In the Supreme Court, Has It Become Politics Over Law?

In the recent Supreme Court hearing of arguments for and against Tump's claim of absolute immunity from prosecution ("4 Takeaways," April 25), three of the conservative judges - Alito, Gorsuch, and Kavenaugh - put forth questions/arguments which were almost ludicrous in their lack of relevance to the issue at hand.

These three conservative judges basically said that a president should not be subject to politically motivated prosecution by a vindictive successor.  We can all agree with that.  But this argument is not relevant to judging Trump's claim to immunity.  The fact that in rare instances a criminal statute could be misused is no reason not to provide for prosecution of the crime.

First, the question is whether a past-president should be immune from prosecution from potentially criminal acts committed while in office.  The further question is whether this should apply to both official and non-official acts, or just non-official acts.  

Prosecution for criminal action has various bars that must be met to justify prosecution.  Regardless how zealous the prosecutor or vindictive the successor, there has to be alleged criminal action.  This is not about challenging a president's motives for his official acts in office, regardless how criticized he or she may be.  Supporting particular legislation or arguing for a change in regulation, regardless of the motive, would not constitute criminal action under anyone's definition.

Which brings me to the second point.  All the conservative justices refused to look at the facts involved in this case.  Yet in judging whether a claim of immunity is appropriate, the facts of the case are extremely relevant.  You have first the theoretical question of absolute immunity, and once that is decided, whether the case before the court warrants such immunity. Trump is alleged to have defrauded the government by denying the results of the election – not by challenging them in court which is his right and which he did – but continuing to contest them after losing the court cases and further by attempting through various means to subvert the election and remain in the Presidency.

These facts are relevant because they show why the grant of immunity requested is not appropriate, why such matters must be subject to criminal prosecution.  They go to the heart of the strength and validity of our democracy.

The Palestinian/Israel Conflict - A Reality Check

I have for decades been critical of Israel's actions towards Palestinians, both as citizens of Israel and the Palestinian authority.  

The founders of Israel were so caught up in the millennia of persecution, mostly recently the Holocaust, that Jews had faced at the hands of other governments and religions that they understandably wanted to create a Jewish homeland – Jewish.  But seeking that homeland in a region where they had a minor contemporary presence, based instead upon the Bible, was bound to create problems.

Because they were Jews and because they were displacing Palestinians who had lived in the region for generations, they were faced with enemies all around them who wanted to obliterate Israel from the map.  And so they responded to defend themselves in the only way they could – militarily.

Through the decades since the founding of the state of Israel, this has been the dynamic in the region.  And the fear for their security led Israel to make at least one huge mistake – they treated the Palestinians who chose to remain in Israel and become Israeli citizens like second class citizens.  Palestinians were segregated in their own villages which did not receive the funding and attention that Jewish villages did.  Yes, Palestinians had rights and had access to education and medical services, but they were second class citizens in other ways.  And they were not part of the Israeli army because they weren't trusted.

There is no shortage of fingers to point in this conflict.  The Palestinian leadership, especially under Yasser Arafat and Hamas, have stoked the fires of hatred of Israelis which in turn validated fear within Israelis.  There is plenty of blame on all sides for the current state of affairs.

Which brings me to the current crisis.  Hamas committed a horrendous crime in their assault of Israelis on October 7.  This was not a military action, an action against the Israeli military.  The attack was clearly against defenseless people, especially women.  The crimes they committed could be compared with the crimes Russian troops committed against Germans when they occupied that country towards the end of WWII.  Except in the case of Hamas, the assault on unarmed people was the whole purpose of the action, not just an offshoot of an otherwise defensible military action.

So what was Israel expected to do in the aftermath of such an attack?  The only reasonable response is military and relentless.  

So far, I'm with Israel.  But because Netanyahu and his allies are who they are, they saw an opportunity to make war against the Palestinians in a way which they hadn't previously.  And so it has gone far beyond "an eye for an eye, a tooth for a tooth."

Israel must stop and the region must return to what had passed as normalcy before the Hamas attack.

And what about all the protests, mainly by students, on behalf of the Palestinians?  Their self-righteousness is borne of ignorance.  They are totally one-sided in their thinking; they have no understanding of the history of the conflict;  nor do they seem to remember that this war started as a result of the Hamas action on October 7.  

Of course one should voice support for a cease-fire, an end to the war, but to denounce or demonize Israel as committing genocide is to fall into the trap set by Palestinian provocateurs and anti-semites, who do not come to this matter with "clean hands."

I have witnessed well-meaning liberal citizens marching down the street in small towns like Great Barrington, MA and Belfast, ME denouncing Israel.  They don't have a clue about  the conflict.  It is scary how people can be led to do things based on an "influencer" without any thought or research of their own, without any thought of the influencer's bias.

The reality of the Israeli-Palestinian conflict is that there is plenty of blame to go around, not just regarding the current conflict but the entire history since the founding of Israel.  No one can be self-righteous in this situation or conveniently point the finger of blame at the opponent/enemy.  

The time has come to return to the concept of the 2-state solution.  It will be much harder now than when it was first proposed because in the intervening years Israel has expanded its settlements in the West Bank making a reasonably functioning Palestinian state almost impossible to configure.  Thus, many settlements will have to be abandoned as part of the solution.

Many say that will be impossible; the settles will not move and it will cause a crisis in Israel.  But Ariel Sharon did it in Gaza, and a future Israeli government can do it in the West Bank.

Peace in the region depends on it.  There is no subjugating the wrath of an occupied and displaced people.

The Poison of Racism: Disrespect

There are of course many negative impacts of racism.  The two most frequently noted are discrimination – not allowing people to live the lives they want to live – and violence, both physical and verbal.

But there is another impact which, although less frequently discussed, is in some ways even more pernicious than either discrimination or violence: disrespect.   I am not talking here of the disrespect that whites show people of color in various ways, but the disrespect that people of color come to have of themselves.

It is a well-established scientific/psychological fact that if you tell someone often enough, especially in their formative years, that they are bad, inferior, or any quality, that person's mind will absorb that label as part of their self-image.   Blacks have for centuries been treated with disrespect, not just as slaves, but also during the entire period since slavery ended.   

While the government has passed a variety of civil rights laws and the Supreme Court has spoken on the equality of blacks, and their lives have in many ways improved, there has been little change overall in the attitude of disrespect towards blacks shown by individual citizens and the culture, the centrality of Black music and performers in the entertainment industry notwithstanding.   The result is that many Blacks carry a lack of respect for themselves in their subconscious, regardless their coping skills, their success, and how they present themselves in public. 

For some  time, it has been politically incorrect, certainly outside the South, to use the "N" word when talking to a Black.   Such use would make the disrespect shown the person obvious, and that is not socially acceptable.  This admonition obviously does not change how the person feels, he just can't verbalize it.  In private, the use of the "N" word is still prevalent accept among liberals.

However, Blacks frequently use the "N" word amongst themselves and justify its use by calling it a term of endearment or by saying only they can use the word and that their use is not racist, 

I respectfully disagree.   Whenever i have heard the 'N' word used by blacks, mostly in plays but also in real life, the tone of voice used has never sounded like it was a term of endearment, and although a Black may not be a racist for using the term, he is certainly showing a lack of respect towards the other person, conjuring up all the stereotypes that use of the term by whites implies. 

In anticipation of the push back my argument will face, both from Blacks and liberal whites, I would note that Jesse Jackson's "Black is Beautiful" movement in the 1960s and 70s and Nina Simone's anthem, "To Be Young, Gifted, and Black," were both meant to counter the internalized disrespect that afflicted Black youth.   

Unfortunately, the movement was short-lived and did not broadly succeed.   Instead, what we have seen, starting in the 90s, are rappers who use all the language of disrespect, especially towards Black women, in their songs.   Jackson and Simone would "roll over in their graves" if they heard this music. 

Which brings me to the use of the word "bitch" by rappers and others.   Regardless what they may say to justify their use of this term, it is never used in a way which indicates endearment and is always a term of disrespect and subservience.

As a comparative point of reference, i would note that I (and I am Jewish) have never heard a Jew in any context use any of the racist anti-semitic terms towards another Jew.   There are certainly some Jewish anti-semites and certainly there is much dissension and division, often heated, within the jewish people, but i have never even in such moments or otherwise heard a racist term thrown at a fellow Jew. 

Regarding gays, while internalized homophobia is fairly common among gays (and yes, I'm gay), although less so than it used to be, the quite common)use of the term "fag" among gays (or at least it was when I circulated more in gay circles) was almost always used as a term of endearment; the tone of voice was never one of disrespect or disgust. 

The motto of the United Negro College Fund is, "A mind is a terrible thing to waste."  I   would say in s similar vein that a human being is a terrible thing to waste, and to disrespect is to waste.   Every person, regardless of skin color or background or status, should be exposed to uplifting spiritual mentoring that results in his or her feeling nothing but respect for themselves, regardless what the world around them says.

The Problem with Post-WWII American Housing Development

Prior to WWII, towns and cities were designed the old-fashioned way.   The city founder or leadership laid out the streets and, increasingly after the early 1900s, created zoning to control what was built where.   Even suburbs started in the same way, as small, self-contained, towns on the outskirts of a city. 

After WWII, with the development of the Interstate Highway System, the process changed drastically.   Before, as a town or city grew, the new residential and commercial districts were an extension of the existing infrastructure network, with everything centered on the city center and local neighborhoods.   Now, with new highways to and out of cities, the surrounding countryside was opened up to large-scale development geared to commuters, separated from the city's infrastructure.. 

These new developments, plopped down most often in what used to be a farm field, had no direct connection with any existing town or city, nor was such a connection needed since now everyone used a car for all transportation.   Whether it was getting to work, going shopping, going out to eat, or any daily task, no one outside of the old cities or towns used public transport, let alone walked.   If a family had 3 adults and children of driving age, it became the norm for the family to have 3 cars, since each person needed a car to get about. 

Long gone were the days when I was a child living in a small suburb of Reading, Pennsylvania.   I walked to school and everything within a mile or so.   To get downtown, I took the bus.   My mother did the same; she used the bus for all her shopping downtown, food and otherwise. And she continued that till her early 90s. 

The question is, why didn't post-WWII developers develop new towns in the old manner, with a core of shopping with residential areas surrounding, all connected with sidewalks as well as streets?   Or if a smaller development, walkable with at least a real general store (not a convenience store) and public transportation into the town?

The answer, I fear, is a very simple one.   It is much more economical and simpler to build a Levittown or modern-style development consisting solely of housing duplicated over and over again, rather than planning a town with all of its infrastructure and commercial needs.   Commercial development became a specialty of its own with shopping malls totally separated from housing development, again geared to the automobile. 

The answer in other words is money.   Developers are not interested in what is best for a community, they are only interested in making the most money as quickly as possible.   And since there seemed to be no hesitation on the part of city-dwellers to move to these new isolated and sterile developments with their spanking-new homes and lawns, they could do as they wanted,

And so we have ended up with a nation of smaller or larger developments, all dependent on the car, all with no or virtually no services contained within them and disconnected from the towns or cities in the area except by highway.   When you look at Google Earth, not just in the NE megalopolis, but everywhere, even the Florida Keys, this is what you see.   

In the process we have not only allowed the destruction of precious nature and good farmland, but we have changed the way Americans live, the way they buy food and shop, the way they get to school, and the exercise they got naturally just by going about their daily tasks. 

We also have created sensory impoverishment.   The sensory vitality of local diversity and being part of nature, has been replaced by the technology driven homogeneity of people and the numbing sameness of chain stores and big box stores with their constantly intrusive music and the mega-parking lots that surround them. 

Let me give you an example of the sensory vitality that used to exist.   When I was growing up in the 50s, while there were two smaller chain grocery stores downtown there was a locally owned grocery that harked back to a previous age.   They roasted their own coffee and so when you walked into the shop your senses were greeted by that wonderful smell, as well as the sight of all the wonderful home-made things they were selling. 

But most of all, there was the year-round farmers market where my mother did most of her food shopping. At its peak in the 50s the market had hundred of stalls, with your choice of green grocers, butchers, poulterers, fish purveyors, and specialty foods.   My mother over time found her favorites and they always greeted her by name with a smile.   

Accompanying my mother to the market was a treat because of all the people milling about, the different stalls with their beautifully displayed goods, and all the different types of people who manned the stalls – different ethnicities, different religions (the Amish and Methodists were present) with accompanying different clothing and speech patterns.   

In addition to the food markets, there was an abundance of locally-owned stores downtown that provided just about any product that one could possibly need.  And they were usually staffed by the owner(s) who provided a very different ambiance and social interaction than one gets in a modern chain store.

And then there was the nearness of nature everywhere.  We were no longer of the land, we did not work it, but farms were all around us, and hills and other forested areas were there within walking distance for us to explore.  We were walkers; or we used public transportation; the automobile was only used when necessary.  For example, my father was a salesman who covered the county, so a car was a necessity for his business.

It was a real, enriching, sensory experience.   What does a child have today?   A bland sameness in his environment and only his screen to stimulate his senses. 

All of these modern ways of development, together with the omnipresence of technology, has resulted in a debasement of the human experience.    While we are not yet automatons, we are fast approaching that state, cogs in a vast machine that is our economic and social system.   

Not only is this not the way things were as recently as 60-70 years ago, this is not the way things had to develop with modernity.   Nothing about modern improvements necessitated the removal of so much quality from our lives

But almost no one, neither local officials nor consumers, seem to care..  

The Pledge of Allegiance in the Mouth of Trumpists Is Mendacious

When Trumpists recite the Pledge of Allegiance, what meaning does it have?  The pledge has always been aspirational in that its description of our republic, while rooted part in fact and part in folklore, has never reflected the reality of our country.  

Today, when Trump and his supporters recite the pledge, the words are for liberals mocking, so opposite to Trump's vision, and to the reality that the poor, people of color, and even the middle class face every day of their lives.  

We all know the words of the pledge:

"I pledge allegiance to the flag of the United States of American and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."

Let's start from the end: "with liberty and justice for all."  For the third of our countrymen who are either poor or people of color (the poor - 12.4% or 42 million; people of color - 27% or 92 million - there is substantial overlap of the two categories), there is very little liberty and justice.  And if Trump is elected it will get even worse as he has no regard for liberty and justice for all.

Liberty means having the opportunity to pursue life, to pursue your dreams.  But for this segment of our citizens, there is precious little opportunity, starting from the brutal fact that they don't have true educational opportunity, and without that there is no way forward.

Justice means both justice in courts of law and social justice – that people are treated fairly, with equality.  While the courts may treat the poor and people of color fairly, they experience little social justice, either in that they are treated with inequality in many forms of government action, or in the fact that the enforcers of the law - the police - do not treat them with equality.  It is ironic that so many Americans – Trump supporters – complain that the government favors the poor and people of color with its largesse, whereas the truth is quite different.  Yes, there are many programs that focus on these groups, but that is far from telling the whole picture.

"Indivisible."  Our country is more divided, and more deeply, than at any time in our history, with the exception of the Civil War.  In the past, regardless of regional or class differences, people felt we were all Americans and all came together in moments of crisis.  We were able to agree to disagree.

Today, because of Trump, that is no longer the case.  The two almost equally divided halves of this country do not agree to disagree.  Each side feels the other is traitorous and a danger to the country's future.  There is frequent talk of civil war in the future.  It is only because of the strength of Mike Pence's commitment to the Constitution that this country was not plunged into a constitutional crisis on January 6, 2012, which could easily have turned violent, with military intervention.

And what meaning does "one nation under God" have?   It is true that 74% of Americans report that they believe in God.  But what does that mean?  Even in the "born again" Evangelical heyday, when kids wore wristbands that asked, "What would Jesus do?" believers did not act as Jesus would have acted.  It was a sad farce.  It would unfortunately be more accurate to say that, in reality, we are a God-less nation.  That money and greed rule, not God.

We are a nation that has lost its way, even the imperfect way that we achieved in the 20th century.  Even before Trump, our social fabric, our social contract, was coming undone.  It started with Reagan.  But under Trump's influence, half the nation has become the captive of fake news (ironically they call the real news "fake").  They have become believers of the "big lie" promoted by Trump.  For them, there is no commonality with liberal Americans or people of color or the poor.

Where we as a country go from here I wouldn't hazard a guess.  My feeling though is that we will survive, that Trumpism will go the way of other aberrations as a new generation comes of age.  I certainly hope that is the case.  America was once justifiably a light to other nations and the downtrodden of the world.  It was never perfect, but it was a lot better than most places on Earth.  

I hope that the day comes when that is true again and the Pledge of Allegiance has regained real meaning. 

Trump's Provable Lie

Donal Trump has finally given this country a gift:  he has lied - made a baseless claim - about something about which there can be no question that he has lied.  Everyone, even his most ardent supporters, will have to agree that he has lied.

Recently, Trump claimed in a post on his Truth Social online account that Nikki Haley was not eligible to become president because her parents were not U.S. citizens when she was born.  He did this by reposting an article from @gatewaypundit based on constitutional interpretation by @paulingrassia making this claim.

What a perfect example of misinformation and how it becomes viral in social media.

The 14th Amendment to the U.S. Constitution clearly states that "all persons born or naturalized in the United States are citizens."  Thus children born in the U.S. of a parent or parents who are not U.S. citizens are nevertheless U.S. citizens.  PERIOD.  No ifs, ands, or buts.  Nikki Haley is a "natural-born" U.S. citizen and thus eligible to be president.

The post refers to the 12th Amendment, but the 12th Amendment stipulates how the Electoral College works.  It has nothing to do with citizenship.

Trump may claim in the future that he was just reposting this article.  No, by reposting the article with no caveats he endorsed it and thus it became a statement of his.  Or he may say, "I'm not a legal scholar; I don't know."  Well, it is the responsibility of anyone, certainly someone running for President, to check facts before broadcasting them.

Most of Trump's lies are not so easily proven to be lies.  But here you have the clear, unambiguous wording of the Constitution.  It is not a matter of interpretation.

He should be called on this.

And yes, I'm back.  I don't know how often I will be posting, but I have spent time in the "wilderness" and have no more craving for the acknowledgment of others.  My faith is absolute; there is no more fear.  I am just sharing my opinions, my thoughts.

Fear v Faith, and Why I Am Taking a Hiatus From Blogging

If you've been reading this blog, you will be aware that spiritual practice is an essential part of my life as I observe the state of the world and comment on it.   I watched a powerful video recently in which Latoya Okela taught that the spiritual struggle comes down to fear v faith.   And that fear is stronger than faith.   Therefore, we must double down on our work to find absolute faith.   (To define what I mean by "faith" is to complicated for this post.   If you are interested go to my Buddhist website, noted below, and read some posts on faith. )

And we must find that faith within us, not just say to ourselves that we have faith.   The latter has some value, but I can guarantee based on my own experience, that if there is a shred of doubt within you about your faith, that the mind will assert itself and take control. 

Everything that we think, say, or do that causes us suffering is at its core a function of fear.   Even insecurity, which I have written is at the core, is based on fear.

I must face it.   You must face it.   Everyone must face it.   And the only way to finally overcome fear is through absolute faith.   Without that faith, all effort to free oneself of fear by embracing it, having compassion for it, saying "Not me!" or any of the other means I have suggested in my posts will not work.   Because some part of you, regardless how small, does not really believe in your faith and therefore your efforts lack the force of faith.   

I have learned to be dispassionate in my reaction to things that had previously caused anxiety, nothing pushes my buttons, and I thought that meant fear was no longer there, but I realized one recent morning in my meditation that it is; it just doesn't express itself in the obvious way. 

I have written several posts on faith in my Buddhist blog, www.thepracticalbuddhist.com, and they remain of value.   But I have realized that there is a hole in the dyke of my faith.   And it is because of that hole that I keep on experiencing situations in which my mind asserts itself and controls my actions, which I always am surprised at and share in my posts.   

Usually I have dug deeper into my trauma and found something I hadn't been aware of before.   But that's not the problem.   The problem is the hole in my faith.   Bach wrote a famous hymn, "A Mighty Fortress Is Our God."  The same can be said of faith.   But if your faith has a weak point, it will crumble and not protect you, just like a fortress that is built on a weak foundation. 

So I need to work on making my faith absolute. 

For that reason, this will be my last post for some time.   Why?  I have discovered that this blog and other writing of mine has been my mind's way of showing that I am right, that I have knowledge, and gaining the acknowledgment and respect of others.   It is a craving of mine. 

This is an example of the weakness of my faith.   If it were absolute, I would not crave the acknowledgment of others.   It would not be a driving force in almost everything that I do. 

In one of my books, I said, after going through a list of suggested actions, "just do it."  And that is the case here as well.   And so I will stop feeding that craving until I find that my faith is absolute.