9 November 2024
How can so many Americans be so stupid?
Abraham Lincoln famously said “You can fool some of the people all of the time, and all of the people some of the time, but you cannot fool all of the people all of the time.” What last week proved is that, in practice, you only need to fool enough of the people once every four years so let’s hope that those who weren’t fooled will be able to salvage what’s left of America’s dignity.
Before the final result was known, Wednesday’s Daily Mail headline read “Tinderbox America on knife edge”, but only because they couldn’t find a third metaphor to mix in.
Perhaps we wrong Donald Trump. Perhaps he won’t be as bad a president as he was last time and will have learnt from his mistakes. Perhaps those of us who don’t actually know the man and have to rely on what the media tell us, everyone from GBNews to the Morning Star, should just stop worrying.
What we mustn’t forget is that America’s ultimate arbiter of the law is a group of politicians called the Supreme Court whose decisions are based on the policies of their party leader rather than the law.
We know, for example, that Trump has been convicted by a civil court for what I hope we Brits would call Grievous Bodily Harm rather than “sexual assault” (remember that some men still think rape is a sexual crime rather than the vicious and violent bodily assault it really is).
He has also been barred from doing business in New York after being convicted of 34 felony counts of falsifying business records. He actively encouraged the invasion of the Capitol Building by a bunch of right-wing thugs on 6 January 2021 (result: 5 dead, including a police officer), and he is still facing other felony charges.
There is a widespread belief that, once he takes office, he will pardon himself of everything he’s ever done wrong (thereby implicitly admitting his guilt) and instruct his Attorney General to drop all outstanding charges against him, knowing that the Supreme Court, with its Republican majority, will support him.
However, it is still unclear whether presidents can pardon themselves. The Constitution itself doesn’t forbid it, possibly because, in those pre-Trumpian days, it was unthinkable that a president would ever do anything that they would need to be pardoned for. While the Constitution was being drafted, somebody suggested that presidents should be specifically prohibited from pardoning themselves for treasonable activity but it was agreed that a president committing treason could be impeached, removed from office and prosecuted, so the question wouldn’t arise.
The Constitution’s power of pardon is basically limited to federal crimes and a president can’t pardon offences against state laws so Trump couldn’t pardon himself for the 34 counts on which he was found guilty in New York.
Perhaps Trump will make a 28th Amendment to the Constitution to change this …
It could be argued that presidents should be allowed to pardon themselves for actions taken in good faith in their capacity as president even if the actions were subsequently found to be illegal but there can be no possible justification for pardons for actions carried out in a president’s personal capacity (and ‘good faith’ is not a phrase that fits comfortably into the same sentence as ‘Donald Trump’).
For example, if a president committed rape, this was carried out by the person, not by the president who swore an oath to uphold the law when they were inaugurated.
The Supreme Court (6 Republicans and 3 Democrats) moved closer to the former limitation this summer when they issued a majority ruling (6 for, 3 against, surprise surprise) that former presidents are immune from prosecution for official actions, although they fudged the issue by extending the immunity to the “outer perimeter” of his office.
If personal crimes were included, Trump could commit murder on 19 January 2025 and pardon himself after being inaugurated on the following day.
However, Trump said in September in an NBC ‘Meet the Press’ interview with Kristen Walker that it is “very unlikely” he would pardon himself because he has done nothing wrong. He also said in 2021 “The last thing I’d ever do is give myself a pardon.”
So that’s OK then. Secure in the knowledge that a proven liar has said he would never pardon himself, we can look forward to other things, like a federal law banning abortions in all states, even if the foetus is dead, or after rape, or for children under the age of legal consent; a mandatory death sentence for capital crimes; jailing political opponents and deporting foreign migrants (goodbye Melania); disenfranchising women; outlawing LGBTI+ people; exercising dictatorial powers; trashing the myth of climate change; and making the beauticians who wax his combover and dye his face orange ex officio senators.
But what are real Americans like? One of those thingies that go viral on the internet is a recording made by a doorbell camera in Detroit. It shows a woman asking her Muslim neighbour how she should wear a headscarf correctly at a funeral to be held in a mosque.
The neighbour, Rahab Almohammed, demonstrated the process step by step with her own headscarf and then gave the woman the scarf, saying “You can keep that because I’ve got a million at home.” The mutual respect shown in the video is heart-warming and I would like to think that most real Americans are like that.
More good news appeared in an interview with Liz Hurley who was asked what laws or changes she would make if she were in charge. She replied “I’d ban prison sentences for white-collar criminals and make them give back to the community instead – imagine if Lester Piggott had had to spend years teaching inner-city kids to ride horses. And I’d lock up violent criminals for longer.”
Perhaps she’s been reading Lesser Mutterings?
