Accountability has rarely been a key feature of US politics (see, e.g. Kissinger, Henry), at least not in a sensible way (see, e.g. “Who Lost China?”).
But Priorities USA is trying to gin up some accountability with this pair of new videos:
There’s Off the Hook:
And there’s the even more blunt Chosen a Side :
When I saw the storming of the Capitol live on TV (we had turned on the TV on a whim to see the certification of the vote, not suspecting anything untoward) I had some trouble taking it sufficiently seriously: a man cosplaying as shaman? Really? Surreal, yes, but the end of an era? Rioters moving almost single file between the ropes in a visitors’ area a bit like a tour group? Surely not an invading army. It wasn’t until we saw the violence, the noose, and then read about the parts we had not seen that I started thinking ‘Beer Hall Putch”.
And then, slowly, the drip, drip of revelations–there was a lot more planning for a coup than it had seemed. And Vice President Mike Pence’s finest hour might not have been just refusing to play along with a coup, but his refusal to get into a car and let the Secret Service drive him away from the Capitol.
Well, it’s a year later (unless “every day is Jan. 6th now“?). Things don’t look so great. As Donald Kagan says, Our constitutional crisis is already here. Was 2021 “The year accountability died“? Will the Jan 6 Committee be enough? It’s a lot to ask of a committee.
Meanwhile, at least we can still laugh.
Image from Meme Generator via Crooks & Liars
In general, I’m of the view that we have too many jails and prisons (and far too many private prisons!), and that this is an industry, or social practice if you prefer, where supply tends to create demand for reasons economic and social.
But I’ve learned that we are short of one jail we need. In today’s New York Times explainer on executive privilege (a non-constitutional doctrine invented by courts, but don’t get me started), author Charlie Savage has an aside in his explanation of the convoluted and uncertain way in which Congress enforces its finding of contempt by non-cooperating witnesses:
(In theory, lawmakers could also direct the House sergeant-at-arms to arrest recalcitrant witnesses and detain them until the end of its session, but that “inherent contempt” authority is viewed as obsolete; the Capitol has no prison cell and lawmakers have not tried to use this power since 1935.)
So here’s my very modest proposal: Congress should either build its own little jail, or it should contract with a nearby jurisdiction–or a private prison company–to guarantee to hold anyone arrested by the Sergeant at Arms. I doubt they would actually have to use it; rather, having this capacity on tap would provide a much greater in terrorem effect than the current system which requires first that the U.S. Attorney for the District of Columbia take up the case, and second that the court fights over it happen quickly–the latter being highly unlikely.
Surely a contingency contract with a per diem per prisoner if required would be a very minor budget item. Stick it in the reconciliation bill please.
This vile fundraising text-message did not come from some fringe group. It came from the National Republican Congressional Committee.
Let’s count just a few of the ways in which this is disgusting:
I knew House Republicans had gone pretty far over to the Dark Side, but this…
Dick the Butcher in Henry VI, part II, act IV, Scene II, Line 73 explains the necessary first step to seizing power illegally.
Mr. Rosen, Mr. Donoghue and Mr. Pak — all Republicans — testified that Mr. Trump was not seeking their legal advice, but strong-arming them to violate their oaths of office, undermine the results of the election and subvert the Constitution.
What stopped him? Two things: 1) Lawyers with a basic core of ethics that required fidelity to bedrock democratic values; and 2) the general incompetence of the plotters (cf. events of Jan 6, 2020).
I believe this has important implications for how we teach law students. More discussion of (or paeans to?) the values of the rule of law in a democratic society may be in order. At least until the Supreme Court makes ashes of it in our mouths, at which point…what?…Edward Luttwak?
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Alex Michael Azar II in caricature © 2020 DonkeyHotey, CC BY 2.0, via Wikimedia Commons
It doesn’t quite rise to the level of ‘man bites dog’ but when the president of your local chapter of the American Association of University Professors objects to the hiring of someone as any sort of Professor, it’s at least unusual. But here comes Scotney D. Evans, an associate professor in the School of Education and Human Development, with a statement (written with graduate student Thomas Kennedy) opposing the UM Business School’s hiring of former Trump Secretary of Health and Human Services Secretary Alex Azar as a researcher and adjunct professor in UM’s Business School. They have some cogent points:
Hearing that the Miami Herbert Business School hired Alex Azar, former President Donald Trump’s Health and Human Services Secretary, we both reacted with a mix of horror, disgust and sadness. With all the amazing, diverse and socially responsible policy experts out there that can really motivate and inspire students into “ethical citizenship and service to others” with “a respect for differences among people,” as stated in UM’s mission statement, they choose this guy? There are a lot of important reasons why Azar should be unemployable by any reputable organization that values common humanity and equal rights for all.
Trump’s family separation policy is one of the most shameful stains on the moral character of this country in recent years. Stephen Miller, a senior policy advisor and director of speechwriting for Trump, and other Trump cronies like Azar helped enforce a policy that resulted in children being ripped from crying mothers’ arms to be placed in facilities where sexual abuse and mistreatment were rampant. Unaccompanied minors who were coming to this country looking for a better life did not fare much better, as they were also placed in detention facilities in which they were routinely denied hygienic products and basic necessities. Our very own community became a flash point during the Trump years because of an infamous detention center for migrant children in Homestead, Fl.
I (Thomas) have worked on campaigns to close and prevent the reopening of that detention facility and heard firsthand the awful conditions that children were subjected to, including a military style regimen in which they were not allowed free movement, afforded very limited call time, given inadequate access to lawyers and were mistreated and abused by staff. The for-profit detention of immigrant children under horrid conditions outraged many of us, but unfortunately, those who were involved in implementing these horrible policies have not suffered repercussions. Azar was complicit in implementing these detention policies during the Trump era, and was responsible for the administration of immigration detention centers, including the one in Homestead.
This hire directly contradicts the university’s espoused commitment to racial justice. You can’t be against racism and hire Azar. In addition to being complicit in the racist Trump policies described above, he also botched the COVID-19 response that disproportionately harmed and killed Black people, and he tried to sabotage the Affordable Care Act and Medicaid which greatly benefit people of color. Being anti-racist as an institution means taking a strong stand against racist policies and those who have a hand in creating or upholding them. Alex Azar was directly involved in creating, implementing and rationalizing racist discourse and policies while employed by the Trump administration.
This hire reminds us of the saying – “don’t listen to what they say, watch what they do.” University statements against systemic racial injustice are meaningless without decisive action against racist policies and the public figures who propagate them. Frankly, we’re dismayed that more faculty, staff and students have not strongly vocalized opposition to this hire. Are faculty in the business school on board and willing to ignore Azar’s role in toxic policies? Is the harm that Azar helped cause simply being waved away and whitewashed under the guise of welcoming a diverse “marketplace of ideas”? As University of Wisconsin-Eau Claire Professor and activist David Shih has suggested, the marketplace of ideas fails when we cannot make objective choices about racism.
We believe in free discourse and think our campus benefits from a variety of beliefs and opinions to encourage a healthy and diverse learning environment. We also believe that people make mistakes and should be afforded opportunities to repent. But Azar was complicit in some of the most horrific policies enacted during the Trump era. His hire was a huge mistake.
Jotwell Blenderlaw