Save the Grand Old Elephant Party

Published by PolisPandit on February 23, 2020February 23, 2020

Elephants never forget. They may not have the greatest eyesight, but they never forget a face. In these abnormal times, the elephant of the Grand Old Party is suffering from a Trumpism induced ailment of amnesia. No longer a party of limited government, fiscal conservatism, and family values, the once steadfast grand old elephant sold its soul to become the party of Trump. The same elephant that once stood as a symbol of strength for the Republican Party now only exists to do Trump’s bidding, with complete disregard for the rule of law, American institutions, and morality.

Some time ago I wrote about how I could no longer identify as a Republican. This article predated Trump’s impeachment and a host of other actions by a President with clear dreams of dictatorship and a distaste for democracy. It is refreshing, at least, to see that other former Republicans share similar thoughts, leading to their creation of the Lincoln Project. Initiatives like this one are a start, but it will take a far more concerted effort for these thoughtful conservatives to beat their authoritarian acquiescing colleagues at the ballot box.

The acquiescence and apathy of Congressional Republicans, particularly under Mitch McConnell’s leadership in the Senate, is frankly terrifying for the current state of democracy in America. No administration in history has been permitted to ignore subpoenas, act with impunity, and unduly influence the Legislative and Judicial branches of government like this one.

This article is a plea to those Republicans that help facilitate this behavior and empower this demagogue of a President. It also aims to remind all of us why the rule of law matters, why American institutions matter, and why baseline morality – a previous Republican platform hallmark – is important for a thriving democracy. The only way to save this grand old elephant is if the party’s caretakers are willing to save themselves.

The Rule of Law Matters

The first day of my Political Science 101 course as an undergraduate went something like this:

“Class, throughout this course you will study many topics and cram all types of information into your head, especially as you prepare for the final exam at the end of the semester. I would venture to guess that most of you will forget 90% of what you’ve learned in this course five years from now, and maybe sooner for some of you. But if there is one thing I want you to always remember it is this – the rules of the game are important. Any democratic government or society that does not take them seriously fails to survive. The rules of the game are important.” 

– Professor, Political Science 101

I never forgot that point. At the time I did not know quite what it meant, or what my professor was trying to convey. What rules was he talking about, and what game?

It eventually became clear that my professor was referring to the “Rule of Law.” This is the principle that the law is supreme and no one person is above it, regardless of whether you are the President or a minimum wage worker. The most important aspect of the Rule of Law is that “people in positions of authority should exercise their power within a constraining framework of well-established public norms rather than in an arbitrary, ad hoc, or purely discretionary manner on the basis of their own preferences or ideology.” Political office is therefore bigger than any one person. The same rules must apply regardless of party affiliation.

When the rules of the game cease to apply equally across the governors and the governed, societies descend into authoritarian or imperialistic rule. In these cases, power often shifts away from the people and into the hands of tyrants or “dictators for life” like Julius Caesar or in modern times, Xi Jingping. These leaders live above the law. Consequently, society shifts from representative democracy to centralized imperial authority, with all power consolidated in (typically) one ruler. This is what happened in Ancient Rome after Caesar marched on the city, defeated his chief political rival Pompey, and appointed himself dictator for life. It is also what inspired a group of senators to conspire and assassinate him. Rome was never the same.

In many ways the United States of America has already become Ancient Rome. While I loved exploring that beautiful city, I do not wish Rome’s fate on America, arguably the most successful and enduring democracy the world has ever seen. Democracy, however, takes work. It cannot be taken for granted. The people must demand that government enforces the rules of the game equally, both against the people and more importantly, against itself.

The Trump administration and Senate Republicans have failed to hold themselves to the same standards they would expect of anyone else. Can you imagine the Obama administration ignoring subpoenas in the way the Trump administration did? There are limits to national security interests and executive privilege, but not according to Republicans in power. They would argue that any communication involving the White House is subject to “absolute immunity”, even when Supreme Court precedent (United States v. Nixon) rejected that notion and held that this privilege is “qualified.” Fundamental demands of due process of law and the fair administration of criminal justice are interests that may outweigh any President’s interest in the confidentiality of his own communications.

The party of Trump does not see it that way. Their unitary vision of the Executive Branch is more akin to supporting a King than a democratically elected President. This vision puts the President above the law and shields him from indictment, even if, for example, he were to shoot someone on New York City’s Fifth Avenue.

Taken to another extreme, it also permits the President to solicit foreign interference in a U.S. election for his own personal gain. In Alan Dershowitz’s contorted and misguided opinion, “If a president does something which he believes will help him get elected in the public interest, that cannot be the kind of quid pro quo that results in impeachment.” Interpreting this to its logical limits, Presidents could take any action against their political opponents so long as they personally believed it was in the “public’s interest.”

It is true that Presidents for years have asked foreign powers for favors, but in none of those cases was there evidence to suggest they solicited foreign investigation into political rivals in exchange for some U.S. government benefit. The Republican party, through its apathy and acquiescence, has sought to legitimize that behavior, putting party over country and the rule of law.

American Institutions Matter

I. Senatorial Checks and Balances

The party of the elephant has also made a concerted effort, or at a minimum acquiesced, in weakening American institutions. Republicans initiated this strategy in full force when refusing to vote on Merrick Garland’s Supreme Court nomination. President Obama had nominated Garland on March 16, 2016, about six months prior to the next presidential election. However, in McConnell’s view, “It is a president’s constitutional right to nominate a Supreme Court justice, and it is the Senate’s constitutional right to act as a check on the president and withhold its consent.”

Nowhere in the legislative history of the U.S. Constitution is there a shred of evidence that it may be appropriate for the Senate to withhold consent for a Supreme Court justice nominee. Yet McConnell and others on the Senate Judiciary Committee at the time attempted to subvert the traditional processes of a once revered American institution and create their own arbitrary supreme law of the land. Of course, McConnell and his cronies pointed to their contrived “Biden Rule” as a basis for the decision. Although Vice President Biden (then in the Senate) did make a speech about not nominating a Supreme Court justice in June of 1992 (an election year), there was no Supreme Court vacancy at the time and there was no nominee to even consider.

McConnell may have once viewed the Senate’s role as a “check on the president” when Obama was in office, but his actions made a diametric shift when Trump entered the White House. At no time was this egregious decay of institutional checks and balances more apparent than during Trump’s impeachment trial. Article 1, Section 3 of the U.S. Constitution gives the Senate the “sole Power to try all Impeachments.” Instead of actually “trying” Trump – i.e., prosecuting him in an independent, impartial, and objective manner as typical prosecutors would – McConnell publicly stated they were in “total coordination” with the White House.

Mitt Romney was the only Republican Senator to take his oath of “exercising impartial justice” seriously. He even expressed how difficult it was not just to “go with the team.” Unfortunately, all other Republican Senators chose to willfully ignore this oath and the demonstrable evidence against Trump of abuse of power and obstruction of Congress, damaging the institutional legitimacy of the Senate as an independent check on executive power.

II. The Not So Independent Judiciary

Trump’s Republican party has also worked to compromise another pillar of American institutional democracy: an independent judiciary. In order to administer the rule of law impartially, judges must be independent from the undue influence of those who make and enforce the laws (i.e., the Legislative and Executive branches). Of similar importance is the independence of prosecutors, particularly in the Department of Justice, to bring charges grounded in law, not political ideology.

Trump’s recent interference in the Roger Stone trial, while proceedings were still ongoing, was a glaring example of the slow decay of America’s independent judiciary. He even attacked the jury and suggested he would use his pardon power to exonerate Stone. The federal judge in the case called Attorney General William Barr’s efforts to interfere and reduce a sentencing recommendation from career prosecutors “unprecedented.”

The truth still exists; the truth still matters. Roger Stone’s insistence that it doesn’t, his belligerence, his pride in his own lies are a threat to our most fundamental institutions, to the foundations of our democracy. If it goes unpunished, it will not be a victory for one party or another. Everyone loses. . . .

U.S. District Judge Amy Berman Jackson

In the wake of Trump and Barr’s efforts to intervene in Stone’s sentencing, more than 2,500 former Department of Justice employees (from both Republican and Democratic administrations) signed an open letter condemning them. The letter called for Attorney General William Barr to step down. It reflected the shock of professional prosecutors who stressed that “it is unheard of for the Department’s top leaders to overrule line prosecutors” and “it is even more outrageous for the Attorney General to intervene as he did here — after the President publicly condemned the sentencing recommendation that line prosecutors had already filed in court.”

Of course, the willful blindness of some of Trump’s supporters retorted that Andrew McCabe, “Crooked Hillary”, and James Comey did not receive “equal treatment” under the law. They were never charged with a crime, so how can justice be impartial? This argument falls flat on its face when considering that the Department of Justice under Trump and Barr has had ample opportunity to charge each and every one of these people. They have declined to prosecute. If career prosecutors lack confidence in proving their case beyond a reasonable doubt, they will not to bring charges.

Governments that use the enormous power of law enforcement to punish their enemies and reward their allies are not constitutional republics; they are autocracies.

– DOJ Alumni Statement

In order to save the grand old elephant, the law must be administered impartially and independent from political ideology. Interference from other branches of government compromises the integrity of American judicial institutions. Especially in the context of Trump’s recent pardon spree, it is clear that Trump’s idea of justice is not impartial and objective, but tilted toward friends of his Republican party or whoever Fox News (or Kim Kardashian West) mentions. This hyperpartisan ultra vires approach not only has irreparable consequences for the grand old elephant, but for American democracy itself.

What Happened to Morality and “Family Values”?

The grand old elephant used to espouse morality and family values. Loud and proud. Trump tore that tradition apart. Violently. And the grand old elephant followed. Whether it was supporting Roy Moore (accused of sexual misconduct against teenage girls), enabling the Saudi cover-up of Jamal Khashoggi’s murder, or befriending seemingly every autocratic leader in the modern age, Trump has thrown morality out the West Wing window.

America used to set the moral baseline around the world. The same party that demanded the liberation of East Germany and participation in international institutions like NATO, now acquiesces when Trump panders to autocrats and pulls U.S. foreign policy into increasing isolation. The same party that used to be Russia’s biggest critic, now warmly embraces the Kremlin.

I think we should probably take the side of Russia if we have to choose between Russia and Ukraine.

Tucker Carlson, Fox News Host

It would have seemed unfathomable only four years ago that the United States would have friendlier relations with North Korea (Kim Jung Un), Brazil (Bolsonaro), and India (Modi), than it does with Western European democracies (Germany, France, etc.). Authoritarian-leaning leaders must flock together.

In addition to the questionable shoulder-rubbing with autocrats, Trump as a “person” presents similar concerns. The same man who proudly says he “grabs [women] by the pussy” has been endorsed by numerous Christians (Evangelicals included) across the country. How Christians reconcile the man with no moral compass and their religious values should boggle any reasonable mind. The only logical conclusion is willful blindness – these Christian groups make intentional efforts to ignore Trump’s corruption, greed, and angry contempt for people who simply disagree with him. What would Jesus do? Not support Trump, that’s for sure.

Yet here we are, grand old elephant. The man who has subsumed the Republican party now threatens further damage to American democracy should he win reelection later this year. You have a choice, along with all Americans. This is not to say Trump has been completely awful – it is refreshing to see someone hold China accountable, finally – but the complete mosaic of this man is filled with fear and hate, while the U.S. Constitution and Declaration of Independence are filled with hope and the pursuit of happiness. Even if you agree with some of his policies, how can any morally sane person agree with his principles?

It is one thing to question outdated traditions and challenge allies to pay their fair share in international agreements. It is a completely different matter when a President undermines the rule of law by putting himself above it and compromises the independence of the Judiciary by questioning judges and juries. In these moments he ceases to act like a President. He instead self-coronates himself as King. Meanwhile, spineless Republican Senators watch in fear that their jobs will be lost should they counter him.

Trump may likely prevail once again in the November 2020 election. The Electoral College (speaking of outdated traditions) will likely work in his favor and nobody in the Grand Old Party of the elephant is likely to stand in his way. One thing is for certain – he will forever be an impeached President. And for legitimate reasons. The history books, like the elephant, will never forget.