The desperate hours

The desperate hours

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Illustration by Carl Muecke.

The resignation of Defense Secretary Jim Mattis moves us into a dangerous new phase of Donald Trump's illegitimate presidency.

I've asked several people who worked in the field as to whether Trump could use the launch codes carried by an aide in the "football" to unilaterally unleash thermonuclear armageddon. The answers are mixed. We do know that at the worst of the Watergate scandal, Defense Secretary James Schlesinger required that any launch order from President Richard Nixon go through him or Secretary of State Henry Kissinger first.

Mattis was our Schlesinger. I never subscribed to the "adults in the room" theory or the "principled conservatives" in the administration working secretly to undercut the worst of Trump's impulses. I come from the older American tradition that doesn't worship people merely because they have stars on their epaulets. Mattis moving directly from being a four-star Marine general to a cabinet post discomfited me (only the uniquely upright George Marshall had done so before). Still, I understood his duty-bound motive. And soon he'll be gone.

Remember, just after the 2016 election when I warned you that things would be worse than you could imagine? I was right, but we're not even halfway down the express elevator to hell. With the Mueller investigation closing in, co-conspirators flipping, the New York Attorney General, and U.S. Attorney from the Southern District in New York — all these probes tightening the web on the Don and his family… He's capable of anything.

National suicide…really?

[UPDATE] The answer is yes. Join the open thread on the comments to discuss the election results.

Are you really going to do it, America? Give control of the Senate to The Party That Wrecked America?

If the polls are to be believed, the answer is "yes." It is true that polling undercounts Democratic votes. But the indications are not good. Consider that in Colorado, incumbent Gov. John Hickenlooper is trailing a full bore Krackpot who claims the IUD is an abortion device.

Andrew Sullivan wrote an interesting post on the midterms. Among his comments:

Republican candidates have made this election about (President Obama), while most Democrats (as is their wont) are running fast away; the GOP itself remains, however, also deeply unpopular; wrong-direction numbers are at a high. No great policy debate has defined these races, and when such issues have risen – such as illegal immigration or the ACA – they tend to be virulent reactions to existing law or proposed changes, rather than a constructive, positive agenda. I see no triumph for conservative or liberal ideas here, no positive coalition forming, no set of policies that will be vindicated by this election.

Between the lines

At the risk of causing apoplexy among some readers, let me make a confession: I'm ambivalent about so-called birthright citizenship. This is a cause celebre among many conservatives. As the New York Times reports, "Arguing for an end to the policy, which is rooted in the 14th Amendment of the Constitution, immigration hard-liners describe a wave of migrants…stepping across the border in the advanced stages of pregnancy to have what are dismissively called 'anchor babies.' ”

They have a point. As Jack Rakove writes in his indispensable The Annotated U.S. Constitution and Declaration of Independence, the writers of the 1868 14th Amendment were entirely focused on the end of slavery and Reconstruction. First, they wanted to reverse Dred Scott, which held that even free African-Americans were not citizens; second, they wanted to give constitutional authority for the Civil Rights Act of 1866 and its efforts to prevent the old Southern ruling class from keeping the freedmen in serfdom (Jim Crow killed that ideal for a century). Yet I'm not thinking so much as an originalist as someone who believes the framers intended the Constitution to be malleable enough to change with the times. Neither they nor the writers of the 14th Amendment envisioned an overpopulated Third World country on our border, or our unthinking and venal appetite for its cheap labor.

We owe something to the immigrants we have exploited, particularly in Arizona and the Southwest (the anti-illegal immigration forces would deny even that). I'm just not sure citizenship for their children should be part of it. It's one of many areas that I come down between the battle lines that are neatly drawn by talk-radio ideology.

Contempt for the Constitution

On page A-21 of today’s New York Times and deep inside its Website is the day’s most consequential story: Karl Rove being subpoenaed to testify before the House Judiciary Committee about his involvement in the political prosecution of Alabama’s former Democratic governor and the firings of U.S. attorneys.

The onetime Bush political boss appears to have been deeply involved in the illegal and unethical acts. And of course he is refusing to testify. He may be held in contempt of Congress like his former colleague Harriet Meirs. The Bush Justice Department will refuse to prosecute the case. And the clock runs out.

Indeed, the clock is running out on American democracy. The United States Congress has only a little time to reassert its constitutional powers or the America we once knew is dead.

Unfortunately most of the media treat this as a minor tit-for-tat political story, which is exactly what the radical right wants.