Schwab: The remedy to a bad debate and worse court decisions

A disheartening presidential debate and destabilizing court rulings beg the question of how to fix it all.

By Sid Schwab / Herald Columnist

Nothing can be said about last week’s presidential debate — debacle, more like — that hasn’t already been. So I will.

Donald Trump lied with every word, avoided questions, made weird faces and no sense. Had President Biden performed as in years past, that would have been fatal for Trump. But he didn’t and it wasn’t. I wish the “moderators” had called out Trump’s lies and diversions; more, I wish President Biden had. But they didn’t and he didn’t.

I wish President Biden had announced, a year ago, that he wouldn’t run again. He didn’t and, so far, he is. I wish Trump had been asked about Project 2025 (Time: tinyurl.com/2cfuture4u) and said how he’d implement it. He wasn’t, so he didn’t. Because it’s the blueprint for enshrining the clear threat to democracy about which Democrats have been warning since Trump promised, “I am your retribution,” not asking was journalistic dereliction. By dismantling government, protective regulations, public education, separation of church and state, minority protections and making voting harder for them, and curtailing social programs, it’s an authoritarian manifesto that serves only the wealthy.

I wish I knew who has the best chance against Trumpism’s multifaceted threats. Whether the Democrats’ nominee will be Biden or someone else, I’ll vote for that person without reservation. So should everyone who values democracy and competent, constitutional governance, who’d rather not live in a far-right theocracy, who thinks science and quality public education are vital to our future. Who prefers safe water, food and consumer goods, breathable air, and a livable climate.

The deba-whatever-it-was didn’t change the stakes. Instead, it confirmed that Trump should never again be within wrecking distance of the Oval Office. No matter President Biden’s acuity, we know he would continue to surround himself with the kinds of experts who helped him end the pandemic, create millions of jobs, begin rebuilding infrastructure, and lots more (Politico: tinyurl.com/morebyJoe). And we know he’d respect the law.

Based on what he’s promised, openly, and on Projectile 2025, Trump would do the opposite. First time around he chose incompetents who ended up indicted. The few competents he let slip through ended up leaving and now warn against voting for him. This time he’d replace qualified government employees with people whose only qualification is willingness to help punish the people and entities he resents.

No matter his opponent, assuring Trump’s defeat is a patriotic duty. Don’t believe me? Listen to former MAGA, current conservative Joe Walsh’s NSFW declamation: (X; tinyurl.com/joewalsh4u) Nothing is as important. Nothing. Dead people have won elections. We could do worse.

But Trump isn’t the only threat. The U.S. Supreme Court’s decision about government agencies’ regulatory authority can be summarized in Chief Justice Roberts’ own words: “[A]gencies have no special competence in resolving statutory ambiguities. Courts do.” Unless Congress spells out every regulation and future need in precise, specific detail, he ruled, experts in government agencies can’t be allowed to define them. Only judges can. They’ll decide which chemicals are dangerous, what medications you can take, whether pollution is bad or climate change is real. Time was, conservatives eschewed that kind of judicial legislating.

Another SCOTUS judgment enshrines government corruption. A bribe, they said, is an illegal gift given before the giftee takes action. The same transaction, completed after gifters get what they want, is a permitted gratuity; a tip. “I’ll do what you want. Just don’t hand me the cash until after.” By no coincidence, Trump has promised to end taxing tips. In the presidential immunity ruling, Alito and Thomas expressed their gratitude.

With no basis in the Constitution (Heather Cox Richardson: tinyurl.com/wholecloth4u), the Roberts Court invented rules saying anything a president does is above the law if defined as an “official act.” Compare and contrast: In my surgical practice, if I made a correct diagnosis, chose the appropriate operation, and carried it out properly, if the patient had complications it’s not — to me, anyway — malpractice. If, however, I chose the wrong operation and did it carelessly, causing harm, it is malpractice, no matter how “official.”

If Trump were to accept a “gratuity” in exchange for a pardon, or one from Vladimir Putin for outing embedded agents, is he “officially” immune from prosecution? Trying to overturn a legitimate, fraud-free election? Stealing critical documents and lying about it? Yes, say John Roberts and his accomplices, arrogating to themselves the power to distinguish official from non-official acts. “Total immunity,” brayed Donald the First, regally.

Could Biden have SCOTUS’ Slaughterous Six arrested now? Guess so. But they understood that’s not who he is, so, casting their gaze upon a man who’s promised dictatorial abuse of power, they told him, “Go forth and subtract.” The only, and likely the last chance to thwart this double-team attack on democracy is to vote for every Democratic candidate everywhere, sweep both houses of Congress, and then, enlarge the Court with four honest and ethical people.

Paraphrasing Pogo (tinyurl.com/frompogo2u), we have met the remedy and it is us.

Email Sid Schwab at columnsid@gmail.com.

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