; 74 percent say he will not.

For the record, former President Bush is certainly capable of championing American values. Of all the 9/11 addresses held across the nation on the 20th anniversary of the Islamist terrorist attack in 2021, of all the remarks appealing to our patriotism and better angels and demanding deeper reflection about the state of our union, Bush’s ranked at the very top – appropriately, considering he was president at the time of the attacks and initiated two wars in its wake.

Bush fittingly spoke at the national monument erected in a field near Shanksville, Pennsylvania, where Flight 93 crashed after its passengers, mostly strangers to one another, voted on a plan, then forcefully prevented hijackers from crashing the airliner into its reported target – the Capitol. Nimbly addressing the “anger, fear and resentment” of today’s politics, Bush stressed “growing evidence that the dangers to our country can come not only across borders but from violence that gathers within.

“There is little cultural overlap between violent extremists abroad and violent extremists at home,” Bush said, referring to Mideast terrorists who plowed airliners into symbols of American power and commerce and Trump supporters who stormed the U.S. Capitol and sought to overthrow American democracy. “But in their disdain for pluralism, in their disregard for human life, in their determination to defile national symbols, they are children of the same foul spirit. And it is our continuing duty to confront them.”

And that means ordinary citizens. During that same 9/11 observance near Shanksville, Gordon Felt, a special education teacher and the brother of Flight 93 victim Edward Felt, suggested the question was not so much how reverently we honor the fallen of 9/11, the brave passengers of Flight 93 and those who lingered in the twin towers at their peril to help strangers and co-workers, “but rather the question to be considered is: Are we worthy of their sacrifice? Are we worthy?

"Do we as individuals, communities and as a country conduct ourselves in a manner that would make those that sacrificed so much and fought so hard on September 11th proud of who we have become?” Felt asked. “Do we share the same willingness to sacrifice for others in little ways as well as large, to act when necessary for no other reason than to accomplish a noble goal, egoless and without other motivation than to do what is right?”

Those of us who fondly recall Bush’s “compassionate conservativism,” who recall his noble efforts to condemn threats leveled at Americans who are Muslim after the 9/11 attacks, who recall his efforts at comprehensive but humane immigration reform (with Sens. John McCain and Ted Kennedy as allies) now wonder if Bush’s speaking out to safeguard democracy and head off the carnage and chaos of another Trump reign might prove a redeeming final act or a massive waste of everybody’s time.

For better or worse, at this late date the prospect is likely not even on the menu.

Bill Whitaker spent nearly 45 years as a reporter, editor and columnist in Texas journalism, including a dozen years as Waco Tribune-Herald opinion editor. He retired in 2020.

Tuesday, September 17, 2024

LOCK UP YOUR DOGS, CATS!

Like it or not, the mainstream punditry of our times often sorts out for the historians of tomorrow what resonates politically and societally today. And among the many armchair ponderings about the pivotal Sept. 10 Trump-Harris presidential debate, I was most struck by congressional reporter Jamie Dupree’s take: “Only two things will be talked about in detail on AM drive radio or TV about this debate: 1) Trump: Immigrants are eating cats and dogs. 2) Taylor Swift endorses Kamala Harris.”

In a way, this confirms what a wise friend advised a day before the debate. I had acknowledged little interest in the much-touted matchup because serious policy questions would likely go unanswered and exaggerated allegations and outright falsehoods would go uncorrected by debate moderators. Today’s presidential debates, my friend countered, may no longer mirror the Lincoln-Douglas debates of 1858 but they do demonstrate a candidate’s ability to think fast on his or her feet. And there’s merit in this.

To extend this thought, presidential debates are now like gladiatorial matches with candidates dueling in words, claims, ideas, explanations and, yes, zingers that capture the imagination or tickle the funny bone. Take, for example, President Reagan’s witty comeback to challenger Walter Mondale when the issue of Reagan’s age (73) surfaced at the Oct. 21, 1984, debate: "I will not make age an issue of this campaign. I am not going to exploit, for political purposes, my opponent's youth and inexperience."

I’m stunned at the multitude of Trump disciples who claim their idol was mistreated because ABC News debate moderators dared to correct (and in real time!) Trump whenever he lied. His followers actually expect journalists to stay mum as the falsehoods and exaggerations pile up, misleading more citizenry than is already the case. No doubt, this expectation distinguishes and condemns our post-truth age. These same conspiracy addicts and willing dupes probably curse referees and umpires at ballgames.

The real problem: Their idol struck out at bat on the truth far more than his Democratic opponent did.

Many folks online, I notice, castigated ABC News’ David Muir for correcting Trump when the Republican candidate spouted wildly unfounded and malicious rumors about Haitian immigrants in Springfield, Ohio. "They're eating the dogs, the people that came in, they're eating the cats," Trump bellowed in answering a question on immigration. "They're eating the pets of the people that live there, and this is what's happening in our country, and it's a shame." (Trump’s rant has already been set to music!)

When Muir explained on air that ABC had contacted Springfield and was informed by its city manager that such claims were without merit, Trump suggested one might expect a city manager to say that. Yet other credible sources dismiss these claims. “There have been no credible reports or specific claims of pets being harmed, injured or abused by individuals within the immigrant community,” Springfield police said. Even Ohio Republican Gov. Mike DeWine dismissed the immigrants-eating-pets claims.

By most accounts, the Haitians have settled legally in Springfield and assimilated nicely. They took jobs others would not. To quote the CEO of McGregor Metal, an automotive parts maker, about the Haitian workers at his plant in a Sept. 9 PBS NewsHour report: “I wish I had 30 more. Our Haitians come to work every day. They don’t have a drug problem. They’ll stay at their machine. That’s a stark difference from what we’re used to.”

Yet we live in a mean-spirited, deluded, pseudo-Christian society that increasingly forges its political beliefs based on claims unsupported by facts. Lawsuits about the supposedly stolen presidential election of 2020 prove this. Many court hearings regarding President Trump’s claims of widespread election fraud were evidentiary hearings – and those collapsed because lawyers such as Rudy Giuliani based their suits on hearsay and speculation. Giuliani hoped to find evidence in support of his claims but never did.

That’s a pretty sloppy way to practice law. As Giuliani explained of his approach to filing election lawsuits without evidence, “[a]ll those questions have to be answered, which you can’t answer at this stage of the litigation, so you put out all the allegations you have, the ones that help you, the ones that don’t, and then you work your way through it in the litigation.” Which is why many Trumpers foolishly still hold the 2020 presidential election was stolen.

As it so happens, I spent much of my youth in Ohio and, as best man at a wedding, spent a weekend in Springfield, an engaging, picturesque college town 45 miles west of Columbus. I also spent a couple of years working on the cops beat in Abilene, Texas, where I began my newspaper career. One lesson I learned informed the rest of my career: Complaints filed with the police department – say, complaints about immigrants eating people’s dogs and cats – don’t always prove true once investigated.

If you remember this lesson, you’ll save yourself a lot of grief in the newspaper profession. If you don’t, you won’t have much credibility in any profession. That’s not to say police don’t falter in investigations. But when your evidence is a social-media post claiming a neighbor’s daughter’s friend lost her cat and found it hanging from a tree branch at a Haitian immigrant neighbor’s home being carved up for dinner, your journalist’s skepticism should go on full alert.

First thing I did when Trump and running mate JD Vance lent their credibility to claims about Haitians eating neighbors’ dogs and cats in Springfield was call up online the Springfield News-Sun to see what reporters who know the community and know local authorities were reporting. Their stories indicate these claims are groundless. In fact, the mayor and local clergy have rallied to the immigrants’ defense. These reporters base their reputations and risk their jobs on what they report to the general public.

Should Trump and Vance be similarly held to account for spreading such alarmist claims without proof? Why not?

Other debate moments will linger long in memory, including Trump’s refusal to say he hoped Ukraine prevailed in its defensive war against Russian invasion and his refusal to shoulder any blame for the January 6 violence, including doing next to nothing as supporters brutalized police and stormed the U.S. Capitol to overthrow the 2020 election. But when he began ranting about legal Haitian immigrants eating people’s pets, I felt a moment of sorrow – not so much for Trump but for our nation.

Since the debate, Trump has recklessly expanded on this racist nonsense, contributing to bomb threats leveled at Springfield schools, hospitals and government buildings, a threatened shooting at Wittenberg University and a march on the town by the Proud Boys, a neo-fascist militia group allied with Trump. Does it exaggerate too much to say this town has been terrorized by misfits and malcontents of Trump’s Make America Great Again mindset? Has he again heightened the risk of violence for everyone?

The questions are relevant given a reported second assassination attempt on Trump, which Vance and MAGA followers blame on opponents labeling Trump a “fascist.” Yet Vance and his ilk yawn and look the other way as Trump continues to label his Democratic presidential opponent “a radical-left, Marxist, communist fascist,” which I’m not sure is even theoretically possible. So who’s inciting violence? It’s relevant to note most Trump followers dismiss arguments Trump incited the angry mob of January 6.

So far as singer-songwriter Taylor Swift’s post-debate endorsement goes, I admit knowing so little about her that my wife recently suggested a Taylor Swift documentary on what we call our weekly “Edification Night.” In watching “Miss Americana” (2020), I found Swift, then 30, somewhat naïve in her political thinking, but she at least offered a sunny, wholesome, forward-minded view of America in contrast to the dark and deceitful “immigrants-are-eating-our-dogs-and-cats” prism of Trump and Vance.

She also took a swipe at our post-truth age: “Recently I was made aware that AI of ‘me’ falsely endorsing Donald Trump’s presidential run was posted to his site. It really conjured up my fears around AI, and the dangers of spreading misinformation. It brought me to the conclusion that I need to be very transparent about my actual plans for this election as a voter. The simplest way to combat misinformation is with the truth. I will be casting my vote for Kamala Harris and Tim Walz in the 2024 Presidential Election.”

In short, Trump’s stupidly posting false claims of Swift favoring his campaign prompted this immensely influential American cultural phenomenon to endorse his opponent. This 78-year-old man’s childish response, posted Sunday: “I HATE TAYLOR SWIFT!” And in a telling instance of his failure to learn the identities of his own supporting cast, Trump at his Friday Las Vegas rally introduced Reggaeton singer Nicky Jam as a supporter: “Latin music superstar Nicky Jam. Do you know Nicky? She’s hot!”

Except she’s a he.

I was impressed with Swift’s endorsement. As a former Republican, I probably should have been more impressed with the rush of Harris endorsements by more than 200 former Reagan, Bush, Cheney and Romney staffers, but Swift is articulate, thoughtful and grounded. In response, JD Vance on Fox News last week questioned whether voters “are going to be influenced by a billionaire celebrity who I think is fundamentally disconnected from the interests and the problems of most Americans."

I’m willing to concede the point, but why limit it to just one “billionaire celebrity” out there?

Bill Whitaker spent 45 years as a reporter, editor and columnist in Texas journalism, including a dozen years as Waco Tribune-Herald opinion editor. He is a member of the Tribune-Herald Board of Contributors.

Saturday, July 27, 2024

Shooting part of traveling Trump shock-o-mania shitshow



In an informal, unscientific survey after former President Trump apparently got part of his ear shot off in Butler, Pennsylvania, roughly half of my friends and neighbors acknowledged believing – at least initially – that the shooting had been a staged campaign event. Given made-to-order photographs of the event taken by mainstream news media of Trump – face bloodied, fist raised defiantly as Secret Service agents rushed him offstage to a waiting vehicle, a U.S. flag soaring overhead heavenlike – who in our doubting world wouldn’t wonder as much?

Lest Trump supporters erupt in indignant outrage that anyone believe this was anything but an outright assassination attempt, remember: For more than three years, Americans have been pressed almost daily by Trump and his sycophants to believe the storming of the U.S. Capitol, complete with attacks on police officers, was a plot provoked by disguised antifa activists and choreographed by the FBI to embarrass and undermine President Trump. A few days after the July 13 assassination attempt, Trump again touted January 6 as a “hoax” in a social-media post.

I was making Saturday night dinner when my wife said Trump, 78, had been shot at one of his campaign rallies. As a lifelong newsman, I ordinarily would have rushed to my iPad or TV to confirm this; as a retired newsman living in the propagandistic, conspiracy-ridden, “truth-isn’t-truth” Age of Trump, I instead wearily suggested my wife consult reliable Washington Post or CBS News websites to ensure such an event had taken place – and that, in any case, dinner was ready. Only a few hours later had I sufficiently galvanized myself to return to the murky depths of Trump’s America.

One reason for skepticism: To experience a Trump rally as I have is to witness several hours of delusion, anger, even torment. Wonder why most people in the risers behind Trump didn’t flee when shots rang out? By then, many had spent hours outside baking in the July sun, often without easy access to water. Some had passed out from heat exhaustion. When cognizant, they listened to a stream of incendiary, overripe warmup speakers whipping them into a dizzying frenzy of victimhood and resentment. By the time gunfire erupted, they were too weak and too transfixed to run for their lives.

In short, the shooting seemed part of the traveling Trump shock-o-mania shitshow where Americans are invited to view themselves in a funhouse mirror of whacky distortions and the carnival barker-in-chief will say anything and everything – often to the point of babbling, and just as incoherently as our sitting president but without the latter’s bowing to certain standards of conduct. If you study the faces of the crowd behind Trump whenever he says something utterly absurd, trips over a spoken gaffe or collapses into garble at rallies, there’s no flash of realization anything is amiss. The lights at home are out.

When a friend who voted twice for Trump raised the assassination attempt the other day, he focused our conversation on ballistics, logistics and security contingency planning. Not once did he express surprise or horror that someone had tried to blow Trump’s head off. Nor did my friend once hint that this must have been some leftist or government plot to assassinate Trump. Our conversation reminded me of my own conclusion the evening of the shooting: If you regularly blow things up and you’re indiscriminate in how you blow things up, don’t be surprised if one day it all blows up in your face.

Trump’s champions in Congress and right-wing media accuse mainstream media and Democrats of inciting violence against Trump by alleging that Trump, the Make America Great Again movement and Project 2025 reek of unadulterated fascism. Yet Trump and his followers show no hesitation in recklessly vilifying others as “socialists” and “communists.” When I walked onto the grounds of the Trump rally at Waco Regional Airport the morning of March 25, 2023, one of the first oversized banners I saw declared: “DEMOCRATS ARE COMMUNISTS,” complete with hammer and sickle.

So why is turnabout not fair play? Republicans have been calling Democrats “communists” for decades. Are Democrats not entitled to claim Republicans are fascists, particularly if they (and a great number of moderates and conservatives) believe it so? Project 2025 reimagines America under a super-presidency largely unchecked by courts or Congress; replacement of millions of non-partisan civil service employees with Trump toadies who could bungle everything from Medicare to federal disaster relief to Social Security payments; and a military leadership more loyal to the president than the U.S. Constitution.

And talk of incendiary: Even now, Trump stokes violence by continually insisting, without evidence, that the 2020 election was “stolen.” Yet some 60 lawsuits alleging this failed in the courts. And despite claims to the contrary, about half of the hearings were evidentiary. To quote several elder Republican statesmen who refuted Trump’s charges in 2022: "Claims that an election was stolen or that the outcome resulted from fraud are deadly serious and should be made only on the basis of real and powerful evidence. If the American people lose trust that our elections are free and fair, we will lose our democracy."

In fact, these hardline Republicans of yesteryear who investigated Trump’s allegations (including former federal judge Michael Luttig and Bush v. Gore election attorney Benjamin Ginsberg) declare in their “Lost, Not Stolen” report: “There is absolutely no evidence of fraud in the 2020 presidential election on the magnitude necessary to shift the result in any state, let alone the nation as a whole. In fact, there was no fraud that changed the outcome in even a single precinct. It is wrong, and bad for our country, for people to propagate baseless claims that President Biden’s election was not legitimate.”

Consider, too, the numerous pleas for leniency from many January 6 rioters, insurrectionists and camp followers in federal district court who now blame Trump for inciting the violence.

Recent example: East Texan Alex Harkrider, 36, a Marine veteran convicted of running rampant with a tomahawk at the Capitol. "False claims by President Trump that the election was rigged were made on media sources as well as by the president himself that the election system had been corrupted and that the integrity of the election should be questioned," Harkrider’s attorney argued. "Trump refused to concede. He showed himself willing to undermine confidence in the democratic process and in time managed to convince nearly three-quarters of his supporters that the loser was actually the winner."

Not that this is the only outcome for January 6 dupes. When Tyler Dykes, 26, was sentenced to almost five years in prison this month for assaulting law enforcement as an active-duty Marine on the Sixth, he demonstrated the extremes of defiance deemed acceptable in the Trump ranks. He talked about the unrivaled adrenaline rush he experienced at the Capitol, eclipsing even (he claimed) bungee jumping, and offered in court his unqualified endorsement of Trump for president in 2024. Dykes has already served time for participating in the racist “Unite the Right” violence in Charlottesville, Virginia.

Trump apologists now demand we at least show decency and deference to Trump after the shooting. But for a tilt of the head, he might have been killed. Yet the former president mocked the hammer attack on then-House Speaker Nancy Pelosi’s husband (and the MAGA crowd laughed); dismissed a very real plot to kidnap a Democratic governor as “fake”; hinted that Second Amendment advocates might want to do something about 2016 opponent Hillary Clinton; and has vowed to pardon January 6 rioters, many of whom roamed Capitol corridors screaming for the blood of Speaker Pelosi and Vice President Pence.

A Pew Research Center survey this year found nearly three times as many Republicans as Democrats believe politicians should be able to express themselves with aggressive or heated language without worrying about the consequences. A day before the Waco rally kicked off his 2024 reelection bid, the former president vented over the prosecution case against him involving hush payments to a porn star. Trump warned of “death and destruction” if the case was allowed to proceed. Rallygoers with whom I spoke the very next day were divided over whether such threatening language was appropriate.

General consensus: “Oh, that’s just Trump being Trump.”

During the 2024 Republican National Convention, Trump declared: “The election result [of 2020], we're never going to let that happen again. They used COVID to cheat.” Does Trump mean he’ll engage in more behind-the-scenes skullduggery to siphon votes his way (which he clearly attempted in 2020) or does he threaten more post-election violence? When Ted Koppel visited a Trump rally in Schnecksville, Penn., in April, some aging rallygoers signaled the latter. “Be ready, just be ready for war,” a burly white man with a “Second Amendment: God, Guns and Guts” cap told the 84-year-old veteran journalist.

Not even two weeks after the shooting, during a rally in Ohio, Republican state Sen. (and Boy Scout!) George Lang proved the Trump movement has learned nothing: “I believe wholeheartedly Donald Trump and Butler County’s JD Vance are the last chance to save our country politically. I’m afraid if we lose this one, it’s going to take a civil war to save the country, and it will be saved. It’s the greatest experiment in the history of mankind. And if we come down to a civil war, I’m glad we got people like Smitty [Mark Smith] and the Bikers for Trump on our side.”

The crowd cheered.

A more recent University of Chicago Project on Security and Threats survey suggests that 7 percent of Americans – roughly 18 million adults – view violence as justifiable in restoring Trump to power. They also deem January 6 insurrectionists as “patriots.” Another 10 percent – some 26 million people – view violence as justifiable in preventing Trump from regaining the presidency. The Chicago Project’s work gauging political violence accelerated only after Trump supporters stormed the U.S. Capitol to halt the constitutionally mandated certification of the 2020 presidential election.

What’s now really driving the MAGA crowd crazy is they can’t categorize the dead 20-year-old shooter as a card-carrying member of the left. He was reportedly a registered Republican and a gun enthusiast who left few indications of what spurred him to elude security, somehow scale a building on the rally’s outer perimeter and maintain his perch long enough to squeeze off several shots with an assault-styled rifle. British reporter Siobhan Kennedy reports the Trump 2024 campaign considered the shooter’s household in Bethel Park as one of the most sympathetic to Trump’s reelection in the neighborhood.

Investigation continues as conspiracy theories multiply, representing a frantic game of whack-a-mole for the legitimate press charged with timely fact-checking. It’s quite possible the shooter reflects the utter incoherence of a political movement driven less by ideology and integrity, more by idolatry and impulse. The fact the shooter’s cellphone revealed obsessions with both Trump and Biden and their schedules may well hint at how a bewildered, repulsed, up-and-coming generation in the Age of Trump perceives all of us “adults” who, whatever else, have been in charge of America for generations now.

Bill Whitaker spent 45 years as a reporter, editor and columnist in Texas journalism, including a dozen years as Waco Tribune-Herald opinion editor. He is a member of the Tribune-Herald Board of Contributors. This piece appeared in the Tribune-Herald on July 27.

Thursday, July 4, 2024

Riding the storm, directing the whirlwind

 


Two hundred and forty-eight years ago, a group of American patriots gathered to ratify a document written by revolutionary firebrand and intellectual Thomas Jefferson that, more than anything, made abundantly clear their disgust with unaccountable kings deriving their power from the Almighty. And three days before those patriots’ descendants celebrated the Declaration of Independence this month, the Supreme Court of the United States in a burst of judicial activism restored the very monarchial malignancy our forefathers fought against in the American Revolution. It recast the American presidency in a way that 18th century Tories and turncoats might have celebrated.

In a ruling that will forever define the legacy of the Roberts court, Chief Justice John Roberts wrote a long, tortuous opinion in Trump v. United States that violates the fundamental, all-American principle that presidents be as accountable under the law as the rest of us. It instead allows immunity loopholes for all sorts of corruption and criminality by a president if he or she can pass off such malfeasance as "official acts." One can actually feel Roberts’ discomfort in the blunderbuss of words he employs to hide the fact he’s defending a deceitful, narcissistic scoundrel who sought to overturn the will of the American people and upend the peaceful transfer of power that had been an American hallmark for 220 years.

In doing so, Roberts at long last ensures himself of the same ignominy that posterity bestows on hoary Chief Justice Roger Taney in the 1857 Dred Scott v. Sandford decision.

Roberts' reading of The Federalist Papers is clearly selective. He gallops right past Federalist No. 69 by Alexander Hamilton who in 1788 sought to outline for Americans the benefits of a president over a king: "The president of the United States would be liable to be impeached, tried and, upon conviction of treason, bribery or other high crimes or misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law. The person of the king of Great Britain is sacred and inviolable: There is no constitutional tribunal to which he is amenable; no punishment to which he can be subjected without involving the crisis of a national revolution."

Obviously, the 69-year-old chief justice has had a change of heart since his testimony before the Senate Judiciary Committee in 2005 when he declared: “I believe no one is above the law under our system and that includes the president. The president is fully bound by the law, the Constitution and statutes.” Two decades later, overseeing a bitterly divided court hobbled by corruption, incompetence and incoherence, Roberts now signals in a ruling brimming with contradictions that, well, yes, the president has significant immunity from prosecution for official acts, whatever those acts might be. And that’s the problem with presidents claiming all sorts of powers beyond those set out by Article II of the Constitution.

Yes, one appreciates arguments for a strong, decisive chief executive, especially given that Congress is increasingly dysfunctional – more prone to showmanship and grandstanding than consensus-building and legislating policy. But the very act of emboldening the American presidency demands that those chief executives who exceed their “core constitutional powers” for self-gain be held accountable. That includes Donald Trump who, as sitting president, clearly conspired to subvert the will of the majority in a national election. Yet Roberts writes not only as if this conspiracy never happened, he seeks to hinder and confound and obstruct a federal trial weighing all the evidence and testimony, pro and con.

For graying Americans, the Roberts ruling showcases how effectively Make America Great Again rhetoric and its fanciful reweaving of foundational history has remolded the hearts and minds of some of us to be willing subjects, not discerning citizens. To quote journalist and historian Garrett M. Graff: “I wrote a history of Watergate that was a finalist for the Pulitzer Prize last year. And let me tell you: When Nixon said, ‘If the president does it, it’s not illegal,’ no one believed that was true. All of American history argues the opposite. And yet that’s exactly what the Supreme Court agreed today. The entire test of Watergate was no one is above the law. Today, the Supreme Court made one man above the law.”

In her powerful dissent, Justice Sonia Sotomayor makes this point: "After the Watergate tapes revealed President Nixon’s misuse of official power to obstruct the Federal Bureau of Investigation’s investigation of the Watergate burglary, President Ford pardoned Nixon. Both Ford’s pardon and Nixon’s acceptance of the pardon necessarily 'rested on the understanding that the former president faced potential criminal liability.'" Sotomayor adds: “Trump’s own lawyers during his second impeachment trial [for incitement of an insurrection in 2021] assured senators that declining to impeach Trump for his conduct related to January 6 would not leave him ‘in any way above the law.’” So much for that supposed point of law.

The lack of outrage by everyday Americans – and during the Fourth of July weekend – offers disturbing evidence of how tenuous our collective grasp of foundational American principles is. After a windstorm toppled a large red oak in a neighbor’s yard this spring, he voiced astonishment the tree’s roots didn’t run deeper, given the many years the tree dominated the front yard. The failure of so many Americans – perhaps defeated by the court’s serpentine legal reasoning, perhaps allergic to daunting news reports on complicated topics, perhaps just eager to go out and revel in carefree displays of patriotism – reminds me of that oak’s fate as the nation lazily contemplates another tradition-trashing Trump presidency.

The ruling also reinforces that bright line between what I call “classic conservatives” – those embracing classical principles of limited government and rule of law – and Trump supporters who call themselves conservative but unashamedly shed their principles whenever convenient, particularly in deference to charismatic, divinely dispatched strongmen who cater to their fears and feed their anger and into whose arms they unwittingly surrender much. And it highlights the fact that, in so many infamous authoritarian eruptions, the judiciary is often quick to falter in upholding the law. The collective capitulation shown by so-called “conservative” Supreme Court members suggests we’re witnessing that here and now.      

Many of us who listened to oral arguments before the court by the Department of Justice and Trump’s attorney in April marveled at how right-wing justices shifted and squirmed to avoid discussing the actual case at hand, retreating instead into hypotheticals. Yet those justices who ultimately dissented elicited the most frightening possibilities in this legal game. Justice Sotomayor asked Trump’s attorney: "If the president decides that his rival is a corrupt person and he orders the military or orders someone to assassinate him, is that within his official acts for which he can get immunity?" Trump’s lawyer: "It would depend on the hypothetical but that could well be an official act."

Really? And that’s constitutionally protected now? In America?

On the very eve of this 6-3 ruling, Trump paused his many posts claiming victimhood by a “weaponized” Department of Justice to instead repost to his online followers a post accusing former Congresswoman Liz Cheney of treason and calling for “televised military tribunals.” He boosted another calling for the imprisonment of President Biden, Vice President Harris, former Vice President Pence and others. Would the high court regard such vengeful acts, were they to occur in a second Trump presidency, protected from prosecution because they qualify as official presidential acts? Or is only a two-month coup to hijack our government masterminded by a losing reality-TV president protected from legal consequence?

Trump celebrated the ruling on Truth Social: "Without Presidential Immunity, a President of the United States literally could not function! It should be a STRONG IMMUNITY, where proper decisions can be made, where our Country can be POWERFUL and THRIVE and where Opponents cannot hold up and extort a Future President for Political Gain. It is a BIG decision, an important decision, a decision which can affect the Success or Failure of our Country for decades to come. We want a GREAT Country, not a weak, withering and ineffective one." His campaign marketed T-shirts: "Trump 2024: Don't Tread on MAGA,” complete with timber rattler – ironically playing off the Revolutionary-era flag defying kings.

Heritage Foundation President Kevin Roberts, former guiding light of the off-the-rails Texas Public Policy Foundation, praised the court decision on presidential immunity as “vital” – hardly a surprise as he likely views it as more easily facilitating his goal of “institutionalizing Trumpism,” including radical measures in Project 2025 such as replacing much of the federal workforce with Trump loyalists, however competent. In an interview, he quite naturally cited Federalist No. 70, published March 15, 1788, in which Hamilton argued for a vigorous chief executive – also predictably quoted by the chief justice. Yet this essay surely didn’t negate Hamilton’s thoughts on presidents and the law in Federalist No. 69, published a day earlier.

For the record, Hamilton proved shrewdly perceptive. When Thomas Jefferson and Aaron Burr tied in the hard-fought presidential election of 1800, Hamilton surprised some by helping tilt the election outcome to Jefferson, even though Jefferson and Hamilton were fierce political rivals. So far as Hamilton was concerned, Jefferson at least had principles; Burr had none: “Mr. Jefferson, though too revolutionary in his notions, is yet a lover of liberty and will be desirous of something like orderly government. Mr. Burr loves nothing but himself – thinks of nothing but his own aggrandizement – and will be content with nothing short of permanent power in his own hands.”

Burr’s post-election intrigue allegedly involving shadowy efforts to prompt the secession of western lands and invade Mexico left him on trial for treason in 1807. He was acquitted but his reputation never recovered. By then Burr had also killed Hamilton in America’s most famous duel. Chief Justice Roberts actually cites United States v. Burr in his own Trump v. United States ruling, but in his bid to crown Trump with presidential immunity he contorts the broader views of Chief Justice John Marshall, who presided over the Burr trial. Whatever else on finer points in this complicated case, Marshall famously reasoned that “the law does not discriminate between the president and a private citizen.”

This much is clear: Alexander Hamilton anticipated Donald Trump 223 years before, judging from this 1792 epistle: “When a man unprincipled in private life, desperate in his fortune, bold in his temper . . . despotic in his ordinary demeanor – known to have scoffed in private at the principles of liberty – when such a man is seen to mount the hobby horse of popularity – to join in the cry of danger to liberty – to take every opportunity of embarrassing the general government and bringing it under suspicion – to flatter and fall in with all the nonsense of the zealots of the day – it may justly be suspected that his object is to throw things into confusion that he may 'ride the storm and direct the whirlwind.’”

In his smug interview on Steve Bannon’s “War Room” podcast, Heritage executive Kevin Roberts skates past such historical distinctions. He delights in the “radical left” going apoplectic “because our side is winning.” He claims the nation is undergoing “the process of the Second American Revolution, which will remain bloodless if the left allows it to be.” This raises a question given this historian and election denier’s suggestion that whoever resists this “revolution” – including presumably we moderates and anti-Trump conservatives – will be dealt with. Are we permitted to at least resist with, say, the ferocity and dedication displayed by self-righteous, delusional, far-right “heroes” of the Sixth of January?  

Equally disturbing is the court majority’s dictate – and without any constitutional originalism to back it up – that lower courts “may not inquire into the president’s motives … nor may courts deem an action unofficial merely because it allegedly violates a generally applicable law.” And, amazingly, the court ruled Trump’s exchanges with Department of Justice officials to overthrow the 2020 election in his favor are protected by presidential immunity because such exchanges qualify as “officials acts.” Constitutional scholar and Democratic Congressman Jamie Raskin correctly argues this "radical break from history and the rule of law shows how far Trump’s lawlessness has contaminated the Supreme Court." Indeed.

Even Trump-nominated Justice Amy Coney Barrett balked at John Roberts' sweeping view of presidential immunity for acts hardly within a president’s constitutional realm. "Take the president’s alleged attempt to organize alternative slates of electors," Barrett wrote in a partial dissent. "In my view, that conduct is private and therefore not entitled to protection. The Constitution vests power to appoint presidential electors in the states. And while Congress has a limited role in that process, the president has none. In short, a president has no legal authority – and thus no official capacity – to influence how the states appoint their electors. I see no plausible argument for barring prosecution of that alleged conduct.”

Yet Chief Justice Roberts seeks to excuse a movement bent on dictatorship, if Trump’s words of recent are to be taken seriously. At one point, Roberts argues immunity may be warranted involving Trump’s self-serving efforts to pressure his vice president to reject or question Electoral College votes from battleground states sufficiently to allow Trump a path to electoral victory. Vice President Pence refused to do so, citing his strictly ceremonial role as defined by law, including the Twelfth Amendment to the Constitution. Yet Roberts trivializes the key fact that Pence, in his role on January 6, was functioning as president of the Senate – and not as vice president.

"When may a former president be prosecuted for official acts taken during his presidency?" Roberts asks in his opinion. "Our nation has never before needed an answer. But in addressing that question today, unlike the political branches and the public at large, we cannot afford to fixate exclusively, or even primarily, on present exigencies. In a case like this one, focusing on 'transient results' may have profound consequences for the separation of powers and for the future of our republic." And thus he cavalierly justifies a bewildering, disordered decision that is more an assemblage of impressions and musings, dispensed with little or no solid foundation and providing no real resolution to our "present exigencies."

Freewheeling Justice Clarence Thomas expands on Roberts' scattershot approach in a concurrence that isn't really even a concurrence, questioning the appointment of "a private citizen as special counsel to prosecute a former president on behalf of the United States." It lands far from the immunity question, yet is perversely intriguing given a member of the Thomas household who, in the wake of the disputed 2020 presidential election, longingly contemplated "the Biden crime family and ballot-fraud co-conspirators (elected officials, bureaucrats, social media censorship mongers, fake stream media reporters, etc.)" being arrested and "living in barges off GITMO to face military tribunals for sedition."

Roberts’ tangled web of arguments for unburdening Trump, even as the court now returns the case to District Judge Tanya Chutkan to sort out to see if a trial is even possible, confirms that we the people are indeed the proverbial frogs in the proverbial slow-boiling pot. The Roberts court has given oligarchs free rein to buy elections and candidates in Citizens United v. FEC (2010) and unleashed an avalanche of anti-democratic laws aimed at making voting harder through Shelby County v. Holder (2013), which gutted the Voting Rights Act that, ironically, might have allowed President Trump to legally prevent the “election irregularities” that supposedly foiled his reelection in 2020. Yet this latest ruling is far more malignant.

For one thing, it’s astounding in its reversal of what so many of these justices claimed during their own nomination hearings. For another, it’s stunning in its cowardice. The former president has immunity in conversations with the vice president – maybe. The former president has immunity in his conspiracy to assemble fake electors – maybe. The former president has immunity in his rhetoric and presumably his dereliction of duty on the Sixth – maybe. The one silver lining is that this bag of worms is back before Judge Chutkan, whose decisive, tightly worded Dec. 1 ruling on presidential immunity revealed far more constitutional resolve than the toxic ambiguities offered by Roberts and his crew of Trump apologists.

Roberts’ Trump v. United States opinion – affirmed by two justices (Thomas, Samuel Alito) who arguably violated federal ethics law by not recusing themselves from this particular case and three more justices who owe their powerful lifetime appointments to Trump – clashes with not only the Declaration of Independence but the Constitution. The president has no legitimate role whatsoever in contesting election outcomes except as a litigant through the courts (in which Trump consistently failed in 2020). And the president certainly has no constitutional right to strong-arm and browbeat governors, state lawmakers and secretaries of state into violating the law.

The Roberts ruling signals not only the court’s plummeting legitimacy but our nation's decline. Consider President Trump's insistence in June 2019 that "Article II allows me to do whatever I want" or his Dec. 3, 2022, call for "termination" of the Constitution to return him to power. Then consider a post-presidential observation in 1913 by Theodore Roosevelt, one of our nation's most vigorous chief executives, yet one cognizant and respectful of our history and the Constitution in ways Trump and the high court are not: “My belief was that it was not only [the president’s] right but his duty to do anything that the needs of the nation demanded unless such action was forbidden by the Constitution or by the laws.”

Former federal jurist Michael Luttig, whose conservatism is beyond question, showed his contempt for the ruling by quoting American revolutionary Thomas Paine from “Common Sense” (1776): “But where, say some, is the king of America? . . . [S]o far as we approve of monarchy . . . in America the law is king. For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other.” For his part, Luttig in February joined in an amicus brief that asked the high court: "What kind of Constitution would immunize and thereby embolden losing first-term presidents to violate federal criminal statutes through either official or unofficial acts in efforts to usurp a second term?"

The answer, it turns out, pivots on a court that has forsaken originalism and is soaring well beyond our constitutional framework, desperately snatching bits and fragments of text out of context to bolster preposterous positions, paving the way for arguably America’s darkest days. The answer pivots on the court’s awe of a constitutionally contemptuous political figure who seeks to “ride the storm and direct the whirlwind.” As Luttig says, "the decision is irreconcilable with America's democracy, the Constitution and the rule of law." Yet many who pride themselves as patriotic Americans without fully understanding the American Revolution, the Constitution, Jefferson, Paine or Hamilton will celebrate this ruling.

Sotomayor’s rousing dissent finale has been widely quoted; equally relevant is her point that the court majority “invents an atextual, ahistorical and unjustifiable immunity that puts the president above the law.” And quoting the landmark 1821 Cohens v. Virginia ruling by a unanimous Marshall court, dissenting Justice Ketanji Jackson adds: “As we enter this uncharted territory, the People, in their wisdom, will need to remain ever attentive, consistently fulfilling their established role in our constitutional democracy and thus collectively serving as the ultimate safeguard against any chaos spawned by this court’s decision. For, like our democracy, our Constitution is ‘the creature of their will, and lives only by their will.’”

Yet Justice Jackson’s insights draw from another time. One fears America has settled into a bread-and-circus era when many of us rally around leaders who entertain and arouse us with demagoguery, uncouthness and hatred for fellow citizens, saying things decency, manners and political correctness once discouraged. We care little if such leaders cheat on their spouses with porn stars, get caught enriching themselves at the public trough, talk of becoming dictators or try to cancel out votes of our fellow citizens. As Alexis de Tocqueville observed after his travels through America in 1831, “A man's admiration for absolute government is proportionate to the contempt he feels for those around him.”    

In siding with Trump, the Roberts court also thumbs its nose at the spectacle of an angry, resentful mob of Trump supporters brutalizing police outside the U.S. Capitol and chasing lawmakers into hiding as it seized the building and delayed the constitutionally mandated certification of the presidential election. Had the mob stormed the nearby Supreme Court building, justices so desperate to reposition Trump for another destructive term in the American presidency might have had far more sobering thoughts about the rule of law in America. The Roberts court has lost its constitutional compass, let alone any moral compass. It is worthy of contempt and condemnation, infamy and irrelevance, now and forever.

Bill Whitaker spent 45 years as a reporter, editor and columnist in Texas journalism, including a dozen years as Waco Tribune-Herald opinion editor. He is a member of the Tribune-Herald Board of Contributors.