The Mole Tells All (Maybe)

On Saturday, August 18, 2018, The New York Times reported that White House Counsel Don McGahn has taken part in at least 3 voluntary interviews totaling 30 hours with Robert Mueller’s investigation team looking into the Russia probe over the past 9 months. He discussed a wide range of topics such as Donald Trump’s decision to fire FBI Director James Comey, National Security Adviser Michael Flynn’s ouster, and Trump’s public and private whining about Attorney General Jeff Sessions. According to the Times, McGahn fears Trump’s setting him up as a fall guy on potential obstruction of justice. And that he’d end up like his possible Nixonian counterpart John Dean who helped his boss cover up the Democratic Party headquarters break-in at the Watergate hotel. But he eventually flipped after Nixon fired him in 1973, secretly giving investigators crucial help while still on the job. Dean later pleaded guilty to obstruction of justice after striking a deal with the prosecution and received a prison sentence.

According to the New York Times report, two of Donald Trump’s original lawyers, John Dowd and Ty Cobb devised an “open-book strategy” for their client when the Mueller investigation began. The rationale behind this is obvious. After all, if Trump did nothing wrong, then he should be as cooperative as possible. Unlike his boss, while Don McGahn was dubious, he went along with the plan. And when the special counsel’s office asked him for an interview last year, he was “surprised” but complied when Trump and his lawyers gave him the go-ahead.

Not surprisingly, the report describes McGahn and his lawyer, William Burck as “stunned” at the Trump team’s willingness for him to talk to Mueller. So much they’ve developed a theory that McGahn’s being set up to take the blame for any possible illegal acts of obstruction of justice. So he and Burck decided to come clean with Mueller to demonstrate that he has nothing to hide. That McGahn is speaking with Mueller isn’t new, but to the extent he’s cooperating and his potential motivations for doing so are.
It’s not exactly clear that Donald Trump “appreciates the extent to which” Don McGahn has cooperated with Mueller. But you kind of have an idea he doesn’t appreciate it all that much. Yet, to Trump’s disappointment, McGahn doesn’t see himself as his boss’ personal lawyer. Rather, he sees himself as a protector of the presidency, not Trump. Besides, while McGahn has overseen Trump’s judicial appointments and deregulatory push at the White House, he has a distant relationship to his boss. According to the Times, the two men rarely speak. And when they do, chief of staff John Kelly and other advisers are usually present. And since McGahn calls his boss, “King Kong” behind his back, Trump has questioned his White House Counsel’s loyalty to him.

Nonetheless, as White House Counsel Don McGahn has had extraordinary access to Donald Trump and some of his most controversial moves. As the New York Times reported citing a dozen anonymous sources, McGahn has told investigators he knew of Trump’s role in firing FBI Director James Comey and repeated criticisms of Attorney General Jeff Sessions and his role in the Russia investigation before Trump hired outside counsel to deal with the matter.

To the surprise of no one, Donald Trump has been incensed by the New York Times report. For he raged about it on Twitter during the weekend. That same evening when the report came out, he tweeted, “I allowed White House Counsel Don McGahn, and all other requested members of the White House Staff, to fully cooperate with the Special Councel. In addition we readily gave over one million pages of documents. Most transparent in history. No Collusion, No Obstruction. Witch Hunt!” However, the Trump administration has been anything but transparent since we haven’t seen the guy’s tax returns. Trump has been fervently against the Mueller investigation since the very beginning and has gone out of his way to undermine it, including attempts to fire Mueller. In fact, McGahn threatened to quit when Trump considered firing Mueller last year and convinced his boss to work with the special counsel. And I don’t see Trump and his lawyers handing over a million document pages. On Sunday, he unleashed a string of angry tweets, calling the story “fake” and claiming he allowed McGahn and others to speak to Mueller in an effort to be transparent, “so that this Rigged and Disgusting Witch Hunt can come to a close.” Yet, given that the Trump administration is infamous for being one of the least transparent in presidential history.

Donald Trump then took specific aim at reporters Maggie Haberman and Michael Schmidt, referring to them as “fake reporters” and used them as an example of why the media has become the “Enemy of the People” as he often claims in his mass gaslighting. He also claimed that some members of the media called him to apologize and made a reference to the New York Times’ “disgusting new Board member.” While It’s not clear if he referred to the paper’s board of directors which both publisher A.G. Sulzberger and investor John Rogers, Jr. joined this year. Or its editorial board which tech writer Sarah Jeong was named to this month and who’s been attacked by right-wing activists alleging her of racism against white people. Let’s just hope it’s the former but given his decades-long racism, I strongly think he’s referring to the latter. Nonetheless, we must take Trump’s attacks of the media as gaslighting his base in to not believing negative coverage against him.

Nonetheless, the news of Don McGahn cooperating with Mueller has the potential to become a big deal. But it really depends on what McGahn told investigators and there are still a lot of questions about that. Even Donald Trump’s own legal team doesn’t seem all that sure if McGahn’s account hurts or helps their client. Yet, given that McGahn’s lawyers fully brief Trump’s legal team and how an angry Trump called him a “John Dean type ‘RAT’” on Twitter, my guess is the latter. Mueller and his attorneys know what McGahn told them and how it may or may not play into the obstruction of justice investigation. Yet, whatever it is, Mueller’s team isn’t giving any hints.

In the meantime, don’t assume that Don McGahn or that his testimony will help unseat Donald Trump like Dean’s did to Nixon. Trump expressly permitted his White House Counsel to speak to Mueller. Though his job legally obligated McGahn to testify since he represents the office of the president and works for the US government. So he couldn’t cite attorney-client privilege even if he wanted to. And if he refused, Mueller would’ve compelled him to do so. However, it’s notable the fact McGahn didn’t even try to avoid speaking with the special counsel, especially since the Trump administration is infamous for eschewing precedent. There are 2 possible reasons why he decided to simply comply with Mueller’s request. First, is that a futile court battle over his testimony would’ve made him look bad and raise suspicions that he and the White House have something to hide. Secondly, he might’ve seen little risk and even some reward in telling Mueller’s team about events that could constitute obstruction of justice.

Nor does it put Don McGahn in the clear. A former FEC commissioner, McGahn is a campaign finance expert and served as Donald Trump’s counsel 2016 election. In that capacity, he was presumably involved in the campaign’s hiring of British Cambridge Analytica employees. This raised the possibility of improper foreign contributions. McGahn may have known about the infamous Trump Tower meeting between a Russian lawyer and Trump campaign officials to get dirt on Hillary Clinton, a flagrant violation of campaign finance rules. McGahn might’ve even failed to rein in Roger Stone from the campaign as the latter allegedly bypassed election laws to seek Clinton dirt from foreigners. Since he has a long-time history with Stone and various dubious fundraising schemes, including those of Russian pay to plays dating back to his days as Tom DeLay’s attorney.

Whether Don McGahn has told any of the 2016 campaign to Mueller is a critical question. Citing Donald Trump as an unindicted co-conspirator in these alleged crimes may be Mueller’s strangest move. But since we don’t know, McGahn’s cooperation with the Mueller probe gives us a false impression of McGahn as a model of transparency with regard to the special counsel. The New York Times story over the weekend provides the White House Counsel with a publicity boost for its depiction of him as an honest broker with Mueller. But is he really? And it paints Trump as underestimating by the threat McGahn’s testimony on obstruction can pose to him at worst. In fact, Trump comes across as naïve about the investigation, which is an innocent deviation from his usual, panicked rage.

For now the New York Times story on Don McGahn may help Donald Trump’s public standing. Since it strengthens his claims of non-existent transparency and insinuates that McGahn has nothing to hide. However, the real test of McGahn’s candor will be if and when Mueller asks him to speak about the 2016 campaign. At that point, McGahn can invoke attorney-client privilege since he represented Trump at the time, which can trigger a genuine conflict with the special counsel.

Until then, keep in mind that Donald Trump and Don McGahn want us to think that Mueller has no reason to compel testimony, since they’re giving him everything he wants. Despite that it’s really not the case. Yet, by talking to Mueller about obstruction and publicizing these talks, McGahn doesn’t throw Trump under the bus, but may even strengthen the White House’s case amid looming conflict. Though he might’ve turned since no one else in the Trump administration knows what McGahn told Mueller either. Since such revelation has Trump extremely worried. But don’t get your hopes up.

The Legal Woes of Paul Manafort

On Tuesday, July 31, 2018, the first trial of Special Counsel Robert Mueller’s investigation commenced as former Trump campaign chair Paul Manafort faces a litany of charges relating to financial crimes and money laundering in Virginia. The financial crimes in question are quite spectacular and could result in sending Manafort to prison for the rest of his life. Yet, it’s merely a sideshow to Mueller’s larger investigation into the Trump campaign and Russia.

Paul Manafort’s trial is about an enormous amount of money he made during his years working Ukraine’s government and political leaders as well as the hefty loans he received from US banks. Mueller has alleged a years-long scheme of astonishing scope. According to him, Manafort first laundered $30 million from a web of undeclared offshore accounts into the US without paying taxes on it. After the Ukranian money stopped rolling in, he defrauded several US banks to get $20 million in loans. Manafort has pleaded not guilty on all counts.

However, many others think it’s really about Mueller trying to put pressure on Manafort so he’ll flip on Donald Trump and provide information about Russian collusion with the Trump campaign. Though the special counsel hasn’t confirmed such strategy, he has admitted to investigating Manafort regarding collusion and that his past work for a pro-Russian Ukranian political faction and other Russian ties seems obviously relevant.

In his political career, Manafort is somewhat of a legend within Republican circles who rose to fame with his work for Ford’s 1976 and Reagan’s 1980 presidential campaigns. After Reagan’s victory, Manafort decided to cash in by starting a lobbying, consulting, and PR firm alongside campaign colleague Roger Stone. The firm became infamous for representing controversial authoritarian regimes or opposition leaders abroad who served as proxies for the Reagan administration’s anticommunist foreign policy. With his media mastery, Manafort helped sanitize crooks like Philippines President Ferdinand Marcos and his shoe hoarding wife, Imelda, despite the number of people killed during their regime. Along with Angola’s Jonas Savimbi, Congo’s Mobutu Sese Seko, and Kenya’s Daniel Arap Moi, these thuggish dictators should never have been respectable figures in Washington. But Manafort reinvented them as allies in the cause of democracy and successfully lobbied for them to receive arms and aid from the US government. Yet, he’d also occasionally jump back into US politics such as manage the 1996 Republican National Convention.

As communism fell, the former Soviet Union became the scene of one of the biggest historic swindles. In Russia, the KGB steered billions of dollars into offshore bank accounts during the USSR’s dying days. These funds became the basis for some of the fortunes of the characters now appearing in the Russiagate scandal. During this time, it’s said that now Russian President Vladimir Putin amassed wealth totaling more than $40 billion. Russians who invested in Donald Trump over the years had many motives. Yet, the nature of kleptocracy suggests they were likely attempting to relocate their money to a place where it would both disappear from public view and have protections coming with the American rule of law.

By around 2004, Paul Manafort pursued bigger payoffs abroad through advising fantastically rich oligarchs in the former Soviet Union on how to master tumultuous democratic politics. He advised Russian billionaire Oleg Deripaska. But eventually his efforts focused on Ukraine, landing a lucrative contract to advise its pro-Russian Party of Regions and its leader Viktor Yanukovych. When Manafort got the gig, the political party was unpopular and in opposition. Yet, over the next few years, he’d orchestrate the party’s return to power and Yanukovych’s 2010 election as president. Once Yanukovych was in office, Manafort became enormously influential in the regime. According to the Atlantic, Manafort had “walk-in” privileges and billed “outrageous amounts,” while advising on domestic politics and lobbying in the US. During these years, Mueller claims that Manafort earned over $60 million. But in 2014, it all fell apart when demonstrators forced Yanukovych out of power and he fled to Russia. Meanwhile, Manafort and Deripaska had a falling-out with the latter suing the former over cheating him of millions. Nonetheless, during Manafort’s years in Ukraine, the country hemorrhage more than $118 billion in illicit financial flows. This theft came at the expense of its development as a market economy, sucked funds away from public investment, as well as eroded faith in democracy and Western institutions.

In 2015, Paul Manafort saw another opportunity in Donald Trump’s presidential candidacy. As an outsider candidate, Trump needed someone with expertise on party and convention rules who could lock down delegates for him. Since two longtime Manafort associates had Trump’s ear like Roger Stone and wealthy real estate investor Tom Barrack had pitched him for the job. After Trump hired Manafort in March 2016, his primary job was primarily leading a delegate-wrangling operation. But his portfolio gradually expanded until he was running the campaign. After then chairman Corey Lewandowski was drummed out for assaulting a Breitbart reporter in May, Manafort was officially named campaign chair and chief strategist. He then ran the effort through the last few primaries and the Republican National Convention for free. However, by mid-August, Trump had sunk in the polls while Manafort was dogged by damaging news reports questioning the legality of his Ukranian payments. So Trump forced him out and brought Kellyanne Conway and Steve Bannon to take over. As 2017 progressed with the Mueller’s Russia investigation, Manafort came under increased scrutiny resulting in his October indictment with new charges added this year.

Though Mueller originally indicted Paul Manafort in Washington, he wasn’t ready to bring the tax and bank fraud charges against him. This was either due to bureaucratic holdup or due to his team still assembling evidence there. But by February 2018, Mueller was ready to file them. But the catch was that the law required some of the counts charged in Alexandria, Virginia where Manafort actually lives. Unless Manafort specifically gave Mueller permission to charge him in DC, which wasn’t going to happen. This posed an interesting dilemma for him. On one hand, it’s easier and less expensive to just prepare for one trial than 2. Also, 2 separate trials give the prosecution 2 separate opportunities, before 2 different judges and different juries to convict him. This makes it a lucky break to get him off the hook entirely less likely to happen. On the other hand, Washington DC’s population is far more liberal and nonwhite than that of Virginia’s Eastern District. Manafort likely thought he had a better acquittal chance in the latter venue. Moreover, the specific charges that would be brought against him in Virginia likely played into his thinking. Compared to the DC charges, there are more of them and are generally viewed tougher to beat as well as mean a longer prison sentence. However, Manafort’s team hoped the Washington trial would be first since the charges were filed much earlier. But Virginia is known as a “rocket docket” for its speed in bringing cases to trial.

Paul Manafort’s trial in Virginia is about his money, particularly how he made it as he faces 18 counts. It’s expected to last 2-3 weeks. The government’s evidence exhibit list and witness list are both public, giving us a fairly good idea of the prosecution’s plans. Mueller’s team is presenting an assortment of financial documents, emails, photos, and other evidence to record Manafort’s spending from offshore accounts and alleged false bank loan submissions. As for witnesses, Mueller’s team is expected to potentially call up to 35 people to testify. Since this is a money case, they’re generally not big names. More likely, the witnesses are mostly accountants, financial institution employees, and little-known employees at Manafort’s firm.

However, there are 2 exceptions. First there’s iTad Devine, a Democratic consultant most famous for advising Bernie Sanders’ 2016 presidential campaign. But before that, he worked alongside Manafort in Ukraine. But the government’s star witness is Rick Gates, Manafort’s right-hand man who worked with him in Ukraine and the Trump campaign. In October 2017, Gates was charged alongside his boss in Mueller’s probe, but struck a plea deal in February 2018. Since he was Manafort’s closest business associate during this period, his testimony about what his boss said or thought could be important. On Monday, August 6, 2018, Gates took the stand against his old boss. Gates testified that he and Paul Manafort knowingly committed several crimes. At his boss’ direction, Gates didn’t report 15 foreign financial they controlled to the US government, even though they knew it was illegal. He also testified that Manafort directed him to send millions in foreign cash as phony “loans” to his US companies in order to avoid paying taxes on them. But even more damning, Gates admitted to embezzling hundreds of thousands of dollars from those accounts without Manafort’s knowledge, which the defense team has signaled they’d seize upon in an attempt to discredit him.

Beyond publicly claiming his innocence and hiring some expensive lawyers who’d take him, Paul Manafort’s defense strategy is basically trying to pin as many allegations against him as they can on Rick Gates instead. In fact, defense lawyer Thomas Zehnle has focused much of his opening statement attacking Gates, claiming that Manafort had merely, “placed his trust in the wrong person,” accusing Gates of embezzling, and calling Gates the “foundation of the special counsel’s case.” Obviously, this is a longshot strategy since Mueller’s team has already called 30 other witnesses and has plenty of documentary evidence to make the case that Manafort knew what he was doing. So they’re not just relying on Gates’ word alone. Nonetheless, given the sheer volume of evidence, going after Gates is the defense’s best bet. Should Gates come off as credible to the jury, Manafort is sunk. But should the defense’s attack on Gates succeed in planting doubt in jurors about the prosecution as a whole, that could be Manafort’s best chance of avoiding a guilty verdict.

The first set of charges, which Mueller refers to as “the tax scheme,” relate to Manafort’s flush years when the Ukranian money poured into his coffers by the tens of millions in US dollars. According to Mueller, Manafort set up a complex web of offshore shell companies before spending $30 million of that cash in the US between 2008 and 2014. About $12 million of that offshore money was spent on personal items for Manafort and his family spread across over 200 transactions. This includes about $5.4 million to a home improvement company in the Hamptons, $1.3 million tied to a Virginia antique rug store, $849,000 or so to a New York men’s clothing store, $819,000 on landscaping, and several payments for several Range Rovers and a Mercedes Benz. Another $6.4 million in offshore cash was wired for 3 real estate payments: $1.5 for a New York City condo, $3 million for a Brooklyn brownstone, and $1.9 million for a Virginia house. On top of that, Manafort allegedly sent another $13 million as “loans” to US companies he controlled. Yet, the government call these “shams” designed to fraudulently reduce his taxable income. According to Mueller, all this violated the law in 2 ways:

  • False income tax returns (5 counts): Manafort didn’t report any of this money on his income tax returns or taxes paid on it. He also lied on those tax returns that he had no authority over any financial accounts in foreign countries. He faces one count for each tax year from 2010-2014.
  • Failure to report foreign bank or financial assets (4 counts): Manafort also didn’t report any of his foreign accounts to the Treasury Department by filing a legally required disclosure called a FBAR form. He faces one count for each year from 2011-2014.

Then there’s the second set of charges which Mueller refers to as “the financial institution scheme.” According to him, after Yanukovych was deposed and the Ukranian money dried up, Paul Manafort was desperate for cash and made a series of fraudulent to banks in an effort to get hefty mortgage loans or “to have the benefits of liquid income without paying taxes on it.” All the charges here are either bank fraud (4 counts) or bank fraud conspiracy (5 counts) relating to several different loans from 2015-2017, which are:

  • To get $3.4 million on a New York City condo, Manafort falsely told a lender that the property was a second home when it was a rental. But he failed to disclose previous mortgage debt, and falsely claimed it was forgiven after the lender discovered that debt.
  • Searching for another loan, Manafort submitted a doctored profit and loss form to a different potential lender overstating his consultant firm’s income by more than $4 million.
  • To get a $5.5 million loan on a Brooklyn brownstone, Manafort didn’t disclose that he already had a loan on that property and got an associate to submit a form overstating his firm’s income by $2 million.
  • To get loans of $9.5 million and $6.5 million on 2 properties, Manafort again submitted doctored profit and loss forms overstating his family’s income by millions. He also falsely claimed he had $300,000 debt on his American Express card only because he lent it to his former aide Rick Gates.

Though sprawling as it seems, Paul Manafort’s Virginia trial is just the start of his legal woes since Mueller has also indicted him on a set of 7 charges in Washington DC for a trial scheduled in September. Generally, this DC trial will focus more on Manafort’s actual work in Ukraine, rather than his money. The charges include conspiracy to defraud the United States and making false Foreign Agent Registration Act (FARA) statements. Additionally, in June, Mueller brought 2 new charges related to attempted witness tampering. According to the special counsel, Manafort and a Russian associate contacted witnesses and urged them to give a false story. After these new charges, DC Judge Amy Berman Jackson sent Manafort to jail to await trial, arguing he’d “abuse the trust” placed in him by the court system.

While the many, many charges against Paul Manafort are egregious, they have nothing to do with Russia interfering in the 2016 presidential election. But he has been a central figure in the Mueller probe’s aspect for the very obvious reasons he spent years working for pro-Russian politicians in Ukraine and was in debt to a Russian oligarch. Then there are 2 curious incidents during the Trump campaign Manafort was tied to. First, in June 2016, he attended Donald Trump Jr.’s infamous Trump Tower meeting with a Russian lawyer and other Russia-tied figures. Though attendees claimed that despite the meeting was set up with the promise on Hillary Clinton dirt, nothing of consequence happened.
Second and more importantly, there’s a set of suspicious contacts Manafort had with 2 Russian nationals. One was the aforementioned Russian oligarch he’s indebted to, Oleg Deripaska. The other is his former employee from Ukraine Konstantin Kilimnik, who Mueller says has ties to Russian intelligence. Kilimnik was also indicted in June alongside Manafort for alleged witness tampering but it’s unlikely he’ll face trial in Russia.

Anyway, during the 2016 campaign, Manafort and Kilimnik exchanged a series of cryptic emails about Deripaska and apparently, money. In April 2016, Manafort asked, “How do we use to get whole. Has OVD operation seen?” Kilimnik wrote that July, “He will be most likely looking for ways to reach out to you pretty soon.” Manafort answered, “If he needs private briefings we can accommodate.” At the end of the month, Kilmnik wrote that he had met with, “the guy who gave you your biggest black caviar jar” and that “I have several important messages from him to you.” Investigators believe that “black caviar” refers to money. We’re not yet sure what was going on here. It could be where Trump-Russia collusion occurred. Yet, it’s just as likely that Manafort was going rogue trying to get paid since he was desperate for cash at the time. Nonetheless, while Mueller continues investigating Manafort for collusion-related crimes, no charges have yet resulted from that part and its current status remains unclear.

Publicly, more of Robert Mueller’s activity has been focused on Paul Manafort than on any single person involved in the Russia investigation despite that none of the 25 charges against him so far have anything to do with election interference. The most common proposed explanation is that Mueller believes Manafort has important information for the collusion probe. And that he’s brought so many other charges against him as pressure in hopes he’ll “flip” and spill what he knows. Given how the special counsel charged Rick Gates with past Ukraine-related crimes and withdrew nearly all counts as soon as he agreed to cooperate, it seems very likely. Though it’s also possible that Mueller is sending Manafort to prison for what he sees as repeated violations and doesn’t really care whether he flips or not.

Still, if Mueller is trying to get Paul Manafort to flip, it hasn‘t worked. As of now, he faces 25 charges that could easily put him in jail for the rest of his life and the evidence of many if not most of these counts appear quite strong. But Manafort has pleaded not guilty to everything and has given no public indication he’s considered flipping. Why? Perhaps he has nothing to flip with. Either Manafort wasn’t involved in the collusion or has nothing on Donald Trump or anyone else Mueller cares about. But it’s more likely that Manafort is just holding out hope that he can beat the charges. A darker possibility is that, given an apparent series of Russian-linked assassinations in the West, Manafort fears violent reprisals against himself or his family should he give information implicating Russians. However, given that Gates worked alongside him for Russia-connected clients and still flipped, the idea doesn’t hold water. Unless Gates is an insanely brave man. But criminal associates usually flip to avoid something whether it be a long prison sentence or worse. And that Gates most likely flipped since he’s much younger on Manfort and has young children.

Nonetheless, the most likely reason that Manafort keeps mum is that he’s holding out for a Donald Trump presidential pardon. After all, last year, The New York Times reported that Trump’s then-lawyer John Dowd discussed a possible presidential pardon with Manafort’s lawyer. Rudy Giuliani has recently floated the idea as well. Yet even a pardon may not be a get-out-of-jail-free card. There’s a host of complications involved ranging from potential state charges against him which Trump can’t pardon away to the prospect that Manafort would no longer be able to avoid testimony by pleading the Fifth on certain matters. Besides, given to what befell Michael Cohen, Trump is unlikely to pardon anyone unless the outcome is beneficial to him. Say what you want about Joe Arpaio and the Hammonds, but their pardons at least appeal to the Republican base. Given that Manafort is somewhat a legendary figure among Republicans, holding out for a pardon might work in his favor. However, the fact he’s gained notoriety as a man who worked for pro-Russian oligarchs and dictators for cash to buy an ostrich coat, we shouldn’t bet on it.

Lordy, There Are Tapes

On Thursday, July 26, 2018, federal authorities seized more than 100 tape recordings made by former Trump attorney Michael Cohen, including the bombshell tape CNN published 2 days earlier appearing to feature Donald Trump discussing a payoff to former Playboy model Karen MacDougal. Yet, while Trump only makes a cameo in some of the fragments, the tape released is only one featuring a substantive conversation between the two men. Though a number of tapes reportedly capture conversations Cohen had with journalists asking about his former boss. While others may have included talk sometimes touching on Trump and his unethical business practices.

In the tape released on CNN, Donald Trump and Michael Cohen can be heard discussing a payment to Karen MacDougal, who received $150,000 in exchange for selling her story about her Trump affair to the National Inquirer. The American Media, Inc. publication bought her tale specifically to keep her quiet. Yet, this recording confirms that Trump knew about Cohen’s involvement in the MacDougal payoff. Nevertheless, Cohen’s MacDougal tape release seemed to suggest that his once steadfast allegiance to Trump had truly begun to waver.

According to Cohen’s attorney and longtime Clinton ally, Lanny Davis, Michael Cohen would occasionally secretly record conversations with clients in lieu of taking notes. As he told the Washington Post, “Michael Cohen had the habit of using his phone to record conversations instead of taking notes. He never intended to make use of the recordings and certainly didn’t intend to be deceptive.” Still, these revelations around this new tape trove are only the latest developments hinting that Trump’s self-described “fix-it guy” might’ve been considering to flip.

On Friday, July 27, 2018, Michael Cohen has become willing to tell Special Counsel Robert Mueller that Donald Trump had advance knowledge of the infamous 2016 Trump Tower meeting in which Russians offered campaign aides Hillary Clinton dirt. In case you don’t know, on June 9,2016, Donald Trump Jr., Jared Kushner, and Paul Manafort met with a Russian lawyer and 4 others with Russian ties. An email to Trump Jr. Setting up the meeting claimed the Russian government had incriminating information on Clinton to offer. Yet, though all parties present nothing of significance came out of it, it has played a major role in Mueller’s investigation whether the Trump campaign colluded with the Russians to interfere in the 2016 campaign. According to CNN, “Cohen alleges that he was present, along with several others, when Trump was informed of the Russians’ offer by Trump Jr. By Cohen’s account, Trump approved going ahead with the meeting with the Russians, according to sources.” While Cohen didn’t have a tape recording on him at the time nor evidence to corroborate this claim, his revelation comes as a surprise to no one.

Robert Mueller reportedly wants to ask Donald Trump when he learned about the Trump Tower meeting. He’s also investigated the false statement claiming adoptions, Trump helped his son draft last July in response to the meeting’s early reports. But while there’s been a lot of talk about Michael Cohen potentially flipping on Trump, there’s not yet word of him in talks with prosecutors about a plea deal. If Cohen eventually turns on his former client, this investigation might not be the only one where he’ll face questions.

So why would make the longstanding loyal Michael Cohen decide to flip? Mostly because while Donald Trump may expect unwavering loyalty from his subordinates, he usually doesn’t return the favor the associate in trouble starts becoming a liability. Cohen is no different since he’s currently under federal criminal investigation on his business dealings and payments he made covering up Trump’s alleged extramarital affairs. And there’s an open question around whether some of these payoffs were campaign finance violations since they were made in during the 2016 presidential campaign. As the pressure grew on him in recent months following a government office raid, Cohen reportedly felt Trump abandoned him with much of his recent reaction apparently fueled by a sense of betrayal. A Cohen associate characterized Trump’s treatment of his former attorney as akin to “leaving him out in the wilderness.”

Adding to Michael Cohen’s troubles, federal investigators from New York’s Southern District have subpoenaed Trump Organization CFO Allen Weisselberg to testify in front of a grand jury since he was named-dropped in the September 2016 tape as well as linked to the hush money payment to Stormy Daniels. In the latter, he set up a $35,000 retainer for Cohen from Trump’s personal trust as a repayment to the $130,000 hush money Cohen arranged for Daniels. Though it’s unclear if Weisselberg knew of the retainer’s purpose as a reimbursement for Daniels’ payoff. However, his mention hints at the possibility that the Trump Organization was directly involved in discussions to reimburse National Inquirer publisher AMI for MacDougal’s hush money payment. Weisselberg’s subpoena is a huge deal since he’s worked for the Trump Organization for decades as well as Trump’s father Fred in the 1970s. Since Trump became president, Weisselberg has co-managed the Trump Organization with his boss’ elder sons and is crucial to the business. He’s also listed as treasurer of the Trump Foundation, which the New York Attorney General’s Office sued for violating state and federal laws as well as did Trump’s personal tax returns for at least some years. So if there’s anything shady in Trump or his company’s finances, Weisselberg would know about it. As TrumpNation author Timothy L. O’Brien wrote in Bloomberg:

“Weisselberg isn’t a bit player in Trumplandia and his emergence on the Cohen-Trump recording — as someone possibly facilitating a scheme apparently meant to disguise a payoff — should worry the president. Weisselberg has detailed information about the Trump Organization’s operations, business deals and finances. If he winds up in investigators’ crosshairs for secreting payoffs, he could potentially provide much more damaging information to prosecutors than Cohen ever could about the president’s dealmaking.”

A former Trump Organization employee told NBC’s Katy Tur that “Alan [sic] knows where all financial bodies are buried within the Trump organization. He knows Trump’s net worth. He knows any and every expenditure out of Trump Org was approved by Alan [sic].” While Cohen might flip, he’s not the only one to know about Donald Trump’s financial secrets, particularly his Russian ties and his tax returns. After all, O’Brien writes that Weisselberg, “knows more about the Trump Organization’s history and finances than nearly anyone.” And if he admits to anything, it’ll be only a matter of time that he’ll be in hot water as Trump leaves him to the dogs.

But whether Michael Cohen flips or not, Donald Trump has slammed his taping of their discussion as “inconceivable” as if he framed his longtime amoral stooge as a villain and seeking to cast doubt on any negative ramifications this conversation might have for him. “Why was the tape so abruptly terminated (cut) while I was presumably saying positive things?” he tweeted. Trump attorney and sycophant Rudy Giuliani has acknowledged the tape’s existence but denied that his client did anything wrong. “Nothing in that conversation suggests that he had any knowledge of it in advance,” he told The New York Times. Then in a moment of idiocy, he added that Trump even passed for using a check to ensure proper documentation if any payment should transpire. Still, given that Cohen is facing serious legal jeopardy with charges of bank fraud, wire fraud, and potential campaign violations and Trump is unlikely to help him, we may one day see the fixer flip indeed.

Nonetheless, Michael Cohen’s tapes of Donald Trump and testimony about the Trump Tower meeting puts Trump’s duplicity on full display. Or at least confirm many people’s suspicions. Prosecutors may love tapes but so do juries that will eventually convict. Thus, even if the tapes don’t prove anything, the evidence is damning.

A Disgrace to the Nation, a Disgrace to the Presidency

I have not been shy about my fierce antagonism to Donald Trump. But his Helsinki summit with Russian President Vladimir Putin culminated in a show stopping trainwreck that should’ve shocked nobody but generated bipartisan outrage across the United States. On Monday, July 16, 2018, Trump held a friendly rendezvous with Putin who sabotaged an American election on his behalf. And he has been rewarded by seeing an American foreign policy turn in a pro-Russian direction.

When Donald Trump issued a plea on a podium in Doral, Florida on July 27, 2016, he stated, “Russia, if you’re listening, I hope you’re able to find the 30,000 emails that are missing.” We all know he was referring to the emails Hillary Clinton had deleted as irrelevant to her work as Secretary of State. But for those who don’t understand, Trump was publicly asking for Russian agents to break into her computer systems, steal documents she had erased, and release them to the public. And according to recently released indictments Special Counsel Robert Mueller revealed a few days before, that same day, for the first time, Russian hackers attempted to hack into, “email accounts at a domain hosted by a third-party provider and used by Clinton’s personal office.” They also, “targeted seventy-six email addresses at the domain for the Clinton campaign.” Now Russia’s campaign to interfere in the election had been an ongoing campaign as early as March that year. What Trump’s request seems to have done was focus efforts on Clinton’s inbox. There are plenty of plausible explanations of wat happened here. Maybe the Russians heard Trump’s call and heeded it. Perhaps Trump’s invitation was attached to a private plea to Russian contacts like one sent by either Paul Manafort or Roger Stone. It’s possible the whole thing was just coincidental. But we should resist the tendency to speculate since it’ll just distract us from what we do know. And it’s damning.

Nonetheless, it should be glaringly apparent that Vladimir Putin is not our friend. He does not share our values nor does he care for democracy. In fact, he rules Russia as a kleptocratic dictator with a repressive iron fist. For God’s sake, the guy had his critics and political opponents murdered, including journalists and ex-spies like Alexander Litvanenko in Great Britain. It’s obvious that Russia couldn’t have meddled in the 2016 presidential campaign by hacking into the DCCC, DNC, and Hillary Clinton’s team without his orders. And we know they orchestrated this massive information theft on the Dems and used it to help Donald Trump win. Not to mention, Russia’s efforts to help Trump win included social media campaigns to inflame racial divisions on his behalf with armies of bots meant to elevate stories boosting him and hurting Clinton along with efforts to compromise state voting machines. None of this is in doubt.

Even before Donald Trump decided to run for president, the Russian ties were there. In 2008, Donald Trump Jr. said of the Trump Organization, “Russians make up a pretty disproportionate cross-section of a lot of our assets.” And in 2014, Eric Trump added, “We don’t rely on American banks. We have all the funding we need out of Russia.” From 2003-2017, “buyers connected to Russia or former Soviet republics made 86 all-cash sales — totaling nearly $109 million — at 10 Trump-branded properties in South Florida and New York City.” Trump’s onetime campaign manager Paul Manafort had ties to the Kremlin and was deeply in debt to Oleg Deripaska, a Russian oligarch, closely connected to Vladimir Putin. And he was keeping in touch with this guy’s team during the election as well as asked of his powerful position in the Trump campaign, “How do we use [it] to get whole?”

Yet, we also know that Donald Trump has repeatedly praised Vladimir Putin even at considerable political cost after asking Russia to hack into Clinton’s emails, which it did. We know that Trump associates like Roger Stone seem to have advanced warning of the hacked emails’ release. We know that the willingness to cooperate with the Russians wasn’t one of Trump’s idiosyncratic musings. It was suffused in the Trump campaign’s top ranks since members of his inner circle like Donald Trump Jr., Jared Kushner, and Paul Manafort eagerly accepted a meeting with Russian operatives promising Hillary Clinton dirt. And that Trump dictated the statement lying about the infamous Trump Tower meeting’s purpose. Additionally, we know the Trump campaign interfered in the Republican National Committee’s platform drafting to softening the language on Russia and Ukraine. We know that Jared Kushner sought a secret communications channel with the Russians so the US government couldn’t hear their negotiations.

The Russia strokefest even carry on to Donald Trump’s presidency for there has never been a single issue haunting his administration as long or as much as his Russian ties. Since his election, he’s bucked his party, his administration, and decades of foreign policy in attempts to shield Russia from sanctions for electoral interference, pull American support back from NATO and the European Union, and forge a closer relationship with Vladimir Putin. Then there’s Trump’s own testimony about firing FBI Director James Comey to end his investigation into Russia’s role into the 2016 election. In addition, he wanted to fire Attorney General Jeff Sessions and Deputy Attorney General Rod Rosenstein for failing to protect him from the investigation. An it’s no wonder the Trump administration has moved from arguing that Trump didn’t obstruct justice to arguing that by definition, the president can’t obstruct justice. All of this leads to Trump insisting on the Helsinki meeting with Putin over his staff’s objections and despite the absence of any clear agenda.

Indeed, Donald Trump addressed the election hacking during his joint press conference with Vladimir Putin. “I will tell you that President Putin was extremely strong and powerful in his denial today,” he said. Well, you think? Because of course he’d deny that he’d have anything to do with election hacking despite all evidence to the contrary. Trump then added, “And what he did is an incredible offer. He offered to have the people working on the case come and work with their investigators with respect to the 12 people. I think that’s an incredible offer.” Uh, no it’s not. If anything, that’s like having Al Capone offering to help the cops with the investigation over the guys involved in the Saint Valentine’s Day Massacre. You know that things won’t turn well. If anything, Putin isn’t interested with working with the Mueller investigation. More likely he’d offer to help with respect to draw people from the Mueller team into Russia to kill them.

Donald Trump then attacked US intelligence services and again mused how much better it might’ve been if Russia cracked into Hillary Clinton’s server and gotten her documents. “What happened to Hillary Clinton’s emails?” he demanded as if anyone cared about her emails 2 years after the 2016 election. “33,000 emails gone — just gone. I think in Russia they wouldn’t be gone so easily.” Even his allies were dumbstruck, with former Bush press secretary Ari Fleisher tweeting: “I continue to believe there was no collusion between the Trump campaign and Russia. But when Trump so easily and naively accepts Putin’s line about not being involved, I can understand why Ds think Putin must have the goods on him.” Asked if Russia had compromising material on Trump, Putin replied, “it’s difficult to imagine utter nonsense on a bigger scale than this. Please disregard these issues and don’t think about this anymore again.” Though you can imagine him privately laughing maniacally with fellow Russian officials. When asked about whether he holds Russia accountable for their actions contributing to the deterioration in the US-Russia relationship, he replied in an answer reeking of treason:

“Yes, I do. I hold both countries responsible. I think the United States has been foolish. I think we have all been foolish. We should have had this dialogue a long time ago, a long time, frankly, before I got to office. I think we’re all to blame. I think that the United States now has stepped forward along with Russia. We’re getting together and we have a chance to do some great things, whether it’s nuclear proliferation in terms of stopping, we have to do it — ultimately, that’s probably the most important thing that we can be working on.

“I do feel that we have both made some mistakes. I think that the probe is a disaster for our country. I think it’s kept us apart. It’s kept us separated. There was no collusion at all. Everybody knows it. People are being brought out to the fore. So far that I know, virtually, none of it related to the campaign. They will have to try really hard to find something that did relate to the campaign.

“That was a clean campaign. I beat Hillary Clinton easily and, frankly, we beat her. And I’m not even saying from the standpoint — we won that race. It’s a shame there could be a cloud over it. People know that. People understand it. The main thing — and we discussed this also — is zero collusion. It has had a negative impact upon the relationship of the two largest nuclear powers in the world. We have 90 percent of nuclear power between the two countries. It’s ridiculous. It’s ridiculous what’s going on with the probe.”
He’s basically saying that the US is no better than Russia. And that he won a clean campaign so all what the Mueller probe is doing is hurting our relationship with Russia.

Despite that 12 Russian agents hacked into Democratic emails on Putin’s orders and for Trump’s benefit. And the Trump team was eager to let it all happen. Later, when asked specifically about Russia-backed hackers stealing Americans’ private correspondence, Donald Trump replied: “My people came to me, [Director of National Intelligence] Dan Coats came to me, and some others, and said they think it’s Russia. I have President Putin; he just said it’s not Russia. I will say this. I don’t see any reason why it would be, but I really do want to see the server. But I have confidence in both parties.” Uh, Coats and his team didn’t think it’s Russia. They said it was Russia. But anyways, as president of the United States, Trump stated that he has equal confidence in Vladimir Putin and the American intelligence community the same way he believes that both the white supremacists and counter-protestors in Charlottesville were “very fine people.” Such remarks are politically baffling since such remarks only undermine his position. The simplest explanation for why a president who happily outsources his domestic policy to Paul Ryan and his judicial nominations to the Federalist Society insists on freelancing around Russia is that there’s a genuine meeting of minds between Trump and Putin on a wide range of issues.

Take the matter of the natural gas pipeline Nord Stream 2 Germany plans to build which Russia hawks in the US and Europe have long been concerned about. Such pipeline would give Russian fossil fuels more access to the European market. Donald Trump often likes to criticize Germany but rarely likes to bash Russia. But somehow, he surprised many observers by criticizing this pipeline at the NATO Conference in Brussels. On the surface, it appears that Trump had tried to ingratiate his passion for making trouble with German Chancellor Angela Merkel with something resembling routine American foreign policy. But the Helsinki summit quickly dashed those hopes. Asked by a Russian journalist about the pipeline and how he’d characterize the US-Russia relationship, Trump made it clear his pipeline concern isn’t that it would give Russia undue political leverage over Germany, but simply that would be bad for fossil fuel interests:

“I called him a competitor, and a good competitor he is. I think the word competitor is a compliment. I think that we will be competing when you talk about the pipeline. I’m not sure necessarily that it’s in the best interests of Germany or not. That was a decision that they made. We will be competing. As you know, the United States is now, or soon will be, but I think it is right now the largest in the oil and gas world. So we’re going to be selling LNG. We’ll have to be competing with the pipeline. I think we will compete successfully. Although there is a little advantage locationally. I wish them luck.

“I discussed with Angela Merkel in pretty strong tones. But I also know where they’re coming from. They have a very close source. We will see how that all works out. But we have lots of sources now. The United States is much different than it was a number of years ago when we weren’t able to extract what we can extract today. So today, we’re number one in the world at that. I think we will be out there competing very strongly. Thank you very much.”

Essentially, Donald Trump’s view on the relationship with NATO to Nord Stream 2 make absolutely no sense. But it’s consistent with his overall worldview. While a normal US leader may worry that Russo-German energy ties might undermine Germany’s ability to lead an independent Europe at a political level, Trump’s objection is backward. He doesn’t think it’s worth America’s while to contribute to Europe’s defense through NATO if Europe turns around and buys Russian gas. He defines Russia as a “competitor” to the United States exclusively in the commercial sphere rather than a geopolitical one. That’s why he called the EU a “foe” in much stronger terms in regards to competition levels in export markets. If you view world affairs through a mercantile like Trump does, then America’s closest allies who are mostly rich democracies are our biggest enemies and deterring Russian expansionism is a waste of cash. Nonetheless, it’s time to accept that this is what Trump really thinks and that’s how he’s governing accordingly.

In New York Magazine, Jonathan Chait published a speculative idea that Donald Trump had been a compromised Russian agent since the 1980s, which though chilling borders more on conspiracy theory than anything else. It’s more likely that Trump is more concerned on how the Russian election meddling for his behalf may render his electoral victory illegitimate. Though he doesn’t care much about how to win since he’s employed dubious means in the past. In fact, he’s more worried about getting caught. Nevertheless, like much of the debate, Chait’s piece reflects the view we’re still largely in the dark about the Trump Organization’s true nature of its relationship with Russia. Except we’re not. In fact, we know a vast amount about Trump’s Russia connections, Russia’s role in the 2016 election, the Trump Organization’s efforts to conceal Russian contacts, Trump’s efforts to impede the investigation into the matter, and about his treatment of Russia, Putin, and NATO since his election. As former NSA official and executive editor of Lawfare Susan Hennessy told Vox, “Every single time we’ve heard of that the Russians reached out to offer something — dirt on Hillary Clinton, access to another trove of emails, secret meetings, back channels — the common theme of every single individual in Trump’s orbit was, ‘Yes. Help us out.’ That is the really astounding picture that has emerged.”

While there is much left to find out, learning the truth is important for its own sake. Yet, the obsessive focus on what we still don’t know reflects a hope among Donald Trump’s opponents that Mueller will find something, reveal something, or bait Trump into doing something that will trigger consequences of some kind. However, there’s nothing so automatic in the system. And there’s no reason to believe further revelations would call forth that kind of response. At this point, the big issue isn’t what we don’t know. It’s what to do with what we do know.

Thanks to politics, the 2018 and 2020 elections can’t and won’t act as a clear way for accountability on Donald Trump and Russia. From issues such as Supreme Court justices, tax policy, Obamacare’s future, civil rights, workers’ rights, and environmental regulations, there is too much at stake at any given election these days and there are too few choices available for voters for them to answer a problem as complex and unusual as this one. This is especially true since Republicans control both houses of Congress and many in the House have went out of his way to protect him. Because they know their future is tied to Trump’s survival. Anything that weakens his administration weakens their 2018 reelection prospects, their ability to fill judgeships, and their ability to pass tax cuts. Thus, their political lives depend on Trump’s political strength.

It’s hard to remember now that Donald Trump entered the White House with an unexpectedly low level of support from his own party. Vulnerable Republican senators and House members refused to admit voting for him while Speaker Paul Ryan stated he’d no longer defend him. As a candidate, Trump was personally hostile to a number of established GOP figures like US Senator Ted Cruz and expressed heterodox views on a wide range of policy issues. Theoretically, it could’ve led to an unusual dynamic where congressional Republicans subjected Trump to an uncommonly stringent level of oversight for a same-party president, and Trump engaged in an uncommonly high level of policymaking cutting across established party lines. In practice, Trump and the GOP reached a Faustian compromise. Republicans would give no restraint whatsoever on Trump’s personal corruption or financial conflicts of interests. While Trump won’t attempt to pursue heterodox agendas on infrastructure, healthcare, anti-trust, etc. that he promised on the campaign trail, which was easy enough since he made them to give socially conservative white working-class voters no incentive to vote with their economic interests. And he doesn’t care much about those supporters anyway and had no plans on fulfilling what he promised them. The deal has worked well on domestic issues, culminating in the nomination of Brett Kavanaugh to succeed Anthony Kennedy on the Supreme Court.

But it’s begun falling apart on foreign affairs after a successful 2017. Coats, Defense Secretary James Mattis, and others with conventional conservative Republican views hold key advisor jobs in the Trump administration. However, Trump had no interest taking their advice since he thinks that advice is wrong. And now he’s acting to unravel America’s global trading relationships, doing what he can to undermine NATO and the EU, trying to find excuses to get out of defense obligations to South Korea, and otherwise implement a mercantilist vision he’s articulated over and over again. Thus, it’s time for congressional Republicans to stop issuing gutless statements denouncing him and start taking this seriously as his policy agenda. But since Republicans place a higher value on party unity than the foreign policy issues they claim to stand for, they will do whatever they can to stay in Trump’s good graces and avoid angering his base before the upcoming midterm elections. Because they don’t want to jeopardize their legislative agenda, they’ll let their Snowflake King take a sledge hammer on decades of US foreign policy on Russia and other issues. At the same time, the mainstream GOP tries desperately to at least pretend they can be anti-Putin and pro-Trump. However, the Trump-Putin presser makes it clear that it’s impossible.

Meanwhile, congressional Democrats don’t have the power to do anything right now and are more focused taking back Congress back in 2018. But even if they do win the election, their priority will be retaking the presidency in 2020. So they’ll more likely focus on healthcare and Social Security, not Russia and the 2016 campaign. Thus, it’s best we don’t expect impeachment down the line in the foreseeable future. Since while the Democrats can successfully impeach him and remove him from office quite easily once they’re in power, that might mean President Mike Pence. And no one in the Democratic Party wants that.

As for the rest of the legal system, well, there’s nothing necessarily illegal about Donald Trump publicly asking Russia to hack Hillary Clinton’s emails. Just as there’s nothing illegal about him pursuing a stunningly pro-Putin foreign policy after receiving Russia’s aid. The actual hacking was illegal, no doubt. But who’s going to hold Russia accountable for that? It won’t be the Trump administration who asked for and benefitted from their help. For when asked by a Reuters journalist “Do you hold Russia at all accountable for anything in particular” that has contributed to the decline in the US-Russia bilateral relationship, Trump delivered the defining answer of his foreign policy that he doesn’t. Nor did he object to Vladimir Putin’s oppression, Russia’s 2008 effort to dismember the former Soviet Republic of Georgia, Russia-backed forces shooting down Malaysia Airlines Flight MH-17 and killing hundreds of civilians, Russia’s invasion of Crimea, its subsequent invasion of Eastern Ukraine, Russia’s apparent use of a deadly nerve agent in the UK, or of course, the computer hacking associated with the 2016 election.

Though Mueller’s indictments were announced just before the infamous Trump and Putin summit, it first led to talk of whether Trump might cancel it meeting (which he didn’t) and then speculation over whether and how he’d confront Putin over Russia’s actions. But everyone knows that Trump’s actual response to Russia’s intervention on his behalf has always been of gratitude and solicitousness. So what other response is there to a world power doing exactly what you asked of them in a time of political need?

Nevertheless, after a massive bipartisan condemnation of Donald Trump’s disastrous press conference with Vladimir Putin in Helsinki where he questioned Russian meddling in the 2016 election, Trump held a surprise press conference the next day to walk back on his comments. Sitting at a table with members of Congress, he read clearly prepared statement asserting he had “accepted” US intelligence’s findings that Russia was behind cyberattacks leading up to the 2016 election. He claimed he had misspoken about the press conference when he questioned the idea of Russian interference which might be plausible in theory. But take his statement in the context of what Trump actually said, it makes no sense. And it’s very clear he’s still expressing skepticism about Russia’s guilt as he states:

“My people came to me, Dan Coats came to me and some others; they said they think it’s Russia. I have President Putin. He just said it’s not Russia. I will say this. I don’t see any reason why it would be, but I really do want to see the server. But I have confidence in both parties. … I think it’s a disgrace that we can’t get Hillary Clinton’s 33,000 emails.

“So I have great confidence in my intelligence people, but I will tell you that President Putin was extremely strong and powerful in his denial today. And what he did is an incredible offer. He offered to have the people working on the case come and work with their investigators, with respect to the 12 people [Russian agents indicted by special counsel Robert Mueller for election interference]. I think that’s an incredible offer.”

What he’s saying is that there’s a conflict between US intelligence and Russia claims, that he’s not sure who’s right, and that he’d appreciate Russian intelligence’s help in clearing up what happened. Despite the fact that the 12 newly indicted Russians were intelligence agents so we’re in no position to trust Russian intelligence on such matters whatsoever. What’s more he still reiterated his skepticism when he said, “I accept our intelligence community’s conclusion that Russia’s meddling in the 2016 election took place,” following it up with, “Could be other people also. A lot of people out there.” He still doesn’t believe Russia is involved and he’s trying to convinced us that he didn’t mean what he said. Let’s not kid ourselves that Trump’s trying to gaslight the entire world and assert something he didn’t by sheer force of confidence. He’s brazenly lying to us and we shouldn’t let him get away with it. Russia meddled with the 2016 presidential campaign of which can there be no doubt. We shouldn’t believe otherwise.

Yes, Virginia, There Was a Manchurian Candidate and Now He’s President

While Donald Trump was out of the country acting like a complete disgrace toward our closest ally, Special Counsel Robert Mueller filed an indictment against 12 Russian officers for crimes related to hacking and publicly releasing the Democrats’ emails as part of an effort to interfere with the 2016 presidential campaign. As long suspected, Mueller alleges it was Russian intelligence officers behind the high-profile hackings of emails and documents from the Democratic National Committee and the Democratic Congressional Campaign Committee, and various Hillary Clinton campaign staff emails, including those of her campaign manager John Podesta. Many of these were posted by 3 separate entities. Two of those, “Guccifer 2.0” and “the DCL Leaks website” were created and controlled by GRU officers from Russia’s intelligence agency. The third, Wikileaks, got the stolen DNC emails from these officials (and eventually, the Podesta emails), but referred as “Organization 1” it’s not yet charged with anything.

The indictment presents significant technical evidence on precisely how these Russians pulled off the hack, including electronic communications and transfers of information between the various figures involved. However, there’s no allegation that any Americans or any Trump campaign member were criminally or knowingly involved in the hackings or leaks. Or at least not yet. But nonetheless, this new slew of indictments brings the entire total in the Mueller probe to 32 individuals and 3 companies.

The new indictments released on Friday, July 13, 2018, provide concrete evidence that the release of the hacked DNC emails was timed for maximum political impact. And they suggest Russian intelligence agents and Wikileaks planned to engineer discord between Hillary Clinton and Bernie Sanders supporters during the 2016 Democratic National Convention. According to the latest Mueller statement, a conversation between Russian intelligence and Wikileaks on July 6, 2016 had the latter correspond with GRU officers with “if you have anything hillary related we want it in the next tweo [sic] days prefable [sic] because the DNC is approaching and she will solidify bernie supporters behind her after.” After the Russians responded with, “ok … i see,” Wikileaks explained their motives for wanting information that would reveal tension between the Sanders and Hillary camps. They replied with, “we think trump has only a 25% chance of winning against hillary … so conflict between bernie and hillary is interesting.” Of course, tensions between Sanders and Clinton existed long before the hacked emails were released since it was why the DNC was such a splash. But Russia and Wikileaks knew that releasing the information at the opportune time would have ripple effects. The Democratic National Convention was meant to be a coming together moment to focus on defeating Donald Trump and the Republicans after a long and bitter primary between Clinton and Sanders. In fact, Sanders actively encouraged his fans to vote for Clinton in his convention speech. Yet, with the leaked emails as backdrop, he was booed at every turn and some Berniecrats didn’t heed his call to vote at all in 2016. Though there is a lot of speculation about how the trove of leaked DNC documents spurred discord between the two groups, the indictments suggest that this is exactly what the Russians wanted.

Mueller’s indictments also detailed a Russian hack into a state board of elections website (believed to be Illinois) in July 2016. According to him, Kremlin-linked hackers, “stole information related to approximately 500,000 voters, including names, addresses, partial social security numbers, dates of birth, and driver’s license numbers.” In addition, Russian spies penetrated a US vender that supplied voter-registration verification software and, in November 2016, sent over 1,000 spearfishing emails to “organizations and personnel involved in administering elections in numerous Florida counties.” They even visited election websites in Georgia, Florida, and Iowa in an attempt to find vulnerabilities. The incursions into the US voting infrastructure have been widely reported. But Mueller’s indictment present clear evidence that Russian intelligence probed into the systems. Though there’s no proof that these hacks altered the vote count or election outcome. Yet, Russia wasn’t poking around for kicks since spies were likely gathering information and searching out vulnerabilities.

But these 12 new indictments of Russian intelligence officers are a powerful reminder of the 2 hard core truths of the Trump-Russia story that often go missing amid the political controversy and amateur detective work. First, whether the anyone in Trump campaign was knowingly involved or not, real crimes were committed in 2016 with real victims. Second, since announcing his candidacy for the presidency in 2015, Donald Trump has gone out of his way to shield those who committed these crimes from exposure or accountability. But whether that’s because his campaign colluded with Russia or that he merely benefited from these crimes remains to be seen. Yet, these points are worth dwelling over because they cut against 2 commonplace narratives about the case. One renders the entire issue as a question of mystery and spycraft, leading ultimately to things like Jonathan Chait’s maximalist speculation that perhaps Trump had been a KGB asset since the 1980s or anything comparable to the stuff of Cold War fiction like The Manchurian Candidate. The other renders it as a narrowly political question where passionate Hillary Clinton fans should feel robbed of an election win. Though her critics across the political spectrum can smugly feel self-assured there were other reasons she lost.

Obviously, illegal hacking and invasion of privacy is a bad thing on its own terms regardless of election outcome. When Russian hackers pilfered John Podesta’s Gmail inbox, they didn’t exclusively obtain material highly relevant to Hillary Clinton’s career and political prospects. In fact, the vast majority was simply the personal correspondence of a man involved with Democratic Party politics. Wikileaks then laundered through his emails to disguise their origins and posted their entirety online with no regard to privacy or newsworthiness. The contents include a risotto recipe, an email birth announcement by a friend, a performance evaluation on a previous job, and hundreds upon hundreds of examples that had nothing to do with Clinton or American politics. But once the emails were out, there were few visible alternatives but to cover them. It’s understandable why Republicans chose to opportunistically take advantage of the crimes by gleefully citing them as a damning indictment on Clinton. However, fundamentally, all Americans using email have a genuine interest not seeing this form of privacy invasion not to become a routine aspect in our lives. It’s illegal for a reason, and it would be good for people committing this kind of crime to be caught and punished.

But Donald Trump has consistently acted to prevent any form of accountability. In fact, during the 2016 campaign, he publicly lauded the criminals on TV. Of course, he shouldn’t have done this since it was in poor form. But the fact he did this probably deserved to be a bigger point of emphasis in the coverage at the time. Yet, what’s really remarkable is that Trump has kept operating as a kind of de facto accessory after the fact of the crimes. He’s repeatedly denied the existence of a Russian hacking campaign by over and over again suggesting that Mueller and the federal investigators looking into the crime are nothing but a partisan political ploy. However, at best, it’s Trump rather than Mueller who’s exclusively viewing the whole thing through a partisan lens. But a less generous interpretation of Trump can be that he’s deliberately trying to stymie the investigation because he’s aware that he’s personally guilty of serious crimes. And he fears a thorough investigation will expose them.

Even if that’s not the case and Donald Trump is merely reacting to the partisan interest in the Trump-Russia investigation with his own partisan antics, the misconduct involved is serious. A president has obligations to the country and to its citizens, including those who didn’t vote for him. Donald Trump’s inability to even feign anger or outrage at the real crimes committed against real American citizens is remarkably relative to the context of what’s ordinarily considered acceptable presidential behavior. That it seems banal from Trump itself is perhaps not surprising given how flagrantly and consistently he reminds us that he doesn’t care about anyone outside his narrow circle of support. Yet, that’s merely a measure of how far we’ve fallen as a society in the Trump era. But it’s not a real reason to ignore it.

Still, you have to wonder about Donald Trump’s conduct over the whole Russia investigation. On July 27, 2016, in front of TV cameras in front of the whole world, he said he hoped Russia would, “find the 30,000 emails that are missing … I think you will probably be rewarded mightily by our press.” Apparently, Russian intelligence officers were happy to oblige since they launched a new attack to hack and publicly Democratic emails, according to Mueller’s latest indictments. To be clear, the DNC emails had been hacked and leaked by then while Podesta’s inbox was already compromised. In fact, the Russian email phishing expeditions against the Democrats were well underway by March 2016 when the Podesta emails were infiltrated. In May, George Papadopoulos drunkenly bragged about Russians having dirt on Hillary Clinton to an Australian diplomat. The infamous Trump Tower meeting involving Donald Trump Jr., Jared Kushner, and Paul Manafort took place in June. Thus, Trump’s comments can’t be claimed as the start of Russia’s digital attacks against American political parties and figures. But the timing is nevertheless uncanny. Because the same day he called for Russia to find Clinton’s missing emails, the hackers went after Clinton’s personal email within hours. As the indictment states:

“The conspirators spearphished individuals affiliated with the Clinton campaign through the summer of 2016. For example, on or about July 27, 2016, the conspirators attempted after hours to spearphish for the first time email accounts at a domain hosted by a third-party provider and used by Clinton’s personal office. At or around the same time, they also targeted seventy-six email addresses at the domain for the Clinton campaign.”

Nevertheless, Donald Trump’s brazen comment urging a foreign power to hack his opponent has always been difficult to decipher. Was it a typical Trump bluster, at a time when hacked emails and Clinton’s email server were huge news stories? Or was there something more sinister going on. The new Mueller indictment doesn’t answer that. But it sure looks like when Trump asked Russia to find Hillary’s emails, Russia heard him.

In addition, the White House’s reaction to Mueller’s new indictments included zero condemnation of Russia for interfering in a US presidential election. But instead focused on bolstering Donald Trump’s longtime assertions that there was “no collusion” between his campaign and Russia and that interference didn’t change the 2016 election’s outcome. Apparently, calling out Russia for launching a malicious attack against American democracy wasn’t a Trump White House priority. Since it was a glaring omission people noticed immediately as one guy tweeted: “The White House statement on today’s indictment includes no condemnation of Russia. It also refers to “alleged hacking.” The fact that hacking happened is not an allegation.” Except that Russia intelligence was behind the high-profile DNC and DCCC hacking breaches during the 2016 campaign. And while the indictment doesn’t allege any American or Trump campaign involvement yet (at least knowingly), it seems that was the message the White House wanted us to take away.

Despite that the new indictments don’t prove that the Trump campaign was entirely innocent either. In fact, far from it. During the 2016 campaign, it was apparent enough that Donald Trump was unusually friendly to Russia and that the Russian interventions seemed aimed at trying to help his electoral chances at Hillary Clinton’s expense. After the election, more and more attention became devoted whether any Trump’s associates and Putin’s government coordinated to intervene in the campaign in some way. Though there’s no smoking gun yet, it’s not mere idle speculation either. As of July 2018, there are at least 6 instances in which Trump associates tried to get Russian dirt communicated with hacking and leaking figures. The FBI investigation kicked off when George Papadopoulos drunkenly bragged to an Australian diplomat about getting Russian dirt against Hillary Clinton. Then there’s the infamous Trump Tower meeting that June involving Donald Trump Jr., Jared Kushner, and Paul Manafort meeting with Russians to discuss “adoption” through Next, we have Cambridge Analytica, Roger Stone, and Donald Trump Jr.’s contacts with Wikileaks. In addition, Roger Stone corresponded with Guccifer 2.0 while remaining in Trump’s orbit as an impromptu adviser. Last, there’s the matter of Republican operative Peter Smith trying to find the missing Hillary Clinton emails who claimed he was in contact with Michael Flynn and other Trump staff.

Nonetheless, the 12 new indictments of Russian intelligence officers come at a very bad time for Donald Trump who’s supposed to meet face-to-face with Russian President Vladimir Putin within three days at the time. It’s more likely Mueller announced the indictments on July 13 because that’s when they were ready since they reflect months and months of work by him and his team. While the Putin meeting only materialized just weeks ago. According to Assistant Attorney General Rob Rosenstein, the timing of the release “is a function of the collection of the facts, the evidence, and the law and a determination that it was sufficient to present the indictment at this time.” But even if that wasn’t intentional, it’s extremely awkward for Trump since he’s about to meet Putin for a high-stakes diplomatic meeting in Helsinki, which they’re expected to discuss Russia’s election hanky panky among other things. While that’ll be contentious, Putin will again deny Russia interfere at all while Trump will say he believes him as a matter of course. Yet, thanks to the Mueller indictments proving that Russian spies were behind the Democratic hacking breach, Trump will find it a lot harder to say he believes Putin without looking like a complete fool in the process at best or complicit a worst. In fact, Trump will at least find it harder to avoid the topic altogether.

For in Vladimir Putin’s tightly controlled Russia, it’s nearly impossible to believe all these people operated for months to sway the US election without their boss’s green light, as 3 US intelligence concluded in January 2017. At the minimum, it stretches credulity to think Putin at least didn’t know about the efforts. Yet, with all the evidence piling up, there’s a miniscule chance Donald Trump will challenge Putin’s denial when they meet. Hell, he might even stop praising Putin and Russia as he has over the past few days despite knowing the imminent indictments days ago. If any of this happens, it’d be a huge shift in his approach toward the Russian dictator and the Mueller investigation. But don’t bet on that because admitting that Russia interfered in the 2016 election to get Trump elected will likely tarnish his victory which he likes bragging about. He could heed Democratic calls to cancel the meeting entirely.

On Saturday, July 14, 2018, Donald Trump fired off a series of tweets with, “The stories you heard about the 12 Russians yesterday took place during the Obama Administration, not the Trump Administration. Why didn’t they do something about it, especially when it was reported that President Obama was informed by the FBI in September, before the Election?….Where is the DNC Server, and why didn’t the FBI take possession of it? Deep State?” Indeed, Barack Obama was president during that time. But the hacks at the DNC, DCCC, and the Hillary Clinton campaign were meant to hurt her and help Trump, which the US intelligence community has repeatedly asserted. Furthermore, why Obama didn’t act sooner is complicated but he did send Homeland Security Secretary Jeh Johnson, CIA Director John Brennan, and other administration members to look into it as soon as he knew about it. But he didn’t make a show of it due to squabbles among Democratic and Republican leaders. Vice President Joe Biden even said that during an event or the Council of Foreign Relations, Senate Majority Leader Mitch McConnell refused to sign a bipartisan condemning Russia’s 2016 activities. And that the Obama administration worried that without a bipartisan front, it would look like they were trying to sway the election, which he didn’t want. As Biden told Politico, “Can you imagine if the president called a press conference in October, with this fella, [Trump campaign CEO Steve] Bannon, and company, and said, ‘Tell you what: Russians are trying to interfere in our elections and we have to do something about it.’ What do you think would have happened? Would things have gotten better, or would it further look like we were trying to delegitimize the electoral process, because of our opponent?” Though the Obama administration formally accused the Russian government that October, it came just a half-hour before the infamous Access Hollywood tape leaked. And we all know which story got more publicity.

In the meantime, Director of National Intelligence Dan Coats warned of the intensifying threat of cyberattacks against US digital infrastructure, calling Russia “the most aggressive foreign” in attempts to disrupt and divide America. He told the audience at the Hudson Institute, “These actions are persistent, they’re pervasive and they are meant to undermine America’s democracy on a daily basis, regardless of whether it is election time or not. The warning signs are there. The system is blinking. And it is why I believe we are at a critical point.” Coats has been one of the more vocal voices in the Trump administration about the very real threat of Russia incursions into US digital infrastructure and its meddling to sow discord and division. He has previously warned that the 2018 midterms could be a Russian hacking target and according to the New York Times, he indicated that the federal government was working with state and local jurisdictions to secure their infrastructure. Yet, Russia isn’t the only offender for North Korea, China, and Iran are also waging cyberattacks at all fronts: federal, state, and local governments along with private entities. However, Coats stated that so far analysts haven’t seen, “electoral interference in specific states and in voter databases that we experienced. However, we realize we are just one click of the keyboard away from a similar situation repeating itself.” So it pays to remain vigilant of future Russian hacks.

None Dared Called It Terrorism

While the country was swept in the Supreme Court Justice media frenzy, Donald Trump issued pardons for two Oregon cattle ranchers whose conviction for setting fire to public lands became a rallying cry for militia groups in 2016, leading to a tense, days-long standoff with federal officials. On Tuesday July 12, 2018, Trump gave clemency to Dwight Lincoln Hammond Jr., and his son Steven, whose convictions and a court order that they return to prison, inspired the militia group standoff at Oregon’s Malheur Wildlife Refuge during January 2016. There is no doubt their pardon is Trump’s latest example using his pardon power as a cudgel in the culture war. After all, granting pardons or commuting sentences to figures waging partisan warfare or have become right-wing folk heroes.

In 2010, the Hammonds were convicted of setting 2 fires that burned on federal land. The father-son duo stated they set the fires to reduce the invasive sagebrush and juniper tree growth for wildfire prevention, thereby accelerating rangeland grasses for cattle feed. But a 2015 statement from the US Attorney’s Office read, “Witnesses at the trial, including a relative of the Hammonds, testified the arson occurred after Steven Hammond and his hunting party illegally slaughtered several deer on BLM property. Jurors were told that Steven Hammond handed out ‘Strike Anywhere’ matches with instructions that they be lit and dropped on the ground because they were going to ‘light the whole country on fire.’ One witnessed testified that he barely escaped the eight to ten foot high flames caused by the arson.” That fire consumed 139 acres of federal property and destroyed all evidence of game violations. As for the other fire Steven started in 2006, prosecutors stated that he set several back fires, violating a burn ban, to save his winter feed after lightning stated numerous fires nearby.

We should also note that the Hammonds had been fighting for the feds to get out of the land management business since the 1980s. The federal pursuit of these men followed years of permit violations and unauthorized fires, but they never accepted responsibility. Late in the 1980s, Dwight began trading barbs with the US Fish & Wildlife employees. Both father and son had previously been accused of making death threats against federal officials and were arrested in 1994 after trying to stop federal workers from fencing off a canal at Malheur. The elder Hammond had even reportedly “threatened to kill” the manager of the refuge that they used for their cows. As former US Attorney Dwight Holton told KGW News, “The Hammonds were serial arsonists who stole from United States taxpayers for years.”

Anyway, in 2012, since US District Michael R. Hogan said the mandated 5-year sentence under the 1996 Antiterrorism and Effective Death Penalty Act, he sentenced the Dwight Hammond to 3 months and Steven a year. But because that was less than the mandatory minimum sentence federal law mandated, the federal government challenged the sentence. In 2015, an appellate court ruled that the Hammonds had been illegally sentenced and had to return to prison. Such decision sparked outcry among their local community and across the rural West, with critics slamming the federal government for their aggressive tactics. However, Oregon US Attorney, Billy Williams, justified the mandatory sentencing, saying they’re, “intended to be long enough to deter those like the Hammonds who disregard the law and place firefighters and others in jeopardy.” This sparked a flashpoint in the ongoing dispute between cattle ranchers and the federal government over land-use rights.

The Hammonds’ case became a rallying cry that kicked off a tense stand-off. In January 2016, armed anti-government militias and “patriot” groups seized Malheur Wildlife Refuge headquarters. To reflect their belief the federal government has only a limited right to own property within a state, they changed the refuge’s name to Harney County Resource Center.They stayed for more than 3 weeks with the standoff only ending after state troopers shot and killed one of the militia members and arrested 6 others. The Hammonds’ importance to the standoff was mostly symbolic. They may have initially welcomed the militia’s help, only to rejected it later and told the groups to go home. In addition, the groups occupying the Malheur Wildlife Refuge had broader disputes with the federal government about public land use than just the Hammonds’ case. Nonetheless, the case became a focal point for armed militias that violently occupied federal land in order to achieve their goals. Nonetheless, leaders Ammon and Ryan Bundy, (sons of the infamous Cliven Bundy of the Nevada standoff with feds over unpaid grazing fees) along with 5 other defendants were eventually acquitted of charges stemming from the takeover by a federal jury in Portland.

But it’s the latest example of Donald Trump using near-limitless presidential power in the service of a cause celebre for extreme segments of the right. While George W. Bush and Barack Obama relied on Office of Pardon Attorney recommendations that used a multi-step application process to determine whose cases get relief, Trump has bypassed all of that. Instead, he’s used his pardon power to commute the sentences of ideological fellow travelers such as prominent right-wing figures or folk heroes caught up in legal trouble. Before the Hammonds, it was conservative writer and conspiracy theory enthusiast, and troll Dinesh D’Souza who pleaded guilty in 2014 to violating campaign finance laws after falsely claiming he was targeted for political retribution. Before him, was Dick Cheney’s former Chief of Staff I. “Scooter” Libby who was convicted of perjury and obstruction of justice for lying to the FBI during an investigation into who leaked the name of undercover CIA operative Valerie Plame. And before him, it was ex-Maricopa sheriff Joe Arpaio known for his cruelty to anyone he suspected as undocumented immigrants and was convicted of contempt of court.

Regardless of what you think about public land use or federal overreach, as Center for Western Priorities Executive Director Jennifer Rokala said the Hammond pardon sends a, “dangerous message to America’s park rangers, wildland firefighters, law enforcement officers, and public lands managers. President Trump, at the urging of Interior Secretary Ryan Zinke, has once again sided with lawless extremists who believe that public land does not belong to all Americans.” Oregon Wild’s Arran Robertson told the AP about the pardon’s darker impact, stating, “From the Bundys to logging and oil companies, special interests are working with the Trump administration to dismantle America’s public lands heritage, and this will be viewed as a victory in that effort.” Yet, the Hammond pardons come as some federal employees in the rural American West are nervous of what they say is a high likelihood more standoffs can break out. According to NPR’s Kirk Siegler, citing soil scientists, cattle range managers, and those staffing recreation sites, “It’s also not clear yet if other ranchers who graze their cattle on public lands might decide to openly defy federal laws, [with] the Hammonds being pardoned.”

Nonetheless, the matter of the Hammonds and the armed militia takeover of the Malheur Wildlife Refuge is one I find particularly disgraceful. It’s plain to see that the Hammonds clearly committed an act of domestic terrorism and for endangering lives in their arson crime. So, a 5-year mandatory minimum sentence for setting fire to federal land is hardly government overreach. Yet, somehow the District Court judge finds such a sentence too lengthy and harsh for two cattle ranchers who burned 139 acres of land to cover up an illegal deer hunt. As he noted, “would not meet any idea I have of justice, proportionality … it would be a sentence which would shock the conscience to me.” It just seems like the guy sympathized with them enough to let them off so easily. Despite that according to Think Progress, the prosecutors’ choice was rooted in the firefighters’ earnest belief that the Hammond ranchers have been indifferent to their lives at best and seeking to harm them at worst. In the wake of their pardon, White House press secretary Sarah Huckabee Sanders said in a briefing, “The Hammonds are devoted family men, respected contributors to their local community and have widespread support from their neighbors, local law enforcement and farmers and ranchers across the West.” She basically describes these guys like they’re some friendly neighborhood Though mandatory minimums have their share of critics all across the political spectrum, the Hammonds were serving a sentence that was established for terrorists which they undeniably were. Besides, there are plenty of other people languishing in prison under mandatory minimums for far lesser crimes. Yet, none of them get the kind of sympathy these men received by the media, the government, or the criminal justice system.

Then there’s the takeover of the Malheur National Wildlife Refuge by armed anti-government militia and “patriot” groups. Despite that these guys seized a wildlife refuge carrying weapons for political purposes, somehow the media referred their clear act of domestic terrorism as a “protest.” And yet, despite holding the place hostage for about 40 days until an armed standoff with federal authorities prior to arrests, the Bundy brothers who led this takeover and 5 walked free. Look, I have no problem with protesting about public lands and use rights though I do believe that this land was made for you and me and have no problem with the federal government setting aside lands for preservation of our national heritage. But once you bring loaded guns to threaten federal employees and take over a wildlife refuge, that’s terrorism. And yet, none called it terrorism. Despite that while the locals were sympathetic with the Hammonds’ plight, they weren’t interested in Ammon and Ryan Bundy’s takeover of a federal building. The fact the Hammond case was so connected to the Bundys makes their pardon seem like Donald Trump is signaling the noxious Nevada ranchers that it’s okay to seize and destroy public lands when someone has a beef with the feds. There are plenty of ways to lawfully address grievances. Domestic terrorism shouldn’t be one of them nor should be condoned, much less pardoned. Since that undermines Americans’ rights to our shared public lands and national parks.

Nonetheless, I can’t help but imagine how different the legal system and the media would perceive this circus if the Hammonds and the anti-government militia groups at Malheur weren’t white. I’m sure none of them would’ve received the sympathy or the positive recognition for their efforts. Hell, if the Hammonds were Hispanic, I’d bet any money that Judge Hogan would’ve sentenced them to at least the mandatory minimum with no outcry other than their sentence wasn’t harsh enough. And they’d certainly not receive a pardon from Donald Trump. In fact, he’d be ranting about them at his ego-stroking, hate-filled rallies and use them as an example to illustrate how Hispanics put America to shit with their crime and violence. In addition, if those anti-government militias and “patriot” groups were all Muslims, well, you can guess they wouldn’t have held onto the Malheur Wildlife Refuge for long. Mostly because the authorities would’ve called law enforcement at all levels akin to the Standing Rock protests until all the ranchers were cuffed and put into a truck to the jail. The media and the country would universally condemn them. A federal jury would convict them while a federal judge would hand them a sentence to make sure they’d never see the light of day again. If not, then perhaps give the jury an option of instilling the death penalty. I know that implying that race was a factor in how the Hammonds and the right-wing militia groups at Malheur were treated less harshly than other terror incidents may make people uncomfortable. Yet, I can’t ignore the fact that race has been a determining factor on why the country doesn’t seem to take right-wing and white supremacist terrorism much more seriously. Another reason has to do with that millions of white conservative Americans may share their principles to certain extents and don’t want to look in the metaphorical mirror whenever a right-wing terror event occurs or take that responsibility.

However, the Hammonds’ pardon deserves special attention and more media coverage than it got because it’s an extremely irresponsible one. Not just because Donald Trump granted them clemency on partisan grounds, but because it sets a dangerous message that threatens our national security and the lives of millions of Americans. In a time of rising hate crimes and right-wing terrorism, presidential pardons to domestic terrorists are among the last things America needs right now. By pardoning Dwight and Steven Hammond, Trump not only lets them out of jail but also that the fires they lit were perfectly acceptable. These pardons mark the first time anti-government militia groups opposing federal land laws have their issues validated at the federal level. Not to mention, they speak to the ways the Trump administration is emboldening the far-right patriot movement more generally. It’s as if Trump’s signaling the radical right not to worry about facing criminal charges. Southern Poverty Law Center reporter Ryan Lenz told The Daily Beast, “This is the latest in a long string of setbacks for federal efforts to bring anti-government extremists to justice for their actions. The militia movement sees this as further vindication and further proof that their cause is just.”

The worst implications of the Hammond pardons may have nothing to do with desecrating public lands with no consequence. The rise of right-wing extremist terrorism is a threat to national security that Donald Trump and millions of Americans don’t want to acknowledge or solve. And it doesn’t help that many of these white supremacists, right-wing terrorists, and extremists comprise of a key part of Trump’s base and count among his most ardent supporters. The Hammond pardons send a glaring message that he has their back in the White House. If any of them are facing federal convictions and sentencing, Trump will make sure they get off scot free to terrorize whatever facet of America they please. As long he could use his pardon power for terrorists to outrage liberals and inflame culture war tensions, then millions of Americans’ lives could be in danger to political violence. And there’s nothing they could do about it. Nonetheless, suppose his next pardon was the man who ran over Heather Heyer at Charlottesville and he goes free. After all, Trump once called the white supremacists responsible for the violence in Charlottesville, “very fine people.” I’m sure a pardon for some of those guys will be around the corner should they have legal troubles. As former Colorado National Monument superintendent Joan Anzelmo tweeted on the matter: “This is so very wrong. No one is safe from felons with friends in high places. Terrible. Dangerous. Wrong.”

Who Will Rid Us of This Activist Judge?

In the wake of Supreme Court Justice Anthony Kennedy’s retirement, there is so much for Americans, particularly the Democrats to be worried about. After all, him stepping down during the Donald Trump nightmare would shift the Court to the right for the next few decades. Now that Lord Cheetohead has nominated DC Appeals Court Judge Brett Kavanaugh, there is plenty of talk about how his tenure of the court might overturn Roe v. Wade, gut the Affordable Care Act, undermine labor rights, weaken environmental regulations, hurt civil rights, and give more free rein on large corporations to do whatever the hell they want. But while all these issues are very important to consider, it’s not exactly on my mind at the moment.

Before I get to the point, I must acknowledge that during the 1990s, Kavanaugh worked on an independent counsel Kenneth Starr’s extremely zealous team of prosecutors pursuing what they believed to be wrongdoing by President Bill Clinton. For those who were either too young like me or not born yet, this independent counsel investigation into Clinton began with a land deal in Arkansas and eventually ended with a report recommending his impeachment for lying under oath and obstructing justice over his affair with Monica Lewinsky. According to Ken Gormley in his book, The Death of American virtue, Kavanaugh was a particularly committed team player. Since at one point, he wrote a memo to Starr which included the following:

“After reflecting this evening, I am strongly opposed to giving the President any “break”… unless before his questioning on Monday, he either i) resigns or ii) confesses perjury and issues a public apology to you [Starr]. I have tried hard to bend over backwards and be fair to him… In the end, I am convinced that there really are [no reasonable defenses]. The idea of going easy on him at the questioning is abhorrent to me…

“[T]he President has disgraced his Office, the legal system, and the American people by having sex with a 22-year-old intern and turning her life into a shambles—callous and disgusting behavior that has somehow gotten lost in the shuffle. He has committed perjury (at least) in the Jones case… He has tried to disgrace [Ken Starr] and this Office with a sustained propaganda campaign that would make Nixon blush.”

As much as I think Clinton’s impeachment was stupid, I can see the guy’s point on the perjury part and the fact Lewinsky hasn’t been able to escape the infamy of the whole scandal since. Yet, to be fair, men in elected office publicly lie about their extramarital proclivities happens all the time and most usually don’t face any legal trouble whatsoever. Besides, perjury over an extramarital affair doesn’t seem like an impeachable offense compared to, well, making money off the presidency, firing the FBI director while under criminal investigation, ignoring the Emoluments Clause, and possibly colluding with the Russians. Kavanaugh’s memo went on to propose asking President Clinton questions like:

“If Monica Lewinsky says that you ejaculated into her mouth on two occasions in the Oval Office area, would she be lying?

“If Monica Lewinsky says that on several occasions you had her give [you] oral sex, made her stop, and then ejaculated into the sink in the bathroom off the Oval Office, would she be lying?

“If Monica Lewinsky says that you masturbated into a trash can in your secretary’s office, would she [be] lying?”

However, fast forward a decade and Kavanaugh seems to do a 180 on the topic after later working for a president from his own party. From 2001-2006, he served in President George W. Bush’s White House, first in the White House Counsel’s office and later as White House Staff Secretary. In 2006, he was confirmed to the US Court of Appeals for the DC Circuit. And in 2009, he wrote an article that would be published in the Minnesota Law Review. Now this piece addressed several issues related to the presidency and separation of powers. Yet, the most relevant section comes right after the introduction, focusing on civil and criminal investigations of sitting US presidents:

I. PROVIDE SITTING PRESIDENTS WITH A TEMPORARY DEFERRAL OF CIVIL SUITS AND OF CRIMINAL PROSECUTIONS AND INVESTIGATIONS

He then opens here by describing his work for President Bush and how he learned to appreciate “how complex and difficult that job is” and continues (emphasis added):

“I believe it vital that the President be able to focus on his never-ending tasks with as few distractions as possible. The country wants the President to be “one of us” who bears the same responsibilities of citizenship that all share. But I believe that the President should be excused from some of the burdens of ordinary citizenship while serving in office.”
He next calls on Congress to consider passing a law that would relieve some of the burdens and expresses his doubts that investigations of a sitting president can rise above politics.

“In particular, Congress might consider a law exempting a President—while in office—from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel. Criminal investigations targeted at or revolving around a President are inevitably politicized by both their supporters and critics.

“As I have written before, ‘no Attorney General or special counsel will have the necessary credibility to avoid the inevitable charges that he is politically motivated—whether in favor of the President or against him, depending on the individual leading the investigation and its results.’”

Look, I understand that the presidency is a complex and difficult job. But while I may agree that investigations regarding sitting presidents may not be able to rise above politics, that doesn’t mean we shouldn’t excuse them from “some of the burdens of ordinary citizenship while serving in office.” Our country was built upon the idea that presidents must obey the laws and suffer the legal consequences like everyone else. This is especially because the presidency is the highest office in the nation and the fact they can be sued, criminally investigated, and prosecuted like everyone else is a major check on the President’s power. But while the Mueller probe may be politicized among the American public, the rationale behind it such as the FBI investigation on the Trump campaign and George Papadopoulos drunkenly bragging about Russians digging dirt on Hillary Clinton had nothing to do with politics.

Nonetheless, Kavanaugh bemoans the consequences if the sitting president was indicted:

“The indictment and trial of a sitting President, moreover, would cripple the federal government, rendering it unable to function with credibility in either the international or domestic arenas. Such an outcome would ill serve the public interest, especially in times of financial or national security crisis.”

Indeed, this is a genuinely unsettled legal question. While Justice Department opinions have typically stated that sitting presidents can’t be indicted, some experts have argued otherwise. The question has never been tested in the courts, but it was revived last year with the scandal over Donald Trump, Russia, and possible obstruction of justice. Special Counsel Robert Mueller seems unlikely to defy Justice Department policy with a legally questionable indictment of Trump. But if he does, the Supreme Court would surely decide on the matter. And since he’s been nominated to the Court, Kavanaugh’s 2009 article on the subject takes on a significant importance.

Kavanaugh goes on to the civil suit arena:

“Even the lesser burdens of a criminal investigation—including preparing for questioning by criminal investigators—are time-consuming and distracting. Like civil suits, criminal investigations take the President’s focus away from his or her responsibilities to the people. And a President who is concerned about an ongoing criminal investigation is almost inevitably going to do a worse job as President.”

This will also likely resonate with Donald Trump, who’s spent an enormous amount of time on the Mueller probe while plagued by other lawsuits as well. Indeed, the question on whether Trump should have to sit for Mueller’s “questioning” is a current discussion topic. If Trump should refuse questioning (which he will), Mueller could subpoena him, which will culminate in a battle likely rising to the Supreme Court.

Kavanaugh concludes by briefly trying to address two possibly critiques on his arguments. First, he says that the president could always be prosecuted after he leaves office. Second, if the president does anything bad, Congress could use the impeachment process.

“One might raise at least two important critiques of these ideas. The first is that no one is above the law in our system of government. I strongly agree with that principle. But it is not ultimately a persuasive criticism of these suggestions. The point is not to put the President above the law or to eliminate checks on the President, but simply to defer litigation and investigations until the President is out of office.

“A second possible concern is that the country needs a check against a bad-behaving or law-breaking President. But the Constitution already provides that check. If the President does something dastardly, the impeachment process is available. No single prosecutor, judge, or jury should be able to accomplish what the Constitution assigns to the Congress. Moreover, an impeached and removed President is still subject to criminal prosecution afterwards.”

However, his conclusion falls short on to points. First, waiting until the president is out of office to investigate him doesn’t prevent the damage he may cause during his tenure as well as gives him free rein to abuse his power while in office. Second, while Donald Trump has done really bad things over his presidency and before then, that doesn’t mean Congress will impeach him. Because it’s controlled by the GOP who has no interest to check his power. Besides, Kavanaugh doesn’t address what happens when it’s not yet clear and hotly disputed whether not a president has done “something dastardly” like colluding with Russia to intervene in the 2016 election, or obstructing justice. It appears he’d be happy to leave that to Congress to decide, without any investigation from the executive branch. Now this is disturbing since I consider such investigation from the executive branch necessary before Congress can decide whether to impeach a president.

He concludes the section:

“In short, the Constitution establishes a clear mechanism to deter executive malfeasance; we should not burden a sitting President with civil suits, criminal investigations, or criminal prosecutions. The President’s job is difficult enough as is. And the country loses when the President’s focus is distracted by the burdens of civil litigation or criminal investigation and possible prosecution.”

Of course, the country loses when a president’s focus is distracted by the burdens of civil litigation or criminal investigation and possible prosecution. But the country loses more when a president suspected of egregious wrongdoing is allowed to abuse his power however he pleases without any way to hold him accountable. Stating that we shouldn’t “burden” a sitting president with civil suits, criminal investigations, or criminal prosecutions because the presidency is a difficult job as it is simply doesn’t cut it. Yes, such processes might be a pain in the ass but they ensure that sitting presidents must answer to the law regarding their actions. If a sitting president doesn’t want to be distracted by lawsuits, criminal inquiries, and prosecution, then he shouldn’t have done what got him there in the first place. This especially goes with a president who believes he’s above the law and can do whatever he damn well pleases without consequence.
So why did Kavanaugh change his mind? Probably because he spent 5 years working for a president from his own party who gave him a big promotion. As he admits in his 2009 article:

“This is not something I necessarily thought in the 1980s or 1990s. Like many Americans at that time, I believed that the President should be required to shoulder the same obligations that we all carry. But in retrospect, that seems a mistake.

“Looking back to the late 1990s, for example, the nation certainly would have been better off if President Clinton could have focused on Osama bin Laden without being distracted by the Paula Jones sexual harassment case and its criminal investigation offshoots. To be sure, one can correctly say that President Clinton brought that ordeal on himself, by his answers during his deposition in the Jones case if nothing else.”

I may be no legal expert. But unlike Kavanaugh, I still believe a president should shoulder the same obligations we all carry. And yes, the nation would’ve been better off if President Clinton wasn’t distracted by the Paula Jones sexual harassment case and the criminal investigation offshoots. But to say that prevented Clinton from catching Osama Bin Laden is quite a stretch. However, just because the whole Bill Clinton impeachment circus might’ve been a mistake that made nobody happy, doesn’t mean we should exempt sitting presidents from civil litigation or criminal investigations and prosecution. Donald Trump and his team have been under criminal investigation by the FBI for possible collusion with Russia long before he was even elected to the presidency. And his efforts to stop it like the firing of FBI Director James Comey have only verified suspicions that they did. Or at least saw no problem with it. Besides, Robert Mueller’s team has already either indicted or accepted guilty pleas from 4 former Trump advisers, 14 Russian nationals, 3 Russian companies, a California man, and a London-based lawyer. Furthermore, the US intelligence community and the Senate Intelligence Committee all say that Russia tried to help Trump win the 2016 election and that Russa President Vladimir Putin ordered his government to do so. The real question now is whether Trump and his team colluded with Russia’s effort to sow seeds of division through the internet and running ads to stir up racial tensions.

What Kavanaugh wrote in 2009 about executive power sounds nice to Donald Trump and may be the major reason why he chose the guy to replace Justice Anthony Kennedy. It’s not too far-fetched to assume the Supreme Court may hear an element of the Russia investigation like subpoenaing a sitting president or less likely indicting one. There’s also a strong possibility that Kavanaugh can be one of the justices to decide on such matters. Sure, he advocated passing a law to protect the president from civil and criminal scrutiny but he didn’t say such notion is unconstitutional. Yet, to suggest that a president shouldn’t be subject to a civil suit or criminal prosecution while in office appears to fly in the face of decades of precedent stating that no one, including the president is above the law. While we don’t know if Trump has any criminal exposure at this point, Kavanaugh’s position could influence how he ruled on the appropriateness of any future actions by prosecutors against him. What impact that might have on the Mueller investigation remains to be seen. But should the Supreme Court rule in Trump’s favor that would neutralize the Mueller probe until he leaves office, America is in serious trouble.

Nonetheless, we must acknowledge that Brett Kavanaugh’s entire career has been in service to the Republican agenda. His old writings from the 1990s show that he was certainly a true believer in the Starr investigation before the Bush administration made him skeptical on the wisdom of litigation and investigations involving a sitting president. Donald Trump’s legal team has prepared to argue that the president isn’t obligated to sit for a Mueller interview and has limitless power to shut down the investigation or pardon anyone involved, including himself. Though this argument is basically summed as: Trump isn’t above the law, he is the law. The Kavanaugh from 20 years ago would’ve vociferously disagreed since he urged his boss, Kenneth Starr not to cut Bill Clinton any slack in his inquiry on the Lewinsky affair. When time came to help write the Starr report, Kavanaugh argued for Clinton’s impeachment for lying to his staff and misleading the American public. Had he still held that belief today, Trump would’ve never considered him for the Supreme Court. Yet, after working for George W. Bush, Kavanaugh apparently changed his tune as indicated in his 2009 article for the Minnesota Law Review. Not only did he contend that the president can’t be indicted, he also took his interpretation of executive power one step further by suggesting Congress pass a law allowing the president to defer such investigations until they’re out of office.

Still, I think it’s more likely that his awakening on presidential power during the Bush administration and his 2009 apology for the Starr report conceals more partisan motivations. Should the Russia investigation culminate in a Supreme Court battle, could we expect Kavanaugh to rule Trump’s case impartially and without favor? Or would he rationalize bending over backwards for the outcome he’d want to see? Because from my standpoint, I think he’s an activist judge willing to hold certain views that would be in his party’s favor. And I strongly believe Trump selected him to protect him from Mueller’s Russia investigation. He shouldn’t have seat on the bench of the most powerful court in the land.

To the Honorable United States Representative Conor Lamb of the Pennsylvania 18th District

Dear Congressman Lamb:

As your constituent of the 18th District, I have been satisfied with your efforts to represent the interest of Southwest Pennsylvania in ways your hypocritical sellout predecessor Dr. Tim Murphy ever could. Though you may not be my representative for much longer due to a new congressional map, I wish you the best of luck beating Keith Rothfus. As a liberal who supports gun control and environmental protection, I know you may not share my views on everything. But since I live in a heavily red district, I know I have to make due with whoever Democrat has a fighting chance in the polls and be as inoffensive to the electorate as possible. Unlike Murphy, your support for affordable healthcare and unions seems genuine while you appear very keen on fixing the opioid crisis ravaging our nation. From looking at your priorities list, you seem honestly committed for actions that benefit working Pennsylvanians and their families.

However, while your site states that you have a bias for action, I am not sure if any of your stated goals are feasible at the moment. You may be today’s Senator Jefferson Smith in Washington, but sometimes a fresh face with good ideas can only go so far. You may be willing to work with anyone to protect our people and bring good jobs. But so has any politician willing to work across the aisle for the greater good. Yet, sometimes it does not matter whether you are willing to work with those who do not agree with you. But whether those on the other side are willing to work with you. And from what I have seen with the Obamacare repeal nightmare last year and since, I honestly believe that as long as Donald Trump is in office and Republicans control both houses of Congress that our nation’s problems will not get better and even exacerbate in years to come.

Yet, if there is anything requiring direct action by our leaders in Washington, then it is on the matter of Donald Trump in the White House. I am painfully aware he enjoys a credible following among a significant contingent in the 18th district since so many in my community, neighborhood, and extended family have disturbingly supported him and continue to do so despite all the unconscionable things he’s said and done. I know you make it a priority not to criticize Trump by name in your public life out of reluctance to offend potential constituents and voters. However, as my US Representative who genuinely cares about the issues affecting working Pennsylvanians and their families, I strongly urge you do. Now you do not have to talk about Russia or Stormy Daniels. Nor do you need to address his other numerous scandals and controversies. But I do believe if you really care about and respect your Trump-supporting constituents, you need to at least tell them the cold, hard, truth they do not want to hear: that the man they see as their champion has no interest in solving their problems and is not on their side. Trump knows how to give wins to interest groups he actually cares about, many of these are large corporation who support unpopular measures such as letting health insurance companies discriminate against those with preexisting conditions, doing away with key environmental regulations protecting our access to clean air and water, letting financial advisers deliberately give their clients bad advice on their money, eliminating essential banking regulations that will pave way to another recession someday, getting rid of key labor protections like those against wage theft, and handing a sweetheart tax cut deal boosting corporate profits to record levels.

But more importantly, you need to address the undeniable fact that Donald Trump has never been the friend of ordinary working Americans and never will. Throughout his entire career he has reaped in millions from the remains of failing businesses at the expense of investors, small businesses, and American workers. For decades, according to a 2016 USA Today article, Trump has been subject to at least 60 lawsuits along with hundreds of liens, judgements, and other government filings documenting people accusing him of failing to pay them for their work. These include a Florida dishwasher, a New Jersey glass company, a carpet company, a plumber, painters, 48 waiters, dozens of bartenders and other hourly workers at his resorts and clubs, real estate brokers who sold him his properties, and even several law firms that once represented him in these suits and others. Since 2005, Trump’s companies have also been cited for 24 Fair Labor Standards Act violations for failing to pay overtime or minimum wage according to the US Department of Labor at the time. In addition, USA Today’s review found more than 200 mechanic’s liens on wage theft claims filed by contractors and employees against Trump, his companies, or his properties since the 1980s. These range from a $75,000 claim by a New York heating and air conditioning company to a $1 million claim from a president of a New York City real estate banking firm. For Trump Taj Mahal casino project in Atlantic City, New Jersey Casino Control Commission records state that at least 253 subcontractors weren’t paid in full or on time, if at all. These comprise of workers who installed walls, chandeliers, and plumbing.

Nor do all these wage theft cases date from the 1980s. In May 2016, Trump Miami Resort Management LLC settled with 48 waiters at Trump National Doral Miami golf resort over failing to pay overtime for a 10-day Passover event. The lawsuit contended that some even worked 20-hour shifts. In Trump’s facilities at California and New York, bartenders and wait staff have sued with a range of allegations from not letting workers take breaks to not passing along tips to servers. And in January 2017, several contractors who worked on his D.C. Hotel project with renovating the Old Post Office on wage theft claims.

In sum, these actions paint a picture of Donald Trump’s sprawling organization consistently failing to pay small businesses and individuals before tying them up in court and other negotiations for years. Sometimes Trump’s team financially overpowers and outlasts much smaller opponents by draining their resources that some give up the fight or settle for less, some declare bankruptcy, and some end up out of business entirely. Of course, Trump and his associates have shrugged off these wage theft claims on the excuse that they did a terrible job despite that he often offered to rehire those same contractors again. But the sheer number of companies and others he hasn’t paid either suggest two things. His companies have a poor tract record hiring workers and assessing contractors. Or more likely as alleged in dozens of court cases that Trump’s businesses renege on contracts, refuse to pay, or consistently attempt to change payment terms after the work is done.

Mind-boggling wage theft practices is just one way Donald Trump has screwed his over ordinary Americans. Though he has done well after his multiple Atlantic City casino bankruptcies, his own casino employees have collectively lost millions of dollars in retirement savings after Trump Hotels & Casino Resorts’ value plummeted. According to a class action lawsuit filed against the company following its 2004 bankruptcy, starting in 1996, THCR encouraged its employees to invest their 401(k) savings in company stock. That same year, it sold $1.1 billion in junk bonds to offset Trump’s personal debt and buy more ill-fated casino properties in Atlantic City. Then when the stock price neared its nadir amid bankruptcy, the company forced its workers to sell at a huge loss. More than 400 employees lost more than a combined total of $2 million from their retirement accounts. One worker who put $1,000 into her 1997 retirement account had her savings withered to just $59 by 2004. Trump has never had to declare personal bankruptcy but the company he set up to operate his Atlantic City casinos went through numerous corporate restructurings to reduce its debt load. Since Trump used his company as a means to of transferring his personal debt, issuing rounds of junk bonds to build cash that would erase them. As he prospered, his companies floundered. In other words, he put up little of his own money, shifted personal debts to his casinos while collecting millions of dollars in salary, bonuses, and other payments. Any burden of his failures fell on his investors and others who bet on his business expertise. While Atlantic City casino employees had their retirement savings wiped out, the share price rose from $.57 to $2.04/share, and Trump kept his $2 million salary after THCR emerged from bankruptcy, and took in more than $44 million in compensation over the course of 14 years he served as the company’s chairman.

Despite how many publications like the Washington Post, The New York Times, The Wall Street Journal, USA Today and others have done stellar work on reporting Donald Trump’s history of corrupt business practices which have left a trail of destruction and destruction in its wake, especially in Atlantic City. But I was deeply disappointed by how little the televised media and our leaders in Washington have touched upon his sordid history of corruption and abuse of power which I strongly believe are the core of his character and give an idea of what he really thinks about his white working class base. To him, they are just a means to the end meant to be cast aside once they’re no longer useful to him. I know their racial resentment and anxiety over demographic change was the main reason why so many of them voted for this unrespectable con artist to the presidency. But I think another big reason why he is in the White House today is the fact that many Americans don’t seem to take corporate crimes as seriously as they should since they hurt those with the least resources to defend themselves. Yet, when corporate executives steal from their employees and use their company to leverage debt and free themselves from responsibility for their bad decisions, ordinary working Americans suffer. And that is especially the case when workers are underpaid and in precarious situations that will result in termination if they ever dare complain or challenge their bosses. Trump’s crimes may be egregious but he’s far from the only man in Corporate America who’s screwed over his investors and employees. Wage theft is so endemic in this country that the average American has either been a victim of it or knows someone who has. And even when caught, employers who steal from their workers usually face little or no consequences. Since no Wall Street banker has been convicted for causing the Great Recession, I think addressing Trump’s shady business practices is a conversation is sorely needed on Capitol Hill and in our public squares, at least to make an example out of him.

I know criticizing Donald Trump in front of your constituents won’t be easy for you. I understand you don’t want to alienate potential voters. Yet, if not enough people in Congress don’t address Trump’s abuses of power and corruption as a businessman, including what he did to Atlantic City, then I deeply fear he might be on his way to winning a second term as president. Since the Constitution limits presidents to serving two terms, it’s very possible that Trump won’t need his white working class base anymore to retain power in the White House. I really don’t want to face the prospect of a Trump reelection victory. I have been through that nightmare once in my life resulting me crying myself to sleep afraid of what would happen to me and waking up early when I couldn’t sleep anymore. As a young woman on the autistic spectrum, I was almost inconsolable over the notion of losing my Medicaid coverage when the American Healthcare Act passed the House until the Senate’s ACA repeal plan died on the floor last summer. Since finding a job is difficult for me at the moment, I don’t ever want to go through that again. And since Medicaid is so essential for fighting the opioid crisis in this country which is now a national emergency, neither do you.

I know you are a good man and are nothing like the good for nothing piece of shit in the White House. You have made sacrifices to your country such as your time in the Marines and you support the welfare of those who served. And I do believe you care about ordinary Americans and their families. However, being a true advocate for your constituents shouldn’t just be about making stump speeches on what potential voters might want to hear. Though I know you do your best to fulfill the promises you’ve made. I am aware you don’t want to cause controversy among the public in Southwestern Pennsylvania. And considering you won your seat in a highly-contested special election by 755 votes, I wouldn’t blame you.

However, there comes a time when you must state the inconvenient truth that might make your constituents view you as a pariah in anger, which may put your political future at risk. Yet, if you want to prove that you’re truly on your constituents’ side and that you’re willing to put their interests first, then you must make a compelling, respectful, honest case to prove that Trump is taking them for suckers and has no intention to fix their problems. His history as a corrupt businessman who’s exploited employees and investors to enrich himself perfectly illustrates this. In fact, I have compiled a blog post in The Lone Girl in a Crowd highlighting decades worth of his corruption scandals with links if you’re interested. Yet, however vague and substance-lacking they were, Trump campaigned on some ideas similar to yours and promised similar things which unlike you, he had no intention to deliver. Many voters in the 18th District fell for it hook, line, and sinker. Living in a rural area, I witnessed the worst of it with people in my community flaunting Trump signs everywhere I went, of which I found deeply distressing. But even then, I knew Trump was working his art of the con since I had been conducting research on his past and building a case against him. Nonetheless, if you truly respect Trump voters, then you must tell them the truth, even if it brings you fits of rage from potential voters already sold on his brazen lies and false promises or costs your nascent career. Your constituents in Southwest Pennsylvania deserve nothing less.

Asking you to criticize Donald Trump at the risk of losing your career may not be the wisest of requests. Yet, with the Republican Party so deep in his support for this unrespectable man, I am desperately pleading you to stand up to him on behalf of the people in your district. Yet, while you denounce him as a fraud, assure your voters you will work with him if that’s possible and do everything you can to protect them against his cruel and hostile policies that only benefit him, his allies, and his corporate backers. Trump may value loyalty of his subordinates and supporters, but that doesn’t mean he will return the favor for he’s known to stab people in the back once they cease being useful to him or suddenly become a liability. And though he will provoke controversy to please his base, he will not go out of his way to help his supporters in any meaningful way that doesn’t benefit him in return. Since you’ve been a Marine, I’m sure you can show him what true loyalty means as you represent constituents who may not have voted for you and may not be able to give you anything in return.

“What to the Slave Is the Fourth of July?” by Frederick Douglass

Frederick_Douglass_by_Samuel_J_Miller,_1847-52.jpg

On July 5, 1852, the famed American abolitionist Frederick Douglass delivered a speech in Rochester, New York’s Corinthian Hall. Making this speech in front of then US President Millard Fillmore and other notable figures in the country, Douglass equates the treatment of slaves of that of the Americans under British rule and persuades them to help the slaves break free like they helped themselves. Like today, the concept of oppression is a strong one for Americans everywhere, which Douglass doesn’t tread lightly. In fact, he uses the country’s rich but then short history to show Americans how badly they treat their fellow countrymen in bondage. While he reminds them they were once treated as slaves, he stresses his view that slaves and Americans are the same and they’re fighting the same fight as they did back in the 1770s. And since slaves are human beings, they should be treated as such. In addition, while Douglass doesn’t speak against religion in general, he does criticize white American Christianity and how white Christian churches deal with slavery in which he expresses outrage on many sects’ utter lack of responsibility and egregious religious hypocrisy. But he believes that the United States doesn’t have to stay the way it is. The country can progress like it did before during the American Revolution and through religion, which he sees as the problem as well as the main solution. At least once people realize that they aren’t living true to what they say they believe and what the Bible actually says. Since while white Americans may be so proud of their country while rejoicing freedom and liberty, they deny these very things to millions of its residents.

Given that Douglass was born and raised a slave and among the few who was educated and broke free, he gives this speech as a fellow US citizen and a slave fighting for freedom for everyone.While the US is said to be built on the idea of freedom and liberty, Douglass shows that it’s more than anything built on inconsistencies that have been overlooked for so long that they now look like truths. And because of these inconsistencies in the country’s way of duty, it’s made the name “The United States of America,” one of mockery and often held in contempt. But if the nation just abolished slavery and give rights to all Americans, it will no longer be the case. Nonetheless, in the end, Douglass keeps his hope and faith in humanity high since he believes slavery’s end is near and that you can’t stop progress. For knowledge is too available and appeasing to shoo away when its services are inconvenient. And he believes that Americans will soon open their eyes and see the atrocities they’ve been inflicting on their fellow countrymen.

While slavery may be over for 150 years, its appalling legacy still remains in racism, oppression, mass incarceration, and discrimination. Today, the United States is under the leadership of a contemptible man who cares nothing for the country for which he leads nor its people. With Donald Trump in the White House undermining our democracy, poisoning our public discourse, smearing our institutions, crippling our government, debasing our sacred values, inflicting terror on the marginalized and putting us through a horrifying nightmare nobody can escape from, celebrating the Fourth of July doesn’t inspire the same patriotic spirit it once had. Even worse, people I know and care about continue to support this unrepentant con artist who’ll only swindle them in the end if he hasn’t already, which only riles me with anger, outrage, and disgust. I’ve copied and pasted this speech on this post for you since it reflects the mixed feelings many Americans like myself have in regards to the present state of affairs at this very dark time.

 

Mr. President, Friends and Fellow Citizens: He who could address this audience without a quailing sensation, has stronger nerves than I have. I do not remember ever to have appeared as a speaker before any assembly more shrinkingly, nor with greater distrust of my ability, than I do this day. A feeling has crept over me, quite unfavorable to the exercise of my limited powers of speech. The task before me is one which requires much previous thought and study for its proper performance. I know that apologies of this sort are generally considered flat and unmeaning. I trust, however, that mine will not be so considered. Should I seem at ease, my appearance would much misrepresent me. The little experience I have had in addressing public meetings, in country school houses, avails me nothing on the present occasion.

The papers and placards say, that I am to deliver a 4th [of] July oration. This certainly sounds large, and out of the common way, for it is true that I have often had the privilege to speak in this beautiful Hall, and to address many who now honor me with their presence. But neither their familiar faces, nor the perfect gage I think I have of Corinthian Hall, seems to free me from embarrassment.

The fact is, ladies and gentlemen, the distance between this platform and the slave plantation, from which I escaped, is considerable — and the difficulties to be overcome in getting from the latter to the former, are by no means slight. That I am here to-day is, to me, a matter of astonishment as well as of gratitude. You will not, therefore, be surprised, if in what I have to say, I evince no elaborate preparation, nor grace my speech with any high sounding exordium. With little experience and with less learning, I have been able to throw my thoughts hastily and imperfectly together; and trusting to your patient and generous indulgence, I will proceed to lay them before you.

This, for the purpose of this celebration, is the 4th of July. It is the birthday of your National Independence, and of your political freedom. This, to you, is what the Passover was to the emancipated people of God. It carries your minds back to the day, and to the act of your great deliverance; and to the signs, and to the wonders, associated with that act, and that day. This celebration also marks the beginning of another year of your national life; and reminds you that the Republic of America is now 76 years old. I am glad, fellow-citizens, that your nation is so young. Seventy-six years, though a good old age for a man, is but a mere speck in the life of a nation. Three score years and ten is the allotted time for individual men; but nations number their years by thousands.

According to this fact, you are, even now, only in the beginning of your national career, still lingering in the period of childhood. I repeat, I am glad this is so. There is hope in the thought, and hope is much needed, under the dark clouds which lower above the horizon. The eye of the reformer is met with angry flashes, portending disastrous times; but his heart may well beat lighter at the thought that America is young, and that she is still in the impressible stage of her existence. May he not hope that high lessons of wisdom, of justice and of truth, will yet give direction to her destiny? Were the nation older, the patriot’s heart might be sadder, and the reformer’s brow heavier. Its future might be shrouded in gloom, and the hope of its prophets go out in sorrow. There is consolation in the thought that America is young. Great streams are not easily turned from channels, worn deep in the course of ages. They may sometimes rise in quiet and stately majesty, and inundate the land, refreshing and fertilizing the earth with their mysterious properties. They may also rise in wrath and fury, and bear away, on their angry waves, the accumulated wealth of years of toil and hardship. They, however, gradually flow back to the same old channel, and flow on as serenely as ever. But, while the river may not be turned aside, it may dry up, and leave nothing behind but the withered branch, and the unsightly rock, to howl in the abyss-sweeping wind, the sad tale of departed glory. As with rivers so with nations.

Fellow-citizens, I shall not presume to dwell at length on the associations that cluster about this day. The simple story of it is that, 76 years ago, the people of this country were British subjects. The style and title of your “sovereign people” (in which you now glory) was not then born. You were under the British Crown. Your fathers esteemed the English Government as the home government; and England as the fatherland. This home government, you know, although a considerable distance from your home, did, in the exercise of its parental prerogatives, impose upon its colonial children, such restraints, burdens and limitations, as, in its mature judgement, it deemed wise, right and proper.

But, your fathers, who had not adopted the fashionable idea of this day, of the infallibility of government, and the absolute character of its acts, presumed to differ from the home government in respect to the wisdom and the justice of some of those burdens and restraints. They went so far in their excitement as to pronounce the measures of government unjust, unreasonable, and oppressive, and altogether such as ought not to be quietly submitted to. I scarcely need say, fellow-citizens, that my opinion of those measures fully accords with that of your fathers. Such a declaration of agreement on my part would not be worth much to anybody. It would, certainly, prove nothing, as to what part I might have taken, had I lived during the great controversy of 1776. To say now that America was right, and England wrong, is exceedingly easy.

Everybody can say it; the dastard, not less than the noble brave, can flippantly discant on the tyranny of England towards the American Colonies. It is fashionable to do so; but there was a time when to pronounce against England, and in favor of the cause of the colonies, tried men’s souls. They who did so were accounted in their day, plotters of mischief, agitators and rebels, dangerous men. To side with the right, against the wrong, with the weak against the strong, and with the oppressed against the oppressor! here lies the merit, and the one which, of all others, seems unfashionable in our day. The cause of liberty may be stabbed by the men who glory in the deeds of your fathers. But, to proceed.

Feeling themselves harshly and unjustly treated by the home government, your fathers, like men of honesty, and men of spirit, earnestly sought redress. They petitioned and remonstrated; they did so in a decorous, respectful, and loyal manner. Their conduct was wholly unexceptionable. This, however, did not answer the purpose. They saw themselves treated with sovereign indifference, coldness and scorn. Yet they persevered. They were not the men to look back.

As the sheet anchor takes a firmer hold, when the ship is tossed by the storm, so did the cause of your fathers grow stronger, as it breasted the chilling blasts of kingly displeasure. The greatest and best of British statesmen admitted its justice, and the loftiest eloquence of the British Senate came to its support. But, with that blindness which seems to be the unvarying characteristic of tyrants, since Pharaoh and his hosts were drowned in the Red Sea, the British Government persisted in the exactions complained of.

The madness of this course, we believe, is admitted now, even by England; but we fear the lesson is wholly lost on our present rulers.

Oppression makes a wise man mad. Your fathers were wise men, and if they did not go mad, they became restive under this treatment. They felt themselves the victims of grievous wrongs, wholly incurable in their colonial capacity. With brave men there is always a remedy for oppression. Just here, the idea of a total separation of the colonies from the crown was born! It was a startling idea, much more so, than we, at this distance of time, regard it. The timid and the prudent (as has been intimated) of that day, were, of course, shocked and alarmed by it.

Such people lived then, had lived before, and will, probably, ever have a place on this planet; and their course, in respect to any great change, (no matter how great the good to be attained, or the wrong to be redressed by it), may be calculated with as much precision as can be the course of the stars. They hate all changes, but silver, gold and copper change! Of this sort of change they are always strongly in favor.

These people were called tories in the days of your fathers; and the appellation, probably, conveyed the same idea that is meant by a more modern, though a somewhat less euphonious term, which we often find in our papers, applied to some of our old politicians.

Their opposition to the then dangerous thought was earnest and powerful; but, amid all their terror and affrighted vociferations against it, the alarming and revolutionary idea moved on, and the country with it.

On the 2d of July, 1776, the old Continental Congress, to the dismay of the lovers of ease, and the worshipers of property, clothed that dreadful idea with all the authority of national sanction. They did so in the form of a resolution; and as we seldom hit upon resolutions, drawn up in our day, whose transparency is at all equal to this, it may refresh your minds and help my story if I read it.

“Resolved, That these united colonies are, and of right, ought to be free and Independent States; that they are absolved from all allegiance to the British Crown; and that all political connection between them and the State of Great Britain is, and ought to be, dissolved.”

Citizens, your fathers made good that resolution. They succeeded; and to-day you reap the fruits of their success. The freedom gained is yours; and you, therefore, may properly celebrate this anniversary. The 4th of July is the first great fact in your nation’s history — the very ring-bolt in the chain of your yet undeveloped destiny.

Pride and patriotism, not less than gratitude, prompt you to celebrate and to hold it in perpetual remembrance. I have said that the Declaration of Independence is the ring-bolt to the chain of your nation’s destiny; so, indeed, I regard it. The principles contained in that instrument are saving principles. Stand by those principles, be true to them on all occasions, in all places, against all foes, and at whatever cost.

From the round top of your ship of state, dark and threatening clouds may be seen. Heavy billows, like mountains in the distance, disclose to the leeward huge forms of flinty rocks! That bolt drawn, that chain broken, and all is lost. Cling to this day — cling to it, and to its principles, with the grasp of a storm-tossed mariner to a spar at midnight.
The coming into being of a nation, in any circumstances, is an interesting event. But, besides general considerations, there were peculiar circumstances which make the advent of this republic an event of special attractiveness.

The whole scene, as I look back to it, was simple, dignified and sublime.

The population of the country, at the time, stood at the insignificant number of three millions. The country was poor in the munitions of war. The population was weak and scattered, and the country a wilderness unsubdued. There were then no means of concert and combination, such as exist now. Neither steam nor lightning had then been reduced to order and discipline. From the Potomac to the Delaware was a journey of many days. Under these, and innumerable other disadvantages, your fathers declared for liberty and independence and triumphed.

Fellow Citizens, I am not wanting in respect for the fathers of this republic. The signers of the Declaration of Independence were brave men. They were great men too — great enough to give fame to a great age. It does not often happen to a nation to raise, at one time, such a number of truly great men. The point from which I am compelled to view them is not, certainly, the most favorable; and yet I cannot contemplate their great deeds with less than admiration. They were statesmen, patriots and heroes, and for the good they did, and the principles they contended for, I will unite with you to honor their memory.

They loved their country better than their own private interests; and, though this is not the highest form of human excellence, all will concede that it is a rare virtue, and that when it is exhibited, it ought to command respect. He who will, intelligently, lay down his life for his country, is a man whom it is not in human nature to despise. Your fathers staked their lives, their fortunes, and their sacred honor, on the cause of their country. In their admiration of liberty, they lost sight of all other interests.

They were peace men; but they preferred revolution to peaceful submission to bondage. They were quiet men; but they did not shrink from agitating against oppression. They showed forbearance; but that they knew its limits. They believed in order; but not in the order of tyranny. With them, nothing was “settled” that was not right. With them, justice, liberty and humanity were “final;” not slavery and oppression. You may well cherish the memory of such men. They were great in their day and generation. Their solid manhood stands out the more as we contrast it with these degenerate times.

How circumspect, exact and proportionate were all their movements! How unlike the politicians of an hour! Their statesmanship looked beyond the passing moment, and stretched away in strength into the distant future. They seized upon eternal principles, and set a glorious example in their defence. Mark them!

Fully appreciating the hardship to be encountered, firmly believing in the right of their cause, honorably inviting the scrutiny of an on-looking world, reverently appealing to heaven to attest their sincerity, soundly comprehending the solemn responsibility they were about to assume, wisely measuring the terrible odds against them, your fathers, the fathers of this republic, did, most deliberately, under the inspiration of a glorious patriotism, and with a sublime faith in the great principles of justice and freedom, lay deep the corner-stone of the national superstructure, which has risen and still rises in grandeur around you.

Of this fundamental work, this day is the anniversary. Our eyes are met with demonstrations of joyous enthusiasm. Banners and pennants wave exultingly on the breeze. The din of business, too, is hushed. Even Mammon seems to have quitted his grasp on this day. The ear-piercing fife and the stirring drum unite their accents with the ascending peal of a thousand church bells. Prayers are made, hymns are sung, and sermons are preached in honor of this day; while the quick martial tramp of a great and multitudinous nation, echoed back by all the hills, valleys and mountains of a vast continent, bespeak the occasion one of thrilling and universal interests nation’s jubilee.

Friends and citizens, I need not enter further into the causes which led to this anniversary. Many of you understand them better than I do. You could instruct me in regard to them. That is a branch of knowledge in which you feel, perhaps, a much deeper interest than your speaker. The causes which led to the separation of the colonies from the British crown have never lacked for a tongue. They have all been taught in your common schools, narrated at your firesides, unfolded from your pulpits, and thundered from your legislative halls, and are as familiar to you as household words. They form the staple of your national poetry and eloquence.

I remember, also, that, as a people, Americans are remarkably familiar with all facts which make in their own favor. This is esteemed by some as a national trait — perhaps a national weakness. It is a fact, that whatever makes for the wealth or for the reputation of Americans, and can be had cheap! will be found by Americans. I shall not be charged with slandering Americans, if I say I think the American side of any question may be safely left in American hands.

I leave, therefore, the great deeds of your fathers to other gentlemen whose claim to have been regularly descended will be less likely to be disputed than mine!

THE PRESENT.

My business, if I have any here to-day, is with the present. The accepted time with God and his cause is the ever-living now.

“Trust no future, however pleasant,
Let the dead past bury its dead;
Act, act in the living present,
Heart within, and God overhead.”

We have to do with the past only as we can make it useful to the present and to the future. To all inspiring motives, to noble deeds which can be gained from the past, we are welcome. But now is the time, the important time. Your fathers have lived, died, and have done their work, and have done much of it well. You live and must die, and you must do your work. You have no right to enjoy a child’s share in the labor of your fathers, unless your children are to be blest by your labors. You have no right to wear out and waste the hard-earned fame of your fathers to cover your indolence. Sydney Smith tells us that men seldom eulogize the wisdom and virtues of their fathers, but to excuse some folly or wickedness of their own. This truth is not a doubtful one. There are illustrations of it near and remote, ancient and modern. It was fashionable, hundreds of years ago, for the children of Jacob to boast, we have “Abraham to our father,” when they had long lost Abraham’s faith and spirit. That people contented themselves under the shadow of Abraham’s great name, while they repudiated the deeds which made his name great. Need I remind you that a similar thing is being done all over this country to-day? Need I tell you that the Jews are not the only people who built the tombs of the prophets, and garnished the sepulchres of the righteous? Washington could not die till he had broken the chains of his slaves. Yet his monument is built up by the price of human blood, and the traders in the bodies and souls of men, shout — “We have Washington to our father.” Alas! that it should be so; yet so it is.

“The evil that men do, lives after them,
The good is oft’ interred with their bones.”

Fellow-citizens, pardon me, allow me to ask, why am I called upon to speak here to-day? What have I, or those I represent, to do with your national independence? Are the great principles of political freedom and of natural justice, embodied in that Declaration of Independence, extended to us? and am I, therefore, called upon to bring our humble offering to the national altar, and to confess the benefits and express devout gratitude for the blessings resulting from your independence to us?

Would to God, both for your sakes and ours, that an affirmative answer could be truthfully returned to these questions! Then would my task be light, and my burden easy and delightful. For who is there so cold, that a nation’s sympathy could not warm him?

Who so obdurate and dead to the claims of gratitude, that would not thankfully acknowledge such priceless benefits? Who so stolid and selfish, that would not give his voice to swell the hallelujahs of a nation’s jubilee, when the chains of servitude had been torn from his limbs? I am not that man. In a case like that, the dumb might eloquently speak, and the “lame man leap as an hart.”

But, such is not the state of the case. I say it with a sad sense of the disparity between us. I am not included within the pale of this glorious anniversary! Your high independence only reveals the immeasurable distance between us. The blessings in which you, this day, rejoice, are not enjoyed in common. The rich inheritance of justice, liberty, prosperity and independence, bequeathed by your fathers, is shared by you, not by me. The sunlight that brought life and healing to you, has brought stripes and death to me. This Fourth [of] July is yours, not mine. You may rejoice, I must mourn. To drag a man in fetters into the grand illuminated temple of liberty, and call upon him to join you in joyous anthems, were inhuman mockery and sacrilegious irony. Do you mean, citizens, to mock me, by asking me to speak to-day? If so, there is a parallel to your conduct. And let me warn you that it is dangerous to copy the example of a nation whose crimes, lowering up to heaven, were thrown down by the breath of the Almighty, burying that nation in irrecoverable ruin! I can to-day take up the plaintive lament of a peeled and woe-smitten people!

“By the rivers of Babylon, there we sat down. Yea! we wept when we remembered Zion. We hanged our harps upon the willows in the midst thereof. For there, they that carried us away captive, required of us a song; and they who wasted us required of us mirth, saying, Sing us one of the songs of Zion. How can we sing the Lord’s song in a strange land? If I forget thee, O Jerusalem, let my right hand forget her cunning. If I do not remember thee, let my tongue cleave to the roof of my mouth.”

Fellow-citizens; above your national, tumultuous joy, I hear the mournful wail of millions! whose chains, heavy and grievous yesterday, are, to-day, rendered more intolerable by the jubilee shouts that reach them. If I do forget, if I do not faithfully remember those bleeding children of sorrow this day, “may my right hand forget her cunning, and may my tongue cleave to the roof of my mouth!” To forget them, to pass lightly over their wrongs, and to chime in with the popular theme, would be treason most scandalous and shocking, and would make me a reproach before God and the world. My subject, then fellow-citizens, is AMERICAN SLAVERY. I shall see, this day, and its popular characteristics, from the slave’s point of view. Standing, there, identified with the American bondman, making his wrongs mine, I do not hesitate to declare, with all my soul, that the character and conduct of this nation never looked blacker to me than on this 4th of July! Whether we turn to the declarations of the past, or to the professions of the present, the conduct of the nation seems equally hideous and revolting. America is false to the past, false to the present, and solemnly binds herself to be false to the future. Standing with God and the crushed and bleeding slave on this occasion, I will, in the name of humanity which is outraged, in the name of liberty which is fettered, in the name of the constitution and the Bible, which are disregarded and trampled upon, dare to call in question and to denounce, with all the emphasis I can command, everything that serves to perpetuate slavery-the great sin and shame of America! “I will not equivocate; I will not excuse;” I will use the severest language I can command; and yet not one word shall escape me that any man, whose judgement is not blinded by prejudice, or who is not at heart a slaveholder, shall not confess to be right and just.

But I fancy I hear some one of my audience say, it is just in this circumstance that you and your brother abolitionists fail to make a favorable impression on the public mind. Would you argue more, and denounce less, would you persuade more, and rebuke less, your cause would be much more likely to succeed. But, I submit, where all is plain there is nothing to be argued. What point in the anti-slavery creed would you have me argue? On what branch of the subject do the people of this country need light? Must I undertake to prove that the slave is a man? That point is conceded already. Nobody doubts it. The slaveholders themselves acknowledge it in the enactment of laws for their government. They acknowledge it when they punish disobedience on the part of the slave. There are seventy-two crimes in the State of Virginia, which, if committed by a black man, (no matter how ignorant he be), subject him to the punishment of death; while only two of the same crimes will subject a white man to the like punishment. What is this but the acknowledgement that the slave is a moral, intellectual and responsible being? The manhood of the slave is conceded. It is admitted in the fact that Southern statute books are covered with enactments forbidding, under severe fines and penalties, the teaching of the slave to read or to write. When you can point to any such laws, in reference to the beasts of the field, then I may consent to argue the manhood of the slave. When the dogs in your streets, when the fowls of the air, when the cattle on your hills, when the fish of the sea, and the reptiles that crawl, shall be unable to distinguish the slave from a brute, there will I argue with you that the slave is a man!

For the present, it is enough to affirm the equal manhood of the negro race. Is it not astonishing that, while we are ploughing, planting and reaping, using all kinds of mechanical tools, erecting houses, constructing bridges, building ships, working in metals of brass, iron, copper, silver and gold; that, while we are reading, writing and cyphering, acting as clerks, merchants and secretaries, having among us lawyers, doctors, ministers, poets, authors, editors, orators and teachers; that, while we are engaged in all manner of enterprises common to other men, digging gold in California, capturing the whale in the Pacific, feeding sheep and cattle on the hill-side, living, moving, acting, thinking, planning, living in families as husbands, wives and children, and, above all, confessing and worshipping the Christian’s God, and looking hopefully for life and immortality beyond the grave, we are called upon to prove that we are men!

Would you have me argue that man is entitled to liberty? that he is the rightful owner of his own body? You have already declared it. Must I argue the wrongfulness of slavery? Is that a question for Republicans? Is it to be settled by the rules of logic and argumentation, as a matter beset with great difficulty, involving a doubtful application of the principle of justice, hard to be understood? How should I look to-day, in the presence of Americans, dividing, and subdividing a discourse, to show that men have a natural right to freedom? speaking of it relatively, and positively, negatively, and affirmatively. To do so, would be to make myself ridiculous, and lo offer an insult to your understanding. There is not a man beneath the canopy of heaven, that does not know that slavery is wrong for him.

What, am I to argue that it is wrong to make men brutes, to rob them of their liberty, to work them without wages, to keep them ignorant of their relations to their fellow men, to beat them with sticks, to flay their flesh with the lash, to load their limbs with irons, to hunt them with dogs, to sell them at auction, to sunder their families, to knock out their teeth, to burn their flesh, to starve them into obedience and submission to their masters? Must I argue that a system thus marked with blood, and stained with pollution, is wrong? No! I will not. I have better employments for my time and strength, than such arguments would imply.

What, then, remains to be argued? Is it that slavery is not divine; that God did not establish it; that our doctors of divinity are mistaken? There is blasphemy in the thought. That which is inhuman, cannot be divine! Who can reason on such a proposition? They that can, may; I cannot. The time for such argument is past.

At a time like this, scorching irony, not convincing argument, is needed. O! had I the ability, and could I reach the nation’s ear, I would, to-day, pour out a fiery stream of biting ridicule, blasting reproach, withering sarcasm, and stern rebuke. For it is not light that is needed, but fire; it is not the gentle shower, but thunder. We need the storm, the whirlwind, and the earthquake. The feeling of the nation must be quickened; the conscience of the nation must be roused; the propriety of the nation must be startled; the hypocrisy of the nation must be exposed; and its crimes against God and man must be proclaimed and denounced.

What, to the American slave, is your 4th of July? I answer: a day that reveals to him, more than all other days in the year, the gross injustice and cruelty to which he is the constant victim. To him, your celebration is a sham; your boasted liberty, an unholy license; your national greatness, swelling vanity; your sounds of rejoicing are empty and heartless; your denunciations of tyrants, brass fronted impudence; your shouts of liberty and equality, hollow mockery; your prayers and hymns, your sermons and thanksgivings, with all your religious parade, and solemnity, are, to him, mere bombast, fraud, deception, impiety, and hypocrisy — a thin veil to cover up crimes which would disgrace a nation of savages. There is not a nation on the earth guilty of practices, more shocking and bloody, than are the people of these United States, at this very hour.

Go where you may, search where you will, roam through all the monarchies and despotisms of the old world, travel through South America, search out every abuse, and when you have found the last, lay your facts by the side of the everyday practices of this nation, and you will say with me, that, for revolting barbarity and shameless hypocrisy, America reigns without a rival.

INTERNAL SLAVE TRADE

Take the American slave-trade, which, we are told by the papers, is especially prosperous just now. Ex-Senator Benton tells us that the price of men was never higher than now. He mentions the fact to show that slavery is in no danger. This trade is one of the peculiarities of American institutions. It is carried on in all the large towns and cities in one-half of this confederacy; and millions are pocketed every year, by dealers in this horrid traffic. In several states, this trade is a chief source of wealth. It is called (in contradistinction to the foreign slave-trade) “the internal slave trade.” It is, probably, called so, too, in order to divert from it the horror with which the foreign slave-trade is contemplated. That trade has long since been denounced by this government, as piracy. It has been denounced with burning words, from the high places of the nation, as an execrable traffic. To arrest it, to put an end to it, this nation keeps a squadron, at immense cost, on the coast of Africa. Everywhere, in this country, it is safe to speak of this foreign slave-trade, as a most inhuman traffic, opposed alike to the laws of God and of man. The duty to extirpate and destroy it, is admitted even by our DOCTORS OF DIVINITY. In order to put an end to it, some of these last have consented that their colored brethren (nominally free) should leave this country, and establish themselves on the western coast of Africa! It is, however, a notable fact that, while so much execration is poured out by Americans upon those engaged in the foreign slave-trade, the men engaged in the slave-trade between the states pass without condemnation, and their business is deemed honorable.

Behold the practical operation of this internal slave-trade, the American slave-trade, sustained by American politics and American religion. Here you will see men and women reared like swine for the market. You know what is a swine-drover? I will show you a man-drover. They inhabit all our Southern States. They perambulate the country, and crowd the highways of the nation, with droves of human stock. You will see one of these human flesh-jobbers, armed with pistol, whip and bowie-knife, driving a company of a hundred men, women, and children, from the Potomac to the slave market at New Orleans. These wretched people are to be sold singly, or in lots, to suit purchasers. They are food for the cotton-field, and the deadly sugar-mill. Mark the sad procession, as it moves wearily along, and the inhuman wretch who drives them. Hear his savage yells and his blood-chilling oaths, as he hurries on his affrighted captives! There, see the old man, with locks thinned and gray. Cast one glance, if you please, upon that young mother, whose shoulders are bare to the scorching sun, her briny tears falling on the brow of the babe in her arms. See, too, that girl of thirteen, weeping, yes! weeping, as she thinks of the mother from whom she has been torn! The drove moves tardily. Heat and sorrow have nearly consumed their strength; suddenly you hear a quick snap, like the discharge of a rifle; the fetters clank, and the chain rattles simultaneously; your ears are saluted with a scream, that seems to have torn its way to the centre of your soul! The crack you heard, was the sound of the slave-whip; the scream you heard, was from the woman you saw with the babe. Her speed had faltered under the weight of her child and her chains! that gash on her shoulder tells her to move on. Follow this drove to New Orleans. Attend the auction; see men examined like horses; see the forms of women rudely and brutally exposed to the shocking gaze of American slave-buyers. See this drove sold and separated forever; and never forget the deep, sad sobs that arose from that scattered multitude. Tell me citizens, WHERE, under the sun, you can witness a spectacle more fiendish and shocking. Yet this is but a glance at the American slave-trade, as it exists, at this moment, in the ruling part of the United States.

I was born amid such sights and scenes. To me the American slave-trade is a terrible reality. When a child, my soul was often pierced with a sense of its horrors. I lived on Philpot Street, Fell’s Point, Baltimore, and have watched from the wharves, the slave ships in the Basin, anchored from the shore, with their cargoes of human flesh, waiting for favorable winds to waft them down the Chesapeake. There was, at that time, a grand slave mart kept at the head of Pratt Street, by Austin Woldfolk. His agents were sent into every town and county in Maryland, announcing their arrival, through the papers, and on flaming “hand-bills,” headed CASH FOR NEGROES. These men were generally well dressed men, and very captivating in their manners. Ever ready to drink, to treat, and to gamble. The fate of many a slave has depended upon the turn of a single card; and many a child has been snatched from the arms of its mother by bargains arranged in a state of brutal drunkenness.

The flesh-mongers gather up their victims by dozens, and drive them, chained, to the general depot at Baltimore. When a sufficient number have been collected here, a ship is chartered, for the purpose of conveying the forlorn crew to Mobile, or to New Orleans. From the slave prison to the ship, they are usually driven in the darkness of night; for since the antislavery agitation, a certain caution is observed.

In the deep still darkness of midnight, I have been often aroused by the dead heavy footsteps, and the piteous cries of the chained gangs that passed our door. The anguish of my boyish heart was intense; and I was often consoled, when speaking to my mistress in the morning, to hear her say that the custom was very wicked; that she hated to hear the rattle of the chains, and the heart-rending cries. I was glad to find one who sympathised with me in my horror.

Fellow-citizens, this murderous traffic is, to-day, in active operation in this boasted republic. In the solitude of my spirit, I see clouds of dust raised on the highways of the South; I see the bleeding footsteps; I hear the doleful wail of fettered humanity, on the way to the slave-markets, where the victims are to be sold like horses, sheep, and swine, knocked off to the highest bidder. There I see the tenderest ties ruthlessly broken, to gratify the lust, caprice and rapacity of the buyers and sellers of men. My soul sickens at the sight.

“Is this the land your Fathers loved,
The freedom which they toiled to win?
Is this the earth whereon they moved?
Are these the graves they slumber in?”

But a still more inhuman, disgraceful, and scandalous state of things remains to be presented.

By an act of the American Congress, not yet two years old, slavery has been nationalized in its most horrible and revolting form. By that act, Mason & Dixon’s line has been obliterated; New York has become as Virginia; and the power to hold, hunt, and sell men, women, and children as slaves remains no longer a mere state institution, but is now an institution of the whole United States. The power is co-extensive with the star-spangled banner and American Christianity. Where these go, may also go the merciless slave-hunter. Where these are, man is not sacred. He is a bird for the sportsman’s gun. By that most foul and fiendish of all human decrees, the liberty and person of every man are put in peril. Your broad republican domain is hunting ground for men. Not for thieves and robbers, enemies of society, merely, but for men guilty of no crime. Your lawmakers have commanded all good citizens to engage in this hellish sport. Your President, your Secretary of State, your lords, nobles, and ecclesiastics, enforce, as a duty you owe to your free and glorious country, and to your God, that you do this accursed thing. Not fewer than forty Americans have, within the past two years, been hunted down and, without a moment’s warning, hurried away in chains, and consigned to slavery and excruciating torture. Some of these have had wives and children, dependent on them for bread; but of this, no account was made. The right of the hunter to his prey stands superior to the right of marriage, and to all rights in this republic, the rights of God included! For black men there are neither law, justice, humanity, not religion. The Fugitive Slave Law makes MERCY TO THEM, A CRIME; and bribes the judge who tries them. An American JUDGE GETS TEN DOLLARS FOR EVERY VICTIM HE CONSIGNS to slavery, and five, when he fails to do so. The oath of any two villains is sufficient, under this hell-black enactment, to send the most pious and exemplary black man into the remorseless jaws of slavery! His own testimony is nothing. He can bring no witnesses for himself. The minister of American justice is bound by the law to hear but one side; and that side, is the side of the oppressor. Let this damning fact be perpetually told. Let it be thundered around the world, that, in tyrant-killing, king-hating, people-loving, democratic, Christian America, the seats of justice are filled with judges, who hold their offices under an open and palpable bribe, and are bound, in deciding in the case of a man’s liberty, hear only his accusers!

In glaring violation of justice, in shameless disregard of the forms of administering law, in cunning arrangement to entrap the defenceless, and in diabolical intent, this Fugitive Slave Law stands alone in the annals of tyrannical legislation. I doubt if there be another nation on the globe, having the brass and the baseness to put such a law on the statute-book. If any man in this assembly thinks differently from me in this matter, and feels able to disprove my statements, I will gladly confront him at any suitable time and place he may select.

RELIGIOUS LIBERTY

I take this law to be one of the grossest infringements of Christian Liberty, and, if the churches and ministers of our country were not stupidly blind, or most wickedly indifferent, they, too, would so regard it.

At the very moment that they are thanking God for the enjoyment of civil and religious liberty, and for the right to worship God according to the dictates of their own consciences, they are utterly silent in respect to a law which robs religion of its chief significance, and makes it utterly worthless to a world lying in wickedness. Did this law concern the “mint, anise and cummin”— abridge the right to sing psalms, to partake of the sacrament, or to engage in any of the ceremonies of religion, it would be smitten by the thunder of a thousand pulpits. A general shout would go up from the church, demanding repeal, repeal, instant repeal! And it would go hard with that politician who presumed to solicit the votes of the people without inscribing this motto on his banner.

Further, if this demand were not complied with, another Scotland would be added to the history of religious liberty, and the stern old Covenanters would be thrown into the shade. A John Knox would be seen at every church door, and heard from every pulpit, and Fillmore would have no more quarter than was shown by Knox, to the beautiful, but treacherous queen Mary of Scotland. The fact that the church of our country, (with fractional exceptions), does not esteem “the Fugitive Slave Law” as a declaration of war against religious liberty, implies that that church regards religion simply as a form of worship, an empty ceremony, and not a vital principle, requiring active benevolence, justice, love and good will towards man. It esteems sacrifice above mercy; psalm-singing above right doing; solemn meetings above practical righteousness. A worship that can be conducted by persons who refuse to give shelter to the houseless, to give bread to the hungry, clothing to the naked, and who enjoin obedience to a law forbidding these acts of mercy, is a curse, not a blessing to mankind. The Bible addresses all such persons as “scribes, pharisees, hypocrites, who pay tithe of mint, anise, and cummin, and have omitted the weightier matters of the law, judgement, mercy and faith.”

THE CHURCH RESPONSIBLE

But the church of this country is not only indifferent to the wrongs of the slave, it actually takes sides with the oppressors. It has made itself the bulwark of American slavery, and the shield of American slave-hunters. Many of its most eloquent Divines. who stand as the very lights of the church, have shamelessly given the sanction of religion and the Bible to the whole slave system. They have taught that man may, properly, be a slave; that the relation of master and slave is ordained of God; that to send back an escaped bondman to his master is clearly the duty of all the followers of the Lord Jesus Christ; and this horrible blasphemy is palmed off upon the world for Christianity.

For my part, I would say, welcome infidelity! welcome atheism! welcome anything! in preference to the gospel, as preached by those Divines! They convert the very name of religion into an engine of tyranny, and barbarous cruelty, and serve to confirm more infidels, in this age, than all the infidel writings of Thomas Paine, Voltaire, and Bolingbroke, put together, have done! These ministers make religion a cold and flinty-hearted thing, having neither principles of right action, nor bowels of compassion. They strip the love of God of its beauty, and leave the throne of religion a huge, horrible, repulsive form. It is a religion for oppressors, tyrants, man-stealers, and thugs. It is not that “pure and undefiled religion” which is from above, and which is “first pure, then peaceable, easy to be entreated, full of mercy and good fruits, without partiality, and without hypocrisy.” But a religion which favors the rich against the poor; which exalts the proud above the humble; which divides mankind into two classes, tyrants and slaves; which says to the man in chains, stay there; and to the oppressor, oppress on; it is a religion which may be professed and enjoyed by all the robbers and enslavers of mankind; it makes God a respecter of persons, denies his fatherhood of the race, and tramples in the dust the great truth of the brotherhood of man. All this we affirm to be true of the popular church, and the popular worship of our land and nation — a religion, a church, and a worship which, on the authority of inspired wisdom, we pronounce to be an abomination in the sight of God. In the language of Isaiah, the American church might be well addressed, “Bring no more vain ablations; incense is an abomination unto me: the new moons and Sabbaths, the calling of assemblies, I cannot away with; it is iniquity, even the solemn meeting. Your new moons and your appointed feasts my soul hateth. They are a trouble to me; I am weary to bear them; and when ye spread forth your hands I will hide mine eyes from you. Yea! when ye make many prayers, I will not hear. YOUR HANDS ARE FULL OF BLOOD; cease to do evil, learn to do well; seek judgement; relieve the oppressed; judge for the fatherless; plead for the widow.”

The American church is guilty, when viewed in connection with what it is doing to uphold slavery; but it is superlatively guilty when viewed in connection with its ability to abolish slavery. The sin of which it is guilty is one of omission as well as of commission. Albert Barnes but uttered what the common sense of every man at all observant of the actual state of the case will receive as truth, when he declared that “There is no power out of the church that could sustain slavery an hour, if it were not sustained in it.”

Let the religious press, the pulpit, the Sunday school, the conference meeting, the great ecclesiastical, missionary, Bible and tract associations of the land array their immense powers against slavery and slave-holding; and the whole system of crime and blood would be scattered to the winds; and that they do not do this involves them in the most awful responsibility of which the mind can conceive.

In prosecuting the anti-slavery enterprise, we have been asked to spare the church, to spare the ministry; but how, we ask, could such a thing be done? We are met on the threshold of our efforts for the redemption of the slave, by the church and ministry of the country, in battle arrayed against us; and we are compelled to fight or flee. From what quarter, I beg to know, has proceeded a fire so deadly upon our ranks, during the last two years, as from the Northern pulpit? As the champions of oppressors, the chosen men of American theology have appeared — men, honored for their so-called piety, and their real learning. The LORDS of Buffalo, the SPRINGS of New York, the LATHROPS of Auburn, the COXES and SPENCERS of Brooklyn, the GANNETS and SHARPS of Boston, the DEWEYS of Washington, and other great religious lights of the land, have, in utter denial of the authority of Him, by whom they professed to he called to the ministry, deliberately taught us, against the example of the Hebrews and against the remonstrance of the Apostles, they teach “that we ought to obey man’s law before the law of God.”

My spirit wearies of such blasphemy; and how such men can be supported, as the “standing types and representatives of Jesus Christ,” is a mystery which I leave others to penetrate. In speaking of the American church, however, let it be distinctly understood that I mean the great mass of the religious organizations of our land. There are exceptions, and I thank God that there are. Noble men may be found, scattered all over these Northern States, of whom Henry Ward Beecher of Brooklyn, Samuel J. May of Syracuse, and my esteemed friend on the platform, are shining examples; and let me say further, that upon these men lies the duty to inspire our ranks with high religious faith and zeal, and to cheer us on in the great mission of the slave’s redemption from his chains.

RELIGION IN ENGLAND AND RELIGION IN AMERICA

One is struck with the difference between the attitude of the American church towards the anti-slavery movement, and that occupied by the churches in England towards a similar movement in that country. There, the church, true to its mission of ameliorating, elevating, and improving the condition of mankind, came forward promptly, bound up the wounds of the West Indian slave, and restored him to his liberty. There, the question of emancipation was a high[ly] religious question. It was demanded, in the name of humanity, and according to the law of the living God. The Sharps, the Clarksons, the Wilberforces, the Buxtons, and Burchells and the Knibbs, were alike famous for their piety, and for their philanthropy. The anti-slavery movement there was not an anti-church movement, for the reason that the church took its full share in prosecuting that movement: and the anti-slavery movement in this country will cease to be an anti-church movement, when the church of this country shall assume a favorable, instead of a hostile position towards that movement. Americans! your republican politics, not less than your republican religion, are flagrantly inconsistent. You boast of your love of liberty, your superior civilization, and your pure Christianity, while the whole political power of the nation (as embodied in the two great political parties), is solemnly pledged to support and perpetuate the enslavement of three millions of your countrymen. You hurl your anathemas at the crowned headed tyrants of Russia and Austria, and pride yourselves on your Democratic institutions, while you yourselves consent to be the mere tools and bodyguards of the tyrants of Virginia and Carolina. You invite to your shores fugitives of oppression from abroad, honor them with banquets, greet them with ovations, cheer them, toast them, salute them, protect them, and pour out your money to them like water; but the fugitives from your own land you advertise, hunt, arrest, shoot and kill. You glory in your refinement and your universal education; yet you maintain a system as barbarous and dreadful as ever stained the character of a nation — a system begun in avarice, supported in pride, and perpetuated in cruelty. You shed tears over fallen Hungary, and make the sad story of her wrongs the theme of your poets, statesmen and orators, till your gallant sons are ready to fly to arms to vindicate her cause against her oppressors; but, in regard to the ten thousand wrongs of the American slave, you would enforce the strictest silence, and would hail him as an enemy of the nation who dares to make those wrongs the subject of public discourse! You are all on fire at the mention of liberty for France or for Ireland; but are as cold as an iceberg at the thought of liberty for the enslaved of America. You discourse eloquently on the dignity of labor; yet, you sustain a system which, in its very essence, casts a stigma upon labor. You can bare your bosom to the storm of British artillery to throw off a threepenny tax on tea; and yet wring the last hard-earned farthing from the grasp of the black laborers of your country. You profess to believe “that, of one blood, God made all nations of men to dwell on the face of all the earth,” and hath commanded all men, everywhere to love one another; yet you notoriously hate, (and glory in your hatred), all men whose skins are not colored like your own. You declare, before the world, and are understood by the world to declare, that you “hold these truths to be self evident, that all men are created equal; and are endowed by their Creator with certain inalienable rights; and that, among these are, life, liberty, and the pursuit of happiness;” and yet, you hold securely, in a bondage which, according to your own Thomas Jefferson, “is worse than ages of that which your fathers rose in rebellion to oppose,” a seventh part of the inhabitants of your country.

Fellow-citizens! I will not enlarge further on your national inconsistencies. The existence of slavery in this country brands your republicanism as a sham, your humanity as a base pretence, and your Christianity as a lie. It destroys your moral power abroad; it corrupts your politicians at home. It saps the foundation of religion; it makes your name a hissing, and a by word to a mocking earth. It is the antagonistic force in your government, the only thing that seriously disturbs and endangers your Union. It fetters your progress; it is the enemy of improvement, the deadly foe of education; it fosters pride; it breeds insolence; it promotes vice; it shelters crime; it is a curse to the earth that supports it; and yet, you cling to it, as if it were the sheet anchor of all your hopes. Oh! be warned! be warned! a horrible reptile is coiled up in your nation’s bosom; the venomous creature is nursing at the tender breast of your youthful republic; for the love of God, tear away, and fling from you the hideous monster, and let the weight of twenty millions crush and destroy it forever!

THE CONSTITUTION

But it is answered in reply to all this, that precisely what I have now denounced is, in fact, guaranteed and sanctioned by the Constitution of the United States; that the right to hold and to hunt slaves is a part of that Constitution framed by the illustrious Fathers of this Republic.

Then, I dare to affirm, notwithstanding all I have said before, your fathers stooped, basely stooped

“To palter with us in a double sense:
And keep the word of promise to the ear,
But break it to the heart.”

And instead of being the honest men I have before declared them to be, they were the veriest imposters that ever practised on mankind. This is the inevitable conclusion, and from it there is no escape. But I differ from those who charge this baseness on the framers of the Constitution of the United States. It is a slander upon their memory, at least, so I believe. There is not time now to argue the constitutional question at length — nor have I the ability to discuss it as it ought to be discussed. The subject has been handled with masterly power by Lysander Spooner, Esq., by William Goodell, by Samuel E. Sewall, Esq., and last, though not least, by Gerritt Smith, Esq. These gentlemen have, as I think, fully and clearly vindicated the Constitution from any design to support slavery for an hour.

Fellow-citizens! there is no matter in respect to which, the people of the North have allowed themselves to be so ruinously imposed upon, as that of the pro-slavery character of the Constitution. In that instrument I hold there is neither warrant, license, nor sanction of the hateful thing; but, interpreted as it ought to be interpreted, the Constitution is a GLORIOUS LIBERTY DOCUMENT. Read its preamble, consider its purposes. Is slavery among them? Is it at the gateway? or is it in the temple? It is neither. While I do not intend to argue this question on the present occasion, let me ask, if it be not somewhat singular that, if the Constitution were intended to be, by its framers and adopters, a slave-holding instrument, why neither slavery, slaveholding, nor slave can anywhere be found in it. What would be thought of an instrument, drawn up, legally drawn up, for the purpose of entitling the city of Rochester to a tract of land, in which no mention of land was made? Now, there are certain rules of interpretation, for the proper understanding of all legal instruments. These rules are well established. They are plain, common-sense rules, such as you and I, and all of us, can understand and apply, without having passed years in the study of law. I scout the idea that the question of the constitutionality or unconstitutionality of slavery is not a question for the people. I hold that every American citizen has a right to form an opinion of the constitution, and to propagate that opinion, and to use all honorable means to make his opinion the prevailing one. Without this right, the liberty of an American citizen would be as insecure as that of a Frenchman. Ex-Vice-President Dallas tells us that the constitution is an object to which no American mind can be too attentive, and no American heart too devoted. He further says, the constitution, in its words, is plain and intelligible, and is meant for the home-bred, unsophisticated understandings of our fellow-citizens. Senator Berrien tell us that the Constitution is the fundamental law, that which controls all others. The charter of our liberties, which every citizen has a personal interest in understanding thoroughly. The testimony of Senator Breese, Lewis Cass, and many others that might be named, who are everywhere esteemed as sound lawyers, so regard the constitution. I take it, therefore, that it is not presumption in a private citizen to form an opinion of that instrument.

Now, take the constitution according to its plain reading, and I defy the presentation of a single pro-slavery clause in it. On the other hand it will be found to contain principles and purposes, entirely hostile to the existence of slavery.

I have detained my audience entirely too long already. At some future period I will gladly avail myself of an opportunity to give this subject a full and fair discussion.

Allow me to say, in conclusion, notwithstanding the dark picture I have this day presented of the state of the nation, I do not despair of this country. There are forces in operation, which must inevitably work The downfall of slavery. “The arm of the Lord is not shortened,” and the doom of slavery is certain. I, therefore, leave off where I began, with hope. While drawing encouragement from the Declaration of Independence, the great principles it contains, and the genius of American Institutions, my spirit is also cheered by the obvious tendencies of the age. Nations do not now stand in the same relation to each other that they did ages ago. No nation can now shut itself up from the surrounding world, and trot round in the same old path of its fathers without interference. The time was when such could be done. Long established customs of hurtful character could formerly fence themselves in, and do their evil work with social impunity. Knowledge was then confined and enjoyed by the privileged few, and the multitude walked on in mental darkness. But a change has now come over the affairs of mankind. Walled cities and empires have become unfashionable. The arm of commerce has borne away the gates of the strong city. Intelligence is penetrating the darkest corners of the globe. It makes its pathway over and under the sea, as well as on the earth. Wind, steam, and lightning are its chartered agents. Oceans no longer divide, but link nations together. From Boston to London is now a holiday excursion. Space is comparatively annihilated. Thoughts expressed on one side of the Atlantic are, distinctly heard on the other. The far off and almost fabulous Pacific rolls in grandeur at our feet. The Celestial Empire, the mystery of ages, is being solved. The fiat of the Almighty, “Let there be Light,” has not yet spent its force. No abuse, no outrage whether in taste, sport or avarice, can now hide itself from the all-pervading light. The iron shoe, and crippled foot of China must be seen, in contrast with nature. Africa must rise and put on her yet unwoven garment. “Ethiopia shall stretch out her hand unto God.”[13] In the fervent aspirations of William Lloyd Garrison, I say, and let every heart join in saying it:

God speed the year of jubilee
The wide world o’er!
When from their galling chains set free,
Th’ oppress’d shall vilely bend the knee,
And wear the yoke of tyranny
Like brutes no more.
That year will come, and freedom’s reign,
To man his plundered rights again
Restore.

God speed the day when human blood
Shall cease to flow!
In every clime be understood,
The claims of human brotherhood,
And each return for evil, good,
Not blow for blow;
That day will come all feuds to end
And change into a faithful friend
Each foe.

God speed the hour, the glorious hour,
When none on earth
Shall exercise a lordly power,
Nor in a tyrant’s presence cower;
But all to manhood’s stature tower,
By equal birth!
THAT HOUR WILL, COME, to each, to all,
And from his prison-house, the thrall
Go forth.

Until that year, day, hour, arrive,
With head, and heart, and hand I’ll strive,
To break the rod, and rend the gyve,
The spoiler of his prey deprive–
So witness Heaven!
And never from my chosen post,
Whate’er the peril or the cost,
Be driven.

What Is Civility?

On Friday, June 22, 2018, White House Press Secretary Sarah Huckabee Sanders tried to dine at a table reserved for 8 reserved in her husband’s name at a Lexington, Virginia restaurant called the Red Hen. When she arrived, restaurant employees called co-owner Stephanie Wilkinson asking what they should do. While she drove to the place, the staff served Sanders and the rest of her party cheese boards and took their orders. But once Wilkinson arrived, the workers took a vote, she asked Sanders to come outside, told her the restaurant has “certain standards” to uphold, “such as honesty, and compassion, and cooperation,” and asked her to leave. Sanders complied along with the rest of her party who didn’t need to. They offered to pay, but Wilkinson told them it was, “on the house.”
Like many incidents these days, this episode found its way on the internet. An end-of-shift note appeared on Twitter with “86 – Sarah Huckabee Sanders” (an 86 meaning in restaurant lingo as someone who isn’t allowed to be served or an item that isn’t on the menu or in stock). A waiter wrote a Facebook post about serving Sanders “a total of 2 minutes” before the owner asked her to leave. On Saturday morning, the press secretary tweeted, “I always do my best to treat people, including those I disagree with, respectfully and will continue to do so.” Wilkinson told the Washington Post that she doesn’t regret her decision asking Sanders to leave, “We just felt there are moments in time when people need to live their convictions. This appeared to be one.”

Nonetheless, the Red Hen incident is the latest in a string of events where Trump administration officials have found themselves unwelcome in their efforts to dine out in peace. Last week, protestors confronted Secretary of Homeland Security Kirstjen Nielsen at a Washington D.C. Mexican restaurant over the administration’s family separation policy. White House adviser and Josef Goebbels lookalike Stephen Miller was called a fascist while dining at another D.C. Mexican joint. But when the Red Hen’s owner politely asked Sarah Huckabee Sanders to leave her establishment, it ignited a debate over civility, political protest, and how Trump officials should be treated in public swirled over the weekend and spilled over that Monday. It was a fight pitting self-styled defenders of civility and political norms against angry progressives arguing that the Trump administration should be resisted by any means necessary, including confronting its officials in public. In fact, the Washington Post’s editorial board criticize the decision to refuse Sanders service as signifying the breakdown of civility and basic manners in American culture. They called for Sanders, Nielsen, and Miller to “be allowed to eat dinner in peace,” writing, “Those who are insisting that we are in a special moment justifying incivility should think for a moment how many Americans might find their own special moment in which only the most zealous sign up for public service.” Others, including Democratic California Congresswoman Maxine Waters argued administration officials have forfeited their right in expecting public niceties by aligning themselves with Donald Trump in the first place. As she told MSNBC, “I have no sympathy for these people that are in this administration who know it is wrong what they’re doing.”

At any rate, this public debate around the concept of civility in the political discourse is utterly ridiculous. For one, American politics are uncivil for as long as this country existed with countless incidents of political violence with those pertaining civil and labor rights being among the most contentious. During the Civil Rights Movement, you’ll find plenty of demonstrators jailed, beat up, or killed for peacefully standing up against racial segregation. The notion of a White House press secretary being asked to leave a restaurant as signaling the breakdown in civility and basic manners in American culture is laughable in the trainwreck presidency of Donald Trump, let alone American history in general. Secondly, the incivility is mainly coming from the Trump White House since Trump and his administration have flouted the norms of political discourse far more often than their opponents. Seriously, in the 2016 presidential campaign alone, Trump called Mexicans rapists, mocked a disabled reporter, encouraged his supporters to beat up protestors, attacked a Muslim Gold Star family, attacked John McCain for being a POW, promoting a conspiracy theory alleging Ted Cruz’s father was involved in the JFK assassination, launching deeply personal attacks on Hillary Clinton during the presidential debates, humiliating Clinton by parading her husband’s ex-mistresses at one of them, pathological lying, and so much more. In fact, as far as politicians are concerned, Donald Trump, his administration, and his supporters don’t give a shit about civility. Nor does Sarah Huckabee Sanders since she’s been complicit in all of this. For God’s sake, her job requires providing cover for Trump’s most egregious lies, which undermines a vital part of public discourse in the idea of fair and open public discourse about the truth. So much so that complaining about civility after being kicked out of a restaurant seems just as hypocritical as Count Olaf telling the Baudelaires to get a shower. Third, politely kicking out a White House press secretary from a restaurant without requiring her to pay for appetizers seems rather civil compared to other uncivil acts like a Trump rally. Still, if refusing service to Sanders puts the spotlight on the notion of fair and open public discourse on the truth, it might not harm America’s political civility. Hell, it might even improve it.

According to the great 20th century American philosopher John Rawls, “incivility” in politics in the Trump era isn’t about rude tweets but lies. A major topic in his seminal work Political Liberalism revolves around the problem of disagreement or how it’s possible to have a democracy when people disagree so much among themselves. The crux of Rawls’ answer is that democracy depends on a certain set of principles that almost every reasonable person can accept like “all citizens deserve to be treated equally” and “it’s wrong to imprison people on the basis of faith.” But for the system to work, Rawls argued that public debate must be free and open for people to clearly explain how their policy convictions can be justified according to these shared beliefs at the heart of a democratic society. Rawls called the obligation to adhere to these public discourse rules, “the duty of civility.” However, if citizens in general, especially politicians, hide and confuse their arguments, then people’s ability to give their informed consent to the administration vanishes. In this respect, “civility” as akin to politeness in everyday conversation. It’s about treating those of the opposition like reasonable people. Because it seems more “civil” to honestly state disagreements with individuals, even impolitely, than to try to bamboozle them.

Of course, Rawls never really entertained with the possibility that a democratic government might make dishonesty one of its core political principles. But this is exactly what Donald Trump has done. Since he constantly and completely disregards the truth as a tactic to advance his heartless agenda and keeping his base loyal to him. And the sheer gravity of such assault is monumentally jaw-dropping. According to the Toronto Star’s Trump lies database, he’s made at least 1,726 certifiably false statements since becoming president as of 2018 at an equivalent of 3 lies a day. When the New York Times compared Trump’s lies to Barack Obama’s, they found a huge discrepancy in that in his first 10 months as president, Trump told 6 times as many lies as Obama did during his entire presidency. Maxine Waters also told MSNBC in response to her critics, “As to the Chairman’s comments about civility… let me just say that every reasonable person has concluded that the president of the United States of America has advocated violence, he has been divisive and he has been the one that has caused what we see happening today.” If there is anyone who fails to uphold any rendition of civility in today’s American political landscape, it’s Donald Trump.

Now if Stephanie Wilkinson had kicked out a run of the mill Trump supporter out of her restaurant, any public outcry on civility over the incident might’ve been well-deserved. After all, Wilkinson told the Washington Post that she has regular politically conservative customers all the time and has no problem serving them. She kicked out Sarah Huckabee Sanders out of the Red Hen because she’s a public official working for Donald Trump and playing a critical role in his administration, As White House press secretary, Sanders’ job makes her especially complicit in Trump’s egregious agenda. Because her boss constantly lies, a major part of her job is defending those lies whether covering for them, deflecting them, or lying herself to cover them. Because of Trump’s uniquely hostile approach to telling the truth, just doing her job makes Sanders uncivil according to Rawls’s terms. As the Trump administration attacks the very heart of the US democratic political system, Sanders’ repeating and defending her boss’s lies is a vital part of this scheme.

As voters, we have a responsibility to confront incivility that threatens democracy rather than prioritize letting senior government officials dine in peace. When asked why she kicked out Sarah Huckabee Sanders out of her restaurant, Red Hen owner Stephanie Wilkinson meant exactly that when she told the Washington Post, “This feels like the moment in our democracy where people have to make uncomfortable actions and decisions to uphold their morals.” In other words, Wilkinson acted to punish a political official for a specific set of severe wrongs, not to harm an average customer whose political views she happened to disagree with. Wilkinson’s actions at the Red Hen should be seen as a way to hold political elites accountable and force them to answer for their actions. For ordinary citizens rarely have the opportunity to do that. Given that the next elections are months away and the next presidential race is in 2020, Wilkinson doesn’t have much of an opportunity to punish the White House for its egregious behavior going on right now. In addition, Wilkinson had no intention to be a culture warrior and wasn’t looking to divide Americans against one another. In fact, it’s unlikely she didn’t even want this incident to go public or inspire copycats. One of her employees posted about it on Facebook and Sarah Huckabee Sanders brought the matter wider attention on Twitter. If it weren’t for these postings, nobody would’ve known. Kicking Sanders out of the Red Hen would’ve just been a modest act by a private citizen to hold a public official accountable or a way of registering dissent on how the government conducts itself. Kind of like when Rosa Parks refused to move to the back of the bus, which is consistent with Rawls’ view of civility. And it’s exactly the kind of confrontation that Maxine Waters was talking about and encouraging people to do when she said, “If you see anybody from that Cabinet in a restaurant, in a department store, at a gasoline station, you get out and you create a crowd and you push back on them and you tell them they’re not welcome anymore, anywhere.”

Like Rosa Parks’ refusal to move to the back of the bus kickstarting the Civil Rights Movement, Stephanie Wilkinson’s refusal of service to Sarah Huckabee Sanders is a political statement that could even be a way to bring about change. In fact, there’s evidence that inflicting personal punishments on political leaders does cause them to grapple with their actions and even change their behavior. Though I think it might be unlikely in Sanders’ case. One looked at fines for skipping important committee meetings that were imposed on legislators of the French National Assembly. Looking at the fines’ effects as well as the impact of it being widely publicized on a legislator skipping out, the scholars found the fines “strongly increase their committee attendance both after the private experience of sanctions and after their public exposure.” Thus, there’s reason to think that public officials in the private and public eye do mind being sanctioned. And since the United States is in the middle of a particular political emergency with the failure of America civil discourse as a democratic practice, a little impoliteness of the right kind can help restore it. Thus, in this debate over civility, Maxine Waters is correct.

Nonetheless, controversy erupted over the Red Hen incident and Maxine Waters’ comments made critics seize on how they both undermine the idea of civility. In wake of Waters’ comments, House Majority Leader Kevin McCarthy told Fox News, “The people who claim tolerance seem to be the most intolerant in this process. We need civility in this country, but the idea that you’re asking people to go forward, that becomes very dangerous and it becomes a risk inside our country as well.” House Speaker Paul Ryan asked Waters to apologize, saying that “no place for that in our public discourse,” while neglecting to critique Rep. Steve King for promoting a Neo-Nazi. Donald Trump tweeted, “Congresswoman Maxine Waters, an extraordinarily low IQ person, has become, together with Nancy Pelosi, the Face of the Democrat Party. She has just called for harm to supporters, of which there are many, of the Make America Great Again movement. Be careful what you wish for Max!” House Minority Leader Nancy Pelosi also criticized her, tweeting, “Trump’s daily lack of civility has provoked responses that are predictable but unacceptable. As we go forward, we must conduct elections in a way that achieves unity from sea to shining sea.” Former Obama adviser David Axelrod also expressed his disagreement with Waters’s tactics and called people to organize and volunteer to convey their discontent with the Trump administration. Former Obama Secretary of Education Arne Duncan argued that driving people out of different businesses is a tactic echoing historic segregation policies.

However, what Maxine Waters’s critics miss in her remarks could be said best by Congressional Black Caucus Chairman Cedric Richmond, “In exercising her constitutional right to freedom of speech at a recent rally, Congresswoman Waters did not, as she has made clear, encourage violence, like President Trump has been doing since the election. She, instead, encouraged Americans to exercise their constitutional rights to freedom of speech and peaceful assembly by letting President Trump and members of his Administration know that separating young immigrant children from their parents is not who we are as a country.” It’s quite clear that when Waters urged attendees to keep “push[ing] back” she referred to the attention-grabbing incidents where Trump administration officials were subject to public confrontation. At worst, she encouraged people to create a public nuisance heckle and protest Trump officials in public on their off-hours in an effort to hold them accountable. And since Donald Trump has gone all his life without having to grapple with any real consequences whatsoever, we need to hold him and his swamp cronies and enablers accountable in whatever way we can.

Nonetheless, such talk over “civility” among Republicans is just a masked tactic to tell anyone who dare confront, protest, or challenge Donald Trump and his administration to shut up. In other words, I don’t think their beef isn’t that Stephanie Wilkinson and Maxine Waters weren’t being civil in their words and actions, but that they were actively resisting at all. Since I remember when Colin Kaepernick took a knee during the national anthem as a way to peacefully protest police brutality and racism. He was being civil in his grievances but his actions pissed many white football fans decrying he was disrespectful to police, to the troops, and the American flag. But the true reason was that white people had a problem with black people protesting on matters that don’t affect them. Besides, Trump supporters don’t care about civility among their own ranks, since many have been terrorizing people on line and through white supremacist demonstrations like last year’s Charlottesville rally.

White Americans had the same problem with Martin Luther King Jr. in his day for protesting racial segregation since 63% of whites had a negative perception of him back in 1966. And it wasn’t just King as a person, but also his commitment to direct action, many white people frequently described as fundamentally threatening civic norms. One Chicago Tribune anti-King editorial reads, “Families ordinarily would be enjoying the chance to sit on the front porch reading the paper, to sprinkle their lawns and work in their gardens, or to go to the park or beach. Instead, they are confronted by a shuffling procession of strangers carrying signs and posing as martyrs. The spectacle is repulsive to right-thinking people.” In sum you can translate this piece as, “Can’t those rabble-rousers leave Chicagoans alone and enjoy their weekend in peace?” Of course, King understood these calls to civility for what they were as attempts to shut down or at least slow the movement for equal rights. And they served a moral cover for the immoral laws he was protesting as the civility of segregation was upheld by threats of violence. His “Letter from a Birmingham Jail,” to moderate white religious leaders in Alabama who encouraged their congregations to reject King since they saw him as an outsider disturbing the South’s peaceful atmosphere. King’s famous letter spoke directly to these calls for a more “constructive and realistic” response to oppression where he denounced “the white moderate, who is more devoted to ‘order’ than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice.” King knew the status quo was never as peaceful as it appeared to white Americans and existed precisely was because society had created enough legal and social mechanisms to enforce inequality and oppression without obvious acts of state violence and extrajudicial terror. While civility and nonviolent resistance works as a form of protest, but only in combination with the background threat of much less civil tactics. While civility is nice idea, it should be a reward for securing a more just nation. It’s not the surest way to achieve justice and can be a method denying it. Unfortunately, those longing to return to an era of centrism, consensus, and civility usually don’t grapple with the way those ideas have historically worked to protect the powerful and sustain the status quo.