Enlightened Conflict

pardons and the trump equivalency trick

August 28th, 2017

laws dilbert

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“At his best, man is the noblest of all animals; separated from law and justice he is the worst.”

 

—–

Aristotle

 

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“We must reject the idea that every time a law’s broken, society is guilty rather than the lawbreaker.

 

It is time to restore the American precept that each individual is accountable for his actions.”

 

——

Ronald Reagan

 

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Well.

 

If there is one thing the Trump administration does well, really well <great just because you can Trump should notagain even> … is to find some scrap of equivalency to suggest what they have done or said is “normal.”

 

In addition, they gird their normalizing arguments with “because he can” simplistic tripe.

 

This is the Trump business mantra applied to the presidency … ‘it is technically legal & norms are irrelevant’.

 

This is the lesson that Trump appears to have ignored, the one where parents teach every child “just because you can doesn’t mean you should.”

 

Look.

 

Presidents can pardon whoever they want convicted of a federal crime … not a state crime. Technically Trump was within his ‘technical rights’ to pardon Sherriff Joe Arpaio and, literally, he wins because “the left” and Republicans’ with any sense of norms will go ballistic.

But I would suggest society actually loses on this one <as does the American legal system>.

 

In a normal world this pardon may appear in the overall scheme of things as small potatoes … but it is not. With this president it edges onto the slippery slope of a new normal <which is not normal nor desired normal>. It edges into an undermining of the justice system.

 

Hear me out.

 

2 things make me say this.dear mr president letter trump

 

How Trump gave the pardon verbally.

 

He suggested in his words that the Sheriff was just doing his job well. In other words … the laws were either wrong or the law of the land restricts people from doing their jobs. Uhm. And that the president is the judge of whether the laws are right or wrong, constricting or supportive.

The words matter just as much as the pardon itself. The words send a message with regard to how people should view laws and the legal system.

By the way … the words are as much Trump as anything we have ever seen … only he knows what laws are truly worthy and he rules his business that way. In his mind Trump is the sole arbiter of right versus wrong & legal versus ‘useless law.’

 

 

How Trump came to the pardon.

 

He offered the pardon without his Dept. of Justice. In other words … the DOJ and what they thought <or knew> was irrelevant. Process and legal minds are irrelevant … he is the law <a shiver went down my spine as I typed that>. It should be disconcerting to any and all that Trump appears to come to a conclusion about something, particularly what is legal and what isn’t, without seeking the legal process to back it up.

 

But.

 

justice statue sword fight for libertyAt the root of the issue is that a “law & order” president just pardoned a ‘law & order employee’ who … well … not only flaunted the law but broke the law of rights. The fact is he is not a law abiding sheriff if he’s disobeying a court order <let us remind ourselves that this charming fellow was a convicted sheriff, who ran sweltering, punishing jails where inmates died and was accused of targeting Latino residents … AND … during the litigation that led to his conviction for criminal contempt, he hired a private detective to investigate the wife of a federal judge hearing a case against his office >.

 

And at the root of the Trump issue <as if there is just one rotten root> is, as USA Today points out, Arpaio didn’t meet the Justice Department guidelines for a pardon. His conviction wasn’t five years old, he hadn’t expressed remorse and he hadn’t even applied to the Office of Pardon Attorney.

The day before, press secretary Sarah Huckabee Sanders said the president would follow a “thorough and standard process” in considering the pardon.

That process usually requires seven layers of review and an FBI background check.

 

 

That did not happen.

 

Past Bush ethics Chief counsel Richard Painter said:

 

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Well, I don’t see how this would have made it through any normal process.

This sheriff has been known for lawless acts for many years. I don’t think he would have lasted one week as a sheriff in my home state of Minnesota. We trump soul behavior tweet revealare a law and order state. Many places are. We favor law and order in the United States.

 

When a judge tells a sheriff to do something, the sheriff does it. That’s what law and order is all about. And if you’re in contempt of court and you’re a law enforcement official, you’re abusing your power. You should not be pardoned by the President of the United States.

 

And the message here is very clear: the President likes sheriff Joe because he likes going after immigrants. He was going after minorities. And that’s the clear message here. And I think it’s really reprehensible and I wish that something could be done about it. We gotta think seriously about whether Donald Trump is fit to be President of the United States.

 

I’ve been a Republican for thirty years and we’ve got a lot of great people in the Republican Party. Who can serve honorably in this United States government and can serve this President of the United States.

 

This is just one more stick in the eye to the minority community and to those victimized by the very few people in law enforcement like sheriff Joe who choose to use their power abusively. And choose to ignore the orders of the judiciary. And that is lawlessness. And that should not be tolerated in the United States.

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Sigh.

 

The legal system is degraded because it is politicized in the way that it looks like the president wants to do what he wants to do which, in the end, undermines the utility of the legal system overall.

 

But watch.

 

All the Trump surrogates will be flocking to the TV shows to start shaking their fists and defiantly spouting out some false equivalence to justify this non-little trump pouting tweetingnormal presidential behavior.

 

They will use scraps of truth and facts to weave a story that suggest Trump is normal, thought normally and even acted normally.

 

This is not normal and there are few fair equivalences.

 

In the most harsh view … with the pardoning of Joe Arpaio … Trump has established his place in history alongside those who exercised the same executive and dictatorial rights such as Stalin of Russia, Mussolini of Italy and Hitler <as well as Erdogan, Putin and Duterte>. That does not mean he IS them just that he is utilizing some of the same tactics.

 

To be clear.

 

While I fear that Trump and Arpaio are bigots and nationalists and authoritarians … that doesn’t make them Nazis <so I wish some people would tone down some of the rhetoric>.

It just makes them bigoted, nationalistic authoritarians. That’s bad enough and I see little value in bringing up Nazis.

 

That is a false equivalency.

 

I have said this before and I will say it until I die … the Trump presidency nor normal daysthe Trump behavior is normal and we need to stop suggesting it is normal. We should be seeking to explain and justify his uniqueness in behavior <and if we cannot then he should be penalized> but no one … and I mean no one … should be using scraps of normalcy to create a false equivalency of a larger whole normalcy to a non-normal president.

 

This is NOT normal in how we should be viewing our legal system and legal decisions.

 

Trump is certainly no Reagan but maybe we, all of us, should heed Reagan’s words in the age of Trump … we must reject the idea that every time a law’s broken, society is guilty rather than the lawbreaker.

 

testing norms and what is legal

May 15th, 2017

never too good at following rules

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“I am free, no matter what rules surround me.

If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do.”

 

Robert A. Heinlein

 

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“Rules are for children.

This is war, and in war the only crime is to lose.”

 

Joe Abercrombie, Last Argument of Kings

 

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Ok.

 

hoist the black flag rulesWe have a shitload of regulations, laws and rules to abide by every day.

 

We set out explicit rules and guidelines and sometimes these appear as laws. They are meant to showcase a red line for behavior.

 

That said, boy oh boy … we sure do bitch about how many laws we have and how many regulations are in place and how many rules we face that curb our success. The government is most likely the main villain in this story.

Most of us act like government sits around coming up with rules and laws and regulations simply to stifle freedom in our lives – personal and business.

 

It may behoove us to think a little more about why those rules, regulations and laws came about and how we still have some room to navigate which is a playing field called “norms.”

 

It may behoove us to think a little more about the fact we suck at self-regulation. In fact, when left to regulate ourselves, within a capitalist environment, the arc of behavior bends toward some fairly heinous behavior.

 

What happens is that some start pushing out beyond what most people would integrity has no need of rulestend to believe is ‘integrity driven behavior’ and with each push what is acceptable becomes broader and broader.

 

So what we have done in the past is to step in, slap the wrist of those who have bent the arc toward what is not really the best for all and then set up some regulations to insure our self-regulation has some fences to corral us.

 

That said.

 

We do have some norms.

Some ‘accepted beliefs’ for some specific roles and responsibilities.

 

It’s like we assume if you become a CEO of a business that you will not instigate any illegal behavior and you will tell the truth with regard to what you are selling & offering.

Yes there are laws and regulations but, in general, a business sets its own behavioral compass – within which there will be things unwritten but accepted.

 

 

It’s like we assume if you decided to accept the responsibility of a public servant you will share your tax returns to show how you have earned your money in the past, you assume that you will cut ties with your business to insure no conflicts of interest and you assume you don’t fire people because you don’t like them.

 

All of those things may be legal to actually do but norms suggest they are not the right things to do.

 

Norms, in my pea like brain, reside outside a buffer zone just prior to reaching one of these red lines. They are usually unstated and they are usually simply expected for those who uphold some integrity and they are usually just done by the people who truly matter.

 

Ah.

breaking rules HagyBut let’s remember … most times norms reside within what is a larger legally acceptable behavior.

Why does that happen?

Because most people who set up rules and regulations and laws desire to give people some freedom to act and make their own decisions.

 

That said … to be clear … you can do a shitload of legal things in life, business & government which when viewed honestly can look and smell really bad.

 

I have worked several times with people who have constantly suggested “but it is legal.” And 90% of the time I have felt uneasy about what we were about to do. Not that it was illegal but rather it <a> tested what I would consider a norm and <b> it was clearly in that buffer zone that got too close to the red line.

 

There will always be people who will dance on the icy brink of the red line and these same people will dance while singing “it is legal.”

 

It is a hollow song to sing and it always sounds slightly out of tune.

 

Anyway.

 

Let’s just say there are two basic types of people:

 

  • Those who see norms, and normative behavior, and see it as guidelines for right or wrong <an subsequently check laws, rules and regulations to be sure all is good & legal>. In other words behavior doesn’t have to be dictated by some rule or law but more often than not “what seem like the right thig to do.”

 

 

  • Those who see “anything that could be deemed legal”, or, conversely, “if it is not expressly forbidden than it is permissible. These people don’t ever ponder “what seems like the right thing to do” because, to them, if it is legal it is right.

 

 

People have a lot of leeway to do non-criminal bad actions.

rules do not why not

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“Look, that’s why there’s rules, understand? So that you think before you break ’em.”

 

Terry Pratchett

 

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And I tend to believe most times rules & laws are not rewritten is because people break them <because they have done their job>, It is when people start ignoring norms where rules & laws get rewritten.

As soon as enough people, or prominent people, start doing things that the norm had suggested up to that point was ‘not the right thing to do’ people sit back, shake their heads a little sadly … and say “well, I guess we need to set up some rules.”

 

I admit.

I am both a norms guy and a law/rules guy.

 

If you give me the rules & the laws I believe I can win within them. And win even without bending their interpretation.

 

If norms are established and the norms reflect ‘good’ and not ‘bad behavior’ I tend to place them right beside all the rules/laws you gave me and say exactly the same thing … I believe I can win within them.

 

following the rulesBut not everyone thinks that way.

 

Some people don’t care about ‘good behavior’ all they care about is ‘legal behavior’ <what is technically legal>. It is these people who actually create the need for rules, regulations and laws.

 

So maybe when we start bitching about all the rules, regulations and laws we have that seem to restrict some things we tend think are kind of okay to do … we shouldn’t blame the institutions which created them … we should be blaming the people who forced their creation.

They are the ones who absolutely suck at self-regulation … actually worse than most of the rest of us … and we pay the price for their behavior.

Enlightened Conflict