MSNBC’s Ari Melber confronts Senate candidate Joe Arpaio over his immigration record and fact checks Arpaio’s claim that accepting President Trump’s pardon doesn’t mean he’s guilty. The Supreme Court ruled otherwise as Melber explains on The Beat.
President Trump does not believe that people — that white men like himself — should have to apologize for their public displays of misogyny or racism. But this isn’t simply because he doesn’t want to give ground to critics out of stubbornness or a fear of displaying weakness.
Rather, the refusal to apologize for these things is itself a political statement, even a statement of values. And you can bet that many of his supporters hear it in precisely this way.
.. This once again displays Trump’s seething contempt for his own voters’ intelligence.
.. He has also complained that aides publicly admitted mistakes earlier this year over their handling of allegations that former White House staff secretary Rob Porter was emotionally and physically abusive toward his two ex-wives. “You should have never apologized,” he told a group of communications aides, according to two people. “You don’t ever apologize.”
You don’t ever apologize, even for failing to perform due diligence on a very senior administration official’s repeated alleged incidents of domestic abuse. But why don’t you ever apologize?
.. Trump and his advisers debated whether he should do a TV interview and reiterate his apology. His advisers handed him language in which he would admit that his vile language (which included boasting about grabbing women by the “p—y”) was “not acceptable for a president.”
But Trump exploded. “I can’t do this,” he raged. “This is weak. You guys are weak.” Once elected, Trump even took to suggesting that the voice on the tape wasn’t his.
.. Trump refused to admit error, and even doubled down, after falsely claiming that “thousands and thousands” of U.S. Muslims had celebrated 9/11.
Then there’s Trump’s birtherism. After spending years spreading the racist conspiracy theory that the nation’s first black president didn’t belong in the White House because he isn’t American, Trump finally admitted the truth. But he falsely blamed Hillary Clinton for hatching the claim and took credit for forcing Obama to reveal his birth certificate, like a sheriff who had thrown a perp against the wall and shaken loose his papers.
.. Trump views racial discord as a positive — the more of it, the better. The whole point is deliberate provocation, both out of genuine racist conviction and the belief that it tightens his political bond with his supporters. Trump pardoned racist Joe Arpaio as “a way of pleasing his political base.” He revived his attacks on football players for protesting racism because this “revs up his political base.” After Trump deliberately stoked racial discord after Charlottesville, Stephen K. Bannon subsequently said it would be a political winner for the president.
There are significant factual disputes about these episodes, but all involve the president’s exercise of his core constitutional powers as chief executive, including the power to appoint and remove high-level executive-branch officials, to supervise the performance of their duties (as in the Espy case), and to determine law-enforcement priorities. We have argued in these pages that the president cannot obstruct justice by exercising the discretionary powers of his office, especially in determining whether and why to fire high-level presidential appointees like Mr. Comey. According to the two leaked letters from Mr. Trump’s lawyers to Mr. Mueller, they take essentially the same view.
Any prosecution based on Mr. Trump’s exercise of his core constitutional authority would dramatically impair the executive’s status as a coequal branch of government, considering that Congress enjoys immunity under the Speech and Debate Clause while exercising its legislative powers. It would also inject the judiciary into the president’s decision-making process, requiring judges to delve into matters that are inherently political.
Developments over the past year reinforce our view that it would unconstitutionally debilitate the presidency to base an obstruction charge on gainsaying the president’s motives in exercising his core responsibilities. Mr. Trump’s critics have also accused him of obstructing justice by using his pardon power. They claim his pardons of Joe Arpaio, Scooter Libby and Dinesh D’Souza —whom he considers victims of previous political prosecutions—were meant to reassure targets of Mr. Mueller’s probe that they too might be pardoned. Under such logic, a president under investigation could not discharge his constitutional duties at all, including the use of military force overseas—which can always be cast as a “wag the dog” strategy.
.. That independent-counsel investigation did not concern the exercise of presidential authority. They concerned allegations of perjury and obstruction from Mr. Clinton’s personal relationship with a White House intern.
.. Because constitutional considerations were not in play
.. Mr. McGahn spent nearly 30 hours describing the substance of his conversations with Mr. Trump and offering his assessment that the president’s actions were lawful.
With access to the relevant documents and everyone around the president, the special counsel has no material facts left to find.
.. Interviewing or interrogating the president could shed additional light only on his own thoughts and motives—exactly what executive privilege is designed to protect.
.. Mueller knows that losing a subpoena court fight would prolong and delegitimize his investigation. He is unlikely to press the point.
One of the current complaints of the Trump right concerns the treatment given to Alex Jones by Facebook, which has temporarily banned the Internet radio host for videos that violated “community standards.” According to Lou Dobbs of the Fox Business Network, “freedom of speech [is] under attack.” Fox News television personality Tucker Carlson has also come to Jones’s defense, saying sarcastically, “I know we’re supposed to think Alex Jones is way more radical than, like, Bill Maher.”
.. Well, yes, that is precisely what we should think. At various points, Jones has promoted the belief that
- 9/11 was an “inside job,” that
- Hillary Clinton was running a child sex ring out of a pizzeria, that
- NASA had built a child slave colony on Mars in order to harvest blood and bone marrow, that
- the Oklahoma City bombing,
- the Boston Marathon bombing and the
- Sandy Hook school shooting were government “false flag” operations, that
- some shooting survivors were “crisis actors,” that
- “globalists” are intent on committing genocide and that
- Democrats are on the verge of launching a second civil war.
.. President Trump has made a great many unpleasant things unavoidable. He has appeared on Jones’s Infowars program and assured Jones that his “reputation is amazing.” The White House briefly gave Infowars a press credential. And Donald Trump Jr. has retweeted Infowars stories.
.. It represents not only a certain approach to political strategy but also a certain approach to morality, pressed to its logical extreme. Trump is not a dogmatist; he is an egotist. He judges others not by their convictions, or even by their hold on reality, but by their fidelity to his person. It is a form of identity politics in which all that counts is one man’s identity. So Sen. John McCain (R-Ariz.), being faithless to Trump, is an enemy. And the revealer of child slavery on Mars is a friend.
.. Remember when a white man in Boston, spouting Trump slogans, beat up a homeless man outside a subway station? Trump responded: “People who are following me are very passionate. They love this country and they want this country to be great again.”
.. Remember when a Trump supporter punched an African American man at a rally? Trump said that his follower “obviously loves his country.”
.. Remember when the alt-right provoked violence in Charlottesville? Trump pronounced some white nationalists to be “very fine people.”
.. The president has a nearly impossible time criticizing his fans, even when they are guilty of hate crimes and violence. In Trump’s own private creed, they are absolved of guilt by their loyalty to him.
.. This commitment
- transforms their cruelty into the proof of passion; their
- prejudice into an expression of patriotism; their
- lawlessness into the embrace of his higher order. ‘
Just ask former Phoenix area
- sheriff Joe Arpaio, pardoned after his abuse of Hispanic migrants. Or
- Oregon cattle ranchers Dwight Hammond and his son Steven, pardoned after defying the federal government.
All were justified and sanctified by their devotion to Trump.
.. Any political movement is defined not just by what it aspires to, but also by whom it excludes. And the alt-right, the Alex Jones right, the white nationalist right know that they are fully included in Trump’s definition of his movement.
.. They know that their loyalty to him has been rewarded with a legitimacy they have craved for decades. And they are full, enthusiastic partners in the Trump project — to delegitimize any source of authority and information but his own.
- .. Genuine populists are discredited by consorting with people who accuse elites of arming for mass murder.
- The religious right is caught in bed with a diseased, seeping moral relativism. And
- Fox anchors come to the defense of a man who verbally defiles the graves of murdered children.
Are you sure you want to get rid of Donald Trump?
There are problems with impeaching Donald Trump. A big one is the holy terror waiting in the wings.
That would be Mike Pence, who mirrors the boss more than you realize. He’s also self-infatuated. Also a bigot. Also a liar. Also cruel.
To that brimming potpourri he adds two ingredients that Trump doesn’t genuinely possess: the conviction that he’s on a mission from God and a determination to mold the entire nation in the shape of his own faith, a regressive, repressive version of Christianity. Trade Trump for Pence and you go from kleptocracy to theocracy.
.. The book persuasively illustrates what an ineffectual congressman he was, apart from cozying up to the Koch brothers, Betsy DeVos and other rich Republican donors
.. the strong possibility that he wouldn’t have won re-election; his luck in being spared that humiliation by the summons from Trump, who needed an outwardly bland, intensely religious character witness to muffle his madness and launder his sins; and the alacrity with which he says whatever Trump needs him to regardless of the truth.
.. In Pence’s view, any bite marks in his tongue are divinely ordained. Trump wouldn’t be president if God didn’t want that; Pence wouldn’t be vice president if he weren’t supposed to sanctify Trump. And his obsequiousness is his own best route to the Oval Office, which may very well be God’s grand plan.
.. “I don’t think he’s as resilient, politically, as Bill Clinton was,” D’Antonio said. “He doesn’t relish a partisan fight in the same way. He loves to go to rallies where people adore him.”
There’s no deeply felt policy vision or sense of duty to sustain him through the investigations and accusations. “If the pain is great enough,” D’Antonio said, “I think he’d be disposed not to run again.”.. It suggests callousness at best toward African-Americans. As governor, Pence refused to pardon a black man who had spent almost a decade in prison for a crime that he clearly hadn’t committed. He also ignored a crisis — similar to the one in Flint, Mich. — in which people in a poor, largely black Indiana city were exposed to dangerously high levels of lead. D’Antonio told me: “I think he’s just as driven by prejudice as Trump is.”.. he rallied behind the unhinged former Arizona sheriff Joe Arpaio. In a speech he called Arpaio a “tireless champion” of the “rule of law.” This was after Arpaio’s contempt-of-court conviction for ignoring a federal judge’s order to stop using illegal tactics to torment immigrants. The conservative columnist George Will seized on Pence’s speech to write that Pence had dethroned Trump as “America’s most repulsive public figure.”.. You can thank Pence for DeVos. They are longtime allies, going back decades, who bonded over such shared passions as making it O.K. for students to use government money, in the form of vouchers, at religious schools.Pence cast the tiebreaking vote in the Senate to confirm her as education secretary... Pence once spoke positively on the House floor about historical figures who “actually placed it beyond doubt that the offense of abortion was a capital offense, punishable even by death.” He seemed to back federal funds for anti-gay conversion therapy. He promoted a constitutional amendment to ban same-sex marriage.
“He is absolutely certain that his moral view should govern public policy,” D’Antonio told me.
.. Pence sees himself and fellow Christian warriors as a blessed but oppressed group, and his “hope for the future resided in his faith that, as chosen people, conservative evangelicals would eventually be served by a leader whom God would enable to defeat their enemies and create a Christian nation.”
.. Is America worse off with Trump or Pence?
“I have to say that I prefer Donald Trump, because I think that Trump is more obvious in his intent,” he said, while Pence tends to “disguise his agenda.”
In deploying his pardon power freely and using the Bible to justify family separation, the president is exactly the sort of ruler that Enlightenment thinkers feared.
The heartbreaking scenes on the southern border seem a world away from recent presidential pardons. Sobbing children and bereft parents have nothing in common with Joe Arpaio, Dinesh D’Souza and, most recently, the Oregon ranchers Dwight Hammond and his son, Steven, who had been convicted of arson in 2016 and whom President Trump pardoned on Tuesday. Yet both come down to a relationship between justice and mercy that has a long history — and a cautionary moral for the president.
Family separation shows justice without mercy. The pardon power displays mercy in the name of justice. The administration cites the biblical injunction to obey the powers that be as one explanation for their zero-tolerance policy on immigration. With regard to immigration, it seems, there can be no discretion. By contrast, presidential pardons show how extensive discretion can be, because the Constitution gives the president “power to grant reprieves and pardons for offences against the United States, except in case of impeachment.”
.. Most Enlightenment thinkers were uneasy about the pardoning power. The two greatest oracles for the Constitution’s framers, the French philosopher Montesquieu and the English lawyer William Blackstone, both attacked it. “Clemency is the characteristic of monarchs,”
.. The framers argued that “without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel,” as Alexander Hamilton argued in Federalist No. 74. This was particularly true in “season of insurrection or rebellion,” Hamilton continued, “when a well-timed offer of pardon to the insurgents or rebels may restore the tranquillity of the commonwealth.”
.. With the ratification of the Constitution, George Washington received an array of powers many European monarchs might have envied. The president could veto legislation — something no British monarch had done since 1707
.. He has used the pardoning power as one of his few unfettered prerogatives, in just the undemocratic way Enlightenment thinkers feared. For them, authority flowed from the people, not from God; the pardon was a residue of divine right. When Attorney General Jeff Sessions cites Paul’s epistle to the Romans to justify family separation, he not only revives an argument used to defend absolutism and slavery but also implies there is still a power above the law defined by the Constitution.
.. The president can casually exercise his discretionary power to pardon Mr. Arpaio, who abused prisoners in his care, but then claims he is powerless to end a policy worthy of Sheriff Joe himself.
George F. Will explains why he wrote that VP Mike Pence is worse than President Trump and elaborates on his use of the word “oleaginous” to slam Mike Pence in his latest column.