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Trash Talk: Hot January in the D

[NB: note the byline, thanks. /~Rayne]

Though 25F and cloudy in the D, it’s hot today where Detroit Lions’ fans are stoked out of their gourds because their beloved Kitties won their first NFL’s playoff game last week and are scheduled to play their second at 3:00 p.m. this afternoon on their own turf.

Michigan newspapers are loaded with helpful pointers about where to eat and drink with one paper in particular offering the recipe for a Honolulu Blue Kool-Aid cocktail, matching the color of the Lions’ uniform. Absolut Citron and blue curacao? I’m game, I’d try it.

Of course there’s the usual bad mouthing about Detroit. Can’t let the Motor City and the Arsenal of Democracy have anything good without a healthy slap, right, WaPo? Let’s not allow Detroiters to have a rare moment of unbridled happiness without picking at all the wounds.

At least WaPo had to get a lot closer to ensure there was a forced both-sides. Ruin porn on which major newspapers have feasted for the last 10-20 years is a lot more difficult to come by these days in the D. One only needs to look at the Michigan Central Station as an example of restoration and innovation replacing one of media’s favorite ruins.

Tampa Bay Buccaneers meet the Detroit Lions at 3:00 p.m. in the D.

Kansas City Chiefs meet the Bills at 6:30 p.m. in Buffalo.

Yesterday the San Francisco 49ers won at home over the Green Bay Packers 24-21.

The Baltimore Ravens likewise won at home over the Texas Longhorns, 34-10.

Let’s see if home field advantage likewise helps the Kitties today.

~ ~ ~

Speaking of the KC Chiefs, some stalkery dude tried to break into Taylor Swift’s place in TriBeca; he’d been skulking around her place for weeks trying to see her. Swift is still dating the Chief’s tight end Travis Kelce which should make the Chiefs’ game in Buffalo more amusing due to the extra star power in the audience.

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In football – the other football – racist fans have gotten completely out of hand. FIFA’s president Gianni Infantino wants to crack down on the abusive behavior asking teams to forfeit if their fans are disruptively racist.

“The events that took place in Udine and Sheffield on Saturday are totally abhorrent and completely unacceptable,” Infantino added. “The players affected by Saturday’s events have my undivided support. Fifa and football shows full solidarity to victims of racism and any form of discrimination.

“Once and for all: No to racism! No to any form of discrimination!” the head of world football’s governing body added. “We need ALL the relevant stakeholders to take action, starting with education in schools so that future generations understand that this is not part of football or society.”

Yeah. That. Ditto.

Infantino’s demand comes after racist incidents during Coventry City FC at Sheffield FC on January 17 and AC Milan FC at Udinese FC on January 20. Both incidents were aimed at Black players – Coventry’s midfielder Kasey Palmer and AC Milan’s goalkeeper Mike Maignan – with the latter walking off the pitch at one point in protest.

It’s not a good look for FIFA when these incidents happened within days of each other and in different countries in and out of the EU.

~ ~ ~

Damn it. I just realized I made a mistake. My spouse and I agreed I’d cook dinner yesterday and he’d bring home fried chicken for dinner today.

Betting with the Lions’ game he’s ensconced at his favorite watering hole with his friends right now after a couple hours in the office, and getting fried chicken tonight will be a nightmare since so many Michiganders will be ordering takeout to watch the game.

Looks like it’s leftovers tonight.

Treat this like an open thread.

[Photo: Jose Chavez via Unsplash]

Trash Talk: Here for ‘The Big Game’

Okay, I promised I’d put up a Trash Talk post for The Big Game. Here it is, have at it.

What Big Game, you might ask. Yeah, I made that mistake last week.

I must be slipping a cog because a Michigander like myself should have remembered University of Michigan Wolverines plays its Big Ten rival Ohio State University Buckeyes today.

Most of the hardware stores in this state are probably rather quiet right now. Their usual denizens are likely parked in front of the tube in their favorite sports bar if not their den, if not out in the woods watching on their mobile device while choking out the final weekend of firearm deer season.

They’ve just kicked off. If you want to watch the number 3 ranked team U-M meeting the number two team OSU, you’ll find them on Fox.

Big question going into this game — at least for Michiganders: is running back Blake Corum recovered from last weekend’s injury to his left knee?

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Let’s switch gears to the NFL —

— You Green Bay Packers haters must be tickled at the season-ending suspension of rookie lineman Sean Rhyan for performance enhancing drugs. Personally, I can’t understand why someone with so much going for them would fuck up like this so early into their career with a professional team. He’s played only one game for the Packers.

— Dallas Cowboys owner Jerry Jones just happened to be watching an effort to harass Black students to prevent them from entering the North Little Rock High School they attended with Jones. A photo surfaced this week in which Jones appears within arm’s length of the harassed students. He was just 14 or 15 years old and it was just a coincidence he was there in that photo watching the harassment Jones expects us to believe. We’re also supposed to give him some credit for having been punished by his high school team for being anywhere near this conflict in which he just stood there.

ESPN’s Stephen A. Smith expects to likewise cut Jones, who has profited immensely from so many Black bodies working for him for years, some slack because Jones hasn’t deserved the heat he’s received this week.

Yeah, well those six Black students didn’t deserve the harassment in that 60-odd-year-old photo, the harassment they surely received before that photo, or the discrimination they’ve endured because of structural racism since then.

Smith will continue to benefit from his access journalism and Jones, who has never hired a Black coach, will continue to enjoy his billions.

~ ~ ~

Fucking FIFA. I will be so glad when this atrocity is over.

— “Bonesaw” bin Salman gifted each of Saudi Arabia’s players a Rolls Royce Phantom after their win over Argentina this past Tuesday. Seems on brand awarding a fossil-fueled fossil to a team representing a fossil fuel-producing fossil in a fossil fuel-producer’s futbol series.

— U.S. Men’s National Team tied England 0-0 in yesterday’s Group B match. We’re supposed to be amazed by this. Should we be? I don’t know; I thought the U.S. had a better team but what do I know being a failed soccer mom (failed meaning my youngest played soccer but didn’t enjoy it enough to stay with OR I didn’t nag them enough to stay with it).

— So far World Cup hasn’t crashed the bird app — so far.

~ ~ ~

I don’t really understand Mixed Martial Arts (MMA) let alone the appeal.

Isn’t this just a use-whatever-works-to-bash-your-opponents, a kind of free-for-all ball-free contact sport?

Whatever it is, apparently women can do it, too, and this week’s big women in MMA match saw an undefeated fighter brought down for the first time in the four years the Professional Fighters’ League has been in existence.

Former judo Olympian Kayla Harrison lost to Laura Pacheco in a unanimous decision. This was the third time the pair have met with Harrison coming out on top the first two times.

I wonder how much Harrison’s insta-family has affected her training along with the pandemic having cut into the PFL’s schedule. Harrison’s stepfather died suddenly in 2020 leaving behind an 8-year-old and a 2-year-old, for both of whom Harrison took custody. It’s a lot to add to a person’s plate.

~ ~ ~

Okay, that’s enough from me. There’s roughly nine minutes left in The Big Game and the teams are fairly well matched. The score now is 31-20 with Michigan leading; I wouldn’t bet against Ohio coming from behind.

Tell us what other sportsing you’re watching this weekend.

What Family Rifts at Funerals can Teach Us About Pardoning Presidents

Exhibit A of Step Two Behavior

Watching the coverage of the death of Elizabeth II, two questions seem to be on a constant loop. The first is political: “How will Charles change the monarchy?” The second is personal: “Will the funeral heal the rift between Harry and William/Charles/the rest of the family?” The discussions that follow, between television anchors, reporters, and “royal watchers” have provided me with great amusement. “Oh look: Charles said something nice about Harry and Meghan in his first broadcast after the Queen’s death! Perhaps all is well again!!” The wishfulness of the discussion — “Surely the funeral of their beloved mother/grandmother will bring the family together, and they can heal from the past unpleasantness” — says much more about the hopes that these media folks have and much less about the reality of how a family torn apart acts as a family funeral approaches.

As a pastor for more than three decades, I’ve never done a royal funeral, but I’ve done plenty of regular funerals, including those of matriarchs who had presided over a divided family. Most of the time, what I’ve seen is that either (a) the family members manage to sit on their frustrations with one another for a week or so as the funeral goes forward, and then they return to their earlier fighting, or (b) the funeral intensifies the fighting, as they argue about the decisions made around the funeral itself. Occasionally, the funeral does help to begin a healing process, as folks who have not seen “those monsters” in years are now in the same room for the first time again, and they realize that these other folks aren’t the monsters they have seen them to be in the past. It doesn’t happen five minutes after the burial, but with a willingness to work on both sides, healing is possible. But it sure isn’t the magic “If only Harry and William can sit next to each other at the funeral, everything will be fixed!” that so many commentators are looking for.

Which brings me to the other crazy question I’ve seen popping up more and more often between anchors, reporters, and political pundits. This is the question posed by Chuck Todd that NBC chose to highlight as they tease the Meet The Press interview with VP Kamala Harris that airs in full tomorrow:

Let me try to go to 60,000 feet. What do you say to the argument that it would be too divisive to the country to prosecute a former president?

Earth to Chuck Todd, and anyone else who asks this question: the country *is* deeply divided already.

Giving Trump a pass to “avoid division” is like that scenario (a) at the family funeral, except you are betting that everyone can sit on their frustrations not for a week but forever. Turning the question around — “Would it be too divisive to the country to give a former president a pass for illegal behavior?” — ought to make it clear how silly both questions are.

Step One in dealing with divisions — either at a family funeral or in national politics — is admitting your family/nation is already divided.

As an interim pastor, I work with congregations whose previous pastor has left. Maybe that pastor retired, died, took a new call elsewhere, or was run out of town on a rail. One of the things I often have to help the congregation deal with is conflict, either between the old pastor and the members, or between the members themselves. Whenever I hear “Yes, we had divisions, but now that the old pastor is gone, everything is just fine now” I have to figure out how get them to pull their heads out of the sand. “What’s going to happen when you disagree with your next pastor?” I ask them, knowing that for the immediate future, I am that next pastor. “What do you have to say to the folks around here who loved that old pastor and blame you for running that pastor off?”

Within the House of Windsor, simply coming up with the right seating chart at the funeral for Elizabeth will not wash away the pain that led the Duke and Duchess of Sussex to withdraw from royal duties and decamp to the US. Similarly, pardoning Trump, either by choosing not to prosecute or by an act of President Biden, will not heal the nation either.

What *will* help both the House of Windsor and the United States is to admit that divisions already exist.

Step Two in dealing with divisions, then, is to explore that divided reality. What, specifically, does that painful divided reality look like? What are the presenting issues, that anyone can see at the surface? What are the underlying issues, that lie deeper down, at the heart of the trouble? What are the triggers, that bring all that buried pain out into the open again? How is everyone being hurt by these divisions?

Looking at all that is not easy. It requires a willingness to dig into a painful past, to admit to past bad behavior (your own as well as that of others), and to accept just how bad things have gotten for everyone involved. Until you do that, all you are doing is papering over division and pretending things aren’t that bad.

In the US, the arguments about race and the causes of the Civil War are a perfect illustration of this. So long as a non-trivial part of the country denies that the Civil War was about slavery (“it was the war of Northern Aggression, fought over state’s rights”), our country will never be able to fully deal with how race continues to divide our country today. If you don’t think racism divides our country today, please go back to step one and try again.

Only when the divided congregation or family or nation has done the hard work of examining its own ugly past are they ready to move to Step Three.

Step Three is to look at what you’d like the future to be. What would a healthy House of Windsor look like? How would members treat one another, in ways that are different than what caused the fractures in the past? What would a healthy United States of America look like? How would those with different political views treat one another, in ways that are different from what caused the fractures in the past?

Step Four, then, is to figure out how to get to that future. That’s a conversation about rules, roles, and responsibilities, with unstated assumptions put out in the open and mixed expectations clarified. It’s about crafting behavior that rebuild trust, dignity, and belonging for everyone involved.

The big lesson in all of this is that THERE IS NO SHORTCUT.

You can’t just jump to step four, without doing all the work of the other three steps. You can try, but you’re just sticking your fingers in your ears and singing “La la la – I can’t hear you.” You don’t need to take my word for this. Just look at the House of Windsor.

When the Duke and Duchess of Sussex announced they were leaving their royal roles behind, that was Step One behavior. “Our family is painfully divided.” No more smiling masks, no more pretending all is well, and no more trying to ignore the pain.

When they sat down for their interview with Oprah, that was Step Two behavior. “Here’s what happened, at least from our point of view.”

Ever since then, the royal family had various private conversations to sort things out further, including such things as whether Harry and Meghan would be part of the Platinum Jubilee celebration last summer. (The answers at that time were that they were included in small family gatherings, but not the big public ones.) Now they are having similar conversations around the Queen’s funeral and the coming coronation ceremony that will follow in a few months. This is all Step Three and Step Four behavior.

To the extent that things are getting better for the House of Windsor, it’s because they’ve been working hard at Steps One through Three, not that they simply came together magically at a funeral and jumped to Step Four.

The US political press and political actors could learn a lot from the House of Windsor. Those who worry about prosecuting a past president need to recognize that this doesn’t cause division, but is a step along the way to healing – part of the hard work of Step Two that explores the divided reality in all its painful, ugly depth. The work of the January 6 Committee in the House of Representatives is Step Two behavior, and so is the work of the DOJ to investigate possible criminal behavior of the former president and his minions.

Until we as a nation are willing to honestly look at our ugly reality, we will never heal.

 

Derrick Bell’s Parable Of Afrolantica

Introduction And Posts In This Series

Chapter 3 of Derrick Bell’s Faces At The Bottom Of The Well tells the parable of Afrolantica. Out in the Atlantic Ocean a new continent suddenly begins to emerge from the water 900 miles off the coast of South Carolina. Months later when it emerges from the boiling waters and steam that surrounded its birth, it is revealed as a land mass the size of the New England States, with mountains, forests, rivers, and meadows; with plants, animals, fish; and with a whole lot of gold and silver. Nations vie for control, but the US gets a head start and tries to put people there. They are immediately sickened by a strange heavy air pressure which they cannot breathe.

It turns out that only American Black people, and not even Black people from other nations, could breathe the air just fine. A group of Black explorers reported:

… they needed neither their space suits nor special breathing equipment. In fact, the party felt exhilarated and euphoric—feelings they explained upon their reluctant return … as unlike any alcohol- or drug-induced sensations of escape. Rather, it was an invigorating experience of heightened self-esteem, of liberation, of waking up. All four agreed that, while exploring what the media were now referring to as “Afrolantica,” they felt free.

Black people begin to think of Afrolantica as the Promised Land. One minister likened it to the story of the Israelites in the land of Egypt. The Israelites, emancipated from Egyptian slavery, wandered in the wilderness for 40 years. Black people lived this for hundreds of years. He urged Black people to emigrate to this Promised Land.

The arguments began. Some Black people, Remainers, argued that life in the US wasn’t as bad as the Israelite had it in their 40 years. They said Black people of today were better off than their parents and grandparents. This is our land, they said, and we don’t want to leave.

A pro-emigration group introduced a bill in Congress to give each emigrant $20K to cover expenses and start-up costs, to be repaid if the emigrant returned within 10 years. Opponents attacked it as unconstitutional because it created a race-based benefit without showing a compelling state interest as a justification.

The Remainers argued that things were definitely getting better and it would be dumb to leave just as the dream of equality was in sight. The pro-emigration people, Leavers, pointed out that the dream always favored white people, and was always hedged for Black people.

Each side quoted historical authorities. Leavers cited Abraham Lincoln who backed resettlement of freed Blacks throughout his life. Remainers cited Frederick Douglas who asserted that Black people belonged in America as much as any other immigrant.

Non-Black Americans were troubled by these events. Some saw the new confidence and pride of Blacks as arrogance or “uppity”. Racists were furious. Others were merely envious. Conservatives feared the possibility of another Cuba, a rallying point for third-world peoples who might identify more with Afrolanticans than US capitalists backed by US military and political pressure. The US government worked to undermine the Leavers, seeing them as a threat to world stability. Agents of the government tried to find Black leaders or academics to back up their conspiracy theories about this invented plot, but none were willing to sign on, which was surprising.

Meanwhile, Black people organized to leave. Even Blacks who didn’t want to go supported this movement with money and services. That frightened many white people. Governments and corporations set up barriers. Visas were denied. Threats were made of loss of citizenship. The right to return even to visit relatives. Criminal charges and civil litigation followed.

Black people banded together to fight off these attacks. A large flotilla left on July 4, in search of Black Independence.

But. As they neared Afrolantica, the mists rose, and the island began to sink back into the Atlantic. They watched it disappear. They realized they were not feeling grief or despair, but a deep satisfaction in having accomplished so much together. They spoke of the words of Frederick Douglass:

“We are Americans. We are not aliens. We are a component part of the nation. We have no disposition to renounce our nationality.”

This spirit inspired a huge number of Black people to renewed efforts to achieve their place in their America.

Discussion

1. The image of the pressure Black people feel in America just trying to live their lives, and the freedom they felt in Afrolantica is striking. It’s reflected in the coverage of the confirmation hearings for Judge Ketanji Brown Jackson. The hearings featured the New Racist Stylings of the Republican Party. Ted Cruz brought in posters of a baby playing with blocks to illustrate something he didn’t like about Critical Race Theory, and asked Judge Jackson whether babies are racists. Elie Mystal explains what happened next:

Jackson started to answer. She said, “Senator.” And then she sighed. And then she paused. For a long time. As the silence filled the room, I felt like I could see Jackson make the same calculation nearly every Black person and ancestor has made at some point while living in the New World. It’s the calculation enslaved people made before trying to escape to freedom, or activists made before sitting down at the white lunch counter. But it’s also the calculation a woman makes before responding to the e-mail of the failson who was just promoted ahead of her, or the calculation I make when a white executive comments on my Twitter feed but not my published columns. It’s the calculation when black people try to decide: “Am I gonna risk it all for this?”

This is what Jeneé Osterheldt, writing for the Boston Globe, saw:

Black women are familiar with the weight of white supremacy even when it cloaks itself in a polite veneer.

The GOP repeatedly has said Jackson’s Supreme Court confirmation hearings are to be fair and respectful. They tell her how “intelligent” and “articulate” she is, affirming how proud Jackson should be as they look for ways to lay pressure on her in hopes of making her chin reach her neck in shame.

Black people in, say. Kenya don’t feel the pressure Mystal and Osterheldt describe, pressure not mentioned in other coverage. That’s just for American Black people.

2. As with any parable, we have to ignore the parts that don’t match up well with reality. (Do not get me started on the Parable of the Prodigal Son.) Bell ignores the practical difficulties of living in a land with no electricity or other form of power, the problems of capitalism generally and many others not central to his concerns. We should ignore them too if we want to learn anything useful.

Taking the parable at face value, we see one of Bell’s central concerns. He believes that racism is so deeply entrenched in US society that it can not be eradicated. Black people will only make progress by working together. As I noted in my introduction to this series, he believe that the effort has to be the goal, it has to be its own satisfaction and justification.

3. As with any good parable, there are layers of meaning, and different lessons for different people. We might ask White people how they would react to the situation. I’m not at all sure how I’d react.

My first thought was that it would be great for the people who wanted to go, and I’d be delighted to help. Then I thought that I’d feel terrible that so many Black people would want to go. I’d take it too personally, as them saying I have failed to treat them right, even if #NotAllWhitePeople. But that gets really complicated. It isn’t just my fault, and I don’t know what I personally could or should have done differently. How do we even allocate fault in the situations we are born into, and only escape with the help of others? Communities of every nationality and race in our country are dysfunctional. I would gladly support any plausible effort to fix them as best I can, but I have no ideas about what to do.

Maybe Bell is asking us to think about how we get people to work together to solve common problems. Isn’t that what’s supposed to happen in a real Democracy?

Introduction and Index To Faces At The Bottom Of The Well

Derrick Bell was the father of Critical Race Theory. Here’s a helpful overview of his intellectual life by Jelani Cobb. Faces At The Bottom Of The Well is not a book about CRT. It’s a group of essays and short stories fleshing out Bell’s view that racism is so deeply ingrained in the fabric of the lives of white people that ending it is a hopeless project. [Not all white people.] This is the foundation for his work on CRT.

In the Preface he talks about the challenge of writing about racism without leading people to despair. It might be an explanation of his own difficulties in trying to understand and solve what he sees as an intractable problem. He cites Paulo Freire saying

Freedom is acquired by conquest, not by gift. It must be pursued constantly and responsibly. Freedom is not an ideal located outside of . . . [the individual]; nor is it an idea which becomes myth. It is rather the indispensable condition for the quest for human completion.

I confess that for me this kind of quote usually just flies by, sure, sure, move on. It’s that last part that got to me. This isn’t just encouragement for activists. It’s a justification for freedom, by which I mean the kinds of freedom described by Elizabeth Anderson, negative freedom, positive freedom and civic freedom. Bell, an intellectual academic with a long list of scholarly wprks, and a legal activist with a long record, says that he cannot be complete as a human being without freedom.

And it hit me that I can’t either. I’m an old straight well-off white man. I have this freedom, and it’s the foundation for my own sense of myself as a whole person. I know this because lately I’ve frequently felt that my freedom is under attack by a sickening cabal of right-wing and religious fanatics, many of whom are violent. Thinking about it makes me feel off-balance, ill-at-ease, slightly nauseous, to the point where I’m not always able to work at my own projects. I can’t imagine living a whole life like that, as Bell and every Black person in this country does.

Bell quotes Albert Camus for the proposition that we must keep going in the face of certain defeat. Bell’s quote reminds me of one of my formative books, The Myth Of Sisyphus. Sisyphus is condemned by Zeus to roll a rock up a mountain and watch it fall to the bottom again and again for all eternity. Camus ends his essay with this:

The struggle itself toward the heights is enough to fill a man’s heart. One must imagine Sisyphus happy.

Bell quotes Franz Fanon and Martin Luther King for similar views. This should shame those smarmy Republicans who yammer about color blindness and vote to disenfranchise Black voters (but it won’t):

[King] said those adversaries expected him to harden into a grim and desperate man. But: “They fail, however, to perceive the sense of affirmation generated by the challenge of embracing struggle and surmounting obstacles.

It isn’t just intellectuals who feel this way. Bell tells of Mrs. Biona MacDonald, one of the people he worked with on a desegregation case in Harmony, MS, near the Mississippi Delta, back in the 1960s. He asked how she and the other organizers worked on despite

… intimidation that included blacks losing their jobs, the local banks trying to foreclose on the mortgages of those active in the civil rights movement, and shots fired through their windows late at night.

Mrs. MacDonald looked at me and said slowly, seriously, “I can’t speak for everyone, but as for me, I am an old woman. I lives to harass white folks.”

Bell tells us Mrs. MacDonald doesn’t think or even hope she and her colleagues will win. It’s her resistance that counts.

The nine chapters in this book each talk about racism and resistance. Most read like extended law school exam questions, where the way you discuss your answer is more important as the actual answer. This makes them excellent teaching vehicles, and this book is widely taught in colleges and law schools.

I’m going to start with Chapter 2. In Chapter 1, Bell explains why he doesn’t think laws are much help in fixing racism. It’s brutal read for this old lawyer who truly believed that a decent society would emerge if we just had good laws.

One of Bell’s gifts is his ability to make these issues personal, and not just for Black people. I’m still profoundly angry that the protests against the Viet Nam War failed. Hundreds of thousands died while US elites performed their dance of destruction and then ran away to riches with no shame, no accountability. I can’t say that my small participation in anti-war activities generates the feelings Bell describes, or reduces the anger.

It makes me think about the Black activists of my generation, the people of SNCC, the Black Panthers, the Selma marchers, the men and women at the lunch counters, the sanitation workers of Memphis, and others. I wonder how they feel contemplating their youthful hopes, their goals, their actions, and then remembering the physical beatings, the taunts, radists screaming at their kids, and the government and media attacks on them as people and as groups. Do they feel like Mrs. MacDonald, or Camus or King or Fanon or Bell say: proud that they acted? Did their actions make them whole, and give them strength to last a lifetime? I hope so.

We’re So Not Through Here

This is emptywheel, where we have frequently posted work contrary to conventional wisdom, or dissented from political leadership with indifference to party.

Each contributor here has their own voice though we’re sometimes confused for each other.

Today is one of those days when you will see a wide gap between emptywheel contributors.

Specifically, I do not personally subscribe at all to Quinn Norton’s belief that the Union is done.

I have written before, however, on numerous occasions, that the United States has not lived up to its ideals.

The concept of this union was flawed from the beginning, having launched as it did with a concession to slaveowners. That original sin dogs this nation to this day; slavery still exists in the form of a carceral state which is heavily weighted against minorities.

The concept of this union was also predicated upon the occupation of lands belonging to pre-existing nations. I’m a product of one of those occupied nations, whose people were nearly wiped out by disease and greed white American occupiers brought to their land.

But I am also an example of what happens when disparate people come together under a singular proposition: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the Pursuit of happiness.”

I am the product of people from Nordic and middle European countries, the product of trips around the Pacific and East Asia. All my forebears came here because they perceived a freedom to pursue lives and opportunity they did not have in their home nation-states.

They found an appeal in this premise worth risking their persons as well as their fortune, meager as it was: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

My forebears stayed in spite of being erased in a number of ways — like the records of my French-Canadian family members’ existence in Michigan being repeatedly obscured or deleted by majority English- and German-speaking occupants, or my Asian family losing its true name when recorded by customs, and then stranded by the Chinese Exclusion Act. Or my Hawaiian family losing the right to its own land because whites deposed its monarchy and seized the islands, in addition to spreading deadly disease.

In spite of being marginalized then and now, my forebears and family made a comfortable life and felt it was their honor, privilege, and duty to contribute to these United States. Among my family members is a Medal of Honor winner — a second generation American who served in the Navy until he retired. My father and brother both served in the armed forces as well.

This isn’t an easy country. If you don’t speak English and especially if you’re not white, it can really demand a steep price. Try taking the citizenship test.

Witness the harassment Ilhan Omar has faced for her race, ethnic heritage, and religion, in spite of the First and Fourteenth Amendments, yet she continues to serve her constituents as their representatives in our democratic republic system of government.

It’s because of the price many Americans have faced to become and remain Americans that I’m put out at Norton’s “the Union is done” essay.

I don’t think she truly has a clue what it’s taken for a sizable percentage of this country to hold this union together, such as it is. She may have faced misogyny but really, in which countries does misogyny not exist?

She can play with sentiment and co-opt others’ pain in her argument that the Union is done, but she hasn’t faced the existential threat one’s skin can pose in a land founded by slaveowners and their sympathizers.

She has the unacknowledged privilege of associating with people who’d rather see people like my family dead, and yet she thinks she can declare “the Union is done.”

Take a hard look at what the Black Americans of this country have been doing since voting began last month as a commitment to form a more perfect Union. Ask them if the Union is done.

Take a hard look at what Native Americans have had to do — forced to change their lifestyle, assigning addresses to places which to them are simply Home — in order to vote, otherwise invalidated and erased if they don’t. Ask them, too, if the Union is done.

And take note of the naturalized immigrants who are worried they and their kin will be harassed by ICE and potentially incarcerated or deported while trying to vote simply because they aren’t white and have come to this country too recently. Ask them if the Union to which they emigrated, many as refugees, is done.

My Chinese family members weren’t permitted to emigrate here or own land until 1943, when it suddenly became convenient to have China side with the U.S. against Japan. I tell you this Union is not done, from the house I own under a hyphenated Chinese name.

I’ve pointed to the words of former escaped slave Frederick Douglass before, with regard to the shortcomings of this nation:

… Allow me to say, in conclusion, notwithstanding the dark picture I have this day presented of the state of the nation, I do not despair of this country. There are forces in operation, which must inevitably work the downfall of slavery. “The arm of the Lord is not shortened,” and the doom of slavery is certain. I, therefore, leave off where I began, with hope. …

The work is slow, so often grinding. It is like farming on a’a and pahoehoe lava, which my family knows well. The biases which are foundational to the problems this country faces are older than this country. We are kidding ourselves if they won’t take at least a half-life to fully end, during which time the demographics of this country will force change. Look at what has transpired, the push and pull in the dozen-plus years this site has tackled the nature of security in an open society.

But this union is by no means done and over. It’s there in the lines we have seen in the streets for weeks, snaking out the doors of polling places across this country. It’s in the cars lined up in a drive-through campaign rally, queued hopefully, trustingly in a drive-through foodbank.

It was there in the streets after George Floyd was murdered.

From goose quill pen’s first ink on parchment 244 years ago, this union has always been aspirational, a nation in a state of becoming, a people who must occasionally check themselves and listen to their better angels.

From the speech before a battlefield of nearly 50,000 American dead 157 years ago, we re-consecrated ourselves,

that these dead shall not have died in vain—that this nation, under God, shall have a new birth of freedom—and that government of the people, by the people, for the people, shall not perish from the earth.

The union is not over. The dream still lives, its work goes on; we will not yield.

It’s simply time once again to rededicate ourselves to forming a more perfect union.

We can begin this day of all days by exercising and protecting our right to vote.

And the Good Troublemaking Goes On

A Surge of Power” sculpture of Jen Reid in Bristol, UK, commemorating her stand with raised fist in place of a toppled statue of a British slave trader
[h/t Sam Saunders, Attribution-ShareAlike 2.0 Generic (CC BY-SA 2.0)]

I went to bed in tears last night.

They weren’t tears of pain or shock or outrage. They were the tears that college presidents cry at the retirement of the last of the teachers and professors who helped make them who they are. The tears sports figures cry at the death of the last player on their favorite great championship team. The tears you cry when the last of your grandparents “goes home.” They’re the tears of grief at the loss you’ve suffered, and the tears that say “It’s your turn now.” You have to tell the stories you learned at their knees, as you go on to make a difference in the lives of others as they made a difference in your life.

I’m still in tears this morning, because I’ve got lots of stories to tell. (That’s a hint, folks, that this might be a tad lengthy. But don’t let that deter you from reading. They’re good stories.)

As I noted in January after John Lewis announced that he had stage 4 cancer, John Lewis was not always old. He was young when he started making “good trouble” as one of the co-founders of SNCC, one of the first Freedom Riders, and one of the lead marchers on the Edmund Pettis Bridge on March 7, 1965. As the best storyteller at the Root, Michael Harriot, spelled out in a Twitter thread, this was a march with a purpose:

The Selma to Montgomery march wasn’t a symbolic demonstration. It wasn’t even an original idea. See, black ppl all over Ala. were attacked when they tried to register to vote. So local organizers would get large groups of people to march to their respective courthouses.

That’s how those marches started. They weren’t protesting. They were GOING TO REGISTER. And they figured: “If we’re in a group, they can’t beat us all.” But y’all know white people. They will definitely try their best. I think they call it “American exceptionalism.”

They were headed to Montgomery to confront the governor in person and demand their right to vote when Bloody Sunday happened. But here’s the part about the Selma to Montgomery marches most people are never told: It was NOT nonviolent.

Let me spell it out: the Civil Rights movement led by Martin Luther King Jr, John Lewis, and others, was only non-violent from the perspective of the how those in the movement acted. On Bloody Sunday, Lewis and his fellow marchers may have acted non-violently, but Sheriff Clark and his fellow police most certainly did not.

It’s hard to type that without noticing the other big story in today’s news cycle, which puts the coverage of John Lewis’ life alongside this:

“What is happening now in Portland should concern everyone in the United States,” said Jann Carson, the interim executive director of the American Civil Liberties Union of Oregon. “Usually when we see people in unmarked cars forcibly grab someone off the street, we call it kidnapping. The actions of the militarized federal officers are flat-out unconstitutional and will not go unanswered.”

The American Civil Liberties Union Foundation of Oregon on Friday also sued the Department of Homeland Security and the Marshal’s Service for “indiscriminately using tear gas, rubber bullets and acoustic weapons.”

One demonstrator, Mark Pettibone, 29, said agents who were in camouflage but lacked any insignia forced him into an unmarked van and did not tell him why he was being arrested. Deploying agents without any identification violates the protocols of police departments across the United States.

Mark Morgan, the acting secretary of Customs and Border Protection, said the agents did display signs that they were federal agents but withheld their names for their own safety.

You know what would keep these federal agents safe? Staying out of Portland in the first place. From the Oregonian, here’s more of the news from Portland:

During a news conference Friday with Police Chief Chuck Lovell, [Portland Mayor Ted] Wheeler said the city has no oversight authority on federal officers during downtown demonstrations. He reiterated that Portland officials didn’t ask for federal officers to be deployed and said local officers can end any violence that occurs on the streets without federal help.

“Mr. President, we see right through you,” Wheeler said. “So do us a favor: Keep your troops in your own buildings or have them leave our city.”

[snip]

U.S. District Judge Michael Simon on Friday granted the oregnization’s [sic] request to add the U.S. Department of Homeland Security and the U.S. Marshals Service to a temporary restraining order preventing police from dispersing, arresting or targeting journalists or legal observers at protests.

Meanwhile, the president and Homeland Security Acting Secretary Chad Wolf have blamed state and city leaders for not doing enough to end violence that occurs during protests in Portland and in recent days have doubled down on their plans to keep federal officers on Portland streets.

[snip]

Lovell said although the police bureau’s main headquarters are sandwiched between the Mark O. Hatfield federal courthouse and the Edith Green-Wendell Wyatt Federal Building, Portland police and federal officers have operated separately. He did say both jurisdictions do communicate with one another and know when the other engages in some form of action during demonstrations.

Lovell and Wheeler said they didn’t meet with Wolf while he was in Portland, but the police chief later said police union president Officer Daryl Turner did.

Of course he did. It seems police union leaders are following the lead of Catholic bishops like Boston’s former Cardinal Bernard Law, who would rather cover up violent abuse by officials in their organizations than address the actual problem itself.

James Gardner Clark, Jr. may be dead, but his spirit carries on. Unfortunately for Sheriff Clark, so does John Lewis’, and it’s a helluva lot stronger.

Now-Senator Doug Jones (D-Alabama) was the local prosecutor in 2002 (!) who finally convicted the last of the Klan members who bombed the 16th Street Baptist Church in 1963 (!!!), killing 14-year-old Addie Mae Collins, Cynthia Wesley and Carole Robertson and 11-year-old Denise McNair in the basement of the church as they awaited the start of worship. Doug Jones is not dead, and he’s still making good trouble.

[Note to Alabamans: If you want to make some good trouble yourself, voting to keep Doug Jones in the US Senate in November’s election would be a very good way to do it.]

But let’s get local. Last month here in metro Kansas City, students at a local school district made a bunch of school board members, administrators, and teachers in their school district very nervous as they responded to a simple call in a single tweet, put out because of some tone-deaf statements made by those same board members at the BLM protests in the wake of George Floyd’s murder in Minnesota:

Maryam Khalil @maryamkhaliki01 Jun 4

Okay LSR7 let’s talk about the racism, xenophobia, Islamophobia, classism, homophobia, sexism and blantant [sic] prejudice etc we have experienced. I’ll start. #OurstruggleLSR7 (use this hashtag)

She did, and her classmates responded. They said out loud what they had experienced, and forced school and community leaders to admit to the reality of racism in their midst, and its impact on the student they claim to value so much. Even more powerfully, students in other local districts in the area picked up on the hashtag and started their own, to tell the stories of their own districts.

Some teachers and administrators reacted defensively, and others were noticeably silent. But then there were those who were not only shocked, but glad to be shocked so that change might happen. All across metro Kansas City, young people forced adults to own their actions, or more critically, their inactions, by telling stories like these (from the KC Star):

In Lee’s Summit, more than 100 students, teachers and residents gathered for a rally at the administration building, saying they were “fed up” with as lack of response to complaints of racism, sexism, homophobia and xenophobia.

The chanting quieted as Yonny Astatke, a 2019 graduate, shared the racism and fear he faced during his days in the district.

He was a sophomore at Lee’s Summit High School when he posted his political viewpoints on social media. Another student replied with a threat of violence: “Black Knives Matter.”

“I was terrified,” he told the crowd. He reported the incident to school leaders. “They made me shake his hand. They made me shake the hand of the person who threatened violence toward me,” he yelled through a megaphone. “I complied because I was afraid. I am vehemently frustrated with our school district.”

[snip]

In Blue Springs this month, students created the hashtag #BlackatBSSD on Twitter and posted about their experiences: Many have been called the N-word. One said a white classmate told him he wouldn’t mind dating a Black girl but wouldn’t marry one.

“That is why we are taking action,” a Blue Springs statement said. “We are reviewing and changing policies, addressing teachers with violations, creating an anti-racism campaign and so much more.”

[snip]

The Black Student Union at Blue Valley Northwest High School in Overland Park, organized a demonstration last week as well. Parents and students said they faced discrimination in the district, or pointed to a lawsuit filed last year in which a Black student said she was told that her skin was “too dark” to perform with the school dance team. She sued the district for racial discrimination. The dance team’s coach, Carley Fine, was fired.

[snip]

“They don’t feel seen,” [Shawnee Mission school psychologist Brandi] Newry said. “They don’t feel respected. There are Black children in a building where there is no one, no one, who looks like them. It just about makes me cry.”

These kids made good trouble last month, just by recounting what they had had to deal with. They made lots and lots of good trouble. [Edited to add: These kids also did more than just talk. They put together a list of changes they want the district to make in terms of teachers, administrators, and curriculum, and submitted these to the school board at the same meeting the first African American was seated as a member of the school board.]

I wonder what lies ahead for these students. What will the reactions be when they come back to school (in person or virtually) and have to deal with these teachers and administrators again? What will they do as they go to college or enter the workforce, and face racism in other settings?

And which one of them will end up making good trouble as a member of Congress?

Rest in peace, my brother John — your good troublemaking goes on.

Trump’s America: Racism, Imperious Police and CNN Under Arrest in Minneapolis

There is a surreal situation going down in Minneapolis. The CNN crew covering it was literally arrested on live air. Not all of them understand you, just the reporter, Oscar Jimenez, that was a minority, the white correspondent a few feet away was, of course, not. The stormtroopers, and, yes that is exactly what they look and are acting like, were totally polite to the white guy.

And then they arrested the CNN camera guy documenting the bizarre arrest of the correspondent. While doing so, the camera was on the ground, still live, documenting it all for posterity. You could then see the camera being dragged off by a state trooper, still on and broadcasting. As I said, surreal.

When last seen the CNN camera was still on and broadcasting from a black space that appears to be the trunk of a police car. I guess the camera, though hostage to thugs, at least is alive and does not have a knee on its neck.

As they say, the situation is developing…..

Wait, there is an update! The camera is now in an elevator, and still live!

Oh, and what could have fomented all this? Yeah, The American President:

Three Things: Racist Redirects as GOP Clings to Its Brand

[Check the byline, thanks!/~Rayne]

No news on the family front with regard to COVID-19 — at least with my family. No news is good news here.

I feel so very sorry for the New Jersey family which lost three of its family members * to COVID-19 this week. It was a blessing to the matriarch she didn’t know she lost her two oldest children; the heartbreak on top of the virus would have been torture beyond human ken.

None of this had to happen, either. Not a lick of it.

And it’s really only just beginning.

~ 3 ~

Let’s get this out of the way: Donald Trump is a racist jerk. He can’t read anything but inch-high print prepared for his ease; he had to go out of his way to make absolutely certain that he referred to COVID-19 as “Chinese.”

This is wholly intentional, deliberate as hell.

The fact COVID-19 emerged from China to become pandemic was sheer dumb luck. Spare us the racist bullshit talking down about eating unfamiliar animals and wet markets.

For Christ’s sake people here in the U.S. eat road kill and celebrate those animals with a festival.

They eat organ meats, blood sausages from across their many ethnic heritages, and they do odd-looking things with products made of proteins extracted from cartilage.

Americans and all the cultures from which they emerged have their own relationships with animals which have spawned biological crises over millennia. Just read Jared Diamond’s Guns, Germs and Steel.

It was simply a crap shoot this pandemic originated in China and not from a hantavirus in the American Southwest, or a flavivirus from South America or Africa. Chances are good we may yet see another emergent threat like a virulent Zika as the climate continues to warm.

Americans don’t have room to criticize. Their president being a racist moron to China about a crappy draw of luck is just plain stupid.

So is his and his party’s escalation of tension with the other largest economy in the world which both owns a lot of our debt. It’s incredibly shortsighted to bash the country which has been incredibly generous with research data based on their harrowing national experience with COVID-19.

I can’t begin to imagine how bad off the U.S. and other countries fighting COVID-19 would be if China hadn’t shared genomic and epidemiological data with the world.

We would not only be as far behind as we are because this administration felt winning re-election was more important than doing its job. We would have had to do much of the genomic and epidemiological research ourselves, on the fly, while our country’s health was in meltdown.

One need only look at how little research material has been published by other countries during this epidemic for comparison. They, too, have relied on China’s research.

Or look at how we continue to rely on China to do human testing – likely cutting corners on human experimentation ethics – just so Americans can obtain the benefit of a successful drug therapy while an American company reaps benefits.

No one of Asian ethnicity and heritage should have to put up with the hate unleashed by that slack-assed racist in the White House and the team of inept and bigoted enablers who are propping him up.

We may have legitimate concerns with China about supply chain integrity and intellectual property theft, but it’s on the U.S. that this is an issue to begin with. Outsourcing so much of what should be critical infrastructure is our own fault.

And failing to act in a responsible timely manner to a pandemic threat is solely that of the racist scumbag at the podium.

~ 2 ~

Speaking of failing to respond to pandemic threat…

If Senator Richard Burr knew by February 13 — when he sold $1.6 million worth of stock — that COVID-19 posed a potential national emergency, who else did and did nothing?

By “did nothing” I mean the way Burr lied to our faces and said, “the United States today is better prepared than ever before to face emerging public health threats, like the coronavirus,” a day before he voted to acquit Trump and six days before he sold his stock.

Think back to the earliest time you heard about the viral illness in China. Do remember when you first heard or read about it?

I do. I had just read about two high-profile deaths from pneumonia in middle and late December. A Chinese actress died, noted in Chinese media. She wasn’t known well to the U.S. so no mention here had been made. Only days later, right around Christmas, a young ESPN anchor also died of an odd pneumonia. This time there was news in the U.S. about his passing.

A week later on New Year’s Eve there was a report in English-language Chinese media about an odd cluster of pneumonia-like illness in Wuhan, China. My awareness of pneumonia had been heightened by the two high-profile deaths so close together.

If I could see a cluster of pneumonia in China by New Year’s Day, you know somebody within the U.S. intelligence community saw it even earlier.

We know now that the Senate Intelligence Committee chair had been briefed, based on a recording made of a meeting Burr had with large-ticket donors. Who else holding elected or appointed office were also briefed by intelligence and then refused to do the right thing to protect the American public?

Now you know why there’s been a full court press from the White House through the GOP congressional caucus to the right-wing media and punditry pushing racist invective against China about the pandemic.

It’s to distract and redirect the public’s attention away from the GOP’s wholesale betrayal of the American public and its allies while COVID-19 ramped up into a pandemic.

By the middle of summer thousands, perhaps tens of thousands of American lives will be lost because Richard Burr and others as yet unnamed helped Donald Trump fuck us over for their own venal aims.

Trump and the GOP had absolutely no intention of doing anything about COVID-19, which explains why Trump has only mentioned but still not used the Defense Production Act to ensure health care workers have adequate personal protection equipment. Crafters across the country are sewing homemade masks of irregular specifications right now to make up the shortfall while health care workers scavenge hardware supplies for mashed-up PPE.

Can’t help wonder how much PPE that $1.6 million would buy.

Or how much the profits from Sen. Kelly Loeffler’s stock sale would buy, or Sen. James Inhofe’s or Sen. Ron Johnson’s stock sale profits. (Sen. Dianne Feinstein’s household also recently liquidated stock but her press secretary said it was in a blind trust with the rest of her assets.)

Loeffler’s financial moves are egregious not only because of profit taking on inside information not shared with the public and then lying directly to the public on camera about the country’s condition. She then acquired stock in a business specializing in remote work, and her spouse is the chairman and CEO of the New York Stock Exchange. There’s absolutely NO excuse for not having her assets in a blind trust to avoid the appearance of a conflict of interest, particularly because of her spouse’s role. But I guess when you’re worth half a billion dollars you just don’t give a shit about annoying little details like ethics.

~ 1 ~

In previous posts I’ve discussed the different drugs being studied as potential therapies for COVID-19. This is an extremely important point which must be emphasized: all drugs, whether antivirals or monoclonal antibodies or anti-inflammatory meds are subjects of study. Some are being used off-label as last ditch efforts.

By off-label I mean they are NOT approved by the Food and Drug Administration as safe and effective for treatment of COVID-19 infections.

We are relying on off-label medications applied by doctors in desperate conditions in China and Italy on patients who are in dire shape to tell us about their effectiveness. We are literally relying on human experimentation without a consistent ethical framework

Yesterday’s presser with Trump was a disaster not only because of his racist bullshit aimed at China, but because he fucked up and discussed off-label drug therapies. He should have left that all together to the Center for Disease Control and the Food and Drug Administration.

His half-assed, poorly-framed remarks about an anti-malarial drug set off a run on black market chloroquine in Nigeria. The drug had been removed from the Nigerian market more than a decade ago because of the risks it poses to patients. It’s quite likely people will die because of misplaced trust in Trump’s words about this drug.

Two antivirals, lopinavir and ritonavir, used as a cocktail in a study in China failed to perform as needed against COVID-19. A study announcing these unfortunate results was published just Wednesday in  the New England Journal of Medicine. (Yet another example of Chinese researchers providing a benefit to the U.S. and the world, I’ll point out. Can only wonder what happened to the subjects of the test.)

And another antiviral discussed here before, remdesivir, is still under study, and still poses an unexamined conflict of interest for at least one person in the Trump administration.

The media did not catch how bad Trump’s remarks on drugs were — that hack Chris Cillizza offers an example, failing to mention the gross and dangerous errors about these medications in his list of fail.

Trump’s words and deeds, likely the output of his inept team including his son-in-law Jared Kushner and his pet Nazi Stephen Miller, are going to kill more people here and abroad on top of COVID-19. Given Miller’s history with this administration, this may be the desired result.

~ 0 ~

* I started writing this post Thursday mid-day. Before I finished it a fourth family member died.

Meanwhile, in neighboring New York, Gov. Cuomo doesn’t want a “shelter in place” order because it sounds too much like nuclear war and might scare people.

New York City is a COVID-19 hot spot rapidly become an American Wuhan cell. More people are likely to die there of COVID-19 than died during 9/11, and we changed our society dramatically out of fear of another such event. New Yorkers and the rest of the U.S. whose banking is centered in NYC need more than Cuomo’s personal concerns about a turn of phrase.

But as I said earlier, none of this had to happen, either. Not a lick of it. It makes the ongoing daily failures even more ridiculous because most are unforced errors. Much of the daily fail could be so easily stopped if Trump just shut up and left handling COVID-19 to ethical professionals.

This is an open thread.

History’s Rhyme, Part 5: Bad Faith, Unauthorized Acts and Crimes Against Humanity

[NB: Check the byline, thanks! /~Rayne]

It’s time to revisit the ongoing comparison of Nixon’s Articles of Impeachment with possible Articles against Donald Trump. Previous posts in this series:

History’s Rhyme: Nixon’s Articles of Impeachment — focus on Obstruction of Justice

History’s Rhyme, Part 2a: ‘Abuse of Power’ Sounds So Familiar — Abuse of Power (may include Public Corruption)

History’s Rhyme, Part 3: How Nixon’s Impeachment Unfolded — Watergate and Nixon’s near-impeachment timeline

History’s Rhyme, Part 4: Contempt Then, Contempt Now — focus on comparing charges of Contempt of Congress between Nixon and Trump.

An expansion of Part 2 into 2b addressing more abuses of power is planned in the near future. Trump continues to rack them up.

As noted in previous posts in this series, the House Judiciary Committee prepared five Articles of Impeachment against Richard M. Nixon during the course of its impeachment inquiry. Only three of the five were passed out of committee and approved by Congress. We all know Nixon resigned before the House could vote on the three approved articles.

The fourth article which was not approved pertained to Nixon’s Operation Menu — the covert bombing of Cambodia. Congress, which has the sole power to declare war, had not expressly approved this in its 1964 Gulf of Tonkin resolution. The bombings went unreported for four years and contributed to the destabilization of Cambodia.

A fundamental problem with this Article was that Congress bore some of the blame for the bombing; the Gulf of Tonkin resolution was written in such a way that it didn’t expressly preclude bombing of neighboring nations along the border with Vietnam. The resolution also did not constitute a declaration of war against North Vietnam, authorizing instead the use of military force to meet its obligations under the Southeast Asia Collective Defense Treaty. The legality of the military action in Vietnam was on thin ground, making action on any neighboring country even more questionable.

~ ~ ~

It’s not impossible this very same challenges will form the basis for another Article of Impeachment against Trump should he pursue military action against Iran without adequate approval from Congress.

But we already have seen Trump take action without Congressional approval and without the support of existing legislation behind him, beginning with his first week in office. His Executive Order 13769 to begin a Muslim travel ban was illegal; he persisted in pushing a ban focusing on Muslims with subsequent Executive Order 13780 and Presidential Proclamation 9645 until his Departments of Justice and Homeland Security arrived at restrictions which met the letter of existing law according to a now-stacked and partisan Supreme Court after several lawsuits. This is not a faithful execution of the law — 8 U.S. Code § 1158.Asylum — it’s whack-a-mole with innocent humans as collateral damage for no constructive reason or benefit to this country.

The sole benefit of the persecution of asylum seekers has been to curry favor with Trump’s voting base with campaign promises to stop them — and that’s corrupt.

When acting Attorney General Sally Yates announced the Department of Justice would not enforce the Muslim travel ban three days after Trump signed Executive Order 13769, she explained that the ban was not lawful. Trump rejected this opinion and fired her instead of relying on her expert opinion. He had to be told repeatedly by federal judges his executive order was not enforceable because it was unlawful.

People were detained unlawfully. People were unable to travel freely. The primary reason for their restriction was their religious identity — a violation of the First Amendment and its protections of religious freedom. It was a fundamental human rights violation under the Universal Declaration of Human Rights to which the U.S. is a signatory.

Trump’s introduction of a “zero tolerance” policy implemented during the first months of his term in office has also denied freedom of movement to persons seeking asylum at the border. The policy’s implementation resulted in systematic crimes against humanity including enslavement; deportation; imprisonment; torture; sexual assault including rape; persecutions on political, racial and religious grounds; other inhumane acts.

None of this was authorized by Congress; none of this is in 8 U.S. Code § 1158. These acts also violate numerous U.S. laws as well as treaties. While there is not currently a treaty on crimes against humanity, Trump’s bad faith execution of U.S. law and existing treaties like the Convention Relating to the Status of Refugees and the U.N. Convention Against Torture spell out many of these crimes.

Again, Congress did not authorize acts like:

— separating children from parents or guardians;

— holding children in cages;

— trafficking separated children into unauthorized adoptions without parental or guardian consent;

— deportation of minors without parent or guardian;

— failure to track minors so they can be reunited with parents and/or guardians;

— failing to provide reasonable care including adequate food and water, bedding, hygiene, heat and cooling, health care;

— transporting detained persons without notification to parents, guardians, family members;

— refoulement – deporting asylum seekers back to the place they fled;

— forced labor.

Nothing in U.S. law or treaties to which the U.S. has been a party or signatory authorizes this kind of treatment.

Further, Trump’s bad faith execution exacerbates a long-term problem with Immigration and Customs Enforcement (ICE) — too many U.S. citizens have been denied their rights, stopped, interrogated, detained, and treated like aliens simply because they were not white.

Trump also systematically defies a court order issued in June 2018 prohibiting further separations of minors from their families at the border and instructing the Department of Homeland security to return minors to their families. The Trump administration weaseled around the court order, detaining entire families at military facilities — new concentration camps — while DHS continued to separate families on an irregular basis.

We’ve seen evidence of this systematic lawlessness based on inspections by Congressional tours of detention facilities — concentration camps in which asylum seeking minors were denied reasonable “safe and sanitary” conditions.

The number of illnesses and deaths attributable to Trump’s “zero tolerance” policy may never be fully known because the administration has done so much to avoid monitoring and oversight.

~ ~ ~

Other deaths which can be wholly attributed to Trump’s bad faith in executing his office are those of 2,975 Americans who lived in Puerto Rico (pdf) when Hurricane Maria hit the island in 2017.

He had to be shamed into dispatching a U.S. Navy hospital ship to provide emergency health care even though the vessel had been waiting well in advance of the hurricane’s strike. It took nearly six weeks after it was dispatched for the vessel to berth and begin delivering care, though the Navy knew in advance of the hurricane that Puerto Rico might need medical support.

The manner in which the emergency aid was provided to the island was grossly negligent when not outright malignant — like the bottles of water left to sit on a tarmac for a year after the storm, or the recall of the hospital vessel U.S.S. Comfort long before its services were no longer needed, or the lack of effort on the White House’s part to work with Congress to assure aid money would be allocated and distributed in a timely basis.

Puerto Ricans were denied their right to equal protection under the law; they were not accorded the same access to federal aid as mainland citizens, in contrast to the assistance received by other Americans after Hurricane Harvey, Irma, and Michael in 2017-2018.

And none of this had the imprimatur of Congress.

~ ~ ~

Unlike Nixon’s Operation Menu which only lasted 14 months, Trump’s derogation of Congress’s authority through his bad faith execution of laws is now into its 33 month. His malign acts increase in depth and breadth, now including the wretched refusal of Bahamians fleeing their hurricane devastated country, continued separation of families including Bahamian children.

And now an even more evil effort has begun: Trump wants to round up homeless people regardless of their citizenship and house them in unused Federal Aviation Administration facilities (read: place them in concentration camps).

There are homeless who work in Silicon Valley, homeless only because there isn’t affordable housing. Will he stop at them? Is he doing this to line his pockets in some way or as a campaign promise not shared with the public?

How has his effort combined with that of his cabinet secretary Ben Carson done anything to improve access to affordable housing when they are undermining civil rights protections for marginalized groups?

None of this effort targeting California’s homeless has been adequately debated by Congress let alone codified by law.

Will Congress do nothing at all to stop this creeping and inhuman fascism, these sustained attacks on human rights of citizens and non-citizens alike?

The 93rd Congress may not have passed the fourth Article of Impeachment against Nixon, but at least they understood and grasped the executive could and must be removed with the three articles they passed. It’d be nice if the 116th Congress was less supine.