Walled In: What Emergency Powers Could Bring

In my living room and on a plaque on the wall next to my home office desk are two large chunks from the Berlin Wall. I would like to say I chiseled them out from the notorious reinforced concrete edifice, but that would be a lie. My meager efforts February 16, 1990, produced paltry chips the size, perhaps, of dominoes pieces. I came by those two impressive rocks courtesy of a much more adept chiseler who shared his excavation work with me that fateful afternoon just three months after East Germany opened the floodgates on its repressive regime. 

The fearmonger-in-chief prophesied what would happen absent a similar concrete wall spanning our southern border with Mexico. “You’ll have crime in Iowa, you’ll have crime in New Hampshire, you’ll have crime in New York” without a wall, Trump warned during a trip to McAllen, Texas, Thursday. 

ABC News asked the mayor of McAllen what the murder rate in his city with no wall was. Zero, he said, asserting McAllen was among the safest in America. Statistics corroborate his belief. 

Why are Democrats so stridently against funding a wall? After all, friends have asked, $5.7 billion is sooooo small compared to the trillion dollar-plus federal budget fattened by the billions wasted on military and social aid programs every year. 

My response is that the debate over the wall far transcends the dollar amount. The wall, the barrier, the what-have-you, represents a good old-fashioned horse trading negotiation. 

Regardless of its efficacy, Trump wants to show his base he can fulfill a campaign pledge to build a wall, though he has admitted the second part of his pledge to have Mexico pay for it is not going to happen as promised. His dissembling on how the wall will be funded and by whom just adds to Trump’s portrait as a grifter and con artist. 

What Nancy Pelosi and Chuck Schumer want is a commitment from Trump to extend safety to DACA children brought to America by their parents. Every time Trump seems ready to commit to shielding the so-called Dreamers, he turns into the reneger-in-chief when he hears howls from Rush Limbaugh, Laura Ingraham, Ann Coulter, Sean Hannity and their compatriots on the right. 

Behind the scenes efforts to parlay DACA safety for wall funding have been rejected by Trump. It would take a revolt by Senate Republicans to force Trump’s hand to accept a quid pro quo.

Instead, before the weekend is out our would-be king might invoke national emergency powers to funnel funds into wall construction. Should such a move survive a court challenge, Republicans might rue the precedent. 

Imagine the next time a Democrat is president and a mass shooting occurs. Considering that firearms are used in tens of thousands of homicides every year, far greater than the number of deaths perpetrated by undocumented immigrants, a president could declare a national emergency to ban gun sales and confiscate all assault rifles. 

Now that is an extreme hypothetical (and I doubt any president would do it) but for years the National Rifle Association has fearmongered such a possibility every time a Democrat won the presidency. 

If Trump opens the Pandora’s Box of emergency powers, there is no telling what a president could try to implement.

To stem a measles or flu epidemic turning into a pandemic, a president could declare a national emergency and order the vaccination of all residents. If anyone refuses, he could isolate them in internment camps so they would not spread any infection. To reduce damage and deaths from coastal flooding, a president could order the permanent evacuation of the shoreline. 

Too far-fetched? Perhaps. But it all hinges on how the Supreme Court views presidential power. Given that the Republican majority on the court is believed to endorse almost unlimited presidential power, Trump could win a challenge to the emergency powers question. But such a win could plunge the country into uncharted waters for all subsequent presidents, not to mention Trump’ own crazed view of what a president may do with unchecked power.

Trump said Friday afternoon he wasn’t ready to pull the emergency powers lever. Which to me signals he is about to this weekend, as he constantly contradicts himself.

As I’m writing this a friend related an irony—his community in Palm Beach County, Florida, has many wealthy retired New York City teachers who “want immigration laws enforced.” 

To which I replied, “Maybe the sun fried their brains and they forgot the immigrant history of their families. Sure, they would tell you they came legally but how many of them thought the quota system from 1920 on was a good thing, how many of them thought restricting access to Jews fleeing Nazi persecution was acceptable, how many of them see any comparability to those Hondurans seeking safety from violence in their homeland, how many of them think a wall is a better symbol of America than the Statue of Liberty?”

Walls can and do serve a purpose. The Berlin Wall kept East Germans inside their living hell. Many who tried to seek freedom lost their lives trying to pierce their enclosure. But some succeeded. No wall is impenetrable. 

All objective evidence affirms that most illegal drugs enter the United States at ports of entry, not by human “mules” infiltrating illegally across the border. Most undocumented aliens enter legally, arriving here by plane and overstaying their visas. Though Trump trumpets their egregious murders, rapes and other violent deeds in his bid to instill fear, statistics show the undocumented commit far fewer crimes than the American population at large. 

Bottom line: Some type of restraint along the border will be built. Dreamers will have their dreams fulfilled. Some federal workers will lose their homes, have their credit ratings marred, have their trust in government employment shattered by the partial government shutdown now entering its fourth week because of the inability of the artless-negotiator-in-chief to reach an agreement with the newly emboldened Democrats who control the House and who still maintain sufficient numbers in the Senate to withstand cloture calls on most legislation.

It won’t be pretty, but it will happen. As Trump says, trust me.

A Blink Before Brinkmanship Returns

Now that House Republicans have blinked and joined their Senate counterparts in recognizing politics as the art of compromise, 160 million Americans can enjoy two more months of lower payroll taxes, while the unemployed can breathe easier for another eight weeks with jobless benefits before brinkmanship returns to the nation’s capital in the form of another exasperating debate on fiscal policy.

Try as I might to avoid political commentary, it’s virtually impossible. So here goes...

During his tenure representing the state of Wyoming in the U.S. Senate (1979-1997), Alan Simpson was not on my list of favorite senators. The tall, craggy 80-year-old conservative Republican could be quite charming, folksy and jocular, but his politics was clearly way to the right for my tastes.

Simpson, however, by his own admission on the Brian Lehrer Show on NPR Wednesday, would find it impossible to get a Republican nomination today as he’s an advocate of personal privacy, which means he supports gay rights and abortion rights. As co-chairman with Erskine Bowles of the Deficit Reduction Commission, he also acknowledged the need to raise more revenue through new or higher taxes, heresy among Tea Party members and the Republican faithful who have lined up like lemmings behind them.

Switching over to the EIB (Excellence in Broadcasting) Network to listen to some conservative talk show “wisdom,” I was disappointed Rush Limbaugh was on vacation. But his substitute, Mark Davis of WBAP in Dallas, didn’t fail to deliver more grist to the mill. He praised, for example, Republican members of the supercommittee charged with working out a deal on the budget for sticking to their guns. In other words, for not compromising. It was another unfortunate example of standing on principle at all costs, even if it meant the government might shut down, the public would be hurt and trust in elected officials to effectively govern and legislate decreased.

Davis also debunked the argument that conservatives are racist. His proof—they went “ga-ga” over Herman Cain and their favorite Supreme Court justice would be Clarence Thomas. At the same time he decried Attorney General Eric Holder for playing the race card to explain why he and Barack Obama are viciously attacked. It’s just policy differences that bring on the attacks, he said.

My need for some Rush was somewhat sated by a commercial featuring his mellifluous voice. He was pitching membership in the Heritage Foundation, a think tank dedicated, he said, to personal liberties. I wonder, though. What’s more personal than choosing your sexual orientation, or choosing whether to carry a pregnancy to full term? Not sure, but I would guess Alan Simpson would have a hard time being a member of this right-wing organization.

Simpson also had some interesting thoughts on Newt Gingrich and why so many Republican leaders have trouble supporting his candidacy for president. Seems that when Newt was Speaker of the House he agreed during a private meeting with President George Bush the First to a plan to buttress the economy that included a tax hike. Bush reluctantly agreed despite his “Read my lips, no new taxes” pledge. But when it came time to vote, Gingrich publicly repudiated the agreement. He is untrustworthy, not a man of his word, said Simpson. Not surprising, therefore, that Bush 1 yesterday endorsed Mitt Romney.

Of course, Republicans aren’t the only ones dishing out disappointment this holiday season. Obama has indicated he would sign a bill permitting indefinite detention for not only foreign nationals but also for American citizens thought to be supporters of terrorism. Incarceration without trial could last as long as hostilities remain active. Since there’s no foreseeable end to terrorism, even after Osama bin Laden was killed, anyone detained could languish in prison forever. Obama has been as bad for civil liberties as Bush 2.

Darkness No More

Literally and figuratively, Gilda and I went to bed in the dark Sunday night.

Tired from a full day of gardening, Gilda drifted off to sleep around 10:30. I followed shortly thereafter, oblivious to the drama about to unfold in the next hour. When I woke around 3:15 I couldn’t immediately fall back to sleep. As I often do at such moments, I turned on my iTouch to play a game of solitaire and then downloaded the latest news from the NY Times. I started with the sports section. Though not a NY Mets fan, I was immediately drawn to the headline, “Mets Win on Field in 14 Innings, but Big News Was Buzzing in the Crowd.”

The first paragraph firmly jolted me awake. “A long, emotional Sunday night came to a happy conclusion on Monday morning for the Mets, who beat the Philadelphia Phillies, 2-1, in 14 innings in a game that became a backdrop for the nation’s reaction to the news of the death of Osama bin Laden.”

Quickly turning to the main news section, I devoured the articles. After about 15 minutes I couldn’t contain my excitement. When Gilda shifted slightly in bed, I took advantage of the opportunity to ask if she were awake. I said Osama bin Laden had been killed.

For the next hour we read our iTouches, sharing tidbits of information gleaned one article ahead or behind the other. Until Gilda told me, I completely missed, for example, the sentence at the end of the second paragraph of the main news story stating bin Laden’s body was buried at sea. We watched a recording of President Obama’s speech. Written by the president himself, it was said, it was a great, moving speech.

Throughout Monday I was partially paralyzed with interest, as news morsel after news morsel trickled out. I was amused while CNN’s Wolf Blitzer was interviewing former Bush secretary of state Colin Powell. The graphics people inserted a picture of bin Laden’s compound outlined in red. Amused because the outline resembled the borders of the state of Israel.

Bin Laden was taken down Sunday, New York time, the same day Yom HaShoah, Holocaust Remembrance Day, was commemorated.

Political leaders of both parties praised President Obama. Republicans included George W. Bush in their praise. Understandable. Perhaps surprisingly, Rush Limbaugh heaped praise on a president he usually excoriates. He hailed Obama for continuing the Bush policies in the Middle East and for keeping Guantanamo open, but mostly for overruling the military’s desire to strike the compound from the air. Obama insisted on special forces on the ground, said Limbaugh.

Donald Trump congratulated Obama and the armed forces. Sarah Palin, however, revealed more of her petty, bitchy character by failing to acknowledge President Obama’s involvement. Hamas showed the world its true colors as a terrorist organization by calling bin Laden a “holy warrior” and labeling his killing an “assassination.”

The proficiency of our strike force reminded me of the Israeli raid on Entebbe in 1976 and the more recent American success rescuing the crew and captain of the freighter seized by Somali pirates.

There will be those who bemoan we didn’t bring bin Laden back alive to face interrogation and trial. I won’t.

There will be those who question if he’s really dead. I won’t.

No matter how many terrorists are captured or killed, the war on terrorism will go on and on and on. It only takes one radical to keep it going. But we should never forget that our liberties are at stake, that terrorists win not by murdering scores, hundreds, even thousands of our citizens, but rather by scaring us into stripping away the freedoms upon which our country was founded.

Almost 10 years ago, while on a business trip to Phoenix, I slept through the morning attacks of September 11, awakening in time to see the second tower collapse. Last night I slept through the initial reports of our victory over the archetype of terror. How strange.