Yesterday, I got to see Virgil, and give him all your greetings, which he returns. I got the Scrabble set right away, and we managed to play three full games (not keeping score, just attempting (and, with some cooperation, succeeding) to use all the letters with all actual words. That took us within 3 minutes of the end of visitation, so I’d say we did well.
Cartoon –
Short Takes –
HuffPost – Clarence Thomas Says He Was ‘Advised’ He Didn’t Need To Report Lavish Trips With GOP Donor
Quote – In a rare statement released by the Supreme Court, Thomas said he was “advised” by his colleagues in the judiciary “that this sort of personal hospitality from close personal friends” was not something that needed to be reported under the court’s guidelines at the time. The conservative justice added that it was his intent to follow new reporting rules instituted by the Supreme Court last month. Click through for details. One legal expert commented he would really like to know who so advised him (with the implication that he’d like to give them a piece of his mind.) But apparently they are all dead now (so cannot defend themselves – or call Thomas a liar. Pity.
Daily Kos (ericlewis0) – NYT: Georgia DA Willis has Notified almost 20 People They are Targets of Investigation
Quote – In Georgia, however, there is another criminal investigation of Mr. Trump nearing completion, this one also led by a local prosecutor, Fani T. Willis of Fulton County…. Her investigation has targeted a wide range of conduct centered around efforts to subvert the democratic process and overturn Mr. Trump’s 2020 election loss. Nearly 20 people are already known to have been told that they are targets who could face charges, including Rudolph W. Giuliani, Mr. Trump’s former personal lawyer, and David Shafer, the head of the Georgia Republican Party. Click through for story. There is a link to the NY TImes, but unless you have an account (free or paid, either should work) you won’t be able to get in.
I hate violence in real life. I abhor war, and hold those who use vandalism and/or assault to further their cause in great contempt, even when done for the sake of a cause I strongly support. I can understand people being angry, because I certainly do get pissed off; however, when people throw bricks through windows and set fire to vehicles, you can count me out. I am not afraid to admit that violence has tempted me, but I have always managed to canalize my angry energy towards more constructive activities, such as helping organize peaceful demonstrations, making signs, creating and sharing petitions, and contacting my elected representatives.
There is nothing wrong with getting angry. If we didn’t get ticked off over injustice, then society would not progress, and wrongs would not cease. Every societal reformer was angry. Martin Luther was angry when he wrote his 95 Theses. John Brown was angry when he staged his raid on Harper’s Ferry. Mohandas Gandhi was angry when he organized the Salt March. Rosa Parks was angry when she refused to surrender her seat on that bus. Everybody who took to the streets to protest the overturn of Roe v Wade was angry. Properly used, anger can be constructive as it helps bring about positive change.
Unfortunately, anger often leads to violence. People who feel that they are not being heard, especially when they are regularly trampled on, are often unable to squelch their brutish impulses, and thus they lash out. Look at all the violence against Israel and its allies that Palestinians have instigated.
We regard Gandhi and the Reverend Dr. Martin Luther King, Jr. as paragons of virtue because they used nonviolence to achieve their aims. We admire them because they appealed to humanity’s natural goodness and turned the other cheek. They preached nonviolence, and practiced it even when being brutalized by their wicked opponents.
On the other hand, sometimes nonviolence doesn’t work. Gandhi and King succeeded because the governments they fought against had some sense of human decency. Nonviolence didn’t stop Hitler – today we regard Neville Chamberlain as a jonquil-bellied coward thanks to his policy of appeasement, and mock his ultimately false promise of “peace in our time.” Meanwhile, we adore Winston Churchill because the latter stood up to the Third Reich and rallied the people of the United Kingdom when they stood practically alone against the Axis.
Many groups and organizations out there today preach the vile gospel of using violence against those they hate. We may have had a foretaste of things to come on 6 January 2021 when Trump’s vicious stooges carried out their violent putsch. What if they had done more damage? What if they had managed to grab the vote tallies? Would they have been able to prevent Biden’s official victory over the Tangerine Troglodyte? Several people died during the raid, and many were injured. Can we really be certain that is the last time Trump Chumps and wack jobs like Qanon will attempt something like that? Now that the Orange Ogre has been indicted and faces numerous charges, what horrid shenanigans are MAGA hat wearers plotting?
In times to come we could see more violence on the part of right-wing extremists. Conservative victories embolden them, while defeats piss them off. Just as any excuse will serve a tyrant, so any excuse will serve a hatemonger. They’ll find some justification, however thin, to open cans of whoop-ass.
And how should Progressives react? Peacefully – at first. With letters to the editor, peaceful demonstrations, contacting our elected officials, and signing and sharing petitions. However, if enough of us are hurt or even killed, if enough blood is shed, if our government representatives keep ignoring us, if the police keep taking the side of the bugnuts—
I don’t want to think about it. However, I have something to say to the conservative knuckle-walkers: A lot of the libs whom you want to “own” pack heat. And if necessary we will fight back. For your sake, and for this country’s sake, don’t push us too far.
Let us hope that we can avoid bloodshed. Unfortunately, the way this country is getting so polarized, the way the USA is coming apart at the seams, I fear that there will be blood in the streets – literally.
Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”
“Protecting the Institution of the Presidency,” in and of itself,is not a bad idea. The bad ideas come in when it becomes confused with “protecting the President at all costs,” which is NOT the same thing by any means. I don’t expect to need to explain that to anyone here, but it apparently does need to be explained to a lot of people who really should know better. And way too many of those people are in Congress and sprinkled throughout the courts. Hopefully a look at what the founding fathers ctually thought – as evidenced by what they actually said (and did) could help to clear this up a bit.
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Trump’s indictment is unprecedented, but it would not have surprised the Founding Fathers
Much has been made of the unprecedented nature of the April 4, 2023 arraignment on criminal charges of former President Donald Trump following an indictment brought by Manhattan District Attorney Alvin Bragg. But a closer look at American history shows that the indictment of a former president was not unforeseen.
What the Constitution says about prosecuting a president
Article 1, Section 3, of the Constitution says that when a federal government official is impeached and removed from office, they “shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”
In his defense of this constitutional provision, Founding Father Alexander Hamilton noted that, unlike the British king, for whom “there is no constitutional tribunal to which he is amenable; no punishment to which he can be subjected,” a president once removed from office would “be liable to prosecution and punishment in the ordinary course of law.” Trump has been impeached twice, but not removed from office.
As a scholar with expertise in legal history and criminal law, I believe the punishment our Founding Fathers envisioned for high officeholders removed from office would also apply to those who left office in other ways.
Tench Coxe, a delegate from Pennsylvania to the Continental Congress from 1788–89, echoed Hamilton. He explained that while the Constitution’s speech and debate clause permanently immunized members of Congress from liability for anything they might do or say as part of their official duties, the president “is not so much protected as that of a member of the House of Representatives; for he may be proceeded against like any other man in the ordinary course of law.”
In Coxe’s view, even a sitting president could be arrested, tried and punished for violating the law. And, though Coxe didn’t say it explicitly, I’d argue that it follows that if a president can be charged with a crime while in office, once out of office, he could be held responsible like anyone else.
The indictment of Aaron Burr
Hamilton’s and Coxe’s positions were put to an early test soon after the Constitution was ratified. The test came when jurors in New Jersey indicted Vice President Aaron Burr for killing Hamilton in a duel in that state.
The indictment charged that “Aaron Burr late of the Township of Bergen in the County of Bergen esquire not having the fear of God before his eyes but being moved and seduced by the instigation of the Devil … feloniously willfully and of his malice aforethought did make an assault upon Alexander Hamilton … [who] of the said Mortal wounds died.”
Indeed, Burr’s legal troubles were not over. In February 1807, after his term as vice president ended, he was arrested and charged with treason for plotting to create a new and independent nation separate from the U.S. This time, he stood trial and was acquitted.
The Strange case of Ulysses S. Grant
Fast forward to 1872, when the incumbent president, Ulysses S. Grant, was arrested in Washington, D.C., for speeding in his horse-drawn carriage.
The arresting officer told Grant, “I am very sorry, Mr. President, to have to do it, for you are the chief of the nation, and I am nothing but a policeman, but duty is duty, sir, and I will have to place you under arrest.”
As The New York Post recently recounted the story, Grant “was ordered to put up 20 bucks as collateral.” But he never stood trial.
20th and 21st century precedents
A little over a century later, Republican Vice President Spiro Agnew had a more serious brush with the law when he was accused by the Department of Justice of a pattern of political corruption starting when he was a county executive in Maryland and continuing through his tenure as vice president.
On Oct. 10, 1973, Agnew agreed to a plea bargain. He resigned his office and pleaded no contest to a charge of federal income tax evasion in exchange for the federal government dropping charges of political corruption. He was fined US$10,000 and sentenced to three years’ probation.
Spiro Agnew leaves a Baltimore federal courthouse on Oct. 10, 1973, after pleading no contest to tax evasion charges and resigning as vice president. Bettmann via Getty Images
Richard Nixon, the president with whom Agnew served, narrowly escaped being indicted for his role in the Watergate burglary and its cover-up. In 2018, the National Archives released documents, labeled the Watergate Road Map, that showed just how close Nixon had come to being charged.
Another occasion on which a president came close to being charged with a crime
occurred in January 2001, when, as an article in The Atlantic notes, independent prosecutor Robert Ray considered indicting former President Bill Clinton for lying under oath about his affair with former White House intern Monica Lewinsky.
Ultimately, Ray decided that if Clinton publicly admitted to “having been misleading and evasive under oath … he didn’t need to see him indicted.”
And in February 2021, after President Trump had left office, Republican Senate Minority Leader Mitch McConnell acknowledged that the former president, who had escaped being removed from office twice after being impeached, would still be legally “liable for everything he did while he was in office … We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being held accountable by either one.”
What history teaches about Trump’s indictment
This brings us to the present moment.
For any prosecutor, including Alvin Bragg, the indictment and arrest of a former president is a genuinely momentous act. As Henry Ruth, one of the prosecutors who was involved in the Nixon case, explained in 1974, “Signing one’s name to the indictment of an ex-president is an act that one wishes devolved upon another but one’s self. This is true even where such an act, in institutional and justice terms, appears absolutely necessary.”
For the rest of us, this nation’s history is a reminder that ours is not the first generation of Americans who have been called to deal with alleged wrongdoing by our leaders and former leaders.
============================================================== Alecto, Megaera, and Tisiphone, I would have liked to read something about, say, Jackson, and Harding – but since neither faced any prosecution, their stories would really not add to this article, which is about actual and potential precedent. The point is, anyone who actually cared about what the founding fathers (would have) wanted would take steps to ascertain what that acually was, would they not? Republicans today are making it pretty obvious that they don’t care.
Let me introduce you to today’s central character: Stumpy, the Forlorn Cherry Tree. It’s located with his much grander and better-known brethren at Washington’s Tidal Basin. And since this is the time of year for the National Cherry Tree Festival, I thought it’d be fun to take a look at some of the lesser-known players.
(NOTE: The above seasonal photos are by Kevin Ambrose, who has been taking pictures of Stumpy since 2017.)
Stumpy is now a hollow cherry tree found on the southeast bank of the Tidal Basin. Because of his less than ideal location, throughout the year Stumpy’s roots are subjected to flooding from the brackish tide waters of the Potomac River. This excess moisture deprives Stumpy of the oxygen it needs to survive along damaging its fine root hairs required to transfer nutrients to the tree.
To add insult to injury, in 1999 the tree was struck by lightning causing a major loss of its trunk. It now only has a rather narrow strip of bark left to transport the tree’s required nutrients.
And yet the little tree survives.
I recently acquired the Artificial Intelligence (AI) tool, ChatGPT and thought it’d be fun to see what it would produce by asking it some questions about Stumpy. So, I’m going to share the results with you.
[EDITOR’S NOTE: Anyone can have access to the Artificial Intelligence service of ChatGPT – and it is FREE. You just have to sign up for it by creating an account at:
I was blown away by what it almost instantaneously produced!
I’ll note that I did ask ChatGPT to expand on a couple of points, and I’ll just add those in italicized brackets.]
Here’s my initial experience dealing with Artificial Intelligence:
[1]
ME:
Tell me about the forlorn cherry tree in Washington, DC that refuses to die.
AI:
The forlorn cherry tree in Washington, DC that refuses to die is a symbol of hope and resilience. The tree [is a Yoshino cherry tree that] was planted in 1912 as part of a gift [of over 3,000 Yoshino cherry trees fromthe Mayor of Tokyo, Yukio Ozaki] to the United States. The tree was located on the grounds of the Tidal Basin in Washington, DC, and became famous for its beautiful pink blossoms that attract thousands of visitors each year during the annual National Cherry Blossom Festival.
Over the years, the tree has endured a number of challenges, including damage from weather, disease, and even vandalism. In 1999, the tree was struck by lightning, causing a significant portion of it to split and fall off. Despite these setbacks, the tree has continued to survive and even thrive.
The tree’s tenacity has made it a beloved symbol of hope and resilience, particularly in the wake of difficult times. In recent years, the tree has become a popular attraction for visitors seeking inspiration and solace.
In 2020, the tree faced a new challenge when it was damaged by a storm just before the National Cherry Blossom Festival. However, thanks to the efforts of a team of arborists and other experts, the tree was able to recover and continue to bloom.
In conclusion, Stumpy, the Forlorn cherry tree in Washington, DC, is a unique and beloved part of the city’s cherry blossom festival. Its struggles have made it a powerful symbol and reminder of the resilience of nature and the hope of the human spirit. Thank you for listening, and I hope you enjoyed learning about this fascinating piece of history.
[2]
ME:
What can you tell me about Stumpy – the cherry tree in Washington, DC that has won the hearts of many?
AI
Stumpy, also known as the “Forlorn Cherry Tree,” is a Yoshino cherry tree located near the Tidal Basin in Washington, D.C. that has become somewhat of a local legend and a beloved symbol of resilience.
The tree is believed to be a descendant of the original [3,000 Yoshino] cherry trees that were gifted to the United States [by the Mayor of Tokyo] in 1912, and which have since become a major tourist attraction in the nation’s capital. However, unlike its famous counterparts, Stumpy is small, stunted, and gnarled, with a twisted trunk and only a few branches.
Despite its less-than-ideal appearance, Stumpy has captured the hearts of many Washingtonians, who admire its tenacity and determination to survive despite the odds. The tree has been the subject of numerous news stories, social media posts, and even a children’s book [“Stumpy, the Cherry Tree”], and has become a popular destination for visitors to the National Cherry Blossom Festival held in Washington, DC, want to see a glimpse of its unique beauty.
Despite its numerous challenges from storms, floods, disease and pests, Stumpy continues to stand as a testament to the power of nature. It provides a unique and fascinating part of the city’s National Cherry Blossom Festival. Its gnarled appearance has made it a beloved part of the festival and its struggles have made it a symbol of resilience and hope.
Let’s enjoy some of Stumpy’s better recognized cherry tree brethren from different focal points around the Tidal Basin:
WASHINGTON MONUMENT
GENERAL PHOTOS OF STUMPY BY THE PUBLIC
MISCELLANEOUS
(NOTE: the black and white photo is from 1945)
JEFFERSON MEMORIAL
EDITOR’S NOTE: If you’re so inclined, you can donate to help protect Stumpy – or adopt another one of Washington’s famous cherry trees at the below site:
Yesterday, the radio opera was Puccini’s “Tosca,” an opera which strikes very close to home in multiple circumstances … including the circumstances the United States is currently in politically (and legally.) The title character is a beautiful, celebrated, passionate, insecure, and rather naive singer who is in love with the tenor, a political activist. The chief of police, the de facto dictator (at least of the city), who is such a jerk that Napoleon looks good to the activists, has the hots for her. He also knows her lover, Mario, is an activist, and therefore wants him dead for both reasons. There is torture, there is extortion, there is desperation, and by the end of the opera all three are dead. It’s quite a trip. It wasn’t the first opera I saw live, but I was quite young when I saw it first – about 18. It was on a Saturday. The previous evening, I had been to a get-together with the professors and other students in the Classics Department (my major.) One graduate student was kind of pushing me to accept an alcoholic drink (but I had driven to the occasion, and would have to drive home), and at one point he said, “Don’t you want to be happy?” I replied, “I am happy already,” “What?” he replied. “How dare you be happy without artificial means?” It was funny, and we both laughed, but it wasn’t so funny the next day when he had been found a suicide. I learned about it maybe an hour before I was to leave for the opera with the friend who had invited me. It really hit home. To this day I cannot see or hear or think about “Tosca” without remembering. I also can’t help loving “Tosca.”
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Short Takes –
Crooks and Liars – ‘You Bet!’: Peter Doocy Taken To The Woodshed By John Kirby
Quote – “Proud of the fact that we got more than 124,000 people safely out of Afghanistan? You bet,” Kirby shot back. “Proud of the fact that American troops were able to seize control of a defunct airport and get it operational in 24 hours? You bet. Proud of the fact that we now have about 100,000 Afghans, our former allies and partners, living in this country and working toward citizenship? You bet!” Click through. there’s a video if tou can stand Doocy’s voice – I can’t. I’m sharing this for John Kirby’s remarks. For an operation which was deliberately set up – by Trump** – to fail, there is indeed a lot to be proud of.
Democratic Underground (littlemisssmartypants) – A “brilliant story about…JustinPearson” from Tennessee.
Quote – When I was a young organizer, we would often sit in [Memphis City Schools] board meetings…. This particular night I noticed a young man who was sitting and waiting to speak…. Once he got to the podium the room completely shifted…. He challenged the Board to answer for why they had such low expectations for his school and his community…. That kid is an adult now and that adult just got expelled from our house floor making national news…. Click through for the full story. I’m not crying, you’re crying. If they hold special elections, his district – both districts – should vote them back in and keep doing so as long as necessary. And then elect both to Congress (Along with Gloria Johnson.)
