Most of the time I write pointed articles focused on specific topics. Every so often there are so many things to comment on that make it hard to choose a specific subject. This is one of those times when I will address a few issues that may or may not deal with public affairs and may even have a comment or two about baseball.
The Trump Trial
The first criminal trial of a former American president is over. Donald J Trump, 45th President and likely Republican nominee for president in 2024, has been fou guilty of 34 felonies in the Manhattan Supreme Court.
This is the first criminal conviction of a former president in American history. It is also the first criminal trial of a major party candidate for the presidency. Whether we like him or not (with me decidedly in the “not” column), this is a momentous historical event.
And as one talking head said, 34 down with 54 to go. Trump still faces criminal felony charges in three different jurisdictions.
It’s amazing how low we’ve sunk. In 1972, the Democratic Party nominee for vice president, Thomas Eagleton, was forced to withdraw from the campaign after it was disclosed that he received electroshock treatments for bouts of depression years earlier.
Fifty-two years later, we are poised to elect the most narcissistic, sociopathic, immoral, corrupt, incompetent, anti democratic authoritarian candidate to the presidency in our history. This is a man who has been found liable for two counts of defamation and found guilty of committing civil fraud. This is a man caught on tape admitting to sexually assaulting women. A man who was in a yearlong extramarital “relationship” with a Playboy model. A man who has a sexual liaison with a porn star while his wife was home tending to his newborn son.
Be assured that this is the short list of his numerous shortcomings. And in spite of his widely publicized transgressions, both political and personal, a large number of our fellow citizens are poised to elect this human manifestation of a garden slug to the presidency.
How low we’ve sunk.
The Lemming March
The cacophony from the usual collection of sycophantic lemmings was almost deafening. Senator John Cornyn cried that the the verdict was disgraceful. His senate colleague Mike Lee derisively congratulated “progressives” for ensuring Trump’s election. The second raking Republican Senator, John Thune, stated that Trump’s prosecution was “politically motivated.”
The person second in line to the presidency, Speaker of the House Mike Johnson, said the verdict was “shameful.” House majority leader Steve Scalise claimed that the verdict showed that Justice isn’t blind.
All the above, save Thune and Scalise, are attorneys. One House member who is thankfully not an attorney, Marjorie Taylor Green, posted an inverted American Flag on “X” the hellscape formerly known as the prior hellscape Twitter.
I could have recounted the caterwauling of Byron Donalds, Tim Scott, Elise Stefanik, and the whole host of lemmings dutifully crawling behind Trump on the way to the sea. But for the sake of my mental health, I won’t.
Since the verdict was rendered and the obligatory rage resulted, all I could think of were the immortal words of Chicago newspaper columnist (over his career he wrote for three Chicago newspapers and was nationally syndicated) Mike Royko.
On the day after the 1980 election, he congratulated America for having elected the dumbest man ever to run for the presidency. Taking democrats who were raging against the outcome, who were grinding their teeth, clutching their pearls, wringing their hands, and otherwise screaching about the existential unfairness of life, he offered these words:
“Only suckers beef”
What Royko was saying, in his own inimical Chicago fashion, was that the 1980 presidential election was fair. The outcome was incontestable. The democrat lost. It’s ok to be disappointed, upset, even a bit angry. But the process worked even if it spit out the dumbest man ever to run for the presidency (up to that time). Get up, get to work, and get ‘em next time. Only suckers beef.
As it was in the election of 1980, so it is with the Trump verdict in 2024.
The Rule of Law
At the state and federal levels, the idea of the rule of law has been challenged as never before. In large measure, systemically, the rule of law has held. Contrary to the assertions by the crybabies cited above, the process resulting in the conviction of Donald Trump was normal, regular order as it were.
The prosecution marshaled its evidence and shared it with the defense team. The judge was about as straight down the middle as possible, not favoring one side over the other. The jurors were attentive to the presentations made by both sides. There were no cameras or live streams capturing the proceedings, thus eliminating the possibility of a serious proceeding being transformed into a spectacle.
Defendant Trump received courtesies that other defendants could only dream of. He got away with openly alleging that the prosecutor and the judge were political hacks controlled by the Biden administration. The judge was accused of bias due to a $15 contribution made to the 2020 Biden campaign. Defendant Trump went after the judge’s daughter for her work with democratic groups.
On a daily basis, Defendant Trump was able to assert these biases about 10 feet outside the courtroom door. Not the courthouse door, the courtroom door. When’s the last time something so bizarre occurred in any court anywhere?
Let’s be clear. A grand jury found probable cause that Donald Trump committed business records fraud to advance a separate illegal act. He was informed of the charges against him, and he entered his plea of not guilty. His attorneys participated in the selection of the jurors, one of whom stated that they went to Trump’s Truth Social to obtain their news.
The defense was able to cross examine the prosecution’s witnesses. The defense was entitled to mount a vigorous defense, which they declined to do. The defendant was entitled to testify in his own defense, which he (wisely) declined to do. Defendant Trump’s attorneys were able to file all relevant motions, note their objections on the record, and now can file an appeal on the defendant’s behalf.
Defendant Trump will be subject to the same sentencing process as anyone else. The Probation and Parole Department will write a Sentencing Recommendation and submit it to the judge – as is normal.
The Department will conduct extensive interviews with Trump, his family, and those with whom he associated over the years. The Department will examine his legal history, especially his recent and current cases, adjudicated and pending. And they’ll be looking for evidence of accepting responsibility and contrition.
The Department will make its written recommendations to the judge who is free to accept, modify, or discard entirely. Each count subjects the convicted felon to incarceration for four years. If run consecutively, that’s 136 years. Given his age, public position, and the fact that he is a first-time offender of low-level felony, I believe he won’t see 136 seconds in the slams.
Flag Day
I personally cannot wait until June 14th to see what will fly over the Alito home. I hope there will be video of Martha-Ann as she grips the chords with calloused hands to raise their flag in salute of Flag Day 2024.
Based on what Sammy said, Martha-Ann’s “love” of flags is so boundless that it’ll be exciting to see what flag she’ll pick. Will it be the time-honored stars and strips raised right side up? Or will it be an inverted Stars and Stripes with a middle finger embroidered in the center?
Either way, because Martha-Ann has a legally protected right to fly any flag she chooses, Sam is powerless to interfere with her choice. It’s only Martha’s reproductive health care decisions over which he has authority.
Immunity
To me, this is the ballgame as pertains to Trump’s remaining legal woes. Aileen Cannon can deny and delay, the State of Georgia can investigate whether Fani Willis is able to prosecute The Donald, but immunity coming down in a matter of weeks if not days is the ballgame.
Yup, it’s up to those flag waiving, RV driving, beer guzzling, faux pious Justices to decide Trump’s fate. This will likely be a 6-3 opinion.
And if Alito authors the opinion, be afraid. Be very afraid.
For a moment, let’s put aside the fractured historical analysis of the Constitution’s support for whatever comes out. We can even put aside the fabricated history that will no doubt attend any opinion that Alito authors. We can even pretend that these Justices have a hot line to the public’s understanding of what the Constitution meant when it was originally ratified.
“Originalists” often speak so reverently of this “public understanding” that I think Doctor Who must transport them through time and space in the Tardis.
But no, as frightening as all that is, the most frightening is the Court’s attempt to fashion an immunity “rule.” The absurdity of any president being immune, under any circumstance, for his or her criminal acts is mind blowing! The rule of law either applies to all or to none. There is no constitutional of historic basis for Trump’s argument.
However, this Court will do whatever it wants. We’ve seen that in the past and will no doubt see it this month or in early July, when the Justices are out of town. That’s what happened with Dobbs and that likely will happen in this case.
And the “rule?” Who can say, only that it will have a lot of words sacrificed in crafting this word salad in service to a specious convoluted logic that will create more litigation than questions it answers.
Rule of Law – II
MEMO to MAGA: it’s the Rule of Law, not the Retribution of Law.
I noted above that the Trumpers, especially those who think they’re on Trump’s VP short list, are embracing the narrative that Trump’s criminal trial was rigged, that it was a scam, and that it was politically motivated.
Horse Hockey, or Bull Pucky if you prefer.
These attacks are not designed to merely provide support and comfort to “victim” Trump. They are designed to undermine the public’s confidence in our judicial system.
Once again, Donald Trump climbs on the cross and asks for more nails as he attempts to martyr himself for the rest of us. This is high theater, a performance for the rubes. As Christ was persecuted by Pilate, so has Trump been persecuted by the “Biden” Department of Justice.
Please, the absurdity of this comparison is obvious to anyone with an IQ above five.
Let’s take a peek at the “Biden” DOJ. Biden’s last living son, Hunter Biden, who was tried and convicted for charges brought by a Trump appointed United States Attorney, who Biden elevated to the status of Special Counsel.
The USA/SC spent five years conducting a deep dive into the alleged nefarious activities of Hunter Biden. After five years, he came up with one gun related crime (which according to criminal law experts is rarely prosecuted by itself) and some tax violations.
When he took office, did Biden discharge this USA? No, after a couple of years Biden elevated him to Special Counsel, thus giving him additional jurisdictional power.
Did Biden attack the Special Counsel, the judge or the jury? No, he has largely been silent on the matter other than to say that he loves and supports his son. Every day, instead of the “red tie” brigade that attended Trump’s trial, Hunter’s mother sat silently in court each day showing support for her son.
And after the trial, President Biden stated that he respected the jury’s verdict. He did not attack the judge, the prosecutors or the jury.
President Biden has unequivocally supported the trial system, respect for a jury’s verdict, and the need to adhere to the rule of law. And let’s not ignore that while the president’s son is being tried in a Delaware federal court, the “Biden” Department of Justice is prosecuting New Jersey Senator Robert Menendez for a series of criminal schemes. It is of no small consequence that Menendez is a democrat, a party that holds a two-vote majority in senate.
And in a post-conviction interview when asked whether Biden would pardon his son, he simply said “no.”
I have no clue what “Biden” Department of Justice Trump and his sycophants are talking about.
Baseball
At long last, with about one-third of the baseball season over, I feel compelled to write a little about America’s pastime. I am a fan of America’s team from Boston, so I know about suffering. Cellar dwellers in their division for the past two years, they fight hard this year to avoid the trifecta.
I have one friend who is a Mets fan. All I can say is never has so much money been spent for so many for so few positive results.
I also – and I’m a bit loathe to admit it – have friends who root for the “evil empire” pinstripers from New York, including a relative who never lets me forget his (absurd) allegiance to the empire.
What I really like is the game itself. It’s contemplative, it’s strategic, it is often tense in a close game, and it’s genuinely exciting when the home team scores.
And let’s not forget ballpark franks. One of the benefits of not drinking beer is that there’s more room for ballpark franks!
One of the aspects of any baseball game is that it takes time. Sometimes a lot of time. In an age where most of us expect immediate gratification, this is a reminder that in spite of recent “reforms” to the game, some things just can’t be rushed.
Baseball rewards patience. Sure, the games can go long, and the season can be a 162-game slog, but the payoff can be exhilarating. Or, greatly disappointing. Or, even if your team had a good year but still missed the playoffs, meh.
Baseball is proof that the journey can often be more important and enjoyable than the ultimate destination. Baseball is the perfect metaphor for life.
An old baseball saying goes “sometimes you win, sometimes you lose, and sometimes you get rained out.” Most of us had our wins, our losses, and sometimes we’re left asking “what happened to [fill in the object]?”
Boston great Ted Williams was the last .400 hitter. That was in 1941, 83 years ago. In other words, for every ten countable at bats, he got a hit four times. The remaining six, he failed.
(Gulp) Yankee great Joe DiMaggio holds the record for having gotten at least one hit in 56 consecutive games, also in 1941. Teams played 154 games in 1941, so what about those other 98 games?
Baseball “experts” often opine that neither record will be broken – ever. Maybe, maybe not but that doesn’t mean nobody tries. But if someone does break the record, will they be hailed as great players, or will they be viewed as not having failed as often as Williams and DiMaggio?
Baseball as metaphor for our lives shows us that we may succeed or fail, we can try to achieve greatness and fall short, that we’ll win some but lose more, and that when we lose we still have to go back on the field to play the next “game.”
It’s said that the most important attribute a professional athlete has is a short memory. For instance, a pitcher might give up a crushing home run, but he still has to pitch to the next batter. He hasn’t time to cry and moan about what the last batter did, he has to go after the next one.
When our individual “game” is done, the prudent among us will take some time to review what went well, what we need to work on, and get ready for the next “game.”
Finally, in this age of immediate gratification, baseball as metaphor teaches us that sometimes we may be involved in games of various durations. But we are always playing a long season where fortunes can rise or fall, and rarely is the outcome predictable and is often decided at the end.
We would do well to remember this long game as we confront the challenges confronting us, both personal and political.
Baseball as metaphor for life….
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