L’Etat C’est Moi

 

Watching Alan Dershowitz make his arguments for presidential power was certainly mind numbing. Now, I can understand why Trump would have Dershowitz on his team. He has a long history of effectively  defending people who might have otherwise been convicted based solely on evidence. OJ Simpson, Jeffrey Epstein, Claus von Bulow and others. Also, his connections with Fox “news” and his connections with the same sex ring that Trump and Clinton seemed to be part of  what made him a good choice.

Nevertheless, despite his person flaws and general lack of integrity aside, let’s look at his arguments. Remember, no other Constitutional scholar was willing to sit on the president’s team. Not even Jonathon Turley who the Republicans brought in to testify to the House inquiry. So, Alan stands alone as the expert on the Constitution for Trump.

His basic argument has been this.

If the president did something illegal, but he did it for good reasons, then that is not impeachable.

Furthermore, if the president THINKS that his own re-election is in the public interest, anything he does to secure his own re-election is  not impeachable. As long as the president believes his re-election is what is best for the country he may take any actions to assure that re-election and , according to Dershowitz, that would not be an abuse of power.

Stunning.

Here are his own words: “Every public official that I know believes that his election is in the public interest and, mostly, you’re right — your election is in the public interest,” Dershowitz said. “If a president does something which he believes will help him get elected in the public interest, that cannot be the kind of quid pro quo that results in impeachment.“

https://www.businessinsider.com/alan-dershowitz-trump-re-election-public-interest-2020-1

I taught European history for many years when it was part of the old New York State curriculum. Since then European history has been subsumed into a more comprehensive Global Studies curriculum.

Back in the day we spent a bit of time on the French Revolution and the historical basis for that event. The long term developments leading to the Revolution are rooted in the old monarchical system.  In the 17th century there was a power struggle in France.

On one hand we had the monarch and on the other the nobles. The majority (98%) of the people could just pound sand. They really did not count.

In order to centralize his power Louis XIV decided that he needed to move against the nobles . Now, the power of the nobles was in the great city of Paris (Washington, DC). To eliminate that power center Louis decided to build a new power center, near the small village outside of Paris. A day’s ride from Paris. So he built Versailles (Mar -a – Lago). There he could control the nobles.

I have been to Versailles. It is mind boggling in both size and luxury. Especially when you consider it was built in the 17th century. A short train ride from Paris today, but in Louis’s time it was isolated from Paris. If a noble wanted to be part of the power structure he had to travel to Versailles. He had to genuflect to Louis. And so Louis was able to slowly bring the nobles under his control.

Most famously a quote attributed to Louis (whether he said it or not, he certainly acted as though he did) was : L’etat C’est Moi. I am the state.

What does that mean? There is no distinction between the interests of the state and the interest of the king. There is no division between what is good for the king and what is good for the state. I am the state. What is good for Mr Trump is, by definition good for the United States.

Now, if we accept this argument, then the following logically follows.

In November of 2020 Mr Trump believes that the election of his opponent is not in the best interests of the nation. However, he honestly believes that his own election is in the best interests of the nation. That being the case, on election night, the results are in.

Mr Trump’s opponent has won. But wait. The election of his opponent is not in the best interests of the nation. So, Mr Trump simply invalidates the election.

He asks Attorney General Barr offer his legal opinion and Mr Barr concurs. It is within the power of the president to annul the election because there is nothing in the Constitution that specifically states a president CANNOT nullify an election.

But wait, Congress can step and overturn the decision. No. According to the legal opinion of the Justice Department the president has unlimited power, as long as he is acting in what he (and he alone) considers is best for the country.  The Congress cannot review any decision made by the president. He is above the law. The imperial presidency.

And so ends democracy.

I am the state.

 

 

Why I Like Mitt

Like everyone else on the political left I enjoy poking fun at Mitt Romney . He is out of touch. Was born into great wealth. Hides his money overseas. Takes seriously a religion that believes in magic underwear. (Which is really no sillier than any religion when you think about it). So, I surprised myself when I realized I wanted Mitt to run for POTUS again.

No. Not so Hilary Clinton could waltz to an easy victory. No. Not because I want to see him and his family humiliated again. But because, when looking at the rest of the GOP field, Mitt stands tall.

As in 2012 the GOP faithful have their perennial candidates. People like Huckabee, Perry, Santorum, maybe Newt. Along with a newer breed of crazy. Cruz, Rubio, Rand Paul, Ben Carson. A group of wannabees that make a Star Trek convention look like a royal wedding. None of these candidates has a chance of getting nominated or elected. But they all have a financial stake in running for POTUS.

Running for POTUS in modern times has become a very lucrative business. You fly around the country. Spout whatever comes to mind. And get hollow-headed folks to send your PACs loads of dough. Money that can be used for anything you want.

Take a look at Sideshow Sarah Palin for example. She takes in millions and spends a very small fraction on helping candidates get elected. The overwhelming majority of her unregulated PAC income is spent on her travel, wardrobe and vacations. All legal. A family slush fund. So, running for POTUS is a good gig. The fools and their money are easily parted.

But there is a second group of politicians who actually do want to be POTUS and have a chance of doing so. That would be Jeb Bush, Chris Christie and Mitt Romney. So ask yourself, of those three, who would you rather see sitting in the Oval Office?

Christie may very well self-destruct. But don’t bet on it. The GOP has been known to back criminals and bullies. Tricky Dick, anyone. Christie has a lot of baggage, to be sure. His misuse of the billions set aside for the train tunnel to NYC, which never materialized. His handling of the Sandy funds , some of which still have not been distributed. His costing the state of NJ millions of dollars by holding a special election for the vacant US Senate seat rather than waiting a few weeks and holding that election on election day. He was afraid that the votes for popular Democratic Senate candidate Booker would cut into his own election win. His hiring of a group of folks now under indictment. His vacating the job of governor for 40% of the time to spend it courting GOP votes across the nation. Again, at great expense to the people of New Jersey. Other GOP candidates throwing mud at Christie will be easy. He lives in a cesspool of his own making.

That leaves Jeb Bush. A thought. No GOP candidate NOT named Bush has won the presidency since 1984. From 1980 through 2007 only ONE time has a Bush NOT been on the national ticket. The GOP has been run as a Bush family legacy. A divine right. Which means the Bushes have plenty of money and support from the more traditional GOP money makers. While Jeb himself has plenty of “character” issues that has never stopped a family member from advancing. His illegal removal of tens of thousands of voters from the Florida rolls prior to the 2000 election all but assured his brother the presidency. Even then it took 5 members of the SCOTUS to close the deal. (Two of those justices voting to put GW on the throne had family members working directly for the Bushes) And, like the rest of the family, he does no real “public service” other than line his own pockets. But that will not be a hindrance to the oil industry. Compared to his brother he is smooth and smart and knows how to avoid saying dumb things. Beware.

That leaves us with Mitt Romney. Despite the fact that Romney was crushed in the election of 2012 in the electoral college by a vote of 332-206. But, switch the votes of Florida, Ohio and Virginia and that race becomes an almost dead heat. Add in Wisconsin and Michigan, which now have GOP governors, and it is Romney who wins big. And he did get 61,000,000 Americans to pull the lever for him. So, I understand that Romney thinks he has a chance to win this time around.

But what kind of POTUS would Romney be? Unlike the first group of idiots he is not an ideologue. He does not subscribe to any narrow religious worldview that he seeks to impose on others. Be real. The Church of Later Day Saints has always been as much a business enterprise as a religion. In the last 150 years it has not hesitated to change “god-given” doctrine for political or economic gain. (Polygamy, role of blacks comes to mind).

And unlike Christie or Bush he does not seem tied to special interests. I know he flip flops on some issues and does his share of pandering, but he is basically a business man. A manager. A bottom line guy. Which is why he supported “Romneycare” in Massachusetts. It was the practical thing to do. It made economic sense. And he took federal tax dollars to save the private Olympic games. Socialist when it suits him.

I can see President Christie going off the deep end with his “tough guy” persona and destroying any international cooperation we now enjoy. I can see Christie attacking any newsperson or citizen who dares suggest he is wrong. Christie surrounds himself with yes men who are willing to do his dirty work. What kind of cabinet would he hire? Any independent thinkers? Not the kind of guy I want as POTUS.

I can see President Jeb Bush continuing the family tradition of speaking out of both sides of his mouth at the same time. And blatantly lying with that sincere look on his face; a family gift. I can see Jeb and his people using the same nasty campaign tactics his dad and brother used. The “Willie Horton” ads. The McCain has a black baby smear. The Swiftboating of a soldier who fought in the war the Bush brothers carefully avoided. I think the family mudhole has no bottom when it comes to slinging. Another Bush would mean a major step backward for all but the oil industry. The Saudis, of course, would be gleeful.

I just can’t envision a President Romney doing those things. I think he is educable. I think he is smart. I think he wants to succeed. And I think he has a pragmatic sense that would not allow him to avoid real domestic problems once he was in a position of power. And would not allow him to get involved in the foolish hawkishness that has become a badge of honor for the GOP.

Would I vote for Romney? Heavens no. I don’t agree with him on many, if any, issues. But does he scare me? No, again. Not like Cruz or Bush or Christie or Paul or Huckabee. So, I think Mitt should run again. Maybe three times IS the charm. Maybe not. But at least sane citizens wouldn’t have to lose any sleep over the person sleeping in the White House.

What do you think? Does a Romney presidency scare you?