Biden reminds West Point graduates of oath to the Constitution

May 27, 2024

Hi, all. I am posting a few short notes as a follow-up to my “Memorial Day Thoughts” newsletter, dated May 25. Many of you posted remembrances of family members and friends who gave their lives in defense of our nation. The Comments for the May 25 newsletter is still open to all readers—here—if you would like to add a note honoring a veteran on Memorial Day.

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President Biden delivers commencement address at US Military Academy at West Point

On Saturday, President Biden delivered the commencement address at the US Military Academy, West Point. He delivered a 22-minute speech and then shook hands with and saluted each of the 1,036 graduates. In his comments, President Biden did not mention Trump by name or identify former military officers—some West Point graduates—who have violated their oaths to the Constitution by putting Trump above country. But he did call out their disloyalty by reminding the graduates of their duty:

And above all, hold fast to your oath. On your very first day at West Point, you raised your right hands and took an oath — not to a political party, not to a president, but to the Constitution of the United States of America — against all enemies, foreign and domestic.

Members of the Long Gray Line have given their lives for that Constitution. They have fought to defend the freedoms that it protects: the right to vote, the right to worship, the right to raise your voice in protest. . . . West Pointers know better than anyone: Freedom is not free. It requires constant vigilance.

President Biden alluded to a letter signed by more than 1,000 West Point graduates. The letter pointedly noted the effort of civilians—Trump, et al.—to use the military against US citizens. The letter said, in part,

Sadly, the government has threatened to use the Army in which you serve as a weapon against fellow Americans engaging in these legitimate protests. Worse, military leaders, who took the same oath you take today, have participated in politically charged events. The principle of civilian control is central to the military profession. But that principle does not imply blind obedience.

When fellow graduates fail to respect the checks and balances of government, promote individual power above country, or prize loyalty to individuals over the ideals expressed in the Constitution, it is a travesty to their oath of office.

President Biden’s remarks are urgently important at this moment in our history. Trump is threatening to use the US military to “round up” ten million people for deportation. It is a certainty that such mass deportations will sweep in American citizens and immigrants who are lawfully residing in the US.

If Trump orders the military to “serve as a weapon against fellow Americans,” he will violate a core limitation on the military’s mission. Let’s hope that Biden’s address to the West Point graduates will remind all members of the military that their role is to defend and protect the people of the United States, not to intimidate or attack them.

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Trump seeks Libertarian Party nomination, is booed and jeered while on stage

Trump sought the nomination of the Libertarian Party over the weekend in a speech delivered at the party’s convention in Washington, D.C. The Libertarian Party delegates booed loudly when Trump asked for the party’s nomination. Trump loudly booed at Libertarian convention when he asks attendees to ‘nominate me or at least vote for me’ | CNN Politics

Trump was booed at multiple other times during his speech. One of his few instances of applause came when Trump promised to pardon notorious criminal and political libertarian Ross Ulbricht, who created an underground website that allowed users to anonymously buy and sell narcotics, child pornography, assassination contracts, money laundering services, computer hacking services, stolen credit card numbers, and illegal weapons of every type.

In case you missed the import of the above paragraph, Trump sought the Libertarian Party nomination in exchange for pardoning a notorious criminal who facilitated extensive criminal activity, including sale of child pornography! And this is the man who Christian evangelicals want back in the White House!

After his speech, Trump was ruled ineligible for the Libertarian Party nomination because he did not submit the required application. Because, you know, Trump doesn’t believe that the rules apply to him. In other words, Trump is too anti-establishment even for the Libertarian Party.

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Concluding Thoughts

Thanks to the many readers who sent letters to Chief Justice Roberts demanding that Alito recuse himself from cases involving Trump's insurrection and election interference. If you are interested in sending a letter to Chief Justice Roberts, check out the link here: DumpAlito.com.

It appears that public sentiment is finally picking up steam and focusing on the inaction of Senator Durbin (Judiciary Committee) and Chief Justice Roberts. Professor Laurence Tribe has been leading the charge on Twitter. If you are still on Twitter, follow Professor Tribe @tribelaw. Opinion writers in major newspapers are also increasing the pressure. See, e.g., Jennifer Rubin, Opinion  What more need Alito do before Durbin gets off the stick?

In a perfect world, Chief Justice Roberts would find a way to send the case back to Judge Chutkan based on the DC Circuit’s opinion ASAP. However, there is little evidence that Roberts has the courage or leadership skills necessary to accomplish that outcome. Instead, we may be in for a rough month of decisions from the Supreme Court in which Alito plays a leading and decisive role.

As noted previously, we have yet to hear from the Court on issues involving abortion (mifepristone and emergency room care), gun safety and domestic violence restraining orders, rights of unhoused people, and presidential immunity. See Eight Supreme Court Cases To Watch | ACLU.

In a speech over the weekend, Justice Sotomayor dropped a hint suggesting that the American people should brace themselves for additional disappointment. She said,

"There are days that I've come to my office after an announcement of a case and closed my door and cried. … There have been those days. And there are likely to be more." 

Sadly, the most likely outcome is that Chief Justice Roberts will not rise to the occasion, and the arrogance of the reactionary majority will not restrain their headlong rush to implement the religious and social agenda of the Federalist Society and MAGA extremists. In other words, it will get worse before it gets better.

However, the American people are finally awakening to the threat posed by the reactionary majority on the court. Indeed, the next half-dozen opinions from the Court may be a decisive factor in helping to re-elect Joe Biden and Kamala Harris. That is cold comfort, but it is the most realistic outcome.

The good news is that prior objections to expanding the Court have melted away. Most Democrats now agree that enlarging the Court is necessary and appropriate. If we can flip the House, hold the Senate, and re-elect Joe Biden, it will take only a majority vote in Congress to add four justices to the Supreme Court. We can do that. As we suffer through a difficult month, let’s recognize that each loss will hasten the day we can finally begin reforming the Supreme Court.

Talk to you tomorrow!

Washington Monument from Eisenhower Executive Office Building 05/26/24 by Robert Hubbell