My kippah.

January 26, 2023

          So much has occurred since Trump’s first impeachment in December 2019 that it is easy to forget the nation’s turmoil at that time. A president had done the unthinkable: he bullied and cajoled an ally to fabricate lies about his political opponent by threatening to withhold military aid Congress had approved. The brutish effort by Trump was equal parts bribery, extortion, and corruption. Nearly every fact needed to prove the crime was recorded on audio. Trump was unfit to continue in office and was a clear and present danger to the Constitution, the rule of law, and our national security.

          But Republicans balked at holding Trump accountable. To conceal the truth and create a smokescreen for acquittal, Senate Republicans irrationally contended that the trial in the Senate was limited to the evidence and witnesses called in the House impeachment proceeding. Republicans did not argue that Trump was innocent of the charges. Instead, they claimed that his conduct did not warrant removal from office and that we should “let the voters decide” if he should be re-elected. Susan Collins argued that Trump “had learned his lesson” and would reform his ways.

          At that fraught, unstable, maddening time in our history, it felt as though the nation was teetering on edge. Into this maelstrom walked Adam Schiff, one of the lead prosecutors in the Senate trial of Trump’s impeachment charges. As lead prosecutor, Adam Schiff spoke for the nation and restored a measure of sanity and reason. He contained the madness of the moment by putting into words the insane and bewildering situation that confronted a troubled country.

          Adam Schiff’s closing argument in the Senate trial will endure as one of the great speeches in our nation’s history. A link to a 3-minute excerpt is here and should be required watching for every American: Schiff: Trump will ‘do it again’ if not removed. Schiff said, in part,

Can we be confident that he will not continue to try to cheat in [this] very election? Can we be confident that Americans and not foreign powers will get to decide, and that the president will shun any further foreign interference in our Democratic affairs. The short, plain, sad, incontestable answer is no, you can’t. You can’t trust this president to do the right thing. Not for one minute, not for one election, not for the sake of our country. You just can’t. He will not change and you know it.

We must say enough — enough! He has betrayed our national security, and he will do so again. He has compromised our elections, and he will do so again. You will not change him. You cannot constrain him. He is who he is. Truth matters little to him. What’s right matters even less, and decency matters not at all.

          Schiff’s words were prophetic. The GOP’s lock-step refusal to convict Trump emboldened him. Eleven months later, Trump began plotting a coup and planning a violent insurrection. If Republicans had heeded Adam Schiff’s eloquent plea, we would have avoided the national tragedy of the January 6^th insurrection.

          Because Schiff spoke the truth in such simple, powerful, incontestable terms, Republicans despise him. He is a constant reminder that they had a chance to stop Trump and retreated in fear. Adam Schiff offered to serve as their conscience, the voice of morality and decency in their heads that they ignored to their everlasting shame. And there is more: Schiff is a formidable adversary whose civil demeanor and calm exterior camouflage his tenacity and persistence.

          Because of Schiff’s role in prosecuting Trump and his effectiveness in exposing the depravity of Trump’s enablers, Kevin McCarthy blocked Adam Schiff from the House Select Committee on Intelligence. Schiff’s exclusion from the committee is a blow to our national security.

          The move was vindictive, venal, and petty. McCarthy promised MAGA extremists that he would block Schiff’s membership on the Intelligence Committee to garner support for McCarthy’s ego-driven quest to become Speaker. And it comes at the same time that McCarthy is placing Marjorie Taylor Greene on the committee that oversees Homeland Security. Greene has famously promoted the QAnon conspiracy theory of a Satan-worshipping, pedophile, blood-drinking cabal that runs the world. She also claims that “Jewish space lasers” funded by George Soros were responsible for massive forest fires in California in 2020. McCarthy has also appointed the “human fraud” George Santos to two committees even though Santos has admitted to pervasive lies on his resume and is credibly accused of campaign finance fraud.

          If McCarthy believes he can stop Adam Schiff from speaking the truth, he is sorely mistaken. But McCarthy’s vindictive behavior relating to a committee that has been above partisan politics for decades has rattled the moderates in the GOP caucus. See Newsweek, GOP Rep. Blasts ‘Corrosive’ Kevin McCarthy Kicking Democrats Off Committees. (GOP Rep. Don Bacon from Nebraska has said Kevin McCarthy’s decision to remove Democrats from some House committees was “corrosive.")

          If speaking unpleasant truths is grounds for exclusion from House committees, then supporting an insurrection surpasses that bar by orders of magnitude. When Democrats next control the House, it should exclude from committees every member who abetted Trump in his attempted coup.

Report on hearing on Fulton County special grand jury report.

          A judge in Fulton County, Georgia, held a hearing last Tuesday to consider whether to release the report of the special grand jury that considered the criminality of Trump’s effort to interfere in Georgia’s 2020 presidential election. Whether the report will be released is unclear, but statements made by the Fulton County District Attorney suggest that she is nearing a decision on charging four defendants with election interference. See CNN, ‘Decisions are imminent’ on charges in Trump’s effort to overturn 2020 election in Georgia, Fulton County DA says.

          In her most revealing remark, D.A. Willis said,

We want to make sure that everyone is treated fairly, and we think for future defendants to be treated fairly it’s not appropriate at this time to have this report released.

          The reference in the above sentence to “future defendants” does not bode well for Trump. We cannot prejudge the outcome, but we have reason to be hopeful. The hearing could have suggested otherwise. Stay tuned.

Why a brewing controversy over an NFL Sunday Night broadcaster matters.

          There is a controversy brewing over anti-LGBTQ remarks by an announcer on NBC’s Sunday Night Football broadcast. It may emerge in your feed in the next few days. Because it involves sports, you might skip over it. Don’t. It matters. Let me explain.

          Tony Dungy is a former head coach who is widely loved and highly regarded. He is one of the few Black coaches to serve in the NFL. Following his coaching career, he became an announcer for NBC Football, eventually earning a spot on the Sunday Night Football broadcast—the premier spot in football broadcasting.

          Dungy is a social conservative who has occasionally posted or retweeted anti-LGBTQ remarks and memes. When criticized, he has retreated to his Christian beliefs as his defense. NBC has kept him in place despite his anti-LGBTQ remarks.

          Recently, Dungy responded to an article about a bathroom bill in Mississippi by promoting an anti-LGBTQ conspiracy theory designed to mock accommodations for trans students. Dungy wrote:

Some school districts are putting litter boxes in the school bathrooms for students who identify as cats. Very important to address every student’s needs.

          Dungy’s statement was a lie and a conspiracy theory aimed at denigrating trans students. Dungy issued an apology that said,

As a Christian I want to be a force for love to everyone. A force for healing and reconciliation-not for animosity.

          Here’s the problem: Dungy is a repeat offender whose “apology” was cut and pasted from a P.R. firm crisis communication. When is enough enough? And how many times can Dungy play the, “I am a Christian get-out-of-jail free card?”

          Before you roll your eyes and ask, “Can we talk about something more important?” please consider the damage done to LGBTQ kids by attacks and smears like those promoted by Dungy. The Trevor Project | For Young LGBTQ Lives published the following statistics:

Suicide is the second leading cause of death among young people aged 10 to 24— and lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) youth are at significantly increased risk.

LGBTQ youth are more than four times as likely to attempt suicide than their peers.

The Trevor Project estimates that more than 1.8 million LGBTQ youth (13-24) seriously consider suicide each year in the U.S. — and at least one attempts suicide every 45 seconds.

The Trevor Project’s 2022 National Survey on LGBTQ Youth Mental Health found that 45% of LGBTQ youth seriously considered attempting suicide in the past year, including more than half of transgender and nonbinary youth.

          So what is the harm when “Christians” like Tony Dungy mock trans kids by promoting lies about kitty litter boxes in bathrooms for kids who identify as cats? A good place to start answering that question is by asking an LGBTQ kid about the discrimination and mockery they endure—often at the hands of adults like Tony Dungy, Ron DeSantis, and Donald Trump.

Should Tony Dungy be fired? Whatever the answer, I hope you now appreciate that the question is a serious one, not merely the latest salvo in the so-called “culture wars.”

Listen to Rachel Maddow and Rich Hasen discuss threats to elections at UCLA series.

         A reader asked me to promote an event by the UCLA Law’s Safeguarding Demoracy Project. The first event kicks off on January 26^th at 12 PM PST. Registration links and future seminars can be found here: Rachel Maddow opens spring events slate for UCLA Law’s Safeguarding Democracy Project | UCLA

 Here is the description for the first seminar:

“What ‘Ultra’ Can Teach Us About Threats to American Democracy Today”
12 p.m. to 1 p.m. PST
Conversation between Rachel Maddow and Rick Hasen

Concluding Thoughts.

My kippah.

          On Tuesday, my wife and I attended the funeral service for one of our dearest friends. She left behind her mother, sister, children, grandchildren, and a community knit together by her expansive and enveloping warmth, empathy, and wisdom. We were blessed to be part of a community she created by equal parts force of will and gentle attraction.

          I met our dear friend during the first week of law school. My wife and I were products of the Catholic educational system—grammar school, high school, university, and post-graduate studies. I am embarrassed to admit that our new friend was only the second Jewish person we had come to know on a personal level. She quickly became our closest friend. She and I were study-group partners in law school. We spent many hours sitting in a booth at the law school coffee shop between classes. Our long discussions about courses quickly turned to our respective faith traditions. She invited us to Shabbat dinner (the first of hundreds); we invited her to our tree-trimming and Christmas eve celebrations (which became an annual tradition).  

          Through our new friend, my wife and I were welcomed into a second-generation “havurah”—a circle of Jewish friends that met regularly for fellowship and discussion. In addition to regular Shabbat dinners, we attended Passover seders, closing services of Yom Kippur at the temple, and the “break the fast” meal after the High Holiday. I always borrowed a kippah to cover my head in respect when attending services or participating in celebrations at our friend’s home. She had a box of assorted kippahs embossed with commemorative dates of bar mitzvahs and weddings. I returned the borrowed kippahs at the conclusion of each event.

          When she had her first son, my wife and I attended the bris (circumcision ritual). Before the ceremony began, my friend’s mother presented me with a beautiful hand-knit kippah and said, “Here. It’s about time you had your own.” I was touched and appreciative but did not immediately understand the full extent and deep meaning of the gesture’s kindness, generosity, and inclusivity.

          On subsequent occasions, when I reached in my pocket and placed my hand-made kippah on my head, the comments transitioned from a surprised question, “You have your own kippah?”, to a simple observation, “You have your own kippah,” to a silent acceptance as the onlooker thought, “Of course, he has his own kippah.”

          I wore the kippah to many happy occasions as our respective families expanded and matured—bris ceremonies for boys, brit bat ceremonies for girls, bar mitzvahs, bat mitzvahs, and weddings. And then, inevitably, I began to wear it to funeral services for the parents who comprised the first-generation havurah. It was then that I learned of the Jewish burial tradition, where mourners perform the ultimate act of kindness by helping to bury the deceased. Each mourner is asked to place three shovels of dirt into the grave to cover the coffin. It is shocking the first time you witness the ritual. But now, with the passage of time and the sad experience of attending many Jewish funerals, the ritual seems natural and holy—a blessing and an honor to perform the final act of kindness for a loved one.

          On Tuesday, I helped to bury my dear friend. She was 65. It was, of course, an act of kindness, but one that I dreaded because of its finality. As I approached the grave, I wondered, “What profound thought is one supposed to hold in mind while helping to bury a lifelong, dear friend?” My mind was blank. No profound thoughts. All that came to mind was, “I am wearing the kippah I wore to her firstborn’s bris.” In that moment, that random thought seemed to be the opposite of thinking—my mind’s effort to create an emotional buffer by focusing on details of my action detached from their significance. “I am holding a shovel. I am wearing a kippah. I am walking away.”

          But with the benefit of reflection, I realized that thinking about my kippah at that moment was appropriate. It symbolizes the wellspring of our relationship, our mutual respect for one another’s faith traditions. The taut stitches of the kippah mirror the strong bonds of family and friends she wove into the beautiful tapestry of her life. She is gone, but I will hold tight to the kippah as a physical manifestation of her life, just as I will hold fast to the community of family and friends that is her enduring legacy and testament to the world.

Talk to you tomorrow.