Accountability for corruption will help rebuild trust in the integrity of American democracy
Hello from coastal Maine, where I've escaped from this historic heat wave with my family. Alex Howard here, with another civic text.
There's been… quite a lot that's happened since I wrote you last, in celebration of the Freedom of Information Act's 58th birthday.
Today's newsletter therefore includes several sections, including the current President's fitness, an assassination attempt on former president Trump, the dismissal of an indictment of Trump for retaining classified presidential records, the conviction of Senator Menendez for corruption, and another wave of COVID-19 in the United States. Ready? Let's go.
Opacity by default
Since I last wrote, President Biden has held a formal press conference, sat down for extended interviews, and delivered campaign speeches to show his fitness to govern. (He has yet to hold a town hall.)
White House visitor logs showed the same neurologist who came to the White House Medical United 8 times in 2023 had also previously visited at least 27 times since 2016.
Instead of citing public records from the Obama White House that were already in the public domain, using them to draw a contrast to the Trump White House's secrecy & maladministration, making the presidential physician available to answer questions, and disputing or debunking an emerging narrative around an undisclosed Parkinson’s diagnosis, the Press Secretary repeatedly claimed on June 8th she could not confirm a name for privacy or “security reasons” that had already been public record for a decade. CBS correspondent Ed O’Keefe was right to be frustrated!
In a letter, the White House physician then confirmed that this neurologist had examined President Joe Biden times & claimed he didn’t find neurological disorders — along with other patients over the years.
The way this was handled unfortunately exemplifies this White House’s opaque approach to open government, at perhaps the worst possible time: a crisis in public trust in the President’s capacity to govern.
President Biden is now convalescing, again, after testing positive for COVID-19 a second time – apparently a mild case – and reportedly considering his political future.
Political violence must remain unacceptable in American democracy
If you somehow haven't heard, former President Trump was the target of a failed assassination attempt on Saturday night. Trump received the presidential nomination of the Republican Party formally on Monday, and announced that Ohio Senator J.D. Vance would be his running mate.
As I wrote on Sunday morning, I remain appalled that Trump was the target of a failed assassination. I was devastated to learn of the death of an innocent bystander and critical injuries to two other Pennsylvanians.
As we all continue to process shock, fear, and anger, I hope Americans can unite around the principle that political violence is unacceptable in our union.
We must not allow the return of lethal violence to our politics.
We must never legitimize political violence in any democratic process, on behalf of any party.
We should serve, volunteer, march, protest, petition, speak, & assemble in peace.
We must cast ballots, not bullets.
On Sunday, President Biden addressed the nation, urging us all to "lower the temperature in our politics and to remember, while we may disagree, we are not enemies: We’re neighbors. We’re friends, coworkers, citizens. And, most importantly, we are fellow Americans. And we must stand together."
Just so. I fear we will not.
On Sunday, President Biden noted that "unity is the most elusive goal of all, " stating that "nothing is more important than that right now.”
That national condition will remain implausible – if not impossible - until the world sees changes we all can believe in.
158 years ago, President Lincoln encouraged Americans to have “malice towards none & charity to all” after a civil war.
Unity in 2024 would require contrition from those who told a “Big Lie” and incited seditious mob violence on January 6th, 2021.
Unity would require Members of Congress and the former President to show contrition about what happened in the months leading up to January 6th, not just the day of the insurrection, and the vote taken in the bloody aftermath.
It would require folks to apologize for misleading the public about widespread fraud and to cease valorizing Americans convicted of assaulting police officers or seditious conspiracy as "patriots."
Reconciliation would require all political leaders to tell the truth about the 2020 election, to reject the toxic notion that political violence is ever "legitimate discourse," and to recommit to democratic governance — including accepting the will of voters at the polls, and the legitimacy of political opponents to govern.
Fodder from Cannon
Three days ago, federal judge Aileen Cannon granted former president Trump’s motion to dismiss the Justice Department’s indictment for willful retention of classified national defense information “based on the Unlawful Appointment and Funding of Special Counsel Jack Smith,” and dismissed the superseding indictment “because Special Counsel Smith’s appointment violates the Appointments Clause of the Constitution.
That's …quite an argument, given decades of precedent under which Special Counsels were able to investigated president, from Clinton to Trump, without legal challenge regarding running foul of said Constitution.
As Politico reports, this decision will delay accountability for Trump’s actions — perhaps forever, should he win re-election: “Though the trial had already seemed highly unlikely to proceed before the end of the year, her ruling virtually ensures it. And if Trump wins the 2024 election, he’s expected to unravel the case altogether."
Smith has since filed an appeal. While I'm no lawyer, I tend to think the case should be reassigned, given the bias Cannon has shown toward Trump and the arguments she's advanced about presidential records.
For the first time in American history, a U.S. Senator was found guilty of acting as an agent of a foreign power
Yesterday, New Jersey Senator Bob Menendez was convicted by a jury of his peers, which found him guilty on all 16 counts, including bribery, wire fraud, extortion, obstruction of justice, conspiracy, and acting as an agent for Egypt.
As the New York Times reported (gift link), the verdict made Menendez the first US senator to be found guilty of acting as an agent of a foreign power, & the 7th to be convicted of a federal crime while in office. Senate Majority Leader Schumer called on him to resign after the verdict.
President Biden has not commented, yet, though the conviction of the former head of the Senate Foreign Relations Committee for taking bribes for policy considerations surely occasions it.
No person can be held above the law in any strong union of, by, and for the people, no matter which branch of government they serve on or gavel they wield.
Our Constitution places no officer of the court, military, legislature, or executive beyond the reach of accountability for high crimes and misdemeanors, despite this Supreme Court annotated Article II with an immunity provision.
Receipt of the emoluments is specifically denied — without the permission of Congress — in the anti-corruption clauses crafted to protect the integrity of a young nation from the foreign entanglements of the kings and empires of the Old World.
Healthy political parties repudiate the abuse of entrusted power for personal gain — corruption — because they know it rightfully dissolved public trust and erodes democratic integrity, putting lives at risk and missions at stake.
Despite our yawning partisan divides, I still believe a supermajority of Americans oppose corruption, regardless of party. We deserve a Congress, Court, and Presidency worthy of our trust.
I hope to see it in our times after ethics reforms commensurate with the needs of or times are passed and implemented.
My my my Corona
Finally, while many people declared the pandemic over last year, COVID-19 is still not done with us. My mom has it, again. So do neighbors and friends. And as I noted above, so does the President of the United States. Updated U.S. Department of Health and Human Services data on leading indicators (test positivity & wastewater) do show the uptick.
There has been no national surge of hospitalizations, yet — maybe due to vaccination penetration in seniors, immunity from previous infections, & therapeutics like Paxlovid, which may have saved my Mom’s life over the holidays — but ER visits are up 23% from last week & hospitalizations are up 13%.
The Centers For Disease Control (CDC) advises high-risk folks to consider wearing a good, well-fitted respirator indoors to avoid airborne transmission – and for all of us to talk with your healthcare provider about getting an updated vaccines, when available. Keep calm, & carry on.
I'm continuing to think through the best pace, frequency, and formats for Civic Texts. If you have suggestions, questions, comments, tips, or concerns, you can find me online as @digiphile across social media, or email alex@governing.digital.
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