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What 2009 Taught Me About 2010

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How To Make Good Use Of A Bad Year And A Bad Decade

It seems appropriate that 2009 would be a terrible year, to top off a terrible decade. Eight years of George W. Bush & Co. ensured much of the first decade of the twenty-first century would be terrible, but I don’t think many foresaw just how bad it was going to get  – and that’s lesson number one.

We pay our leaders in large part, not to “predict” the future, but to see the potential pitfalls and to steer us clear from them. And yet, time and again our leaders croaked, “No one could have predicted…”

At the start of this year, commenting on an interview former Vice President Cheney gave, Jon Perr in “Cheney Defends the “Nobody Could’ve Predicted” President,” summed Bush & Co. up nicely:

“Cheney deflected blame for the calamity on Wall Street and the deepening recession by declaring, “nobody anywhere was smart enough to figure that out” and “I don’t know that anybody did.” Then, Cheney magically converted failure into a virtue and ignorance into a shield in explaining away the Bush presidency:

“No, obviously, I wouldn’t have predicted that. On the other hand I wouldn’t have predicted 9/11, the global war on terror, the need to simultaneous run military operations in Afghanistan and Iraq or the near collapse of the financial system on a global basis, not just the U.S.”

At every turn, of course, voices both inside and outside the government warned a Bush administration asleep at the switch.”

Yes, many had warned Bush all along the way of what could happen. But he ignored them all, and the world in which we live today is the result of his ignorance and denial.

As I said, we pay our leaders to see the potential pitfalls and to steer us clear from them. The trick is in finding the right leaders, leaders who have enough wisdom and insight to look into the future and steer the ship of state through the right waters – not necessarily the calmest – but the right waters.

As a community, we haven’t done a very good job of this. The LGBTQ community is about as diverse and fractured as any group out there today. As a result, we suffer infighting, lack of an agreed common purpose – heck, we can’t even agree on what to call ourselves, much less what our priorities are. Leadership? That’s a far-off dream. What we need right now, more than anything, is a uniter – someone who can harness the best of who we are and enable us to meet to achieve some shared goals.

We don’t have that in HRC, the Task Force, the ACLU, or even our grassroots organizations. As much as the National Equality March in D.C. literally brought together thousands of people from our community, it was equally in effective in pushing members of our community apart.

And so 2009, despite our wins, was also a year of great loss. We won marriage in Iowa, New Hampshire, Vermont, Maine, and just recently, Washington, D.C. And we lost marriage in California (Prop 8 supreme court decision,) Maine (repeal of marriage law,) New York (38-24 Senate vote,) New Jersey (decision to not vote.) By my count, that’s five wins and four losses. As much as it feels like at least we had a stellar year in marriage, we really didn’t.

Did we at least win hearts and minds? Well, it feels like we did, a little, but the numbers say, not really. And, certainly, not enough.

However you slice it, we still have a lot of work to do to win hearts and minds – and that’s lesson number three.

Elsewhere, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act finally was signed into law. Sadly, just two weeks later, the murder and decapitation of a Puerto Rican teenager, whose Governor refused to label a hate crime demonstrated clearly the need for the law.

Passage of ENDA, the Employee Non-Discrimination Act, along with repeal of DOMA (the Defense of Marriage Act) and the repeal of “Don’t Ask, Don’t Tell,” appear stalled. Nancy Pelosi has declared there will be no “controversial” legislation taken up by the Houise in 2010, so seeing these pillars of modern gay rights goals stalled is at best, disheartening.

The Democratic Party is not our friend. Not by my definition of what a friend is. At best, we can call the Democratic Party a “fair-weather friend” – there when they need us, not there when we need them. And right now, we need them and they’re not answering the phone.

This is lesson number three – know who our friends are, and reward them appropriately.

Obviously, lesson number four is the opposite: know who our enemies are. Let’s just call them Maggie & Co. The National Organization for Marriage (NOM,) along with those hate icons (that blogger Joe.My.God lets you vote for the worst!) like Matt Barber and Peter LaBarbera, along with Tony Perkins. And so many more. Like the C Street crowd. And Rick Warren.

The point here is we need to stand vigilant and ready to counter all their lies, hate, and misinformation. This is critical, and I have dedicated myself to this task. I hope you’ll join me this coming year in confronting their attacks.

So, what did 2009 teach us for 2010?

  • Look to the past while protecting the future. There will be many more attacks against us and the narrow victories we have achieved. We need to never say, “No one could have predicted.” Someone always predicts. We need to listen and be ready to take action.
  • Choose the right leaders and work toward uniting along common goals and issues.
  • Keep fighting to win hearts and minds – regardless of how hard it gets.
  • Identify and support our true friends.
  • Identify, stay vigilant, and battle our enemies to protect our rights, our reputation, and our future.

Stay safe, have a Happy New Year, prepare, prepare, prepare.

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News

‘Assassination of Political Rivals as an Official Act’: AOC Warns Take Trump ‘Seriously’

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April 25, 2024

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Democratic U.S. Rep. Alexandria Ocasio-Cortez is responding to Thursday’s U.S. Supreme Court hearing on Donald Trump’s claim he has “absolute immunity” from criminal prosecution because he was a U.S. president, and she delivered a strong warning in response.

Trump’s attorney argued before the nation’s highest court that the ex-president could have ordered the assassination of a political rival and not face criminal prosecution unless he was first impeached by the House of Representatives and then convicted by the Senate.

But even then, Trump attorney John Sauer argued, if assassinating his political rival were done as an “official act,” he would be automatically immune from all prosecution.

Justice Sonia Sotomayor, presenting the hypothetical, expressed, “there are some things that are so fundamentally evil that they have to be protected against.”

RELATED: Justices’ Views on Trump Immunity Stun Experts: ‘Watching the Constitution Be Rewritten’

“If the president decides that his rival is a corrupt person, and he orders the military, or orders someone to assassinate him, is that within his official acts for which he can get immunity?” she asked.

“It would depend on the hypothetical, but we can see that could well be an official act,” Trump attorney Sauer quickly replied.

Sauer later claimed that if a president ordered the U.S. military to wage a coup, he could also be immune from prosecution, again, if it were an “official act.”

The Atlantic’s Tom Nichols, a retired U.S. Naval War College professor and an expert on Russia, nuclear weapons, and national security affairs, was quick to poke a large hole in that hypothetical.

“If the president suspends the Senate, you can’t prosecute him because it’s not an official act until the Senate impeaches …. Uh oh,” he declared.

RELATED: Justices Slam Trump Lawyer: ‘Why Is It the President Would Not Be Required to Follow the Law?’

U.S. Rep. Alexandria Ocasio-Cortez blasted the Trump team.

“The assassination of political rivals as an official act,” the New York Democrat wrote.

“Understand what the Trump team is arguing for here. Take it seriously and at face value,” she said, issuing a warning: “This is not a game.”

Marc Elias, who has been an attorney to top Democrats and the Democratic National Committee, remarked, “I am in shock that a lawyer stood in the U.S Supreme Court and said that a president could assassinate his political opponent and it would be immune as ‘an official act.’ I am in despair that several Justices seemed to think this answer made perfect sense.”

CNN legal analyst Norm Eisen, a former U.S. Ambassador and White House Special Counsel for Ethics and Government Reform under President Barack Obama, boiled it down: “Trump is seeking dictatorial powers.”

Watch the video above or at this link.

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Justices’ Views on Trump Immunity Stun Experts: ‘Watching the Constitution Be Rewritten’

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April 25, 2024

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Legal experts appeared somewhat pleased during the first half of the Supreme Court’s historic hearing on Donald Trump’s claim he has “absolute immunity” from criminal prosecution because he was the President of the United States, as the justice appeared unwilling to accept that claim, but were stunned later when the right-wing justices questioned the U.S. Dept. of Justice’s attorney. Many experts are suggesting the ex-president may have won at least a part of the day, and some are expressing concern about the future of American democracy.

“Former President Trump seems likely to win at least a partial victory from the Supreme Court in his effort to avoid prosecution for his role in Jan. 6,” Axios reports. “A definitive ruling against Trump — a clear rejection of his theory of immunity that would allow his Jan. 6 trial to promptly resume — seemed to be the least likely outcome.”

The most likely outcome “might be for the high court to punt, perhaps kicking the case back to lower courts for more nuanced hearings. That would still be a victory for Trump, who has sought first and foremost to delay a trial in the Jan. 6 case until after Inauguration Day in 2025.”

Slate’s Mark Joseph Stern, who covers the courts and the law, noted: “This did NOT go very well [for Special Counsel] Jack Smith’s team. Thomas, Alito, and Kavanaugh think Trump’s Jan. 6 prosecution is unconstitutional. Maybe Gorsuch too. Roberts is skeptical of the charges. Barrett is more amenable to Smith but still wants some immunity.”

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Civil rights attorney and Tufts University professor Matthew Segal, responding to Stern’s remarks, commented: “If this is true, and if Trump becomes president again, there is likely no limit to the harm he’d be willing to cause — to the country, and to specific individuals — under the aegis of this immunity.”

Noted foreign policy, national security and political affairs analyst and commentator David Rothkopf observed: “Feels like the court is leaning toward creating new immunity protections for a president. It’s amazing. We’re watching the Constitution be rewritten in front of our eyes in real time.”

“Frog in boiling water alert,” warned Ian Bassin, a former Associate White House Counsel under President Barack Obama. “Who could have imagined 8 years ago that in the Trump era the Supreme Court would be considering whether a president should be above the law for assassinating opponents or ordering a military coup and that *at least* four justices might agree.”

NYU professor of law Melissa Murray responded to Bassin: “We are normalizing authoritarianism.”

Trump’s attorney, John Sauer, argued before the Supreme Court justices that if Trump had a political rival assassinated, he could only be prosecuted if he had first been impeach by the U.S. House of Representatives then convicted by the U.S. Senate.

During oral arguments Thursday, MSNBC host Chris Hayes commented on social media, “Something that drives me a little insane, I’ll admit, is that Trump’s OWN LAWYERS at his impeachment told the Senators to vote not to convict him BECAUSE he could be prosecuted if it came to that. Now they’re arguing that the only way he could be prosecuted is if they convicted.”

READ MORE: Biden Campaign Hammers Trump Over Infamous COVID Comment

Attorney and former FBI agent Asha Rangappa warned, “It’s worth highlighting that Trump’s lawyers are setting up another argument for a second Trump presidency: Criminal laws don’t apply to the President unless they specifically say so…this lays the groundwork for saying (in the future) he can’t be impeached for conduct he can’t be prosecuted for.”

But NYU and Harvard professor of law Ryan Goodman shared a different perspective.

“Due to Trump attorney’s concessions in Supreme Court oral argument, there’s now a very clear path for DOJ’s case to go forward. It’d be a travesty for Justices to delay matters further. Justice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.”

NYU professor of history Ruth Ben-Ghiat, an expert scholar on authoritarians, fascism, and democracy concluded, “Folks, whatever the Court does, having this case heard and the idea of having immunity for a military coup taken seriously by being debated is a big victory in the information war that MAGA and allies wage alongside legal battles. Authoritarians specialize in normalizing extreme ideas and and involves giving them a respected platform.”

The Nation’s justice correspondent Elie Mystal offered up a prediction: “Court doesn’t come back till May 9th which will be a decision day. But I think they won’t decide *this* case until July 3rd for max delay. And that decision will be 5-4 to remand the case back to DC, for additional delay.”

Watch the video above or at this link.

READ MORE: ‘Doesn’t Care if Pregnant Women Live or Die’: Alito Slammed Over Emergency Abortion Remarks

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Justices Slam Trump Lawyer: ‘Why Is It the President Would Not Be Required to Follow the Law?’

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11 hours ago

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April 25, 2024

By

Justices on the U.S. Supreme Court hearing Donald Trump’s claim of absolute immunity early on appeared at best skeptical, were able to get his attorney to admit personal criminal acts can be prosecuted, appeared to skewer his argument a president must be impeached and convicted before he can be criminally prosecuted, and peppered him with questions exposing what some experts see is the apparent weakness of his case.

Legal experts appeared to believe, based on the Justices’ questions and statements, Trump will lose his claim of absolute presidential immunity, and may remand the case back to the lower court that already ruled against him, but these observations came during Justices’ questioning of Trump attorney John Sauer, and before they questioned the U.S. Dept. of Justice’s Michael Dreeben.

“I can say with reasonable confidence that if you’re arguing a case in the Supreme Court of the United States and Justices Alito and Sotomayor are tag-teaming you, you are going to lose,” noted attorney George Conway, who has argued a case before the nation’s highest court and obtained a unanimous decision.

But some are also warning that the justices will delay so Special Counsel Jack Smith’s prosecution of Trump will not take place before the November election.

READ MORE: ‘To Do God Knows What’: Local Elections Official Reads Lara Trump the Riot Act

“This argument still has a ways to go,” observed UCLA professor of law Rick Hasen, one of the top election law scholars in the county. “But it is easy to see the Court (1) siding against Trump on the merits but (2) in a way that requires further proceedings that easily push this case past the election (to a point where Trump could end this prosecution if elected).”

The Economist’s Supreme Court reporter Steven Mazie appeared to agree: “So, big picture: the (already slim) chances of Jack Smith actually getting his 2020 election-subversion case in front of a jury before the 2024 election are dwindling before our eyes.”

One of the most stunning lines of questioning came from Justice Ketanji Brown Jackson, who said, “If someone with those kinds of powers, the most powerful person in the world with the greatest amount of authority, could go into Office knowing that there would be no potential penalty for committing crimes. I’m trying to understand what the disincentive is, from turning the Oval Office into, you know, the seat of criminal activity in this country.”

READ MORE: ‘Doesn’t Care if Pregnant Women Live or Die’: Alito Slammed Over Emergency Abortion Remarks

She also warned, “If the potential for criminal liability is taken off the table, wouldn’t there be a significant risk that future presidents would be emboldened to commit crimes with abandon while they’re in office? It’s right now the fact that we’re having this debate because, OLC [Office of Legal Counsel] has said that presidents might be prosecuted. Presidents, from the beginning of time have understood that that’s a possibility. That might be what has kept this office from turning into the kind of crime center that I’m envisioning, but once we say, ‘no criminal liability, Mr. President, you can do whatever you want,’ I’m worried that we would have a worse problem than the problem of the president feeling constrained to follow the law while he’s in office.”

“Why is it as a matter of theory,” Justice Jackson said, “and I’m hoping you can sort of zoom way out here, that the president would not be required to follow the law when he is performing his official acts?”

“So,” she added later, “I guess I don’t understand why Congress in every criminal statute would have to say and the President is included. I thought that was the sort of background understanding that if they’re enacting a generally applicable criminal statute, it applies to the President just like everyone else.”

Another critical moment came when Justice Elena Kagan asked, “If a president sells nuclear secrets to a foreign adversary, is that immune?”

Professor of law Jennifer Taub observed, “This is truly a remarkable moment. A former U.S. president is at his criminal trial in New York, while at the same time the U.S. Supreme Court is hearing his lawyer’s argument that he should be immune from prosecution in an entirely different federal criminal case.”

Watch the videos above or at this link.

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