Tag: Donald Trump

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Crimes, Misdemeanors, and Legitimacy Crises

Fresno Bee, March 25, 2023

Trump and Putin cases put justice systems under stress tests. 

The law is a human creation. It works best when we all believe it is fair. But the legal system is a limited and imperfect tool for achieving justice. This past week, stories involving Vladimir Putin and Donald Trump remind us that “the rule of law” is limited by political power. In both cases, we’ve heard the phrase “no one is above the law.” But that is an aspiration, not a fact.

Consider the indictment of Russian president Vladimir Putin for war crimes. The International Criminal Court in The Hague claims that Putin is responsible for the crime of unlawfully deporting Ukrainian children to Russia. Putin is likely responsible for a variety of other war crimes. The United Nations has accused Russian forces of war crimes including killing noncombatants, rape, and torture. The U.S. has made similar accusations.

But the ICC cannot go to Russia and arrest Putin, bring him to The Hague, and put him on trial. The jurisdiction of the ICC is not recognized by Russia. Nor is it recognized by the United States, China, or Ukraine. The court is basically powerless to bring to justice any war criminal from those countries. This shows us how far away we are from a global system of criminal justice that would promote world peace.

As the Ukrainian tragedy unfolds, a comedy plays out in the U.S. starring Donald Trump. Trump warned he would be indicted in New York this last Tuesday for paying porn star Stormy Daniels to stop claiming she had an affair with him. The GOP candidate for president called for his supporters to protest and “take our nation back.” In his all-caps rants on Truth Social, Trump claims that the justice system is run by “animals and thugs” and “racists” who let “murderers, rapists, and drug dealers walk free” and who are “purposefully destroying our country.”

In response, barricades were set up around the Manhattan courthouse, the D.A.’s office, and around Trump Tower. And then, nothing happened on Tuesday. Perhaps the D.A. flinched. But the fact remains that Trump’s strategy is to discredit the entire legal apparatus.

And yet, there is the risk of this American comedy devolving into tragedy, if Trump is indicted. What if Trump refuses to appear in the Manhattan court — a court whose legitimacy he rejects? What if his supporters surrounded Mar-a-Lago trying to prevent him from being arrested and extradited? And what if Kevin McCarthy, the speaker of the House, joined Trump at Mar-a-Lago? McCarthy has also accused the Manhattan district attorney of “an outrageous abuse of power” in the porn-star case. What then would Florida governor Ron DeSantis do? Would he refuse to extradite Trump?

These what-ifs may seem unlikely. But after the Jan. 6, 2021 riot at the U.S. Capitol, these things are not unimaginable. And it’s not only Jan. 6 that exposes the fragility of our system. Many Americans seem to agree with Trump’s basic complaint that the American justice system is unjust.

On the left, critics complain about police brutality, racial profiling, racial disparities in sentencing, and white supremacy in the criminal justice system. On the right, critics complain of a “weaponized” FBI, maintaining that the U.S. Department of Justice has tyrannized the “patriots” of Jan. 6. Trump has also claimed that the Manhattan D.A. — who is Black — is racist against him, while suggesting that the Federal DOJ is a “Department of Injustice.”

Our domestic distrust and polarization runs parallel to the problem with Putin and the ICC. Russia and the U.S. refuse to recognize the ICC. And in the U.S., leftists and Trumpians each question the legitimacy of the American system. But systems of justice do not work if there is no agreement about the impartiality and jurisdiction of the courts.

This crisis of legitimacy is dispiriting if we believe in “liberty and justice for all.” Of course, the law has never been perfect. The legal system is a human creation, built out of crooked timber. It depends on the good will of legislators, judges, lawyers, cops and citizens.

History reminds us that when good will is lacking, these systems fail and collapse. These are cynical times. But it’s still up to “we, the people” to fix what is broken and imagine how we might create fairer, and more universal systems of justice.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article273527440.html#storylink=cpy

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The Ethics of Resigning Governors and State Recall Elections

Fresno Bee, August 15, 2021

To resign or not to resign? That’s not quite Hamlet’s question. But it’s close.

In New York, the governor resigned in disgrace, while Californians are trying to kick our governor out of office. New York’s Andrew Cuomo is accused of sexual harassment, fudging the numbers during the pandemic, and other misdeeds. Cuomo said he would step aside so as not to be a distraction from the business of governing.

California’s governor, Gavin Newsom, is not accused of sexual harassment. But he is accused of mishandling the pandemic, being soft on crime, contributing to rising poverty, and so on. In California, there will be a special recall election.

It may seem obvious that if a leader misbehaves, he or she should step aside or be removed.

But Donald Trump and Bill Clinton provide counter-examples. Both clung to power, despite the sleaze and the impeachments. The Trump-Clinton model is one of pugnacious resistance. They teach us to fight the opposition, malign the accusers, and circle the wagons. In both cases, this strategy worked.

Bad guys who refuse to resign typically claim that they are defending their integrity and honor against false accusations. They are lying, of course. But once you are on the highway to hell, the cover-ups are par for the course.

For decent people, this is appalling. If the accusations are true, you should step aside. That’s what a good person would do. Of course, if you are a good person, there probably won’t be any accusations.

Cuomo’s resignation complicates this somewhat. He claims that the accusations against him are false. But he resigned anyway. He said, more or less, I’m not guilty but I’m resigning.

But isn’t that what a guilty person would say? We suspect that by stepping down, he is admitting guilt. That’s the way most people interpret Richard Nixon’s resignation. He said, “I am not a crook.” He resigned before he could be convicted for his “dirty tricks.”

A good rule of thumb is that when scandals get in the way of your job, it is time to go. For most jobs, even governor or president, there are lots of competent people who could do them. If you are plagued by accusations of wrongdoing (whether true or false), you should get out of the way and let someone else take over. Once your leadership becomes a liability, step aside in the name of the common good.

But we cling to our jobs. Sometimes this is malicious. Lascivious scout masters and pedophile priests hang on to their positions. In other cases, people feel entitled to the prestige they have earned. They want to hold on to the money and the status, come hell or high water.

Furthermore, political leadership in a democracy is connected to the will of the people. Newsom won the 2018 election by a 24-point margin. It would seem undemocratic for him to resign. This would subvert the will of the majority who voted for him. And since we have a recall procedure in our state Constitution, this is the most democratic way to proceed.

Of course, Trump supporters made a similar point about Trump during his impeachments — that impeachment was like spitting in the eye of those who voted for Trump. And so it goes. The democracy trump card can be played by anyone.

All of this is exacerbated by polarization and distrust. When our guy (or gal) is in office, we circle the wagons. When the other party is in control, we go on the attack. Our political life can appear to be a game of partisan “gotcha.”

But there are cases when ethics rises above politics. A few Republicans have refused to circle their wagons around Trump. And in Cuomo’s case, his own party turned against him.

This points toward the solution. Hamlet felt himself to be alone in the world. But American politicians are not alone. Their power is the result of a social process. It involves parties, donors and voters.

In the long run, what matters is the truth and the common good. The hyperpartisans on the barricades will be remembered as hypocrites and sycophants. Those who pursue truth, justice, and the common good are the heroes of democracy.

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Critical Race Theory and the Project of Enlightenment

Fresno Bee, June 13, 2021

Criticism can be divisive. But banning critique is a bad idea. Unanimity that results from censorship is not genuine. The productive solution is more enlightened critique.

I say this in response to efforts in several states to prohibit “critical race theory” (CRT) from being taught in schools. CRT claims that racism is deeply embedded in American institutions.

The reaction against CRT follows a script written by Donald Trump. Last fall he described CRT as a “crusade against American history.” He said it was “toxic propaganda, ideological poison, that, if not removed, will dissolve the civic bonds that tie us together, will destroy our country.”

But prohibiting a theory does not make it false. To disprove a theory, you need to critically examine it. Rather than censoring CRT, let’s encourage students to listen carefully to what critics have to say about racism. If the critics are wrong, let students prove them wrong. If they are right, then let’s empower young people to imagine productive solutions. Ideological indoctrination is wrong, whether it occurs in defense of CRT or against it.

The effort to ban CRT is symptomatic of a broader human avoidance of critical thought. We often prefer useful illusions about faith, family and country. When people challenge our illusions, we get defensive.

Religious people get defensive when scholars critically examine religious texts and beliefs. Something similar happens when feminists criticize gender, sex and the family. It happens when philosophers question cherished values.

Ideas and institutions are strengthened by confronting criticism head on. Criticism exposes flaws and weaknesses that can be improved. Without critique, bad ideas fester and institutions rot. If an idea or an institution is not strong enough to sustain critical scrutiny, that is not the fault of the critic.

The crucible of criticism causes values to evolve. We cannot predict where this will lead. But the hope is that as bad ideas are exposed, better ideas will develop, and institutions will be strengthened as a result.

Radical critique has a deep history. Socrates criticized Athens. Jesus critiqued Jerusalem. The American founders criticized British tyranny. Dr. Martin Luther King Jr. critiqued the American dream.

The heroes of critique are often opposed by reactionary forces who aim to silence them without responding to their criticisms. Sometimes this involves violence, as in the cases of King, Socrates and Jesus. But silencing the critic does not stifle the criticism. If the critique contains truth, the next generation will carry it forward.

It is not easy to think critically about the status quo. Sometimes it seems easier to avoid thinking altogether. But as King said, “Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.” He also said we have a “moral responsibility to be intelligent.”

Ignoring the problem of race in America will not make it go away. Indeed, institutions that censor criticism end up looking weak and stupid as a result. It is childish to stop up your ears and close your eyes.

Adults ought to confront problems with honesty, sincerity, and creative intelligence. Let’s model that behavior for our children. American kids know that there are racial problems in America. Riots in the streets make it clear. Preventing them from thinking critically about these problems won’t solve them. Our kids need lots of critical tools so that they can imagine solutions to our problems. Silencing the critics is not a useful strategy.

Censors sometimes seem to think that the critical theorist is conjuring these problems into existence. But critical theory is not a conjuring act. Rather, it brings to light the skeletons in the closet. The critical theorist does not create these specters. They are already there.

Critical theory is about enlightenment. One of the most famous mottos of enlightenment is “sapere aude,” which means “dare to be wise.” Wisdom requires the courage to confront the world without illusions. The light of truth exposes things as they are, not as we want them to be.

You have to shine this light into the closet. Ignoring the skeletons hidden there, won’t make them disappear. You also have to look in the mirror. If you don’t like what you see there, turning off the light won’t help.

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The Poison of the Big Lie

Fresno Bee, May 16, 2021

The “big lie” is destroying our country. When Liz Cheney was deposed from GOP leadership, she said, “we cannot both embrace the big lie and the Constitution.” Cheney was referring to the lie that the 2020 election was stolen from Trump.

Trump sees things differently. In early May, Trump proclaimed, “The Fraudulent Presidential Election of 2020 will be, from this day forth, known as THE BIG LIE!” Cheney responded, “The 2020 presidential election was not stolen. Anyone who claims it was is spreading THE BIG LIE, turning their back on the rule of law, and poisoning our democratic system.”

Unfortunately, this venom is already wreaking havoc. Half of Republicans believe that Biden was not legitimately elected. And this past week, 124 retired generals and admirals signed a letter claiming that a “tyrannical government” of socialists and Marxists has taken over. The letter also maligns the Supreme Court for ignoring “irregularities” in the 2020 election.TOP

Who should we believe? In asking this question we wander in a toxic fog. Who can we trust when the authorities and “we, the people” are so divided?

Big political lies have a long lineage. Plato suggested that the masses should be fed lies to maintain social order. Hitler said that “the primitive simplicity” of the masses leaves them susceptible to big lies. The big lie festers in the mind. You don’t have to fully believe it for it to work. Big lies throw us off balance. The authorities take advantage of our disorientation.

Big tangled webs of lies are found everywhere: in states, churches, families and businesses. Ordinary people have a difficult time sorting out the truth about pedophile priests and party purges. Some turn away in disgust. Others simply fall in line with a shrug and a sigh. This happens in families and businesses where people smile and wave despite the skeletons in the closet.

Vaclav Havel, the dissident who became president of Czechoslovakia, explained that people can live their entire lives within a network of lies. Communist regimes were based upon layers of falsehood that no one believed.

In Czechoslovakia, on Havel’s telling, individuals went through the motions. Silent conformity was sufficient for the “thick crust of lies” to endure. But this veneer is shattered when enough people simply live in truth. This is not heroic truth-telling. Rather, it is what happens when people stop saluting, stop repeating the mantras, and simply ignore political nonsense.

Of course, those in power cannot tolerate this. In the old days, the powerful would imprison non-conformists and kill truth-tellers. But in the age of advertising, confusion suffices. Propaganda baffles us, while the powerful pick our pockets.

Distrust and confusion are disastrous for democracy. When each party accuses the other of lying about the legitimacy of elections, we reach an impasse. We must either pick a side or throw up our hands in despair. Each option is inadequate.

If we pick a side — even the side that is objectively true — this means we must believe that the other side is malicious, devious, and untrustworthy. Democrats applaud Cheney, believing that Trump and his minions are big fat liars. But Republicans view Cheney as a traitor. They think that the Democrats are devious devils who stole the election. This polarization prevents cooperation. It is not possible to cooperate with a party that does not play by the rules or tell the truth.

And if we do not pick a side but, rather, retreat in despair and cynicism? Well, this also destroys democracy. All of this lie-mongering is leading many to conclude that the entire political class is a viper’s nest of hissing liars.

Nothing is more corrosive of democracy than cynical despair. Why vote if elections are rigged? Why pay taxes if tyrannical usurpers are in office? Why bother to go through the motions if the whole system is a crust of lies?

These are the frightening questions that arise in a country that is falling apart. The truth is that no political community lasts forever. Athens collapsed, as did Czechoslovakia. No family, church, or business can endure without confronting the skeletons in the closet. And no democracy can endure when each party accuses the other of lying about democracy itself.

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Tyranny and Love

Fresno Bee, February 14, 2021

Love is powerful and perilous. It arouses and inspires, transforms and uplifts. But love can also be manipulated and exploited. Child abuse and domestic violence are appalling perversions of love, as is tyranny.

Love hovers in the background of the Trump impeachment. The violence of Jan. 6 was inspired by a strange love. At the rally that led to the insurrection, Trump thanked the crowd for their “extraordinary love.” The crowd chanted in reply, “We love Trump.” As those chants morphed into, “Fight for Trump,” the erotic became violent.

Trump eventually called for peace in a video where he described his opponents as “so bad and so evil.” He told his followers, “We love you. You are very special.”

This is not, of course, how love is supposed to work. Love is not supposed to look like a violent mob, a battered wife, or a cowering child. Love should make things better, not worse. It ought to be grounded in dignity and truth. It should enrich and include.

Love is easily manipulated. The abuser takes advantage of his lover’s infatuation. The gullible child, the frightened wife, and the devoted loyalist are bewildered by perverted eroticism. The victims of erotic exploitation are confused by lies, threats, and gaslighting. Their trust is twisted, their emotions manipulated.

The Greeks pictured Eros, the god of love, as a mischievous spirit. Eros inspires courage and sacrifice. But this can become fanatical. Eros afflicts us with a kind of madness that connects us to the divine. But love often becomes its opposite.

Freud suggested that eros and aggression are intertwined. Love inspires us to courageously defend those we love against insults and threats. This natural instinct distinguishes friend from foe. When this instinct is perverted, it fuels racism and ethnic violence. In joining together with those we love, we sometimes turn against those we hate.

Love is also connected to power and to madness. Erotic love can make people do crazy things. The sexual appetite destroys common sense.

Plato linked the madness of love to tyranny. He recognized that love empowers the tyrant. The tyrant’s self-love is excessive. Despite his narcissism, his followers love him. Their strange infatuation leads them to do shameful deeds on the tyrant’s behalf.

This happens in politics, in cults, and in families. Sadistic husbands, abusive priests, and vicious politicians remain beloved despite their crimes. This is as irrational as it is dangerous. Misguided love encourages and apologizes for the tyrant’s transgressions. The wife refuses to press charges. The cult closes in to protect the abuser. The partisans rally round the tyrant’s flag.

Despite what he says, the tyrant does not really love his adoring disciples. He loves only himself. When the chance arises, he will throw his devotees under the bus without blinking an eye.

Genuine love is different. The Apostle Paul said that love is patient and kind. It is not aggressive or easily angered. It is not proud or self-serving. It rejoices in the truth. Christians maintain that God is love. The Christian vision of love involves giving and forgiving, mercy and sacrifice.

A similar idea is found in Plato, who suggested that Eros holds the key to virtue and happiness. Tyrannical love closes us off in aggression and violence. Platonic love opens us up to friendship and wisdom.

Love enchants and expands. It leads us beyond the narrowness of ego toward something larger. It widens our circle and enriches the self. Plato said it connects us to eternal truths. Platonic love transforms both self and world. Things become more beautiful and joyful. We are inspired to embrace and to create.

There is energy and light in love. The lover’s flame warms and illuminates. This heat can also burn out of control. Love can sink into possessive jealously. Fanatical desire can become destructive. Tyrants abuse love in families, religions, and states.

The solution is to put Eros on trial. When Eros becomes tyrannical, it must be convicted and corrected. Love ought to help instead of hurt. It ought to decrease violence and build community. It ought to keep us open to the possible. And instead of causing terror and tears, it ought to give us hope.