One Citizen's Commentary on Current Events

Month: January 2021

The Devolution of our Democracy

Originally Posted on Facebook on January 7, 2021

I have been thinking about what happened yesterday in our nation’s capital. Opinions and terms thrown around in the mainstream media and on social media to describe the events and characterize the role people played have been swirling around in my mind.

Not to be debated, the violence that occurred yesterday in our nations capital was abhorrent…a disgusting display of mob mentality. I, at a distance, was viscerally sick to my stomach and frightened. I can only imagine the fear that our representatives felt while their persons were under assault. The violence must be condemned in no uncertain terms. What happened yesterday was an assault on our democracy as protestors, turned insurrectionists, sought to interfere with a legitimate democratic process to debate the validity ( no matter how ill conceived) of the recent election in a few states…a peaceful, ordered and constitutional debate by our representatives that has taken place in prior elections…none of which occasioned the violence we saw yesterday.

News reports this morning suggest that the crowd had been infiltrated by a few anarchists bent on fomenting the violence (pipe bombs have been found indicating premeditation) that occurred yesterday, similar to protests over the past summer. The difference was that instead of covering their face with black masks to hide their identity they hid in a crowd in the bright light of day and wrapped themselves in the American flag. That in no way excuses the rest of the crowd that followed their lead.

People, in discussing the role the President played yesterday, are throwing around terms like treason and sedition and suggesting that the President incited the violence and should thus be held accountable. It is true that the President incited people to protest what he characterized as a stolen election. But, objectively, “inciting people to protest” is not the same as “inciting people to commit violence”.

The difference between the two has been adjudicated by the Supreme Court in varying free speech cases brought before it over the years. More specifically, “in Brandenburg v. Ohio, 395 U.S. 444 (1969), a landmark decision of the US Supreme Court interpreting the First Amendment to the U.S. Constitution, the Court held that the government cannot punish inflammatory speech unless that speech is “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” Again, inciting people to protest, a protected constitutional right, is not the same as inciting them to commit violence.

Some are also calling the President’s actions ”seditious”. Sedition is defined as inciting or causing people to rebel against the authority of a state or monarch. There is no doubt the President incited people to protest and that he encouraged his proxies through the legislature to use any constitutional means available to overturn the election. That is, however, a far cry from sedition which by definition speaks to overthrowing a government outside of a constitutional construct. No matter our disgust with the President’s demeanor and what happened yesterday we need to be careful with the words we use to describe what took place or to characterize a person’s intent. Words have meaning. Which brings me to the issue of personal responsibility.

As we lament the death of four protestors yesterday, one who was shot by security personnel and the others due to medical emergencies, some have laid sole responsibility at the President’s feet. (For sure he is responsible for fostering the environment and creating the opportunity for the violence which occurred and he should be condemned for that.) They seek to excuse these individuals’ personal responsibility for their own fate by saying their judgement was co-opted by the President’s rhetoric. That is insulting to these individuals’ intelligence and personal motivations. The one individual who was shot was previously a member of the military. No one can reasonably assert that she did not know that storming the Capitol, destroying government property and, in effect, threatening the safety and lives of our elected representatives was going to result in anything but the possibility of a violent confrontation with those charged with protecting our seat of government and our legislators. Her unfortunate lapse in judgment is no one’s fault but her own.

The past four years have been divisive. Responsibility for that divisiveness falls on all of us…it certainly includes the media, our elected representatives, and the President. No one is without fault. Simply pointing the finger and blaming others abdicates our own responsibility and is simply disingenuous. We should be able to engage in debate around issues, without it devolving into personal attacks and rancor.

Our collective behavior over the past four years has created the environment and opportunity for those who seek to create chaos to insert themselves into the body politic and threaten our republic. We can and must do better as we move forward. If we cannot or simply choose not to, we risk our democracy and the future of our children and grandchildren.

Biden’s Covid-19 Operational Plan is Really the Trump Administration Plan Repackaged and Repurposed

January 22, 2021

Yesterday newly elected President Biden announced his plan for battling the Covid -19 virus.

Based on his announcement he would have us believe that he and his administration were left with no plan of action by the Trump Administration.  Of course this is patently false as was confirmed by Anthony Fauci at a White House Press Conference when he said “We’re certainly not starting from scratch, because there is activity going on in the distribution.” 

One only has to go to the CDC website and review the COVID-19 Vaccination Program Operational Guidance that is posted to confirm there was indeed a plan (https://www.cdc.gov/vaccines/covid-19/covid19-vaccination-guidance.html) …one which provides a state by state operational strategy that was coordinated by the federal government with each state. So when Biden says there was no plan what he really means is that it is not his plan.

But is his plan really his plan?

Included in his announced plan was a pledge that among other things he would invoke the Defense Production Act to increase the supply of vaccine. Again, the Biden White House and the general mainstream media would have us believe that this is the first time the Defense Production Act was invoked during this crisis.  In fact, President Donald Trump used his executive authorities under the Act as early as April last year and in multiple other instances throughout the year to, among other things, generate N-95 respirators, ventilators, and boost testing resources, as well as other vital supplies.

An article in today’s New York Times, “Biden Inherits a Vaccine Supply Unlikely to Grow Before April,” further points out that the Trump Administration had already made arrangements and entered into contracts with various pharmaceutical companies to purchase ever increasing amounts of vaccine and that these companies had already ramped up production to maximum capacity.  

As quoted directly from the article, “The Trump Administration had already invoked the Defense Production Act to force suppliers to prioritize orders from Pfizer, Moderna, and other vaccine makers whose products are still in development.” The article goes on to say “Health officials said it was unclear how the new administration could use the law beyond that to boost production.” One should also note that these pharmaceutical companies are making vaccines for the world, not just the United States, and we have no claim on the totality of what they produce beyond the contracts we have entered into with them.

Another heralded initiative in the Biden plan is working to establish relationships and set up arrangements with retail pharmacies to administer vaccines at the local level. In fact, this was already being done.

As noted in Drug News (11/12/2020), an industry newsletter, “several leading pharmacy chains and independent pharmacy networks are working with the Department of Health and Human Services to expand access to future COVID-19 vaccines. The agency, via the Centers for Disease Control and Prevention, announced the second phase of its Federal Pharmacy Partnership Strategy for COVID-19.  Pharmacies participating in the federal allocation program are: Albertsons, Costco, CPESN USA, CVS Pharmacy (including Long’s Drugs), Good Neighbor Pharmacy and AmerisourceBergen’s Elevate Provider Network, Health Mart, H-E-B, Hy-Vee, LeaderNet and Medicine Shoppe, Managed Health Care Associates, Meijer, Publix, Good Lion, Giant Food, Giant, Hannaford, Stop & Shop, Rite Aid, Kroger, Publix Super Markets, Topco Associates, Walgreens, Walmart, Winn Dixie, Harveys and Fresco y Mas. The chains involved in the partnership represent roughly 60% of the pharmacies in the 50 states, District of Columbia, Puerto Rico and the U.S. Virgin Islands, according to HHS.

So in reality Biden’s plan is just a repackaging and repurposing of all the work done by the previous administration. Some might even say plagiarizing.  But then again that is nothing new for Joe.

If American citizens are to get behind this new administration they at least deserve honesty which is supposedly what had been lacking in the prior administration.  They are not off to a good start.

The Delicate Balance of Covid-19 Vaccine Production, Distribution, and Administration

January 21, 2021

It has been 42 days since the FDA authorized the first emergency use authorization for the Covid-19 vaccine (December 11, 2020) and 39 days since the first vaccine was administered to a United States citizen (December 14, 2020).

Since that time the federal government, through its partnership with pharmaceutical manufacturers, has delivered 36 million doses to states and territories of the United States, on average about 1 million doses a day.  Of that number, the CDC reports that some 14.3 million people have received one dose of the vaccine and 2.2 million have received the prescribed two doses – a total of 16.5 million doses administered, on average about 460,000 doses a day.

Why the lag?

With the need to provide two doses within a 21 or 28 day period to each individual and the fact that the vaccine has a limited shelf life, 5 or 30 days or so after thawing, there is a very delicate logistical balance that needs to be achieved between when vaccine is produced, distributed, opened and administered. Every step must be aligned and no one can get too far ahead of another in the chain of events before a person receives the vaccine in their arm.

Voices in the media as well as politicians criticize the federal government for a too slow rollout while the federal government criticizes states for inept distribution and administration of the vaccines that have been delivered. The states assert there is not enough vaccine being delivered (based on the problems some states have had to date in rolling out their appointment systems it is highly doubtful that they could efficiently administer a bigger supply anyway) and the federal government points to the fact they are dependent on the production capability of the pharmaceutical companies who in turn point to a lack in the supplies necessary to make the vaccine.

Some have criticized the federal government for not contracting with manufacturers for enough vaccine but that shows very little understanding (or willingness to accept the fact) that the manufacturers generating the vaccine approved under emergency use authorization are doing so for more than just the United States. 

In fact, there are only two messages that should be resonating within each of us right now, The first is that in only one year we have, through the miracle of science and the dedication of scientists and private industry working with our government, developed a vaccine in record time. The second is that patience is a virtue and that normalcy is on the relatively immediate horizon for all of us.  

Other than to score political points, finger pointing does no one any good and detracts from, if not outright contradicts, the mantra of unity that is the hallmark of our new administration.

Prescription for a Successful Biden Presidency

January 20, 2021

Today Joseph R. Biden, Jr. ascended to the Presidency with a promise to work toward a renewed bipartisanship with the ultimate goal of a unified America.  We all look to his stated intentions with a hope and faith that his actions will mirror his words.

There is no doubt that Americans, Democrats and Republicans alike, are weary from the unrelenting controversies of the last four years and the inability of both sides to achieve compromise on the important issues of the day. That being said, compromise is important but not at the expense of conservative principles and values. 

In order to obtain widespread support and win over the majority of the 74 million people who voted for Donald Trump in the recent election, Biden must lead from the center…as a moderate who rejects the socialist objectives of the far left elements of his own party.  The latter include Bernie Sanders and Alexandra Ocasio Cortez and other members of “The Squad” who espouse democratic socialist ideals under the banner of progressivism.

Let there be no doubt about it…progressivism is a modern day Trojan horse trying to mask its pure socialist objectives. But no one should be fooled. Progressives, as we know them today, do not want to govern the United States within the context of the framework that has made us a country that is the envy of the world. Instead they want to remake the United States and tear down the very institutions and upend the philosophies that have made American great. If successful, they will undermine the United States’ political, economic and social structures. The end result will render the very fabric of the country, divide its people even further than they are today, and destroy the republic.

Promises of free health care and free college education as well as implicit support of open borders are designed to appeal to the mass social conscience and presumably our better angels. While these objectives may have a certain amount of appeal they cannot be achieved without compromising, and possibly eliminating, the very individual initiative that this country has nurtured since its beginnings. Democratic Socialism disguised as a progressive agenda will result in an America where mediocrity will take the place of excellence and motivation will give way to lethargy.

In their march to remake America progressives will only succeed in overwhelming the financial underpinnings of the country. Those who indiscriminately support a progressive agenda are myopic in their view. They wrap themselves in a blanket of good intentions, including social justice and income equality, as they march with naivety toward the dissolution of the key elements that have made this country great.

If Biden is to be successful, he must resist being co-opted by the insidious ideas of the far left elements of his party. If implemented, those ideas will effectively destroy America from within. He must govern based on a set of enduring principles that have been adopted by multiple generations of Americans.

Biden needs to govern in a way that reflects the fact that the promise of America will never be achieved through centralized government control. History has proved that it is only through individuals who take the initiative and responsibility to improve their own lives that the lives of those around them are improved.

He needs to put America first at the same time as being a good global neighbor that contributes to the world’s well-being but he also has to assert our political and economic sovereignty.

He needs to acknowledge climate change and our responsibility as temporary custodians of the planet and work toward common sense solutions in a deliberate and economically balanced manner. He must not give in to the hyperbolic ranting of the climate change doomsayers.

He needs to promote policies that show he understands America’s first and primary obligation is to the safety and security of its own citizens which includes strong and secure borders and fair and balanced trade policies.

He needs to promote and implement policies that show he is completely on the side of the victims of crime and does not excuse or protect the perpetrators.

He needs to promote and implement a merit-based immigration system and reject birthright citizenship at the same time as granting asylum to those who legitimately seek refuge from harmful criminal or political elements in their home country. He needs to provide a pathway to citizenship for children brought here by parents who flouted the laws of the United States by entering illegally.  At the same time, he should not reward those parents with their own pathway to citizenship until everyone who is waiting legally in line is granted citizenship.

He needs to promote equal opportunity not equal outcomes.

He needs to promote policies that reflect a belief that what someone earns is theirs to give, not for the government to take and redistribute to others; that each individual should pay their fair share of taxes but in no case should the level of tax be confiscatory, i.e., everybody, regardless of their income level, should keep the majority of every dollar they earn.

He needs to promote policies where, at the same time as insuring a basic living wage, people are paid based on the demands for the skills required by the position they hold, the supply of people who have those skills, the complexity of the work performed, the education required to perform it, the bottom line accountability of the position, and the individual’s performance and productivity.

He needs to support and promote policies that reflect the basic tenet that the wealth a person accumulates is rightfully theirs and not the governments; that such wealth  can rightfully be passed down to their families without infringement and that no one should be penalized for being successful nor should future generations of that person’s family be denied the benefits of the fruits of their labor and success.

He needs to promote policies that reflect the reality that the individual is the master of his or her own destiny; that preparation, hard work, and risk taking, whether in starting a venture or in taking advantage of opportunities when they are presented, is what determines success in life.

He needs to promote policies that reflect a belief that those who created and/or invested in a business has first claim on the profits of that business at the same time as that person is obligated to pay his or her workers a fair wage based on their level of contribution to the business.

He needs to implement and support policies that are based on a principle that society is responsible for taking care of those citizens who are, through no fault of their own, less fortunate or less able by providing a social welfare net that will help them to meet their basic needs of food and shelter. He needs to be compassionate but simultaneously demand that every able citizen take personal accountability for their own health and welfare.

He needs to promote the concept of America as a melting pot, not a patchwork quilt ruled by identity politics , with a goal of establishing a unique American identity that respects the various immigrant customs and cultures of a citizen’s country of origin but only draws on, incorporates and permits those values and beliefs to be practiced in the United States that are consistent with those that promote the unique American principles found in the Constitution, as amended.

He needs to show his support for all laws not just those that he or she agrees with ideologically; and pledge that he will not, through executive order or bureaucratic regulation, repudiate laws that are passed by our elected representatives; he needs to issue executive orders only in the absence of a law that deals with the issue at hand.

He needs to espouse through the policies he supports that each individual is responsible for his or her own actions and that society should not be scapegoated for an individual’s failure any more than government should be given credit for an individual’s success.

He needs to exhibit in his daily actions a belief that government’s authority comes from the consent of the governed and that its goal should be to, as much as possible, minimize its role in the everyday lives of its citizens.

Finally, he needs to show he has faith in the American people by acknowledging each individual citizen knows what is in his or her own best interest as opposed to being dictated to by the government bureaucracy as to what those interests should be.

The Stimulus Check Giveaway and the Law of Diminishing Returns

January 19, 2021

There is no debating the need and justification for sending a stimulus check to individuals and families whose income has been interrupted through no fault of their own due to the pandemic.  Along with enhanced and extended unemployment benefits these combined payments could make all the difference in allowing these individuals to survive during this unprecedented time. Small business, the lifeblood of a community, has been particularly affected and deserves all the help we and the government can give them.

But the question remains as to why people on fixed incomes (retirees), those possibly receiving uninterrupted government support (welfare), or those who have not had their employment-based income interrupted by the pandemic would need to receive a stimulus check. The fact is that absolutely nothing has changed for these individuals from an income standpoint.  If anything they have experienced a crisis in not being able to spend their money as most venues for their spending have been locked down.

No doubt a $1200 check for each adult whose income falls below $75,000 and $500 for each child in a family is certainly justified for those whose income has been interrupted but for all others it serves as a windfall.

Alternatively, wouldn’t it be much more effective to further enhance the stimulus payments and unemployment benefits for those who need it the most rather than fritter it away on those who do not? In that regard, some have called for more targeted payments. Others have said that in the scheme of things these “over payments” to those who do not need them are inconsequential and do not warrant our concern.  As a taxpayer I would offer that this latter attitude is what has contributed to our country’s substantial deficit.

In fact, a recent study by the National Bureau of Economic Research supports a more targeted approach.  The study, published in August 2020 as a working paper ( http://www.nber.org/papers/w27693 ), was conducted in July 2020. It surveyed 46,000 people with a 26% response rate. It found that 60% of direct stimulus checks were either saved or used to pay down debt.  That means only 40% was spent to directly stimulate the economy.  The reason cited by individuals who responded to the study for not spending the money was that “there was no place to spend it”. The study points out another reason for the lack of spending…”the larger the check the less likely recipients are to spend it” …what is referred to in economics as the law of diminishing returns. 

Our representatives and the new President should learn from this study and refrain from just throwing money at the problem and focus, instead, on those who need our help the most.  But the temptation to provide a broad based salve to the general population for the inconvenience caused by the pandemic might prove too difficult to resist as they seek to garner political favor at the beginning of a new administration. A show of fiscal responsibility would, however, go a long way in winning over conservatives who see the largess by our more liberal politicians as nothing more than another step toward the goal of income redistribution within an overall socialist agenda.

When Incitement is Not Incitement – The Democrats Have Voted a Faulty Article of Impeachment

January 14, 2021

You would think having failed the first time the Democrats would have learned from their mistake.  Their failure to gain unanimity to impeach Trump in early 2020 was due to the fact that they based it on the content of a phone call that was open to interpretation as to its intent. Republicans in the House and in the Senate latched on to this and voted against impeachment.

Yesterday, I believe, the House made their second mistake by hitching their wagon in pursuit of a second impeachment to a specific accusation of “incitement of insurrection.” (The mistake emanates from the fact that the issue of incitement to commit violence has a very specific meaning and standard that must be met in the context of our free speech protections based on Supreme Court rulings.) In doing so they have given the Republicans a legitimate excuse to once again reject the premise justifying impeachment. Witness the relatively one sided 232 – 197 predominantly House Democrat vote to advance the one article of impeachment to the Senate.

It is true that the President in his refusal to accept the results of the last election created the opportunity for violence to occur following his rally on January 6th. Neither did his “late to the game” exhortations to stop the violence do anything to quell the actions already underway by his more fanatical followers.

But can his rally and the words he used really be justified to levy the incitement charge?  After an examination of the specific words he used, I do not think so.

If anything, someone could argue (and I am sure the Republicans will) that  based on the actual words he spoke he was suggesting to his audience at the rally that they pursue democratic means to voice their objections to what he truly believes is a stolen election.

Here is Trump in his own words

“And you have to get your people (your representatives) to fight. And if they don’t fight, we have to primary (by voting them out of office) the hell out of the ones that don’t fight. You primary them.”

“…we’re going to walk down to the Capitol, and we’re going to cheer on our brave senators and congressmen and women, and we’re probably not going to be cheering so much for some of them.” 

“We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated, lawfully slated.”

“I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”

“Today we see a very important event though. Because right over there, right there, we see the event going to take place. And I’m going to be watching. Because history is going to be made. We’re going to see whether or not we have great and courageous leaders, or whether or not we have leaders that should be ashamed of themselves throughout history, throughout eternity they’ll be ashamed.”

“And you know what? If they do the wrong thing, we should never, ever forget that they did. Never forget. We should never ever forget.”

“I hope Mike has the courage to do what he has to do. And I hope he doesn’t listen to the RINOs and the stupid people that he’s listening to.”

“So today, in addition to challenging the certification of the election, I’m calling on Congress and the state legislatures to quickly pass sweeping election reforms, and you better do it before we have no country left.”

“The Democrats are hopeless, they never vote for anything. Not even one vote. But we’re going to try and give our Republicans, the weak ones because the strong ones don’t need any of our help. We’re going to try and give them the kind of pride and boldness that they need to take back our country.”

“So let’s walk down Pennsylvania Avenue.”

The above words are certainly a call to action but not to imminently commit violence, which is the basis for the charge.

So once again, the Democrats have overreached. If they had simply focused on Trump’s violation of the public trust tied to his continued and unrelenting questioning of the validity of a duly and legitimately conducted election they might have been able to gain bipartisan support…something they will likely not achieve as they move the impeachment forward.

Trump’s Impeachment is Now Warranted

January 7, 2021

Calls for Trump’s impeachment started before he actually took office. And early last year those calls were heeded when the House, on a predominantly partisan basis,  delivered articles of impeachment to the Senate based on a phone call he made to the Ukrainian President. As we all know the Senate also on a predominantly partisan basis chose not to convict. There is no need to debate whether either action was right or wrong. But clearly, there was no unanimity at that time in moving forward to remove the President.

However, we are now at a different point in time. As a result of the assault on the Capitol on January 6th we have finally arrived at what is, in my opinion, a solid basis on which to impeach.

Moreover, I believe such an action would be supported by many on the Republican side, who are not fanatical supporters of the President, and appropriately result in a conviction. How did I reach this assessment?

First, impeachment is a political solution to hold to account someone who abuses their power. The offense in this case is his creation of an environment and, in turn, the opportunity which allowed a relatively small cadre of followers to launch an assault on the Capitol and threaten the lives of our representatives who were undertaking the constitutional obligation to accept the votes of the Electoral College.  In essence he undermined a democratic process, a clear violation of the public trust, which is consistent with the intention of the framers when they provided impeachment as a political solution to removing a public official and, specifically, the President.

Federalist 65 states “subjects of its jurisdiction ( the Senate acting as the court in an impeachment trial) are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.” Neil J. Kinkopf in an analysis prepared for the Constitution Law Center points out that “the Framers meant for the phrase ‘high crimes and misdemeanors’ to signify only conduct that seriously harms the public and seriously compromises the officer’s ability to continue.”

Alternatively, some have called for the 25th Amendment to be invoked. Based on my understanding of this amendment that is not a practical solution because the intent of this amendment (which was passed after the Kennedy assassination) was to provide for continuity of government when the President is unable due to illness, disability or some other reason to carry out his or her duties.  It is also in some sense a cooperative process where the President might admit his lack of capacity and freely give over his power to the Vice President…something Trump will never do. 

He will likely also not resign, which is ideally the most efficient solution to this situation but, in my mind, letting him off easy. If he were to voluntarily resign it might allow him to re-enter the political arena at some future point which I believe would be bad for the country. ( While I support many of his policies and believe he did accomplish some good things while in office his most recent actions and demeanor in the aftermath of an election defeat is too much to be ignored or countenanced.)

Some argue that impeachment serves no purpose at this late date given the transition of power that will take place in a few days. I say, not so.  

Impeachment will serve as a condemnation of his complicity in creating the environment and opportunity for the violence that occurred beyond the right to protest.  I will always argue that his speech does not rise to the level of incitement required (under the Supreme Court’s interpretation of the free speech provision of the Constitution) to justify a criminal offense. That is where impeachment comes in…it is a political solution when there has not been a violation of a statute.

What will impeachment achieve? 

While impeachment may not be able to occur prior to his leaving office, if he is subsequently convicted by the Senate, in a separate disqualification action, they can vote to bar him from holding future office which, based on these recent events, would be an appropriate punishment in the public square. It would also render mute the rhetoric of his fanatical group of followers who could no longer hold out hope for his second political coming in four years.

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