All posts by Dr. ESP

The Ides of October

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

~Posse Comitatus Act of 1878

I think the bigger problem are the people from within. We have some very bad people. We have some sick people, radical-left lunatics.  And it should be very easily handled by, if necessary, by [the] National Guard or, if really necessary, by the military, because they can’t let that happen.

~Donald J. Trump/Fox News, October 13, 2024

I start today’s blog with the above quotes for context.  The first, according to the Brennan Center for Justice, states, “In practice, this means that members of the military may not participate in civilian law enforcement unless doing so is expressly authorized by a statute or the Constitution.”  The second is Trump’s exact words during an interview on “Fox News Futures with Maria Bartiromo.” And though Trump and his surrogates try to “sanewash” this clear violation of the Posse Comitatus Act, claiming he was referring to illegal immigrants already in the country, Trump debunks his own argument by citing Congressman Adam Schiff and former House Speaker Nancy Pelosi among these bad, sick people who make up “the enemy within.”

To be sure, there ARE enemies within, determined to gaslight Americans and undermine the institutions that ensure domestic tranquility.  Except they are the same people who accuse others of doing just that.  And they were on full display over the past four days.

First, public officials who once warned us of the dangers Donald Trump represents, but since hooking their political stars to the former president, cower at every chance to stand up and say, “We told you so.”  As Joe Scarborough pointed out on social media, the facts never keep Trump surrogates from making fools of themselves.  He summarized Virginia Governor Glenn Youngkin’s effort, during an interview with CNN’s Jake Tapper, to excuse Trump’s threat of turning the military on American citizens, as follows.

The Trump Apologist’s Playbook
Apologist: “He didn’t say it.”
Reporter: Here’s the quote.
Apologist: “I didn’t hear it.”
Reporter:  Here’s the quote.
Apologist:  “He doesn’t mean it.”

However, the award for “sycophant of the week” goes to Brett Baier and Fox News.  During a 30-minute interview with the Democratic nominee, the once reputable  journalist tried to bait Vice President Kamala Harris by asking her to refute one after another of Trump talking points.  At one point, he even showed the Trump television ad about transgender affirming treatment for incarcerated individuals, to which she reminded her host, she was simply following the law, which Trump also did when he was in office.  Although Baier tried again and again to get her to lose her cool, she refused to take the bait.  When senior campaign advisor David Plouffe was asked how he would describe her performance, he gave a one-word answer, “Presidential.”

18 and ½ Minutes – The Museum of Portable SoundHowever, the cherry on top of the sundae came when the discussion turned to Trump’s comments about “the enemy within.”  As I watched that exchange, I harkened back to the accompanying picture used to explain how Richard Nixon’s executive secretary Rosemary Woods “accidently” erased 18 minutes of Oval Office tapes just as the then president was about to instruct his chief of staff to commit a crime.  That is when Baier and Fox News initiated a game of “Can You Top That,” which they did.  

After introducing the topic by reminding Harris (as if she needed it) that she had told rally audiences that Trump threatened to use the military against his political opponents, Baier showed an edited clip from a Fox News town hall in which the moderator, Harris Faulkner, host of the network’s “The Faulkner Focus,” asked Trump about his “enemy within” comments.  The screened version contained only references to illegal immigrants, and according to DEADLINE.COM, included “Trump laughing off his ‘enemy within’ statements and accusing the Democrats of weaponizing the government against their political enemies.”  

Let’s be clear.  Imagine Trump was on trial (not that hard to imagine) for violating the Posse Comitatus Act.  Ignoring the direct evidence (i.e. video of the defendant making the threat), the defense lawyer presents an interview in which the witness says (per Joe Scarborough), “He didn’t say that and, if he did, I didn’t hear him say it, and what’s more, he didn’t really mean it.”  But Harris, the forever prosecutor, was prepared.

Bret, I’m sorry, and with all due respect, that clip was not what he has been saying about the enemy within that he has repeated when he is speaking about the American people.  That’s not what you just showed.

Do Fox News producers honestly believe that if you edit one copy of a video, every other copy is likewise modified?

The banner headline on this morning’s Drudge Report says it all.  “CAT EATS FOX”  The only question left is whether those who believe Harris’ interviewer is in a different class from Fox News‘ nighttime hosts, an objective journalist instead of a MAGA cheerleader, are asking, “Et tu, Brett Baier?”

For what it’s worth.
Dr. ESP

The Civics of Disaster

In the past few weeks, current events have grabbed my attention and taken me away from the topic of demands for more civics education in schools.  In an August post, “Civics Advocate, Heal Thyself,” I argued much of the research on which this movement is based asked the wrong questions.  To understand the Constitution and governance based on that document, the names of certain office holders are temporal and therefore less important than the processes by which these office holders make decisions.

Just as current events took me away from this topic, a current event, the aftermath of Hurricane Helene brings it back in focus.  Response to a natural disaster is the perfect opportunity to educate people how government works.  And whereas I often turn to experts and their research to bolster an argument, today I will speak from experience.

In April 1983, Texas Governor Mark White approved my appointment as state director of housing and community development.  My team’s primary responsibilities included distributing $41 million/year in HUD block grants and tracking Section 8 housing expenditures.  In December of that same year, Texans experienced the most severe cold snap in the Lone Star State’s history.  The citrus and produce industry along the Rio Grande border was devastated when the high temperature on December 18 was less than the previous all-time low for the same date.

The next morning Governor White invited program directors from several agencies to his office to discuss a recovery plan.  The common denominator among the invitees was each “controlled” a significant amount of discretionary funds.  After being briefed on the economic stress in South Texas including 27 percent unemployment in Starr County, the governor then asked us “to start writing checks” so impacted residents could purchase essentials during the recovery period.  My counterparts in other agencies and I had to remind Governor White that our programs, authorized by federal or state law, restricted both the uses and recipients of the legislatively appropriated funds.

For programs my team administered, eligible recipients were local governments and qualified expenses were limited to public improvements or services.  Within hours we were on the phone with mayors and county judges (Texas’ equivalent to county commissioners who also have some judicial responsibilities).  We were able to identify qualified projects and activities for which displaced farmworkers could be hired and paid at prevailing wage rates.  One example was removal of freeze-damaged trees along U.S. Highway 83, which parallels the Rio Grande River from Brownsville to El Paso.  The State Transportation Commission had federal funds under a “transportation enhancement” program which could be used to purchase trees and other flora to reduce soil erosion or beautify highway corridors.  Therefore, we were able to provide additional income to workers who helped with reforestation of the most impacted areas.

Concurrently, FEMA brought in trailers and heated tents to house residents with inadequate home heating to counter the arctic-like temperatures.  No one person or agency had all the answers or resources.  But many of us could pick a niche and did what we could.  To coordinate the effort of so many agencies (federal, state and local), a control center was established at the National Guard Armory in McAllen, Texas where progress was monitored and lingering problems could be addressed.

Equally important, the only two phrases I ever heard from elected officials in the region were, “Thank you,” and “What else can we do to help?”  If Donald Trump understood what it takes to respond to an unprecedented natural disaster he would be ashamed of his rhetoric since Helene uprooted communities, business and families in Florida, Georgia, South Carolina, North Carolina and Tennessee.  But he has no shame.  Nor do his enablers who have repeated and amplified his lies.

Which is why I am grateful for the few Republicans such as Tennessee Governor Bill Lee, North Carolina Senator Tom Tillis, and Georgia Governor Brian Kemp who have all shared stories about the effective involvement of a host of public and private responders, including FEMA.  The most damning description of Trump’s irresponsible behavior comes from the editorial board of the Charlotte Observer.

This is not a situation to capitalize on for political gain. But former President Donald Trump has politicized the situation at every turn, spreading falsehoods and conspiracies that fracture the community instead of bringing it together…There’s no evidence to support any of those ridiculous claims. And by every indication, state and federal agencies have been working to help people in need.

One more reminder to voters they have a choice on November 5.  On one side a candidate who understands that government, more than at any other time, can and should help Americans when they face hardship which is no fault of their own.  On the other, a candidate who when informed of an imminent pandemic declares, “It is only one or two cases and will be over soon.”  Who when told his own vice-president is in danger of harm  says, “So what?”  And this week falsely accuses immigrants of syphoning life-saving resources being sent to disaster zones.

What better civics lesson than one you can see unfold in real time.

For what it’s worth.
Dr. ESP

Better Late Than Never

I had a dream which I shared with readers on the last day of the Democratic National Convention.  The finale of Kamala Harris’ and Tim Walz’ coming out party would be a live performance of Beyoncé’s “Freedom,” accompanied by Taylor Swift.  Privately, however, I lamented my fantasy trifecta which included Bruce Springsteen would never happen since “The Boss” had booked a concert in Pittsburgh that night.

The United Center in Chicago would be rocking, but it was not about the music.  It was each performer’s targeted message that confirmed the central theme of the Harris/Walz campaign.  The Democratic ticket knows success depends on the extent to which the campaign can energize two constituencies and narrow Donald Trump’s advantage with a third.

There is no question this is a “turnout” election.  At the top of that list are minorities and women.  And the biggest challenge is motivating younger members of these cohorts.  Swift is the messenger of empowerment for young women.  Likewise, in the wake of the Black Lives Matter movement, Beyoncé is the oracle of African-American empowerment.  Who better to remind potential voters in these demographics that their aspirational paths are more easily traversed in an environment of hope and opportunity rather than one of hate and retribution.

However, that is not enough.  Every Democratic pundit constantly reminds us Harris cannot win if Trump’s margin among white voters, and especially white men, eclipses her advantage among traditional Democratic voters.  Which is why yesterday may have been the most important 24 hours in the last month of this election cycle.

It started with the joint appearance by Harris and Liz Cheney in Ripon, Wisconsin, the birthplace of the Republican Party.  Unlike so many of Harris’ rally, the audience was as vanilla as you’ll ever see at a Democratic event.  This historic event did something no previous rally or Harris TV appearance could do.  Because it was unprecedented, it HAD to be covered by all the media outlets.  And how did Cheney use this opportunity?  First, she delivered a civics lesson about the what her party used to stand for:  smaller government, lower taxes, a strong military and global leadership.  These are all the things she told us she looks forward to debating in the future.

And then, knowing that right-wing media were under-reporting evidence of Trump’s criminal acts in Jack Smith’s recent filing, Cheney shared critical excerpts with the those at the event and the television audience.” And then she put the last nail in the coffin.  Before lowering the hammer, she reminded us that once GOP candidates ran under the banner of “compassionate conservativism.”  Then BAM, no one who says “So what!” when he is told that his own vice-president is in harm’s way has a compassionate bone in his body.  According to Cheney, the only word to describe such behavior is “depravity.”

That was just Act I of this morality play.  As the Harris/Cheney love fest was winding down, Springsteen released a video in which he endorsed the Harris/Walz ticket.  It contained what may be the most subliminal, yet powerful message possible (below).

Kamala Harris and Tim Walz are committed to a vision of this country that respects and includes everyone, regardless of class, religion, race, your political point of view or sexual identity.  That’s the vision of America I’ve been consistently writing about for 55 years.

He could have been more heavy-handed.  “You know why you come to my concerts and stream my albums.  You are drawn to the same things that inspired me to write the lyrics and compose the music.  A vote for Donald Trump is a denial of that bond between me the entertainer and you the audience all these years.”  But Springsteen respects his fans too much to insult their intelligence.

I still dream of Beyoncé, Swift and Springsteen on stage together.  But if it comes the night Harris is declared the winner or at an inaugural concert on the Washington mall, I am okay with that.  It is now up to us ensure it happens.

For what it’s worth.
Dr. ESP

P.S.  I confess, Springsteen was never on my playlists, and  I could not name more than two of his songs.  But, as I write this post, I have been listening to a live recording of his December 14, 2023 concert in Boston.  And I was inspired.  So, as the title of today’s post says, “Better late than never.”

Day Two

Former South Carolina Gov. Nikki Haley warns, “A vote for Joe Biden is a vote for Kamala Harris,” suggesting that re-electing the aged and addled president would almost certainly vault the vice president into the Oval Office within the next four years.

Liz Peek/Fox News/September 1, 2023

Remember back in the fall of 2023 when Republicans ghoulishly predicted Joe Biden would not survive a second term, ensuring the ascension of Kamala Harris, an outcome Haley declared should “…send a chill up every American’s spine.”  After watching last night’s debate, I have an even greater fear which has nothing to do with Donald Trump’s health or mortality.  Let me explain.

We know what “Day One” of a second Trump administration would look like.  For someone who has been unable to give a cogent answer about his policy positions, he has been crystal clear about actions he would take immediately following the inaugural parade.  The list, compiled by a Washington Post review of Trump speeches since launching his campaign on November 15, 2022, include:

  • An executive order replacing 50,000 federal civil servants with loyalists vetted by the Heritage Foundation.
  • Pardoning his supporters who attacked law enforcement officers and defaced the Capitol on January 6, 2021.
  • Starting “the largest deportation operation in American history.”
  • Dismantle the Affordable Care Act.
  • Bringing the Department of Justice, Federal Reserve and FCC under total control of the president.
  • End “birthright citizenship” which is enshrined in the 14th Amendment of the U.S. Constitution.
  • Restrict travel from countries with substantial Muslim populations.
  • Cut funding to school districts which mandate vaccines or mask mandates.
  • Repeal Biden’s executive order which expanded background checks for purchasers of firearms.

Not specifically included in the Post’s compendium is directing the Department of Justice to drop federal investigations and indictments related to January 6, 2021, mishandling of classified documents and obstruction of justice.

Which brings me to “Day Two.”  It will likely mirror the final scene in Michael Ritchie’s 1972 film, “The Candidate.”  Similar to fictional senator-elect Bill McKay (Robert Redford), Trump will retire to the White House residence, sit on the edge of his bed, look at whichever sycophant he makes chief of staff, and ask, “What do we do now?”  By midnight January 20, 2025, Trump will have achieved everything he wanted to do.  Demonstrate he could beat “sleepy Joe” and “crazy Kamala.”  Make the specter of more convictions and potential prison time go away.  It may not be the next day, but sometime before January 20, 2029, I believe he will declare victory and go home.  

Which is my takeaway from last night’s vice-presidential debate.  To quote Nikki Haley, the prospect of a J.D. Vance presidency “sends a chill up my spine.”  For two reasons.  First, as clearly demonstrated during the debate, Vance put “Slick Willy” Clinton to shame.  His ability to lie with such verbal aplomb is frightening.  Based on a CNN snap poll of debate watchers, a very narrow majority (51-49 percent) declared Vance the winner, attesting to his ability to effectively sell bullshit.

Second, and more importantly, while Trump has tried to distance himself from Project 2025, Vance is wedded to it.  Vance’s selection as VP candidate was engineered by the Heritage Foundation.  To fully appreciate his devotion to Project 2025 and Heritage Foundation president Kevin Roberts, one need only read Vance’s foreword to Roberts’ forthcoming book By Dawn’s Early Light, which includes the following.

Roberts is articulating a fundamentally Christian view of culture and economics, recognizing that virtue and material progress go hand in hand.

The old conservative movement argued if you just got government out of the way, natural forces would resolve problems.  We are no longer in this situation and must take a different approach.

So much for small government conservatism and “the invisible hand” of economic markets.

And Vance describes this “different approach,” not as a conversation about ideas, but in terms of armed conflict.  He refers to Roberts’ perspective and specific proposals as “essential weapons in the fights that lay ahead.”  And ends his endorsement of the book’s content with a call “to circle the wagons and load the muskets.”  (If only the Supreme Court originalists had ruled that muskets were the only firearms the Founding Fathers thought should be covered by the Second Amendment.)

But there is good news.  Dare I say, last night’s debate was a second tier remake of the October 3, 2000 debate between George W. Bush and Al Gore, with much the same outcome.  Gore was perceived as the articulate, policy-wise alternative but came across as impatient and condescending.  Gore campaign advisor Paul Begala summed up the effect on the audience of his candidate’s dismissal of Bush as a worthy opponent.

For all of Gore’s good answers, his feelings for Bush was his fatal flaw. You can’t afford to look across the stage with that kind of contempt at someone who millions of people have nominated as their standard-bearer.

The details of the CNN post-debate poll echo these exact sentiments.  In terms of likeability, 59 percent of viewers said they had a favorable view of Walz (up 13 points from a pre-debate poll) while only 22 percent gave him an unfavorable rating.  Even though Vance’s favorability rose 11 points to 41 percent, he remained underwater with a 44 percent unfavorable score.  And what is often viewed as the most important polling factor, debate watchers, by a margin of 48 to 35 percent chose Walz over Vance when it came to which candidate “is more in touch with the needs and problems of people like me.”

In summary both candidates were winners when it came to achieving their goals.  Vance succeeded in rounding off some of the sharp edges of his personality and positions, but not enough to make him more likeable than Walz.  Walz, the lesser known of the two when selected to be Harris’ running mate, solidified his credibility as qualified to step into the presidency, if necessary, according to 65 percent of the those who watched the debate.

As is generally the case when it comes to vice-presidential debates, October 1, 2024 will not be remembered as the defining moment of this presidential election.

POSTSCRIPT: THE BIGGEST LOSERS

This one is simple.  Ron DeSantis and the “Free State of Florida.”  Vance is now the heir apparent to what has become the MAGA (nee Trump’s Republican) Party.  And “anti-wokeness” decided to take a nap during the vice-presidential debate.  No mention of critical race theory.  Or transgender athletes.  No defense of book banning.  And admission by Vance that America is a diverse nation.

For what it’s worth.
Dr. ESP

Ich Bin Ein Haitian

On June 26, 1963, John F. Kennedy stood in front of the Berlin Wall and declared, “Ich bin ein Berliner.”  The message was simple.  All freedom loving people across the globe must stand with residents of West Berlin in their struggle to remain independent and free while surrounded by territory dominated by the Soviet Union.

The title of today’s post goes many steps further.  Like many of you, I am outraged by the lies and disinformation spewed by Donald Trump and J.D. Vance to demonize immigrants who were recruited to work in Springfield, Ohio and are legally there under the Temporary Protected Status provisions of existing immigration law.  But it is more than sympathy.  It is brotherhood.  Why?  Because just as Donald Trump, during the September 10 debate, put a target on the backs of Haitian by falsely accusing them of inhumane acts, he did the same thing to Jewish-Americans during a speech at an event ironically advertised to stem the rising tide of anti-Semitism in the United States.

Trump pulled one of the oldest tricks in the book from his MAGA hat.  If there is anything you do not like, blame the Jews.  On September 20, at the Israeli-American Council National Summit, Trump told the largely Jewish audience:

If I don’t win this election – and the Jewish people would really have a lot to do with that if that happens because if 40%, I mean, 60% of the people are voting for the enemy – Israel, in my opinion, will cease to exist within two years.

Let’s start with the facts.  Of the 15,590 respondents who made up the exit poll sample during the 2020 presidential election, only two percent identified as Jewish, a subset so small the consortium of news organizations which conducts the poll did not provide a Trump versus Biden breakdown.  They explained this with the following footnote.

Subgroups indicated with an n/a were interviewed for this exit poll, but the sample size may be too small for estimates within those groups to be projectable with confidence to their true values in the population.

More importantly, only two of the six swing states Trump lost in 2020 have a Jewish population higher than the national average of 2.4 percent, Pennsylvania (3.3) and Nevada (2.6).  The other four are Arizona (1.7), Georgia (1.3), Michigan (0.9) and Wisconsin (0.6).

Dr. ESP, why today?  Wasn’t the death of 11 people at the Tree of Life synagogue in Pittsburgh already evidence enough that Jews were targets of MAGA anger?  Yes, but this was different.  The shooter in that case Robert Gregory Bowers acted because he believed the Hebrew Immigrant Aid Society, a Jewish-based non-profit “likes to bring invaders in that kill our people.  I can’t sit by and watch my people get slaughtered.” (Source:  Bowers post on social network GAB)  His anger was directed at what a Jewish organization did, not who they necessarily were.

Trump makes no such distinction.  He claims Jews do not appreciate everything he has done for them.  And ironically draws on the two most insidious tropes that fuel anti-Semitism.  One, Jews are more loyal to Israel than the United States.  Two, Jews are greedy, money-grabbers who would put personal wealth above democracy and the national interest.  He believes the role model for all Jewish voters is his son-in-law Jared Kushner.

That is who Donald Trump believes I should be.  And if he loses in November, it is my fault.  I am the enemy.  And though I cannot be picked out of a crowd by the color of my skin, I wonder if Governor Ron DeSantis, who already is sending his “election police” to the homes of Floridians who signed the petition to put abortion on the November ballot, is also taking names of homeowners who have a Harris/Walz sign in their yard and a mezuzah on the doorpost of their homes.

So today, not only am I a Haitian immigrant in Springfield, Ohio.  I am a Mexican-American shopping at a Walmart in El Paso.  I am a Black-American at Bible study at a church in Charleston, South Carolina.  And I am Amber Nicole Thurman and everyone else who is now a target of Donald Trump’s hatred, lies and lack of empathy.  Not because I am a Jew who is now on his “enemies list.”  Rather, as a Jew who was brought up in a tradition of “tikkum olam,”  the responsibility of all Jews to repair the world, not just for ourselves, but for all humanity.

For what it’s worth.
Dr. ESP