September 11, 2022

          The 21st Anniversary of the 9/11 terrorist attacks is a solemn but complicated reflection of America in 2022. It is a day of remembrance and sorrow for the victims and their families. It is a day of pride for the bravery of the passengers and crew of Flight 93 and the first responders who sacrificed their lives and health to rescue and recover victims. It is a day that echoes our past struggles, our present confusion, and our hope for the future.

          Separated by 159 years, two US presidents addressed the challenges faced by America in fighting to preserve democracy. Today, President Biden spoke at the Pentagon and stressed the need for eternal vigilance:

          It’s not enough to stand up for democracy once a year, or every now and then — it’s something we have to do every single day. So this is a day not only to remember, but a day of renewal of resolve, for each and every American, and our devotion to this country, to the principles and bodies, to our democracy. That is who we owe those who remember today.

          On September 11, 1863, President Lincoln wrote to Andrew Johnson, the then military governor of Tennessee. Lincoln addressed the challenges Johnson faced in bringing Tennessee back into the Union after its secession and recapture by Ulysses S. Grant (among others). Lincoln wrote,

          All Tennessee is now clear of armed insurrectionists. . . . Let the reconstruction be the work of such men only as can be trusted for the Union. Exclude all others, and trust that your government, so organized, will be recognized here [in DC], as being the one of republican form, to be guaranteed to the state, and to be protected against invasion and domestic violence.

          Lincoln urged that “Not a moment should be lost,” reminding Johnson that “it cannot be known who is next to occupy the position I now hold, nor what he will do.” Even amidst a civil war, Lincoln recognized that he might be voted out of office in the following year’s presidential election.

          In their remarks, Biden and Lincoln recognized that America’s continued existence depends on patriots who “stand up for democracy every day” and “can be trusted” to defend the Union. On September 11, 2001, the heroic actions of the crew and passengers of United Flight 93 served as a testament to the words of Lincoln—although they died not knowing how their actions would shape history.

          Ordinary Americans on Flight 93 defended their nation by preventing foreign hijackers from achieving their objective—crashing a civilian jet into the US Capitol. Twenty years later, American citizens attacked the US Capitol to prevent a free and fair election of the type that Lincoln stood ready to safeguard during a civil war.

          Just as Lincoln assured Andrew Johnson that the Union would protect Tennessee from “domestic violence,” we must stand ready to protect every American from the implied threat of domestic violence that laces Republican hate speech today. As ordinary Americans, we are called to do extraordinary things—sometimes without foreknowledge of the historical significance of our actions, like the passengers on Flight 93, like the 9/11 first responders, and like the Capitol Police who reported for duty on the morning of January 6th.

          The legacy of 9/11 is complicated for other reasons: the Islamophobia that followed the attacks, the wars and loss of life in foreign lands, and the emergence of the mass delusion that has seized “9/11 Truthers.” Twenty percent of Americans believe that the attacks on 9/11 were an “inside job” perpetrated by the US government. They have become fertile ground for conspiracy theories that now threaten our constitutional framework.

          The anniversary of 9/11 reminds us that there is no “harmless” conspiracy theory because each lunacy makes it easier for the next to take root. It is a short hop from the “faked moon landing” to “rigged elections.” Unblinking dedication to truth and reality is the bedrock of democracy. We cannot put that compass aside, or we shall lose our way.

          We must make 9/11 more than a day of solemn remembrance. We must make it a day of renewal, redemption, and action. Two years ago, on September 11, 2020, our first granddaughter was born. Since then, 9/11 has taken on a new meaning. My wife and I see 9/11 as a sign of new life and future hope. But the future we see for our granddaughters will be realized only if we respond to the call of Lincoln and Biden: We must defend democracy every day without fail or hesitation.

In the words of Lincoln, “Not a moment should be lost.” As in 1863, as on 9/11, and as on January 6th, our nation is calling for our help. We must respond with urgency and unity of purpose.

Chief Justice John Roberts defends the legitimacy of the Supreme Court.

          John Roberts attempted to defend the legitimacy of the Supreme Court by saying,

          Simply because people disagree with opinions is not a basis for questioning the legitimacy of the Court.

          Roberts’ statement is disingenuous, to say the least. The legitimacy of the Court is under fire because (a) two of the Court’s justices were appointed by illegitimate processes, and (b) the Court’s reactionary majority has abandoned precedent and substituted result-oriented reasoning to implement the social and religious agenda of the Federalist Society (and its overlords).

          On the first issue—the illegitimacy of the appointments of Gorsuch and Barrett—I recommend the following exchange between Al Franken and Alice Stewart, a CNN commentator and Republican strategist: Al Franken Battles Alice Stewart On Integrity of SCOTUS (mediaite.com). Invest three minutes watching this clip; it will remind you once again why expansion of the Court is necessary to reclaim its legitimacy.

          I don’t have the time tonight to cover the reactionary majority’s culture-driven jurisprudence. But I highly recommend (again) an essay by Professor Laurence Tribe that deconstructs Dobbs and eviscerates the “deeply rooted” sham analysis adopted in Alito’s opinion: Deconstructing Dobbs, in The New York Review of Books.

Signals in the noise.

          “Experts” continue to claim that Republicans have a better than even chance of taking control of the House. I continue to believe that it is too early to rely on polls in light of the dynamic political situation. An article in Politico caught my eye because it illustrates the “enthusiasm gap” between Democrats and Republicans.

          Politico reports that the GOP donor pool is shrinking heading into the midterms—a development that bucks historical trends. See GOP donor pool unexpectedly shrinks as midterms near - POLITICO. Two facts stand out. First, as the number of Republican donors has decreased slightly, the number of Democratic donors has increased dramatically. Second, Democratic online donors outnumber Republican online donors by 2.5 to 1.

          There may be technical or non-obvious reasons for both observations noted above. But a simple explanation is that Democrats are more motivated and enthusiastic about the upcoming election and are speaking with their pocketbooks. That explanation has the virtue of “truthiness” (as Stephen Colbert would say). While we shouldn’t deceive ourselves with “just so” stories, I would be interested in hearing why the above statistics are a good sign for Republicans!

The Mar-a-Lago search update.

          Trump’s lawyers must respond on Monday, September 12th, to the DOJ’s motion to stay Judge Cannon’s order relating to 100 classified documents. Most importantly, Trump must explain (a) why he has any interest in documents marked “classified” and (b) why the special master must review those documents. It is possible but unlikely that Trump will claim that he “declassified” those documents.

          One aspect of the saga before Judge Cannon continues to confuse me. Judges make decisions based on facts and evidence. To date, Trump has not submitted a single declaration explaining how Trump came into possession of the documents or why he has any possessory rights to the documents. Instead, his lawyers have merely made unsubstantiated legal arguments.

          On the other hand, the DOJ has submitted multiple declarations that set forth evidence based on first-hand knowledge of witnesses explaining why Trump has no such interest in the documents. I believe most judges would simply deny Trump’s claims for failing to provide any evidentiary support for his requests for relief. Judge Cannon’s continued “special treatment” for Trump is inexcusable.

Concluding Thoughts.

          Twenty-one years ago today, Americans were more united than they had been in half a century. We are a contentious lot, but the lesson of 9/11 is that underneath the surface, most Americans share a common devotion to our nation. In times of crisis, that devotion rises to the surface and overwhelms the political differences that divide us day-to-day. While unfortunate that it takes a national tragedy for our unity to emerge, that fact should give us solace as we face new challenges in the future.

          Talk to you tomorrow!