Fear separates heroes from cowards.
I live in beautiful northern Baltimore County west of Harford County, north of Baltimore city and south of the Pennsylvania line. It is rich with beautiful horse farms, deer and fox hunting, verdant farmland and wonderful people.
I am a moderate Democrat. Where I live is by and large Trump country but I love my neighbors. For the most part, we don’t let politics get in the way of respect and friendship.
Last week, two friends and I held a small fundraiser for a Democratic Congressional candidate who is running to unseat an incumbent Trump Republican who met in the White House to plan the January 6th attack on the Capital.
As the midterms have been approaching, for some reason, I have been remembering old litigation from when I had been hired by a prominent personal injury lawyer to try the cases he thought he would lose.
I wanted to learn how to try cases before I started my own firm in 1990, so this was perfect and I took the job.
In the 1980s, the Harford County Courthouse was being renovated. An alternative courthouse annex was set up to handle cases while the renovations proceeded.
This temporary courthouse had a makeshift heating air conditioning and ventilation system hung from the ceiling, and the sounds from other courtrooms and the neighboring bathroom could be heard through this system during the proceedings.
I had been assigned a case which my employer had said was “difficult.” Our client, a young-for-his-age teenage boy, was so shy he could barely answer my questions about his bicycle accident during our first meeting.
The accident involved a car and the boy had his leg broken and his bicycle destroyed. There were real questions about who was at fault. His parents filed on his behalf, and without his knowledge, a lawsuit for extensive damages.
The boy had no friends and was so shy that his only freedom came when he left school in the afternoon to ride his bike for hours along country roads while his classmates played seasonal team sports.
His parents were clearly disappointed by their son. He would never be the football captain or the class president.
I met him with his parents for trial preparation about a week before trial. After we went over the case that had been filed, the boy seemed reticent and I asked his parents to leave the room. I asked him to go over the facts once more with me one on one. He looked down and repeated what his parents had told me before they had left the room. He was uncomfortable, but what was striking about him was that when his eyes met mine and he told me something, he was honest, definitive, and straightforward.
I feared this was a boy who was being forced to tell a story instead of the truth.
He clearly was not looking forward to testifying under oath.
On the day of trial, I asked his parents to bring him to the courthouse early so that he could sit in the witness chair alone without anybody there, to familiarize himself with the space and settle his nerves.
When he sat alone in that witness chair he was terrified. I wanted his parents to see him sitting there alone staring into space and shaking before anybody else came into that courtroom.
I then asked him to go sit with his parents so we could talk about the possibility that the case could be settled before trial. The parents refused and reiterated that they wanted several hundred thousand dollars in damages.
Several minutes later, the opposing counsel came in and started to set up for the trial. Shortly thereafter, the people who would be chosen as jurors filtered in.
The boy become more and more frightened. About 10 minutes before the judge would appear and we would pick a jury, the boy slowly started to cry by himself. I noticed that the parents were trying to cover this up, and they asked to remove him briefly from the courtroom to go to the bathroom so he could compose himself.
The defense counsel had offered nothing to settle the case, because he believed that the boy was too shy to make a good impression before the jury. He ambled over and offered a nominal amount to resolve the case, which is not unusual before a case begins.
All of a sudden, through the heating ducts from the bathroom, the sound of gagging and then a toilet repeatedly flushing could be heard.
The defense counsel asked where was the boy. I said I was sure he would be back before the judge entered and we started picking a jury.
Moments later, the boy’s father came into the courtroom and signaled for me to join him in the hall. He told me the boy had refused to testify but his father instructed me that he was going to make sure he did.
I asked the father to consider a settlement of the case, because the boy clearly was uncomfortable with testifying to something that apparently he did not believe was true. The father said he would consult his wife. I insisted that whatever decision was made had to be given to me by my client, their son.
He hurried off to the bathroom and returned with his wife who agreed that the boy would be ready to testify.
I told them to get their son. They told me to come into the men’s room because he wouldn’t leave his stall.
The boy looked at me when he came out of the stall, tears streaming down his face. He looked down and wouldn’t talk. I looked at him and said, do you want me to resolve this case? And he nodded. His parents objected. I push them aside. What do you think is a fair settlement, I asked. He waved his hands as if to say nothing. I told him that the other side had made a nominal offer to merely resolve the case and I asked him whether I could negotiate further and resolve it rather than dismiss it. His parents resisted, but he nodded yes.
When I reentered the courtroom the sound of the toilet flushing was coming through the ductwork and there were muffled heated voices also coming through.
The defense counsel asked again where was my client. The judge was about to enter. I joked that if he only had offered a little more money, maybe it could have been resolved. He added to his offer. I told him I was authorized to settle the case for double that amount and we did.
It wasn’t much. It was a compromise. Enough to pay some hospital bills and get a replacement bicycle for the boy.
It only took about 10 or 15 minutes to put the settlement on the record and send the jury home. I left the courthouse and looked for the boy and his parents. Their car was gone and I never saw them again.
I wish I could have said goodbye to that boy who was too shy to confront the world, but had the courage to stand his ground and refuse to lie!
Fear separates the heroes from the cowards.
Two days ago, after our little political fundraiser, my friend and his wife, who had held the reception at their home, woke up to find a dead fox hung from their mailbox.
This is not who we are in northern Baltimore County.
This not who we are as Americans.
I have twice lived in a divided country. The first time it still had American kindness and we could still talk.
The Vietnam War had divided my country in 1968. I was hitchhiking because I wanted to abandon all of that, and be together with American strangers and their kindness, which was how we defined ourselves. I wanted to believe.
I got rides from both sides.
A senior Marine officer in a convertible had taken me into the PX at Parris Island to buy tax-free cigarettes. The marching soldiers on both sides of his car stopped to salute his license tags when he brought me in and then returned me to the highway.
It was a kindness he offered to me.
I had changed my mind late that summer. I had made it to California, but decided to head back to be with my father in Easton, Maryland for his birthday at the end of August.
The Democratic Convention in Chicago would be happening in about week. Violence was predicted.
Because it had been impulsive and I had started late, I tried to hop an eastbound freight train in Cheyenne, but I got caught and was mercifully dumped back on Interstate 80 East by a gruff but kind state cop who told me to disappear in 30 minutes because he was coming back.
Within 15 minutes, I got a ride from a boy dressed as a rhinestone cowboy in a white convertible with the top down and Iowa tags. He was heading east to Fort Dodge. He was going home to see his father. This was good. It would be a 660 mile ride so I would make up lost time and we were going to get to know each other.
He told me he had spent two years in Vietnam and was a war hero. He told me he had spent a year in Wyoming herding cattle. He told me that the night before, he had been in Las Vegas with girls in the front seat and girls in the backseat and had won big at the slots and had decided he wanted to see his father back in Fort Dodge. We drove nonstop all afternoon and all night laughing, smoking and talking. From the start, we liked each other.
We were Americans and therefore brothers by accident.
When he pulled over for gas, he bought me cigarettes, a can opener, and a can of peaches. It was a kindness he had offered to me.
As we rolled down the highway, I forked out the peaches and drank the sweet syrup. He told me about his life in Vietnam and the year he spent out on the western ranch, and how much he loved his father.
As we turned off the interstate and entered Fort Dodge dawn was breaking and, as the sun was coming up, he parked the car in front of a broken house in need of paint and shutter repair. The front door was unlocked and two of the windows in the front of the house were broken.
When we entered the house, there were slats missing on the staircase going up to the second floor. Beer cans littered the floor and overflowed out of a trashcan next to the refrigerator.
Before the boy went to wake up his father, he opened the refrigerator and handed me a beer. Then he took two more and excitedly bounded up the staircase.
There was loud coughing from upstairs and after a while the boy and his father came down. The old man was weak and had phlegm in his lungs. He didn’t look like he was long for the world.
I wanted to leave them alone so father and son could be together. I asked if I could take a bath upstairs. They said no and pointed at a wash tub, tilted against the stove. I was told there was no hot water but I could heat water on the stove and mix it with tap water and bathe while we drank breakfast.
So I did.
I was happy in my warm and soapy water thinking about how soon I would have a “dishpan body” as I sat in a washtub in the dawn drinking beer.
It was clear the boy and his father loved just being together. They joked, laughed, and chided each other as if they were long-lost friends.
After about a half an hour into my bath and after more breakfast beer, there was a knock on the door and two police officers entered the unlocked door without permission.
I obviously was in a considerably compromised position, but the officers paid no attention to me.
Chaos broke out. The car I had been riding in apparently had been purchased about a week ago with stolen money. Both the father and the son were confessing to the police officers to save the other. The officers arrested the boy, handcuffed him, and took him away in a squad car. The father burst into tears and told me the story.
The boy had just been released after seven years in prison for smoking marijuana. He had not served in Vietnam or been a cowboy, but he had won big in Las Vegas with money his father had given him. The boy had come home to give his father money to pay off the used car his father had bought for him.
After his father had given the car to his son, he had ordered him to leave and go west to start a new life. He instructed the boy to not come back but his son could not resist sharing his good fortune. They had only each other in this world.
The old man continued to drink beer, cough and smoke cigarettes at the kitchen table. The more he told his son’s story the more he drank and the more he cried. Somewhere around noon, he took off for the police station on foot in an effort to do what he could for his son.
I had not slept since before Cheyenne so, when he left, I put my duffel bag under my head and I curled up on the floor and slept for a while. I woke up late in the afternoon. The father had still not returned, so I threw the knapsack over my shoulder and headed out to try to catch a ride.
There was a United States post office hub in Fort Dodge, so I hung around there until I got a postal driver to let me ride shotgun to the mail district in South Chicago. As I was let out, I got cat calls from some of the postal workers who were waiting to punch the clock to begin their shift. Mayor Richard Daley was fighting the demonstrators outside of the convention.
From Chicago, I got short rides through Ohio, Pennsylvania, and then across the Bay Bridge on to Maryland’s Eastern Shore. My last ride was from a tow truck driver, who had never left the Eastern shore, and never been on a boat.
During those last short rides, I kept thinking about how different we all were, but how we could talk and share our lives, and how each person had enriched mine.
That is America to me. That is what will make us great again.
I got to Easton on my father’s birthday, and the prodigal son was welcomed home yet again.
There has been a lot going on in American politics since the search of Mar-a-largo to recover some confidential documents. A lot of finger pointing.
Almost half of the country believes it is a “witch hunt” and the FBI is a cover up for the deep state.
I decided to quickly solve this problem and offer a solution.
Trust me — here is the inside story!
The deep state is real and I have the proof.
(The real deep state is never capitalized. That’s how you know it’s the real deep state.)
The deep state is real, as is evident from the demise of the stick shift.
Ask yourself: In a world driven by Classified and Top Secret Information, isn’t it amazing that nobody has objected to the disappearance of the stick shift?
It is that big of a cover-up!
Hasn’t the entire insurance industry for years been obsessed with “uninsured motorists”?
Why wouldn’t they be? Think of the years of lost profits.
So, why no reporting on the fact that the insurance industry has silently teamed up with personal injury lawyers in order to support driverless cars?
It was hidden but obvious. Follow the money!
It benefits the insurance companies and the lawyers!
If only cars — and no longer the drivers — can be sued, lawyers need only to sue Tesla and other car manufacturers making driverless cars and then, even better, the manufacturers will have to buy the liability insurance — not the drivers — so uninsured motorists are no longer a problem.
You know how they did this?
They eliminated the stick shift.
It gets better. Imagine if they got a favorable interpretation of the Constitution?
If you are an “originalist” member of the Supreme Court there is no evidence that there were any cars with stick shifts around at the ratification of the Construction. In fact, there is ample evidence that there were only horses.
This Supreme Court could put the icing on the cake, because an originalist Court could rest its case on the fact that horses back then never were operational by stick shift.
Thank God for the wisdom of the founders.
The thing is, the deep state can get you off track intentionally. They often hide things in plain view. Like our former president admits everything to avoid a cover up.
For example, remember that signer of the Declaration of Independence with a huge signature? John Hancock? Why the big signature? What was his line of work? Could it have been he just started an insurance company that would solve the age old problem of uninsured motorists and ambulance chasers?
I told you. The deep state is all about getting you off track.
Think about it. The deep state is too smart to be really concerned about insurance companies or personal injury lawyers!
You guessed it?
It is all about Elon Musk controlling Twitter and a past president who can’t buy his voice back and didn’t buy Twitter stock early?
… Go a little deeper. It is about communication in fighting.
Why did Musk go into space on a space ship that did not have a stick shift?
It was a secret message.
This is actually very subtle, even for the deep state. Is it in fact a message from the anti-deep state, which is the deep state acting as the anti-deep state being the deep state that is really the actual hidden deep state?
So maybe Elon was sending an undetectable message that ”all is ready. Release our guy from the past!”
What do you think that raid at Mar-a-Largo was all about?
To attack the FBI and American law enforcement in a “new law-and-order campaign” of the deep state?
Nobody messes with the deep state! They got their man — and the first steps to a new law-and-order campaign for a new nation!
Okay, I promised to offer a solution. Here it is:
If you don’t want the deep state to hack into your passwords, install a stick shift on your computer — because no one but you will remember how to use it — and then put your GPS in a driverless Uber Eats® and send a cheeseburger to Mar-a-Largo with extra ketchup and napkins.
No one will understand, so you will be safe.
If there is any problem, the lawyers will have to sue the car.
“It Can’t Happen Here” — Frank Zappa
Since recorded history, our world has continually been at war or engaging in domestic civil wars.
Perhaps it takes repeated wars to reeducate generation by generation those who cannot imagine the reality of war and civil war.
In school, I was taught history chronologically, war by war and how the victors carved new national boundaries and subjugated the vanquished only to have domestic revolutions subdivide countries.
After wars or revolutions end in battlefields and graveyards, but after that generation dies off, wars become books or movies or heroic stories.
It is all just “book learning.” It is easy to get good grades and learn nothing.
There are few generations that are blessed as we have been in avoiding wars or revolutions. The United States has been fortunate. Its last revolution was the Civil War which ended over 150 years ago, and our last foreign war, the Vietnam War, ended over 50 years ago.
I am part of a generation that has not experienced a civil war or a major foreign war for 50 years, however I have experienced both on foreign soil.
After my formal education was over, museums, libraries and good conversations became my continuing education; but international travel gave me the best insights into my own country, its prosperity and its people.
Over ten years ago, I spent an evening with friends in a beautiful plaza in Aleppo in Northern Syria. Talk about the government was discouraged by our guide. Less than a year later, Syria was at war with itself and that beautiful plaza and much of the city had been wiped off the face of the earth.
A little further south, the 2,000 year-old Roman ruins of Palmera, a once beautiful city built around a long dry oasis, would be badly damaged by this modern war.
When I visited Dubrovnik more recently, our guide pointed out the bullet holes that had chipped away that walled city, which had been part of the former nation state of Yugoslavia.
Last summer, during a trip to northern France and the battlefields of the First World War, our guide at the Battle of Belleau Wood pointed to a stand of trees and asked, “How could these trees have survived the battles here and the later deforestation that cleared these fields around it?” And then answered: “The fighting here was so severe that the trees cannot be cut down because the bullets still buried in these trees would break the blades of the saws.”
I have also visited cities and nation-states torn by war and revolution, for example, when I visited the occupied and divided Beirut, Lebanon.
I had been invited to an opulent lunch overlooking a beautiful beach and the city below.
In the cab home, the driver spoke some English. In stop-and-go traffic we were delayed at a roundabout. I found myself three feet from the barrel of a tank pointing directly at my face.
Hoping to encourage the driver to edge forward slightly, I started a conversation, asking about a billboard with a cornucopia of figures looking down on me. He told me that it memorialized the assassinated leaders of the country and city.
That evening, I had dinner with a family who had lived on the top floor of an apartment building in another section of the city, which had had its roof blown off during the intermittent shelling of the city the year before.
A teenage member of the family joked that his mother had, after the damage of the blast, asked if everyone in the family was all right and then went back to eating dinner.
When I asked how on earth they could be so matter of fact, he answered, “Dinner was ready and getting cold.” He then added that fighting had been going on and off in various parts of the city for years, and when it was near their school they got days off until the fighting moved elsewhere.
On my way to the airport as I headed back to the U.S. the next day, I had to show my passport to soldiers in the quadrant of the city that held the airport. I can’t remember if they were Shia or Suni.
So what does global history teach me about my country?
“It can’t happen here.”
Our country supports the freedom fighters of Ukraine as they fight and die to preserve their country from the bloody invasion by Putin — the autocrat so admired by our former president.
After the failed coup d’état lead by this former president (who then raised a quarter of a billion dollars selling the false claim of a stolen election), almost every member of his party voted against an investigation of that coup. Now, half our country still refuses to acknowledge the January 6th Committee’s findings, even though almost all the witnesses are Republicans appointed by Republicans.
The most important protector of a democracy is the informed voter. I wish many of my fellow Americans could be as fortunate as I have been, getting to travel internationally.
So many of my friends will tell me, “We have always gotten through it before. We’re Americans. It can’t happen here.”
“It can’t happen here.”
I am willing to admit I’m a moron but who the hell are these “originalists”?
Supreme Court Justices Amy Coney Barrett, Clarence Thomas, and Brett Kavanaugh have all identified themselves as “originalists,” but it now looks like Alito and Gorsuch do too.
So what do these originalists believe?
Justice Amy Coney Barrett, when asked that question at her confirmation hearings, said: “I understand it [the Constitution] to have the meaning that it had at the time people ratified it. So that meaning doesn’t change over time and it’s not up to me to update it or infuse my own policy views into it.”
Okay, Let’s look at some history.
Since the originalists say they must interpret the Constitution based on the time it was ratified rather than interpret the evolution of the historical wisdom it has grown to contain, there is some “originalist” history that they may have overlooked.
The “originalist” history, back when our Constitution was ratified in September of 1787, means: (1) women could not vote or own property, (2) Black people were slaves and didn’t qualify as “people” and (3) interracial marriage was a crime that would get you jail time.
An originalist interpretation of the Constitution, if applied to the present membership of the Supreme Court, would eliminate two-thirds of the “originalists,” as well as a majority of the entire Court.
So Amy Coney Barrett should not vote and should surrender all property she owns and drop out of the Court. And what should they do about Clarence Thomas, or his marriage?
But it gets even more absurd and worse for the fantasy logic of these originalists:
“A Law repugnant to the Constitution is void,” wrote Chief Justice Marshall, the first Chief Justice of the Supreme Court, on February 24, 1803 when, in Marbury v. Madison, he declared unconstitutional a law passed by Congress and signed by the President, based on the Supreme Court’s right of “Judicial Review.”
Nothing, absolutely nothing in the Constitution gave Chief Justice Marshall and the Supreme Court this specific power of judicial review. It is not in the Constitution anywhere.
Marshall, however, believed that the Supreme Court should have a role equal to those of the other two branches of government, so he interpreted the “intent” of the Constitution even though the words were not in the Constitution.
So how can the “originalists” have any basis to review anything?
I’ll tell ya.
As an Economist correspondent recently pointed out, “5 of the 6 conservative Supreme Court justices were appointed by a Republican Senate majority that won fewer votes than the Democrats” and “3 of the 6 were nominated by a President who also won a minority of the popular vote.”
So where are we now?
Are we a democracy? Are we a republic? Or is this when we lose all that? Have you been watching the January 6th hearings?
The billionaire President who appointed three of these originalists, managed us for four years with lies and Twitter and, after he was voted out, more lies in order to organize an attack on our government based on the Big Lie of a stolen election, and all these lies were affirmed by Fox (not at all) News, Ingram and Carlson.
Isn’t it time to start the long hard revolution to take our country back?
The midterm elections have to be that revolution.
If the Trump support, the originalists, and Fox News win the House and the Senate for Republicans in the midterms, those Republicans will continue their coup d’état and attempt to overthrow our democracy. They have made no secret of this.
America has evolved beyond the originalists. We freed ourselves from a king once before. We freed the slaves. We recognized women’s right to vote. As a democracy we have created a history of humanitarian change, and are capable of great creativity and the capacity to govern with a big heart when we are not divided.
Let’s get back to being the US Again.
In our class, the poet Elizabeth Bishop would teach poetry by taking any two poems and placing them side by side to see how they “illuminated each other” by comparison and contrast.
It was an exercise in both observation and communication but it also offered that fresh perspective on what was set in stone and had been taken for granted.
The more extreme the comparison and contrast the more it reawakens: A ripe apple and a red sports car? What makes them red? What makes them different? What makes them go? DNA and water versus oil and a gas engine?
How about like “politics” and “scuba diving”?
Let’s try it.
Well first, in contrast, they encompass two different worlds. One above water and one below. However, people have learned to communicate in both worlds, particularly in life-threatening situations.
How is that communication the same and different, and how can it offer a fresh perspective?
Through communication in politics, Donald Trump raised a quarter of a billion dollars ($250,000,000.00) from small dollar contributions from his supporters to “stop the steal,” despite overwhelming evidence that nothing got stolen. Furthermore, he has convinced his supporters not to watch the January 6th Committee hearings where this was revealed and validated.
So you can’t use Twitter underwater.
But in scuba diving you have hand signals, which is a little more primitive but just as effective for short urgent messages.
All diving is done in at least pairs with each diver responsible for his or her buddy. If you go too deep and become a victim of nitrogen narcosis — which is the song of angels calling you to come deeper to your death. Your buddy should grab your fin and signal with a hand gesture indicating the cutting of one’s throat and then point to the surface. It’s life or death.
During one dive in the outer islands of the Caribbean, I was randomly paired with two Midwestern middle-aged men who already were friends.
We agreed to go down to about 90 feet and swim in formation, like airplanes, to cruise along the deep edge of a cliff overhang and be each other’s eyes and ears.
One of my new buddies, our wing man at the time, banged his knife on his tank to get our attention, made eye contact, and excitedly pointed straight down. He spread his arms way out wide, gave the finger to us, and then put his right hand on his head at a 90-degree angle as if it was splitting his head in half down the middle with an ax. The other two of us got it and looked down into the dark for a “Big Fucking Shark!”
Later that afternoon, sitting side by side with me at the bar, my two Midwestern buddies good-naturedly unloaded all the liberal Democrat jokes they had in rapid fire in my direction, and with mock astonishment I countered them with my defenses and went on the attack. Quite naturally we had come to trust each other with our lives underwater, using sign language which we made up as we went along. We were friends.
I would love to meet them again and learn from them again and laugh. I want to sit on that barstool, turn to look at them and, with a perfectly timed pause, stop deadpan and say: “TRUMP???” And then spread my arms out wide, give them the finger and put my right hand on my head at a right angle as if it was splitting my head down the middle with an ax. I’d love to have them laugh at that, for us to laugh together.
I want to laugh with my Republican friends again and have us trust each other again with our lives.
It beats drowning in an angel’s call.