Archives for category: Ethics

Anand is a brilliant writer and thinker who blogs at The Ink. Consider subscribing.

Here is his take on the Supreme Court’s decision to delay judgment on Trump’s claim of absolute immunity for criminal actions while he was president.

Yesterday the right-wing-dominated Supreme Court decided to step in and rescue Donald Trump’s presidential aspirations, agreeing to hear his claim of broad immunity and to delay his federal trial on charges of election interference stemming from his involvement in the January 6 insurrection. But it’s much worse than that. We agree with Timothy Snyder that this is no simple stalling tactic. By taking up the question of whether a single American citizen is above the law — simply by entertaining a question that shouldn’t be — the right-wing justices are undermining the legitimacy of the Court itself, and the very notion of a nation of laws.

The Supreme Court is attempting to end its own life as an institution above politics. If it has been doing moving in this direction for some time, this week it came to a head.

This can only be read as a blow to democracy itself. With this stay now in place, it’s unlikely that any trial could be concluded by (and even more likely that it will be delayed entirely until after) Election Day. Of course, at that point, should Trump win re-election, the case would not move forward at all: the Justice Department would be unlikely to pursue a case against a newly elected president, and of course in his second term Trump could stop the proceedings entirely. Which, of course, is the plan.

Certain counties in Florida are experiencing an outbreak of measles, a highly contagious and sometimes lethal that was supposedly under control due to widespread vaccination.

Florida’s top doctor, Dr. Joseph Ladapo, has thus far failed to instruct students in the affected schools to get vaccinated because he and Governor DeSantis took a strong stand against getting vaccinated for COVID.

The Miami Herald editorial board criticized Dr. Ladapo for putting students at risk:

Is there one mainstream piece of public health advice — no matter how long-standing — that Florida’s top doctor won’t buck?

Joseph Ladapo, Gov. Ron DeSantis’ anti-vaxx surgeon general, has spread misinformation about COVID-19 and has advised against coronavirus vaccines, citing debunked claims

Perhaps Ladapo saw, in the novelty and divisiveness of the pandemic, an opportunity to become the go-to, Ivy League-educated doctor for vaccine deniers. Now, he’s turned his focus to a long-known virus — up until now, largely non-controversial, but highly contagious and dangerous for children: measles.

Following an outbreak at Manatee Bay Elementary in Weston, where six measles cases have been confirmed, Ladapo sent a letter to parents that pediatricians, immunologists and infectious disease experts have criticized. The letter acknowledged what has been common practice to contain measles outbreaks — that unvaccinated children or those without immunity should remain home during the incubation period of the virus, or up to 21 days. 

Ladapo, then, however, wrote that, “due to the high immunity rate in the community,” the Department of Health “is deferring to parents or guardians to make decisions about school attendance.”

This should have been Ladapo’s opportunity to tell parents, “Get your children vaccinated — now!”

The MMR vaccine, approved by the federal government more than 50 years ago, offers 98% protection against measles after two full doses. That’s a widely known statistic that not even Ladapo can deny — he acknowledges it in his letter but stops short of recommending the vaccines. 

Instead, Florida’s top doctor is telling parents it’s OK to send kids to school sans immunization, even though they could contract a potentially lethal virus or spread it to others who are also not immunized. Worse, the Broward County school outbreak could spread to other communities…

The vaccine skepticism that gained force during the pandemic, thanks in part to public figures like DeSantis and Ladapo, is a threat to not only public-health efforts to keep COVID at bay but other diseases we thought belonged in a bygone era.

Many states (most?) require children to get vaccinated against a long list of diseases before they can start school. Apparently, Florida is not one of them. The state lets parents decide. Public health, be dammed!

The editorial board of the Orlando Sentinel spoke out against a bill that would declare fetuses to be persons from the instant of conception. Not only would this extend Florida’s draconian six-week ban on abortion, it would outlaw abortion for any reason—rape, incest, the life of the mother. Even if a woman learns early in her pregnancy that the fetus will be born without a brain or has some other fatal defect, she will not be able to terminate the pregnancy. At this time, the Florida Supreme Court is deciding whether to allow a referendum on abortion to proceed; its sponsors have collected over one million signatures. Will the people of Florida have a chance to express their views?

The editorial board wrote:

For Floridians who are already deeply uneasy about women losing the right to control their own bodies, what happened Wednesday in the House Judiciary Committee was truly terrifying. One by one, lawmakers voted yes on legislation that would, for the first time, declare fetuses to be people from the moment of conception — turning wombs into war zones before most people even know they are pregnant.

Bill sponsor Jenna Persons-Mulicka, R-Fort Myers, did her best to hide the radical nature of her legislation, which creates civil liability for anyone who causes the “wrongful death” of a fetus in utero. But everyone in that committee hearing room — and those watching remotely — knew exactly what was at stake. Conveying full rights on a fetus would be a shattering blow to reproductive independence for Floridians capable of becoming pregnant, reaching past debates over viability and bans on abortion at a specified number of weeks. HB 651 would kick in at the very start of a pregnancy, and create an easy stepping stone from wrongful deaths (including from abortions) to anything that threatens the health of a fetus, even if it is meant to benefit the mother’s health.

Floridians should bombard their state senators and representatives with messages letting them know that this potential law is far too radical for anyone who cares about freedom. Then they should turn to their congressional representatives and call on them for legislation to nip this hazardous movement in the bud.

They can start by letting lawmakers know they see through the pretense here. Persons-Mulicka pointed out, more than once, that the language of her legislation (HB 651) specifically excludes a pregnant person. But that’s a nearly negligible speed bump, especially if Florida’s Supreme Court picks up this theme and uses it to obliterate abortion rights in Florida.

Think they won’t? Think again. Justice Carlos Muniz was already hinting in that direction last week, during oral arguments over a ballot question that would (with voters’ approval) explicitly protect abortion rights in Florida.

But advocates of so-called “fetal personhood” think they’ve found a way around that language. By declaring a fetus to be a person, the Legislature and/or court would at best set up a collision course between two competing interests that just happen to share a body — along with the well-being of medical personnel being asked to care for both.

Because the fetal personhood bill does not protect the doctors, nurses and other people who perform abortions, even if the procedure is otherwise legal. Taken in context, that looming threat is clearly a large portion of the intention behind this bill…

Paul Bowers used to be the education reporter for the Charleston News & Courier. I contacted him when I was trying to understand some issues that he wrote about. Paul left his newspaper job (I think someone in the local power elite complained about his honest reporting on the privatizers). After he left, he started a blog called Brutal South. Now he works as communications director for the South Carolina ACLU. As you can imagine, he’s always busy, always pushing back against book bans, attacks on voting rights, and more.

In this post, he wrestles with his Christian faith. He’s covered so many Christian faith leaders who espouse hateful views that he has had to question his own views. He feels sure that the Jesus he believes in would not agree with them.

I urge you to read the post. I’m quoting just the beginning and the ending.

He writes:

On weekday mornings the coffee shop is clustered with pods of the men. The men are holding forth — loudly — about the virtues of intermittent fasting, the meaning of the Egyptian plagues, and the Bible’s clear teaching on matters of human sexuality.

I used to be part of the pods, but now I sit alone. I eavesdrop. Some days when I listen to them reading from their Bible commentaries I hear an encouraging word, and I miss the feeling of spiritual fellowship. Most days I hear nonsense and remember why I’m in no hurry to return to church.

Last year the great Mississippi songwriter Andrew Bryant released one of my favorite albums, Prodigal, building on the theme that he’s “like the prodigal who never left at all.” He still lives in Mississippi; I still live in South Carolina. When he sings about living on the far side of the creek from the faith community that raised him, I understand him to mean it’s a walkable distance, a permeable barrier. I find myself similarly situated.

I’ve left two churches in my adult life, a theologically conservative one by choice and a theologically progressive one because its leaders left and the congregation ceased meeting. I still see people from both churches often. My family and I never intend to leave our town, so this will likely be the case for the rest of our lives….

I don’t have Christian fellowship anymore, but I do have solidarity. They’re not the same thing.

It would be fair for you to ask if I still believe in God at all. I do, though I would no longer try to convince you one way or the other. I find myself in the position the writer John Jeremiah Sullivan described once: “My problem is not that I dream I’m in hell … It isn’t that I feel psychologically harmed. It isn’t even that I feel like a sucker for having bought it all. It’s that I love Jesus Christ.”

I do love Jesus, and I love the people I know who follow him. Lately I’ve seen Christians with the ash of mortification on their foreheads giving benedictions to the frightened families of trans kids; pledging to fight our Christian governor’s labor union-bashing tactics to the gates of hell; and speaking out against the death penalty — our modern crucifixion — even for people who murdered their family members.

Nietzsche called the way of Jesus “slave morality” and he wasn’t completely wrong, but I think he misread the faith of enslaved people. If the gospel narrative is true then I want to be on the side of Jesus and not the Roman empire, of Moses and not Pharaoh, of Harriet Tubman and not Robert E. Lee. I want to walk justly and love my enemies and fight for liberation always. I’m with the crucified people, as Ignacio Ellacuría put it. There are nonreligious people following this path just as well as the faithful, but for better or worse I will always have a religious impulse in me. A part of me will always seek the Spirit even if it never comes.

This coming Friday I’ll speak at an event hosted by faith leaders in Greenville, focused on how we can carry out the sacred work of hospitality by fighting for housing justice. We pursue this work in the heart of so-called Trump Country, in the shadow of the Moral Majority, amid the ferment of white Christian nationalism and even Christian fascism. We walk as believers, against other believers, ostensibly praying to the same god.

In at least 20 states, the College Board collects and sells student data, despite state law forbidding it.

New York was one of those states, but activist parents led a years-long campaign to block the practice.

Recently, State Attorney General Letitia James won a judgment against the College Board for $750,000, and it agreed to stop monetizing student data in New York.

What happens in your state? Does your state protect the privacy of student data? Does it enforce the law?

Read Leonie Haimson’s account of how parents in New York pushed back and finally won. She includes a list of other states that protect student privacy.

She writes:

For decades, the College Board has been selling student names, addresses, test scores, and whatever other personal information that students have provided them,  when they sign up for a College Board account and the Student Search program. According to the AG press release, in 2019 alone, the College Board improperly shared the information of more than 237,000 New York students.  Since New York’s student privacy law, Education §2-d, calls for a fine of up to $10 per student, the penalty for selling student data during that one year alone could have equaled more than $2 million.

And yet for years, on their website and elsewhere, the College Board has also  falsely claimed they weren’t selling student data.  Instead they called  it “licensing” data, a distinction without a difference.  For years, they also claimed that they never sold student scores, though that was false as well, as they do sell student scores within a range.

The College Board urges millions of students to sign up for their Student Search program, with all sorts of unfounded and deceptive claims, including that it will help them get into better schools or receive scholarships.  The reality is that their personal data is sold to over 1,000 colleges, programs and other companies – the names of which they refuse to disclose — who use it for marketing purposes and may even resell it to even less reputable businesses.

Is your state one of them? Is the law enforced?

Jonathan V. Last writes for The Bulwark, a site created by Republican Never Trumpers. I find there sone of the most interesting writing about the political issues of our day.

Last offers sound advice to President Biden about defusing the age issue: Make a virtue of your age. Don’t pretend to be 40. Speak up for the wisdom and experience of your years.

Age is not what separates Biden from Trump. Biden will protect our institutions from all enemies, foreign and domestic. Trump has already made deals with them.

Last writes:

My headline probably oversells it: Biden can’t defuse the political problems his age creates for him. But he can mitigate them…

But first I want to lay out the strategy Biden’s team should be using. It has three components:

  1. Hang a lantern on his age.
  2. Make it relatable.
  3. Put it in context.

Contra the conventional wisdom, I think Biden’s hasty press conference last Thursday was a good idea that was executed fairly well. It’s important that Biden takes ownership of “elderly.”

In fact, I’d have him go further. He ought to mention it every time he speaks in public. He ought to joke about it. He should have a handful of stock lines ready at all times: People talk about life before the internet? I remember what it was like before we had electricity!

The cornier the better.

Biden should set the expectation that he’s going to have senior moments in every appearance. Hell—he should flub things on purpose sometimes and then wink at the audience and razz them if they don’t catch it.

If we’ve learned anything from the Trump years, it’s that one problem is a tragedy, but a thousand problems are just white noise. So don’t be defensive about the age and don’t complain about the media fixating on it.¹ Lean all the way in. Make it a part of the candidate’s identity.


Next: Make it relatable.

Nick Grossman mentioned this today and it ought to be said constantly: We all get mixed up. I call my kids by the wrong names probably a dozen times a day. When I go to the pharmacy to pick up a prescription for one of them and have to give their birthdate, I always get the month and day right. But the year? I have to stop and think about that every damn time.

Sitting here typing I could not even tell you without looking it up what year we started The Bulwark. I think it was 2018, but it could have been 2019.

Our brains are set up to have amazing recall and processing speed that generally peaks in our 20s and declines every year after. It is not an accident that Einstein did his most important work at age 26.


Finally, there’s the context: We don’t choose our leaders based on recall and processing speed. 

What does it mean to grow old? It means that you’re not as quick on your feet as you used to be. Old people, in general, don’t want to get dragged into real-time debates with 45-year-olds. The synapses don’t fire as quickly; the gift of gab wanes. You very rarely look at an old guy and think, “That dude is slick.”

But slick isn’t what we want in our leaders. We want wisdom.

There is a reason that we have a minimum age for voting in this country and not a maximum age—it’s because we don’t trust young people, with all of their rapid recall memory and synaptic lightning, to be wise enough to vote.

By the same token, we don’t have a maximum voting age, because we recognize that the losses elderly people experience in the ability to rapidly process are over-balanced by the accumulated wisdom of years and experience.

Especially in a president, we value wisdom over speed.

And Joe Biden has demonstrated the power of wisdom throughout his term. It allowed him to reach deals with Republicans in Congress. It led him to focus like a laser on the economy and get America back on its feet. 

It was wisdom that let Biden understand the stakes in Ukraine and wisdom that helped him navigate the maintenance of our alliance against Vladimir Putin. It is wisdom that allows Biden to see the incalculable benefits America receives from leading the global order.

Just as it was wisdom that made Biden cooperate with the special counsel and respect the rule of law.

President Biden is the wisest guy to sit in the Oval Office since Reagan and that’s not in spite of his age—it’s because of it. 


Meanwhile, the problem with Donald Trump is NOT that he, too, is old. The problem with Trump is NOT that he sometimes forgets what day it is, or who he’s running against.

The problem with Trump is that he’s a madman who wants dangerous things.

He is on Putin’s side. He sees NATO as a threat to American prosperity. He thinks laws must not apply to him. He believes that democracy is only useful to the extent that it provides him advantage. He thinks that dictatorship would be preferable—so long as he gets to be the tyrant. 


If I were Biden’s speechwriter, I might put it like this:

Am I elderly? You betcha. Don’t move like I used to. And I have the occasional senior moment. I’ll probably have one during this speech, just so folks from the New York Times have something to write about.

But I know what the hell I’m doing.

Let me tell you about getting older. You aren’t as fast on your feet. You have to think a moment before you remember stuff.

But also: As you get older, you’re able to see what really matters. You’re able to let go of your ego and focus on what’s important. That’s why I was able to work with the Republicans in Congress even while they said nasty things about me in public: Because I didn’t care what they said—I’m too old for that. What I did care about was passing gun reform laws that both parties knew we needed.

I cared about lowering the costs of medicine for seniors and capping the price of insulin. I cared about infrastructure—getting roads and bridges fixed and new semi-conductor factories built so that young people could get good jobs and provide for their families.

And let me tell you what else age has done for me: It made me realize that I’m the president of all Americans. Not just the people who voted for me. Because I’m old, I understand that it’s my duty to make sure that even the people who run around saying that I’m part of a crime family—God love ‘em—are able to get good jobs, and have broadband internet, and have more and better police keeping their communities safe.

So am I old? You bet. I’m 87. No, wait, 78. I forget. Whatever—I’m old. Older than you. And that’s why America is prospering, everyone who wants a job has one, crime is coming down, more people have health insurance, and the Russians and the Chinese understand that there’s a united West, led by America, opposing them and holding them to account.

Thank you, Jonathan V. Last!

The Hur report led to an onslaught of news stories about whether Biden was too old. The day after the Hur report came out, Trump invited Russia to attack any NATO nation that had not paid its bills in full.

So which is scarier: Biden’s age or Trump’s acting like Putin’s puppet?

Umair Haque, a British economist, sees these issues in perspective.

“An elderly man with a poor memory.” That’s what the report by Special Counsel Robert Her said about Joe Biden. It’s been endless fodder, instantaneously, for everything from the absurd to the predictable to the asinine. Cue op-eds in the New York Times breathlessly demanding Joe Biden step down. Presto, articles about invoking the 25th Amdenment to force Biden out of office, on grounds of mental incompetence.

Let’s take a deep breath, and understand what’s really going on here, which is sad, pathetic, and ugly. 

There are many, many reasons not to like Joe Biden. Especially right now. Just 15% of young people approve of his handling of what’s happening in Gaza. Minorities are shaking their heads and walking away, baffled, while the Democrats suddenly tack hard to the right, shattering their fragile progressive-center coalition. Don’t like him? Fair enough, I’m not here to persuade you to.

But. We need to be clear about our grounds. There’s a difference between a substantive grounds for breaking a coalition, fair enough. And a flimsy one, that only plays into the hands of the hard right. 

There’s a big difference between age and ageism, in this case.

America’s a brutal, indifferent society. And one of the ways in which it’s so is that it’s profoundly ageist. You don’t notice this, entirely, until you live elsewhere. And then suddenly you realize that in America, elderly people are effectively disappeared. You barely see them in everyday life, if at all, whereas in most of the rest of the world, from Asia to Europe, there they are, going about their business, because, after all, they exist too.

When I was really young, growing up between continents, this struck me so intensely that I’d follow old people around in America when I saw them—curious, perplexed. Where did they go? Why didn’t I see them nearly as often as everywhere else?

Ageism is a norm, and it’s one that’s to be expected from a hypercapitalist society. As your “utility” and “productivity” diminish—or, worse, are thought to diminish—so too your place in society disappears. You no longer have the right to exist, socially, morally, culturally. And in America, we can see this norm in operation everywhere. In the corporate world, 40 is now considered “old.” Looking for a job after 50 is considered to be a dicey affair, that’ll provoke looks of pity, crossed with scorn. You leave your age off your CV after you cross your 30s, nervously hoping that recruiters and “human resource” managers won’t piece the puzzle together. You pretend to be young.

Young and perfect. And this norm has accelerated, sped up, turbo-charged, in recent years. Who do we pretend to be on social media? Not old and wise. YouTube face is a sardonic expression of youthful naïveté. Wow, Mom, I’m amazed! I’m gawping in awe! On Instagram, beauty standards for women have crossed the point of caricaturing youth, and become grotesque, provoking a backlash even amongst the young. 

Who does America lionize? Americans are told to revere figures like boy geniuses—Zuck. Middle-aged billionaires—the creepy guy who bought Twitter. And so on. Ageism and patriarchy go hand in hand. Go gray, and your career’s in peril, whether artist, singer, tycoon. If you’re a woman, the price is exponentially higher. Stay young at all costs is the message, and it’s received loud and clear, in the form of plastic surgery, fillers, enhancements, endless workouts, the appearance of youth—not just superficially, but in its deeper values of energy, enthusiasm, and positivity—everywhere, all the time.

Ageism is bad for us. It’s bad for all of us. There is absolutely no link—none whatsoever—between youth and, in this case, good political leadership. Take a hard look at Europe’s rising far right. It’s led by relatively young people, for politics—in their 40s, often. Shall we say that just because someone is younger, it makes for a better leader, then? Surely only a fool would conclude that.

Ageism is a form of bias, in this sense. But what form of bias, in particular, in this context?

The reason that the far right is rising is because people are seeking safety, security, and strength, in an age of chaos, ruin, and fracture. So they’re turning to strongmen, as the turn of phrase goes. Strongmen. Strong-men. Strong…men. 

What image does that conjure up in your head? Muscles. Manes of hair, maybe. Virility. A bellowing tone of voice, perhaps. It doesn’t matter—we all know what the cliche of male power is. It’s exemplified, of course, by one Donald Trump. Just a few years younger than Biden—and yet his image management, as crude as it is, works wonders, to a media as feckless and gullible as America’s. He shouts and roars and jeers and taunts and whines. He dyes his hair and combs it over his bald spot. He wears oversized suits to hide the decades of ill-health. 

Miraculously, or whatever the opposite of miraculous is…all this crude manipulation of an image works.

Works…in his favor. Because there’s an ageist, patriarchal bias. And so by portraying this incredibly crude image of male power, Trump becomes the strongman. Even though he’s also an elderly man, in far poorer health, most likely than Biden, and if mental acuity is really the test here, well, whose finger would you prefer to hold the nuclear trigger? Are you kidding? Comparing the mental acuity of a figure like Joe Biden—as problematic as he is—to someone like Trump, who just said out loud that Russia should happily attack NATO countries…is beyond absurd. Past ridiculous. It’s grotesque and obscene. Trump’s out there giving Putin license to start World War III…and Biden’s the one with mental issues?

This is how ageism warps us. Our judgments. Biases make us stupid. In this case, rather than seeing Trump for who he is, he’s able to portray the image of a strongman, using, like I said, the incredibly crude tools of hair dye, oversize suits, jeering-whining-shouting, and belligerence plus aggression. That’s what male “strength” is, or at least the caricature of it, to a patriarchal system, and in that system, too, age is a burden and a liability, so even the king must appear to always be virile, manly, and not just “powerful”, but more precisely, all-powerful.

Ageism makes us stupid in that way. We’re unable to see Trump as the pathetic moral weakling that he is, at least enough of us, dazzled by this dollar store Hitler he’s portraying. Trump’s two decade older than Hitler, though, if you see my point, which is that the manipulation works, because the bias is there to fool us into believing a lie.

Age and ageism. What is it that makes us so…mean…to old people? In a sense, the answer’s obvious. We hate them. For reminding us that this terrible malady is coming for us, too. And there’s not a thing we can do about it. We must all endure this curse together. We must all endure this curse alone. We will age. Our bodies will wear out. Our minds will slow. The ache in us will grow. We will burn out like candles. No part of us is permanent. Every single day, we live in denial of this fact, bought with stuff, purchased with status, given to us by our children. And yet the inescapable truth remains. Time turns us all to dust. Hooded fate watches us, holding his scythe, preparing for the threshing.

We hate old people for reminding us. Not just of our mortality. But of what’s even deeper than that. Our powerlessness over it. The ways in which we will become weak, and the despair and loneliness of it. The certainty of it, and the finality of it. We hate them with a bitter, cruel vengefulness, and their existence itself warns us what awaits us, which is why we disappear them.

But there are gifts, too, that come with age, and only with age. Wisdom. Grace. Truth. As we age, so, if we live well, our capacities to love, to hold, to see, to know—all these ripen, and suddenly unfurl, exploding into the fullness of what human possibility really is. Is a man or woman weak because they can barely walk anymore—or are they incredibly strong, because they can teach us how to love and what to cherish and what matters in every moment? Is a person weak, because they can’t recall what they had for breakfast yesterday morning—or are they wise, because they can trace the patterns of history, and reveal the meaning of grace?

Every human heart is broken. Only as we age do we really understand this fully, well, truly, and appreciate the beauty in it. We take the time to contemplate all our regrets. The failed relationships, the broken marriages, the lost loved ones. The ways in which our lives didn’t work out. Through this process, and only through this process, do we understand the universality of human suffering. The inescapability of it. The follies of the lesser sins of egotism, narcissism, selfishness. The destructive power of the greater ones, of vanity, greed, and hatred. And through our broken hearts shines the light of creation itself, in this way, embracing all, in the spirit of love and truth and goodness.

Age doesn’t equal maturity. Trump is old, but he’s a man-child, who never matured. Biden? He remains the problematic figure that perhaps he was destined to be. Count that against him if you must. But what’s certain is that a lapse in memory here or there is no mark against maturity. The human heart, like the mind, comes to be full, as it ages. Full of so much. Regret, remorse, mistakes, misjudgments, could-have-beens. Maturity transforms that lead into gold. Through this pain the ego surrenders itself to the universal, and in that precise instant, love is born. The highest kind. Not just that of the mother for the newborn. But that of the first mother and father, for all the children who ever were.

Jennifer Rubin is one of my favorite columnists at The Washington Post. She is both a journalist and a lawyer. She cuts to the heart of whatever matter she examines. She was hired to be the conservative commentator on the opinion page; she had Sterling credentials. But Trump pushed her out of the conservative bubble and into the center.

Here she pins the blame for the Hur fiasco where it belongs: on Merrick Garland, who appointed Hur knowing he was a loyal Republican.

She wrote:

Special counsel Robert K. Hur had a single task: determine if President Biden illegally retained sensitive documents after his vice presidency. The answer should not have taken nearly 13 months or a more than 300-page report. Hur also should have avoided trashing “the fundamental ethos of a prosecutor to avoid gratuitous smears,” as former White House ethics czar Norm Eisen told me.

Hur found that “the evidence does not establish Mr. Biden’s guilt beyond a reasonable doubt” and that prosecution was “also unwarranted based on our consideration of the aggravating and mitigating factors.” He seemed to intentionally disguise that conclusion with contradictory and misleading language that “Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.” He conceded that was not legally provable. (As Just Security pointed out, the media predictably and widely misreported this: “The press incorrectly and repeatedly blast out that the Hur report found Biden willfully retained classified documents, in other words, that Biden committed a felony; with some in the news media further trumpeting that the Special Counsel decided only as a matter of discretion not to recommend charges.”)

Hur acknowledged that Biden’s cooperation, “including by reporting to the government that the Afghanistan documents were in his Delaware garage,” leaves the impression he made “an innocent mistake, rather than acting willfully — that is, with intent to break the law — as the statute requires.” Moreover, Hur conceded that the documents “could have been stored, by mistake and without his knowledge, at his Delaware home since the time he was vice president, as were other classified documents recovered during our investigation.”

The body of the report refutes the element of willfulness — noting a variety of factors (e.g., a good-faith belief the Afghanistan memo was no longer classified, presidents’ practice of taking notes with them). Hur also distinguished Biden’s behavior from four-times-indicted former president Donald Trump:

Several material distinctions between Mr. Trump’s case and Mr. Biden’s are clear. Unlike the evidence involving Mr. Biden, the allegations set forth in the indictment of Mr. Trump, if proven, would present serious aggravating facts. Most notably, after being given multiple chances to return classified documents and avoid prosecution, Mr. Trump allegedly did the opposite. According to the indictment, he not only refused to return the documents for many months, but he also obstructed justice by enlisting others to destroy evidence and then to lie about it. In contrast, Mr. Biden turned in classified documents to the National Archives and the Department of Justice, consented to the search of multiple locations including his homes, sat for a voluntary interview, and in other ways cooperated with the investigation.

That should have been the end of the matter.
But it was Hur’s gratuitous smear about Biden’s age and memory — most egregiously, his far-fetched allegation that Biden could not recall the date of his son Beau’s death — that transformed a snide report into a political screed. Speculating about how a jury might have perceived the president years after the incidents took place was entirely irrelevant because the lack of evidence meant there would be no case.

Former prosecutors were almost uniformly outraged. Jeffrey Toobin remarked, “It was outrageous that Hur put in some of that stuff in this report. That had no place in it.” He added, “There is no reason this report had to be 300 pages. There is no reason this fairly straightforward case had to be treated this way. … The job of prosecutors is to put up or shut up.”

Former prosecutor Andrew Weissmann called Hur’s jabs “entirely inappropriate.” He tweeted, “Of course, no crime was committed by Biden, but as anticipated, Hur takes the opportunity to make a gratuitous political swipe at Biden. … [Attorney General Merrick] Garland was right to have appointed a Special Counsel but wrong to pick Hur and to think only a Republican could fit the bill.” (Weissmann analogized to former FBI chief James B. Comey, who exonerated Hillary Clinton of crimes but savaged her conduct just days before the 2016 election.)

Likewise, ethics guru Matthew Seligman told me, “What Hur should have written — and all he should have written — is that there is insufficient evidence to prove beyond a reasonable doubt that President Biden’s level of intent rose to the willfulness standard required by the statute.” Eisen argues that Hur violated the Justice Department’s prosecutorial principles. (“Federal prosecutors should remain sensitive to the privacy and reputation interests of uncharged parties,” the rules say.)
Hur is not solely to blame for going beyond his mandate and introducing smears. Garland erred in appointing and giving free rein to a Republican loyalist. He should have anticipated that a rock-ribbed Republican such as Hur would echo GOP campaign smears attacking Biden’s memory and age. Garland’s lousy judgment wound up sullying and politicizing the Justice Department.

As former prosecutor Shan Wu wrote, “It was Garland’s responsibility to ensure that Hur’s report did not stray from proper Justice Department standards. Garland should have known the risks when he picked Hur — who had clerked for conservative Chief Justice William Rehnquist, served as the top aide to Deputy Attorney General Rod J. Rosenstein, who assisted [Attorney General] Bill Barr’s distortion of the Mueller Report, and who was a Trump-appointed U.S. Attorney.” (Hur also clerked for Judge Alex Kozinski, a right-wing icon on the U.S. Court of Appeals for the 9th Circuit who was forced to resign over accusations of decades-long egregious sexual harassment.) Unlike Barr, Garland did not even release a summary to focus on the salient facts. This blunder, coupled with his unconscionable delay in investigating Trump, bolsters criticism that Garland has been the wrong man for the job.

Finally, the media — which made a spectacle of itself hollering at and interrupting Biden in his news conference after the report was released — certainly amplified the GOP talking point. Many outlets failed to explain that there was insufficient evidence of willfulness. For days, headlines focused on the memory smear rather than on Biden’s exoneration. Worse, Sunday news shows misreported the report.

The Biden-Harris campaign decried the media’s obsession with Biden’s age while virtually ignoring another rambling, incoherent Trump speech in which he insisted Pennsylvania would be renamed if he lost. (In South Carolina on Saturday, he was at it again, inviting Russia to invade NATO countries and insulting Nikki Haley’s deployed husband.) By habitually and artificially leveling the playing field, much of the media enables MAGA propaganda and neglects Trump’s obvious mental and emotional infirmities.

Still, facts matter. Biden acted responsibly and committed no crime. Trump faces multiple felony counts, including intentionally withholding top-secret documents and obstructing an investigation. Three years separate Biden and Trump in age, but the distance between their mental and emotional fitness remains incalculable — as is the chasm between the media we have and the media democracy requires.

Heather Cox Richardson writes about the supine behavior of Republicans in the House of Representatives, as they worship at the shrine of Trump. The Senate passed a bipartisan bill to fund Ukraine, Taiwan, and Israel: 22 Republican Senators voted for it, openly defying the Orange Menace. But in the House, Speaker Mike Johnson says he won’t allow the bill to come to a vote because it is likely to pass. Johnson is collaborating with Trump who is collaborating with the enemies of freedom (aka Putin).

She writes:

History is watching,” President Joe Biden said this afternoon. He warned “Republicans in Congress who think they can oppose funding for Ukraine and not be held accountable” that “[f]ailure to support Ukraine at this critical moment will never be forgotten.”

At about 5:00 this morning, the Senate passed a $95 billion national security supplemental bill, providing funding for Ukraine, Israel, Taiwan, and humanitarian aid to Gaza. Most of the money in the measure will stay in the United States, paying defense contractors to restock the matériel the U.S. sends to Ukraine. 

The vote was 70–29 and was strongly bipartisan. Twenty-two Republicans joined Democrats in support of the bill, overcoming the opposition of far-right Republicans.

The measure went to the House of Representatives, where House speaker Mike Johnson (R-LA) said he will not take it up, even though his far-right supporters acknowledged that a majority of the representatives supported it and that if it did come to the floor, it would pass. 

Yesterday, House Intelligence Committee chair Mike Turner (R-OH)—who had just returned from his third trip to Ukraine, where he told President Volodymyr Zelensky that reinforcements were coming—told Politico’sRachel Bade: “We have to get this done…. This is no longer an issue of, ‘When do we support Ukraine?’ If we do not move, this will be abandoning Ukraine.” 

“The speaker will need to bring it to the floor,” Turner said. “You’re either for or against the authoritarian governments invading democratic countries.… You’re either for or against the killing of innocent civilians. You’re either for or against Russia reconstituting the Soviet Union.”

Today, Biden spoke to the press to “call on the Speaker to let the full House speak its mind and not allow a minority of the most extreme voices in the House to block this bill even from being voted on—even from being voted on. This is a critical act for the House to move. It needs to move.”

Bipartisan support for Ukraine “sends a clear message to Ukrainians and to our partners and to our allies around the world: America can be trusted, America can be relied upon, and America stands up for freedom,” he said. “We stand strong for our allies. We never bow down to anyone, and certainly not to Vladimir Putin.”

“Supporting this bill is standing up to Putin. Opposing it is playing into Putin’s hands.”

“The stakes were already high for American security before this bill was passed in the Senate last night,” Biden said. “But in recent days, those stakes have risen. And that’s because the former President has sent a dangerous and shockingly, frankly, un-American signal to the world” Biden said, referring to Trump’s statement on Saturday night that he would “encourage [Russia] to do whatever the hell they want” to countries that are part of the North Atlantic Treaty Organization (NATO)—the 75-year-old collective security organization that spans North America and Europe—but are not devoting 2% of the gross domestic product to their militaries. 

Trump’s invitation to Putin to invade our NATO allies was “dumb,…shameful,…dangerous, [and] un-American,” Biden said. “When America gives its word, it means something. When we make a commitment, we keep it. And NATO is a sacred commitment.” NATO, Biden said, is “the alliance that protects America and the world.”

“[O]ur adversaries have long sought to create cracks in the Alliance. The greatest hope of all those who wish America harm is for NATO to fall apart. And you can be sure that they all cheered when they heard [what] Donald Trump…said.”

“Our nation stands at…an inflection point in history…where the decisions we make now are going to determine the course of our future for decades to come. This is one of those moments.

And I say to the House members, House Republicans: You’ve got to decide. Are you going to stand up for freedom, or are you going to side with terror and tyranny? Are you going to stand with Ukraine, or are you going to stand with Putin? Will we stand with America or…with Trump?”

“Republicans and Democrats in the Senate came together to send a message of unity to the world. It’s time for the House Republicans to do the same thing: to pass this bill immediately, to stand for decency, stand for democracy, to stand up to a so-called leader hellbent on weakening American security,” Biden said. 

“And I mean this sincerely: History is watching. History is watching.”

But instead of taking up the supplemental national security bill tonight, House speaker Johnson took advantage of the fact that Representative Steve Scalise (R-LA) has returned to Washington after a stem cell transplant to battle his multiple myeloma and that Judy Chu (D-CA) is absent because she has Covid to make a second attempt to impeach Homeland Security Secretary Alejandro Mayorkas for “high crimes and misdemeanors” for his oversight of the southern border of the United States. 

Republicans voted to impeach Mayorkas by a vote of 214 to 213. The vote catered to far-right Republicans, but impeachment will go nowhere in the Senate.

“History will not look kindly on House Republicans for their blatant act of unconstitutional partisanship that has targeted an honorable public servant in order to play petty political games,” Biden said in a statement. He called on the House to pass the border security measure Republicans killed last week on Trump’s orders, and to pass the national security supplemental bill.

House minority leader Hakeem Jeffries (D-NY) has said he will use every possible tool to force a vote on the national security supplemental bill. In contrast, as Biden noted, House Republicans are taking their cue from former president Trump, who does not want aid to Ukraine to pass and who last night demonstrated that he is trying to consolidate his power over the party by installing hand-picked loyalists, including his daughter-in-law, Lara Trump, who is married to his son Eric, at the head of the Republican National Committee (RNC). 

This move is likely due in part to outgoing RNC chair Ronna McDaniel’s having said the RNC could not pay Trump’s legal bills once he declared himself a presidential candidate. After his political action committees dropped $50 million on legal fees last year, he could likely use another pipeline, and even closer loyalists might give him one. 

In addition, Trump probably recognizes that he might well lose the protective legal bulwark of the Trump Organization when Judge Arthur Engoron hands down his verdict in Trump’s $370 million civil fraud trial. New York attorney general Letitia James is seeking not only monetary penalties but also a ban on Trump’s ability to conduct business in the New York real estate industry. In that event, the RNC could become a base of operations for Trump if he succeeds in taking it over entirely. 

But it is not clear that all Republican lawmakers will follow him into that takeover, as his demands from the party not only put it out of step with the majority of the American people but also now clearly threaten to blow up global security. “Our base cannot possibly know what’s at stake at the level that any well-briefed U.S. senator should know about what’s at stake if Putin wins,” Senator Thom Tillis (R-NC) told his colleagues as he urged them to vote for the national security supplemental bill.

Politicians should recognize that Trump’s determination to win doesn’t help them much: it is all about him and does not extend to any down-ballot races. 

Indeed, the attempt of a Republican minority to impose its will on the majority of Americans appears to be sparking a backlash. In today’s election in New York’s Third Congressional District to replace indicted serial liar George Santos, a loyal Trump Republican, voters chose Democrat Tom Suozzi by about 8 points. CNN’s Dana Bash tonight said voters had told her they voted against the Republican candidate because Republicans, on Trump’s orders, killed the bipartisan border deal. The shift both cuts down the Republican majority in the House and suggests that going into 2024, suburban swing voters are breaking for Democrats. 

As Trump tries to complete his takeover of the formerly grand old Republican Party, its members have to decide whether to capitulate.

History is watching.

Thom Hartmann scores a bulls-eye again with this article.

The American people want the borders to be secure; they want a controlled flow of legal immigrants. It’s up to Congress to establish adequate border security, screening, judges, and border patrol. The Republicans have refused to send additional funds to Ukraine or Israel without a plan for the border. In the Senate, the two parties were close to reaching agreement on a bipartisan deal for the border.

But then, after his victory in New Hampshire, Trump stepped in and told them to kill the almost final agreement. He wants the issue of immigration and border security alive and unresolved for his fall campaign. Terrified of the Wrath of Trump, Senate Republicans fell meekly into line.

Hartmann writes here about previous Republican presidential candidates and presidents who have cynically put their political self-interest above the national interest:

Once again, America and the world are watching with horror as a Republican candidate for president — just to win an election — manipulates world affairs in a way that will cause widespread death and destruction while damaging the interests and reputation of America.

There’s a long tradition of Republicans running for president committing what can best called treason, or at least criminal manipulation of international affairs, to advantage themselves and hurt incumbent Democratic presidents.

Yesterday, Mitch McConnell let the proverbial cat out of the bag. A bipartisan group of senators had been working on a bill to provide funding to Ukraine and Israel, with money for the southern border, and when it looked like they were going to produce something that would actually pass the House and Senate, Donald Trump inserted himself, telling the Republicans they should kill the bill.

Trump apparently wants to run on chaos at the border, and solving the problem as this legislation is intended to do would take that issue away from him. But he’s also explicitly opposed to any further US aid to Ukraine. This is a treasonous twofer, putting Trump’s election above the interests of the United States and world peace.

Trump, of course, knows that if it weren’t for Putin’s intervention in the 2016 election, he never would have been president. And he desperately needs a repeat to hold onto his fortune and stay out of jail: he’s in a far greater bind now than when he first ran for president as a hustle to get GE to pay him more for his TV show.

His 2016 Campaign Manager Paul Manafort, after all, admitted that during that election he was handing secret internal campaign polling and strategy information off to Russian intelligence, so they could successfully use it to micro-target vulnerable voters via Facebook, an effort that reached 26 million targeted Americans in 6 swing states.

Now, Trump wants Putin’s help again for 2024. He knows that Putin can do things from overseas, including using deepfakes and posing as Americans to spread explicit lies on social media, that would send people to prison for election interference if done here in the US.

Putin’s number one goal, of course, is to seize control of Ukraine while destabilizing western democracies. So, Trump, wanting Putin’s help, is now trying to deliver Ukraine to Putin by killing US aid.

This pattern of Republican presidential candidates criminally intervening in foreign policy just to win elections started in 1968 and has been a feature — not a bug — of every Republican president who succeeded in taking the White House since: it’s time to seriously discuss the five-decade-long problem we have with treasonous and illegitimate GOP presidents.

It started in 1968, when President Lyndon Johnson was desperately trying to end the Vietnam war. It had turned into both a personal and political nightmare for him, and his vice president, Hubert Humphrey, who was running for President in the election that year against a “reinvented” Richard Nixon.

Johnson spent most of late 1967 and early 1968 working back-channels to North and South Vietnam, and by the summer of 1968 had a tentative agreement from both for what promised to be a lasting peace deal they’d both sign that that fall.

But Richard Nixon knew that if he could block that peace deal, it would kill VP Hubert Humphrey’s chances of winning the 1968 election. So, Nixon sent envoys from his campaign to talk to South Vietnamese leaders to encourage them not to attend upcoming peace talks in Paris.

Nixon promised South Vietnam’s corrupt politicians that he’d give them a personally richer deal when he was President than LBJ could give them then.

The FBI had been wiretapping South Vietnam’s US agents and told LBJ about Nixon’s effort to prolong the Vietnam War. Thus, just three days before the 1968 election, President Johnson phoned the Republican Senate leader, Everett Dirksen, (you can listen to the entire conversation here):

President Johnson: Some of our folks, including some of the old China lobby, are going to the Vietnamese embassy and saying please notify the [South Vietnamese] president that if he’ll hold out ’til November 2nd they could get a better deal. Now, I’m reading their hand. I don’t want to get this in the campaign. And they oughtn’t to be doin’ this, Everett. This is treason.

Sen. Dirksen: I know.

Those tapes were only released by the LBJ library in the past decade, and that’s Richard Nixon who Lyndon Johnson was accusing of treason.

At that point, for President Johnson, it was no longer about getting Humphrey elected. By then Nixon’s plan had already worked and Humphrey was being wiped out in the polls because the war was ongoing.

Instead, Johnson was desperately trying to salvage the peace talks to stop the death and carnage as soon as possible. He literally couldn’t sleep.

In a phone call to Nixon himself just before the election, LBJ begged him to stop sabotaging the peace process, noting that he was almost certainly going to win the election and inherit the war anyway. Instead, Nixon publicly said LBJ’s efforts were “in shambles.”

But South Vietnam had taken Nixon’s deal and boycotted the peace talks, the war continued, and Nixon won the White House thanks to it.

An additional twenty-two thousand American soldiers, and an additional million-plus Vietnamese died because of Nixon’s 1968 treason, and he left it to Jerry Ford to end the war and evacuate American soldiers.

Nixon was never held to account for that treason, and when the LBJ library released the tapes and documentation long after his and LBJ’s deaths it was barely noticed by the American press.

Gerald Ford, who succeeded Nixon, was never elected to the White House (he was appointed to replace VP Spiro Agnew, after Agnew was indicted for decades of taking bribes), and thus would never have been President had it not been for Richard Nixon’s treason. He pardoned Nixon.

Next up was Ronald Reagan.

During the Carter/Reagan election battle of 1980, then-President Carter had reached a deal with newly-elected Iranian President Abdolhassan Bani-Sadr to release the fifty-two hostages held by students at the American Embassy in Tehran.

Bani-Sadr was a moderate and, as he explained in an editorial for The Christian Science Monitor, successfully ran for President of Iran that summer on the popular position of releasing the hostages:

“I openly opposed the hostage-taking throughout the election campaign…. I won the election with over 76 percent of the vote…. Other candidates also were openly against hostage-taking, and overall, 96 percent of votes in that election were given to candidates who were against it [hostage-taking].”

Carter was confident that with Bani-Sadr’s help, he could end the embarrassing hostage crisis that had been a thorn in his political side ever since it began in November of 1979.

But behind Carter’s back, the Reagan campaign worked out a deal with the leader of Iran’s radical faction — Supreme Leader Ayatollah Khomeini — to keep the hostages in captivity until after the 1980 Presidential election. Khomeini needed spare parts for American weapons systems the Shah had purchased for Iran, and Reagan was happy to promise them.

This is the story that was finally confirmed just last year with The New York Times’ reporting that we now know how the deal was conveyed to the Ayatollah and by whom, including the lieutenant governor of Texas.

This was the second modern-day act of treason by a Republican wanting to become president.

The Reagan campaign’s secret negotiations with Khomeini — the so-called “Iran/Contra October Surprise” — sabotaged President Carter’s and Iranian President Bani-Sadr’s attempts to free the hostages.

As President Bani-Sadr told The Christian Science Monitor in March of 2013:

“After arriving in France [in 1981], I told a BBC reporter that I had left Iran to expose the symbiotic relationship between Khomeinism and Reaganism.

“Ayatollah Khomeini and Ronald Reagan had organized a clandestine negotiation, later known as the ‘October Surprise,’ which prevented the attempts by myself and then-US President Jimmy Carter to free the hostages before the 1980 US presidential election took place. The fact that they were not released tipped the results of the election in favor of Reagan.”

And Reagan’s treason — just like Nixon’s treason — worked perfectly.

The Iran hostage crisis continued and torpedoed Jimmy Carter’s re-election hopes. And the same day Reagan took the oath of office — to the minute, as Reagan put his hand on the bible, by way of Iran’s acknowledging the deal — the American hostages in Iran were released.

Keeping his side of the deal, Reagan began selling the Iranians weapons and spare parts in 1981, and continued until he was busted for it in 1986, producing the so-called “Iran/Contra” scandal.

But, like Nixon, Reagan was never held to account for the criminal and treasonous actions that brought him to office. Which is one reason Bush Jr. and Trump believed they could get away with anything.

After Reagan — Bush senior was elected — but like Jerry Ford — Bush was really only President because he served as Vice President under Reagan. And, of course, the naked racism of his Willie Horton ads helped boost him into office.

The criminal investigation into Iran/Contra came to a head with independent prosecutor Lawrence Walsh subpoenaing President George HW Bush after having already obtained convictions for Weinberger, Ollie North and others.

And Walsh was now looking into actual criminal activity by Bush himself in support of the Iran/Contra October Surprise.

Bush’s attorney general, Bill Barr, suggested he pardon them all to kill the investigation and protect himself, which Bush did.

The screaming headline across the New York Times front page on December 25, 1992, said it all: “BUSH PARDONS 6 IN IRAN AFFAIR, AVERTING A WEINBERGER TRIAL; PROSECUTOR ASSAILS ‘COVER-UP’”

And if the October Surprise hadn’t hoodwinked voters in 1980, you can bet Bush senior would never have been elected in 1988. That’s four illegitimate Republican presidents.

Which brings us to George W. Bush, the man who was given the White House by five right-wing justices on the Supreme Court.

In the Bush v. Gore Supreme Court decision in 2000 that stopped the Florida recount — and thus handed George W. Bush the presidency — Justice Antonin Scalia wrote in his opinion:

“The counting of votes … does in my view threaten irreparable harm to petitioner [George W. Bush], and to the country, by casting a cloud upon what he [Bush] claims to be the legitimacy of his election.”

Apparently, denying the presidency to Al Gore, the guy who actually won the most votes in Florida and won the popular vote nationwide by over a half-million, did not constitute “irreparable harm” to Scalia or the media.

And apparently it wasn’t important that Scalia’s son worked for a law firm that was defending George W. Bush before the high court (with no Scalia recusal).

Just like it wasn’t important to mention that Justice Clarence Thomas’s wife worked on the Bush transition team — before the Supreme Court shut down the recount in Florida — and was busily accepting resumes from people who would serve in the Bush White House if her husband stopped the recount in Florida…which he did. (No Thomas recusal, either.)

More than a year after the election a consortium of newspapers including The Washington Post, The New York Times, and USA Today did their own recount of the vote in Florida — manually counting every vote in a process that took almost a year — and concluded that Al Gore did indeed win the presidency in 2000.

As the November 12th, 2001 article in The New York Times read:

“If all the ballots had been reviewed under any of seven single standards and combined with the results of an examination of overvotes, Mr. Gore would have won.”

That little bit of info was slipped into the seventeenth paragraph of the Times story so that it would attract as little attention as possible because the 9/11 attacks had happened just weeks earlier and journalists feared that burdening Americans with the plain truth that George W. Bush actually lost the election would further hurt a nation already in crisis.

To compound the crime, Bush could only have gotten as close to Gore in the election as he did because his brother, Florida Governor Jeb Bush, had ordered his Secretary of State, Kathrine Harris, to purge at least 57,000 mostly-Black voters from the state’s voter rolls just before the election. Thousands of African Americans showed up to vote and were turned away from the polls in that election in Florida that Bush “won” by fewer than 600 votes.

The simple reality is that Al Gore won Florida in 2000, won the national popular vote by a half-million, and five Republicans on the Supreme Court denied him the presidency.

Florida Governor and George W. Bush’s brother Jeb had his Secretary of State, Kathryn Harris, throw thousands of African Americans off the voting rolls just before the election but then — when the votes had come in and it was clear former Vice President Al Gore had still won — she invented a brand new category of ballots for the 2000 election: “Spoiled.”

As The New York Times reported a year after the 2000 election when the consortium of newspapers they were part of finally recounted all the ballots:

“While 35,176 voters wrote in Bush’s name after punching the hole for him, 80,775 wrote in Gore’s name while punching the hole for Gore. [Florida Secretary of State] Katherine Harris decided that these were ‘spoiled’ ballots because they were both punched and written upon and ordered that none of them should be counted.

“Many were from African American districts, where older and often broken machines were distributed, causing voters to write onto their ballots so their intent would be unambiguous.”

George W. Bush “won” the election by 537 votes in Florida, because the statewide recount — which would have revealed Harris’s crime and counted the “spoiled” ballots, handing the election to Gore (who’d won the popular vote by over a half-million nationwide) — was stopped when George HW Bush appointee Clarence Thomas became the deciding vote on the Supreme Court to block the recount order from the Florida Supreme Court.

Harris’ decision to not count the 45,599 more votes for Gore than Bush was completely arbitrary: there was no legal category and no legal precedent, outside of the old Confederate states simply refusing to count the votes of Black people, to justify it.

The intent of the voters was unambiguous. And the 5 Republicans on the Supreme Court jumped in to block the recount ordered by the Florida Supreme Court (in violation of the 10th Amendment) just in time to prevent those “spoiled” votes from being counted, cementing Bush’s illegitimate presidency.

So, for the third time in 4 decades, Republicans took the White House under illegitimate electoral circumstances. Even President Carter was shocked by the brazenness of that one. And Jeb Bush and the GOP were never held to account for that crime against democracy.

To get re-elected in 2004, Bush used an old trick: become a “wartime president.” In 1999, when George W. Bush decided he was going to run for president in the 2000 election, his parents hired Mickey Herskowitz to write the first draft of Bush’s autobiography, A Charge To Keep.

Although Bush had gone AWOL for about a year during the Vietnam war and was thus apparently no fan of combat, he’d concluded (from watching his father’s “little 3-day war” with Iraq) that being a “wartime president” was the most consistently surefire way to get reelected and have a two-term presidency.

“I’ll tell you, he was thinking about invading Iraq in 1999,” Herskowitz told reporter Russ Baker in 2004.

“One of the things [Bush] said to me,” Herskowitz said, “is: ‘One of the keys to being seen as a great leader is to be seen as a commander-in-chief. My father had all this political capital built up when he drove the Iraqis out of (Kuwait) and he wasted it.

“[Bush] said, ‘If I have a chance to invade Iraq, if I had that much capital, I’m not going to waste it. I’m going to get everything passed I want to get passed and I’m going to have a successful presidency.’”

Bush lying us into that war was an act of treason against America that cost 900,000 Iraqi lives, over 7,000 American lives (on the battlefield: veterans are still committing suicide daily), and over $8 trillion added to the national debt.

But it did what it was supposed to do: it got Bush re-elected in 2004.

Which brings us to this year’s election.

In 2016, Trump ally Kris Kobach and Republican Secretaries of State across the nation used Interstate Crosscheck to purge millions of legitimate voters — most people of color — from the voting rolls just in time for the Clinton/Trump election.

Meanwhile, Russian oligarchs and the Russian state, and possibly pro-Trump groups or nations in the Middle East, are alleged to have funded a widespread program to flood social media with pro-Trump, anti-Clinton messages from accounts posing as Americans, as documented by Robert Mueller’s investigation.

It was so blatant that it provoked the U.S. Intelligence Community’s assessment of their similar actions during the 2020 election (done while Trump was still president but released in March, 2021) pretty much declaring Trump a “Russian asset.”

It was a repeat, in many ways (albeit unsuccessful this time) of the Russian efforts in 2016. Then, as mentioned, Republican campaign data on the 2016 election, including which states needed a little help via phony influencers on Facebook and other social media, was not only given to Konstantin Kilimnik by Paul Manafort, but Kilimnik transferred it to Russian intelligence.

And now Trump is trying to exacerbate a crisis on our southern border and screw Ukraine in a way that will lead to mass causalities and disrupt the international order — all to give Putin what he wants — the same way Nixon used Vietnam, Reagan used Iran, and Bush used Iraq, just to win a damn election.

While we can’t rewrite history, at least we can try to prevent it from being repeated. Call your members of Congress — your representative and both your senators — and let them know if you agree that Ukraine aid and resolving the issue at the southern border shouldn’t be held hostage to Trump’s need for Putin’s help and approval.

The number for the congressional switchboard is: 202-224-3121.

It’s way past time that America ceased to be the dog wagged by the tail of corrupt Republicans who want to be president.