Bob Schwartz

Tag: Government

A 7-year-old girl dies in U.S. custody. The White House disclaims responsibility. The White House needs lessons in logic. And compassion.

When I was hungry you gave me to eat
When I was thirsty you gave me to drink
Whatever you do to the least, you do it to Me

Washington Post:

Trump administration not to blame for ‘tragic’ death of 7-year-old girl in Border Patrol custody, White House says

A White House spokesman on Friday called the death of a 7-year-old girl in Border Patrol custody a “tragic situation” but said the Trump administration is not to blame and called on Congress to “disincentivize” migrants from making long treks to the southern U.S. border.

U.S. Customs and Border Protection said Thursday that the girl from Guatemala died of dehydration and shock after she was taken into custody last week for crossing from Mexico into the United States illegally with her father and a large group of migrants along a remote span of New Mexico desert.

Asked by a reporter if the administration is “taking any responsibility for the girl’s death,” White House spokesman Hogan Gidley said: “Does the administration take responsibility for a parent taking a child on a trek through Mexico to get to this country? No.”

According to CBP records, the girl and her father were detained about 10 p.m. Dec. 6 south of Lordsburg, N.M., as part of a group of 163 people who approached U.S. agents to turn themselves in.

More than eight hours later, the child began having seizures, CBP records show. Emergency responders, who arrived soon after, measured her body temperature at 105.7 degrees. According to a statement from CBP, she “reportedly had not eaten or consumed water for several days.”

She died less than 24 hours after being transported by helicopter to a hospital in El Paso.

Here is the missing logic:

It is stipulated that the girl died in part from dehydration, also possibly from malnutrition.
It is stipulated by the U.S. CBP that she had not eaten or consumed water for several days.
The CPB had her in custody for eight hours before she showed symptoms.
During the eight hours she was in custody, she could have been given water and food, but apparently wasn’t.
Therefore, CPB could have done something to help prevent the death but didn’t, which indicates some responsibility.

As for the missing compassion, last night the White House held its grand Christmas Party. Maybe somehow, sometime, during the season, they will learn something. Miracles do happen.

Trump Predicts Revolt If He Is Removed. Are His Words Illegal?

King Louis XV: “Après nous, le deluge.”

Barely noted yesterday, or mostly ignored because we discount just about everything that Trump says, is this from his interview with Reuters, talking about the possibility of impeachment:

“I’m not concerned, no. I think that the people would revolt if that happened.”

A President of the United States just suggested—implicitly endorsed—the possibility of revolution in the event of his ouster. Had this happened at any other time in the past two centuries, bells would be going off as if the Republic was on fire.

In the first place, it is arguably illegal:

18 U.S. Code § 2385 – Advocating Overthrow of Government

Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government…

Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

Does his interview constitute advocating or advising the desirability of overthrowing government? As a matter of crime, it might be a stretch. As a matter of civic responsibility from America’s highest public office, it is farther over the line than almost anything else Trump has said—and that is saying something.

Second—and this is the real bell ringer—he is in some sense right. The form of revolt is uncertain, but it would likely be more than angry and vicious posts on social media. Even his vacating the office through resignation or by electoral defeat in 2020 might have a similar effect.

In America’s darkest historic hour before the Civil War, in an overheated political climate, some of the greatest statesmen in our history tried to keep the lid on a boiling pot. They failed.

We are nowhere near that. But among the roster of politicians, we don’t seem to have as many genuine statesmen as we had back then—or as we had just a few decades ago. And we’ve never had a president predicting—encouraging—revolt as the consequence of his absence.

Bob Woodward and Seth Meyers have criticized CNN for suing the White House over the pulling of Jim Acosta’s press credentials. With all due respect to Woodward, you’re wrong.

Noted legal scholar Seth Meyers

The White House pulled the press credentials of CNN journalist Jim Acosta because Trump doesn’t like his questions, his attitude or him. The First Amendment does not allow this. CNN has sued.

Bob Woodward, an extraordinary and legendary journalist who has made his indelible mark on American history, has criticized CNN for feeding Trump’s appetite for lawsuits. So has Seth Meyers, an amusing entertainer legendary for nothing.

Lawyers are not that special. But lawyers are a bit more sensitive than some others to how unopposed government assaults on constitutional rights tend to gather momentum, sliding down a slippery slope. Waiting only makes things worse.

So to Bob Woodward, who deserves infinite respect for all he has done and continues to do, in this case you are wrong. And to Seth Meyers, who is well rewarded for working within the protection of the First Amendment, please remember that the First Amendment needs protection too. It is the First Amendment that allows those who are funny and sometimes ill-informed to express themselves without government interference.

“A Republic, if you can keep it.”

Possibly the most famous and prophetic quote from the American Constitutional Convention is attributed to Benjamin Franklin. America was not just a new nation; it was a new kind of nation, so naturally people wondered just what kind of a nation it was to be:

As Benjamin Franklin left the Constitutional Convention, on September 18, 1787, a certain Mrs. Powel shouted out to him: “Well, doctor, what have we got?,” and Franklin responded: “A Republic, if you can keep it.”

America has voted, there will be a Democratic-led House, and it appears that the Republic, which has been under serious internal siege for the past two years, is a little closer to again being kept.

It is just one step toward having an effective check on a leader and a ruling party intent on subverting virtually all of the principles that Franklin and friends embodied in the new nation. But a step in the right direction it is.

Franklin and friends are cautiously relieved. They, more than any, know how hard this is. So they are smiling a little. And so are many Americans.

“That’s Pride F***in’ Wit Ya”: Rod Rosenstein Could Never Figure Out Whether to Follow Self-Interest, Duty or Conscience

All public servants in the Trump era—from Senators and cabinet members on down—have three possible paths to follow:

Follow your self-interest
Follow your duty, to job and to country
Follow your conscience

Many of the highest level people in the government have taken the easy path of least resistance and most gain, and have chosen self-interest, even as they try to disguise it as duty or conscience. But a number of people, many of whom finally left the government—voluntarily or not—have had to wrestle with these choices.

Whatever is happening to Rod Rosenstein, a good public servant, he never seemed to be able to figure out exactly how to be a good public servant in such strange times. He knew he owed a duty to his office and to his country, which meant a duty to his president, but that came in conflict with his conscience.

I have previously cited the movie Pulp Fiction on the question of expedience, and I repeat it here.

At this point in the movie bad boss Marsellus Wallace (Ving Rhames) is convincing aging boxer Butch Coolidge (Bruce Willis) to take a dive:

I think you’re gonna find ­ when all this shit is over and done ­ I think you’re gonna find yourself one smilin’ motherfucker. Thing is Butch, right now you got ability. But painful as it may be, ability don’t last. Now that’s a hard motherfuckin’ fact of life, but it’s a fact of life your ass is gonna hafta git realistic about. This business is filled to the brim with unrealistic motherfuckers who thought their ass aged like wine. Besides, even if you went all the way, what would you be? Feather-weight champion of the world. Who gives a shit? I doubt you can even get a credit card based on that.

Now the night of the fight, you may fell a slight sting, that’s pride fuckin’ wit ya. Fuck pride! Pride only hurts, it never helps. Fight through that shit. ‘Cause a year from now, when you’re kickin’ it in the Caribbean you’re gonna say, “Marsellus Wallace was right.”

Note: For those who haven’t seen Pulp Fiction (why not?), in the end Marsellus Wallace gets his, in the spirit of Quentin Tarantino’s sense of rough and uncertain justice.

Ray of Light: Trump’s Pardoning May Be Like a Slot Machine

The likelihood of any individual being pardoned by Trump will be affected by Trump’s craziness, unreliability and lack of loyalty. It will be like a slot machine. And that may be a good thing for justice and the rule of law.

Even though I have long accepted that Trump would try to pardon almost everyone who is charged or convicted in the course of the investigation, Paul Manafort’s plea agreement to cooperate raises an encouraging insight:

If you were one of the dozens of people who are getting caught in this net, facing possible years in prison, and Trump told you to your face—not just through an intermediary, not just through hints on Twitter—that you could expect a pardon, would you believe him and depend on him to keep his word?

Of course you wouldn’t believe him and depend on him to keep his word. Which means, just like Manafort, you have to hedge your bets. It is possible that if you agree to cooperate, Trump might still pardon you. On the other hand, if you agree to cooperate, Trump might go crazy and refuse to pardon you. And in the worst case, you might stonewall and take your punishment, but because of some crazy voices in Trump’s head, he might still refuse to pardon you. Who knows? With Trump it’s a roll of the dice, a spin of the slots. As a defendant, are you willing to bet ten or twenty years of your life on a Looney Tunes character? I bet not.

 

The Difficult Realities of Impeaching Trump

Yesterday was an encouraging day for those who hope to see the uncovering and dismantling of the corrupt and un-American Trump enterprise. Trump’s former campaign manager Paul Manafort was convicted; Trump’s former fixer Michael Cohen pled guilty and directly implicated Trump in his criminality. Even the likelihood that Manafort and others who haven’t turned on Trump will be pardoned doesn’t take away from the day’s significance.

This has raised hopes that Trump will be impeached if the Democrats are successful in the midterm elections. Which means—not wanting to burst the rare bright balloon of yesterday’s news—it is time for a reality check.

Let us say that the Democrats win a majority in both houses of Congress.

The impeachment process begins in the House, with hearings and a simple majority passing articles of impeachment. In a Democratic House, that should be no problem.

The trial for removal of a president then takes place in the Senate. If the Democrats do win a majority in the Senate, it will be a small majority at best. Let us say that they have a 53-47 majority. Conviction for impeachment requires a two-thirds majority, which is 67 votes. So 14 Republicans would have to vote to remove the president.

You may think that what we will have learned by then about Trump’s corrupt presidential conduct and fitness for office will finally move Republican Senators to agree to his removal. (As a matter of fact, if you privately asked Republican Senators today whether they would rather have Mike Pence in the White House immediately, the answer would be a unanimous yes.) But not a single thing we have seen indicates that any sitting Republican Senator—that is, those who are not leaving office—is willing to stand up to Trump. Why would we think that we can find 14 or so Republican Senators with the courage to remove him from office, no matter how egregious the evidence?

Okay, enough reality. I would like to be totally wrong about this. Let’s enjoy this moment of hope for American restoration.

To My Brothers and Sisters in the Law: Remember Professional Ethics in the Face of Tyranny

Some of my readers may be lawyers; certainly some colleagues, friends or members of their families are, so please pass this on if you would like. Many people involved in current immoral and unethical polices such as the forced separation of migrant children are also lawyers.

This is a brief chapter from On Tyranny: Twenty Lessons from the Twentieth Century (2017). Note that the Kindle edition of this essential book is only $3.99. It is the best and most conscientious $3.99 you can spend right now.


5. Remember Professional Ethics (emphases added)

When political leaders set a negative example, professional commitments to just practice become more important. It is hard to subvert a rule-of-law state without lawyers, or to hold show trials without judges. Authoritarians need obedient civil servants, and concentration camp directors seek businessmen interested in cheap labor.

Before the Second World War, a man named Hans Frank was Hitler’s personal lawyer. After Germany invaded Poland in 1939, Frank became the governor-general of occupied Poland, a German colony where millions of Jews and other Polish citizens were murdered. He once boasted that there were not enough trees to make the paper for posters that would be needed to announce all of the executions. Frank claimed that law was meant to serve the race, and so what seemed good for the race was therefore the law. With arguments like this, German lawyers could convince themselves that laws and rules were there to serve their projects of conquest and destruction, rather than to hinder them.

The man Hitler chose to oversee the annexation of Austria, Arthur Seyss-Inquart, was a lawyer who later ran the occupation of the Netherlands. Lawyers were vastly overrepresented among the commanders of the Einsatzgruppen, the special task forces who carried out the mass murder of Jews, Gypsies, Polish elites, communists, the handicapped, and others. German (and other) physicians took part in ghastly medical experiments in the concentration camps. Businessmen from I.G. Farben and other German firms exploited the labor of concentration camp inmates, Jews in ghettos, and prisoners of war. Civil servants, from ministers down to secretaries, oversaw and recorded it all.

If lawyers had followed the norm of no execution without trial, if doctors had accepted the rule of no surgery without consent, if businessmen had endorsed the prohibition of slavery, if bureaucrats had refused to handle paperwork involving murder, then the Nazi regime would have been much harder pressed to carry out the atrocities by which we remember it.

Professions can create forms of ethical conversation that are impossible between a lonely individual and a distant government. If members of professions think of themselves as groups with common interests, with norms and rules that oblige them at all times, then they can gain confidence and indeed a certain kind of power. Professional ethics must guide us precisely when we are told that the situation is exceptional. Then there is no such thing as “just following orders.” If members of the professions confuse their specific ethics with the emotions of the moment, however, they can find themselves saying and doing things that they might previously have thought unimaginable.

The Very Small People Running America

The people running America are very small, starting with the president, and continuing down through his administration and his Republican supporters.

What does small mean?

Let us put it in terms these people will understand, since practically all of them claim to be faithful, most of them faithful Christians:

So God created mankind in his own image.
Genesis 1:27

That is, of course, aspirational. Not that people will be able to reach godlike heights of compassion and care. But that is the constant goal—interrupted by the shortfalls we are all subject to, being human as we are.

But maybe we’ve got it all wrong. Maybe God is petty and ignorant, uncaring and uncompassionate. In which case, those running America are being faithful, acting so small in the image of a very small God.

Or maybe they don’t understand the very first chapter of the Bible they embrace, or maybe they ignore it or skip it. Maybe they don’t understand, ignore or skip the entire Bible.

Anyway, these are very small people, faithful or just pretending to be. Way too small to be doing such a big job.

The U.S. lost track of 1,475 unaccompanied immigrant children it captured last year. Department of Health and Human Services says: “Not our legal responsibility.”

Everything you need to know about Trump and his administration is in this story (or in dozens of other stories). Not that public bureaucracies big and small don’t make mistakes, sometimes terrible ones. But that the appropriate and moral public servant response is to take responsibility, find out what went wrong, and work to fix it.

Instead, the response is either to blame someone else or to fall back on having no legal responsibility. No crime, no foul. We are going to be hearing a lot more of that in the months to come.

How in the world has Trump been able to assemble such an historically rotten administration? Leading by example?

Washington Post:

During a Senate committee hearing late last month, Steven Wagner, an official with the Department of Health and Human Services, testified that the federal agency had lost track of 1,475 children who had crossed the U.S.-Mexico border on their own (that is, unaccompanied by adults) and subsequently were placed with adult sponsors in the United States. As the Associated Press reported, the number was based on a survey of more than 7,000 children:

From October to December 2017, HHS called 7,635 children the agency had placed with sponsors, and found 6,075 of the children were still living with their sponsors, 28 had run away, five had been deported and 52 were living with someone else. The rest were missing, said Steven Wagner, acting assistant secretary at HHS.

Health and Human Services officials have argued it is not the department’s legal responsibility to find those children after they are released from the care of the Office of Refugee Resettlement, which falls under HHS‘s Administration for Children and Families. And some have pointed out that adult sponsors are sometimes relatives who already were living in the United States and who intentionally may not be responding to contact attempts by HHS.