The Struggle for the Soul of America: The Downfall of Donald J. Trump

Posted on January 8, 2023 by Author: Bruce Berlin

As we begin 2023, the future holds many uncertainties for Donald J. Trump. While no one knows his fate for certain, here’s how I see what’s coming for the former president and America’s number one grifter.

Donald Trump will be indicted before this coming summer. In my view, Special Counsel Jack Smith was hired by Attorney General Merrick Garland to prosecute the case against Trump, not to close it. Garland believed that putting Smith, someone outside the Justice Department, in charge of the case would make the prosecution less political. Whether that turns out to be the case remains to be seen and, in fact, may be irrelevant at this point.

Just this past week, Smith hired two seasoned attorneys who “have prosecuted some of the most high-profile public corruption targets of both political parties in recent years.”[1] Those targets included former Virginia Republican Gov. Bob McDonnell, current New Jersey Democratic Sen. Bob Menendez and former presidential candidate Democratic Sen. John Edwards.

If Smith thought that the DOJ didn’t have the evidence to indict Trump, he wouldn’t now be hiring prosecutors experienced in handling complex public corruption cases. As a former New Mexico Department of Education prosecuting attorney, I know that prosecutors do not bring charges unless they are convinced that they have the evidence needed to convict. That would be especially true in the case of a former president.

Last November two reports by veteran prosecutors and top legal experts analyzed two criminal investigations into Trump. One involved Trump’s solicitation to commit election fraud including a call to Georgia’s Secretary of State Brad Raffensperger asking him to “find” 11,780 votes. In total, that report finds at least 11 charges that could be filed against Trump resulting from his efforts in Georgia. The other report explored the mishandling of sensitive government documents at Mar-a-Lago. Both reports concluded that “there is enough evidence to bring charges against the former president.”[2]

As a result, I believe Trump will be tried and convicted by the end of this year. His trial cannot be allowed to cloud the 2024 presidential primary season.

It’s difficult to predict the sentence Trump will receive for his crimes. A friend of mine recently suggested Trump would be placed under house arrest but would not have to serve any jail time. That would be letting Trump off way too easy for attempting to overthrow our government. I don’t believe a federal judge would be so lenient for such appalling crimes, especially by a former president. At the least, Trump will receive a multi-year suspended sentence, which would put him on strict probation, though I feel he should spend the rest of his life behind bars.

Whatever the sentence, Trump is sure to appeal. Ultimately, his fate will lie in the hands of the Supreme Court, ironically including the three justices he appointed to the Court. I’m thinking that at least five justices will have the decency and integrity to uphold his conviction and sentence.

Finally, there’s Trump’s 2024 presidential campaign. Assuming he is convicted, Trump’s sentence must include invoking the 14^th Amendment provision preventing any person from ever again holding public office who having previously “taken an oath…as an officer of the United States… to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”[3]

On the other hand, if Trump somehow avoids prosecution or is found not guilty, he still will not be elected president in 2024. The results of the 2020 and 2022 elections clearly demonstrated that Trump and his handpicked candidates are losers. The Republican Party hates losers. Trump’s base is shrinking[4] and will continue to do so as more and more evidence of his misdeeds are revealed to the public during his likely unprecedented nationally televised trial.

In any event, Trump’s days are numbered.

Bruce Berlin, J.D.

P.S. I want to take this opportunity to again thank my partner, Margaret Lubalin, for another year of suburb editing of my blog. She’s the best.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.bloomberg.com/news/articles/2023-01-06/special-counsel-jack-smith-hires-anti-corruption-prosecutors-in-trump-probe

[2] https://thehill.com/regulation/national-security/3742386-for-experts-the-evidence-in-two-probes-compels-charging-trump/

[3] https://www.businessinsider.com/how-the-14th-amendment-could-prevent-trump-from-office-2021-2

[4] https://www.usatoday.com/story/news/politics/2022/12/13/trump-support-gop-2024-presidential-race-poll/10882346002/

The Struggle for the Soul of America: Walking Across America to Fix Our Democracy

Posted on December 3, 2022 by Author: Bruce Berlin

On October 1, 2022, Rick Hubbard, a life-long activist, left Los Angeles and began walking across the country to sound the alarm to the American people about the urgent need to fix our democracy. His walk also aims to stimulate media attention to the critical issues facing our nation. Rick plans to complete his journey with a special event on the steps of the Capitol in Washington in January of 2024.

Turning 81 this month, Rick is a native Vermonter, retired attorney and former member of the National Governing Board of Common Cause. He has a long history of bringing vital national issues to the public’s attention. Over two decades ago, Rick walked for a week with Granny D, who crossed the country in 1999-2000 to highlight the need for campaign finance reform. Then he did a 450-mile jaunt in Vermont advocating for the same initiative. He’s also walked in New Hampshire and from Philly to D.C. for democracy reform.[1]

Rick sums up the need to fix our democracy like this:

Congress isn’t working for most people. Our political system gives many incentives to act in ways that place their own re-election interests, those of their wealthy and influential campaign funders, and those of their political party above the common, broad interests of the American people.[2]

Here’s what he believes we need to do to fix our democracy:

Reform our political process to get more competition, more turnover, and better representation for our common good and the future of our nation.
Work with others to support those in Congress willing to pass national standards, including the For the People Act, the John Lewis Voting Rights Advancement Act, DC Statehood.
Ratify a Constitutional Amendment to transform our political system and move our country closer to realizing the true promise of democracy.[3]

You can read more about the issues Rick believes we need to address by going to his website https://www.fixourdemocracy.us/.

Rick will be walking through New Mexico in late January and early February 2023. The entire route of his walk can be found on his website. He plans to hold public events in Albuquerque, Santa Fe and Las Vegas as well as in every state on his journey.

Clearly, Rick needs all the help he can get. This is a critical time in the history of our democracy. We all need to pitch in and do whatever we can if we want our American democracy to survive.

If you would like to volunteer or donate to support the Walk to Fix Our Democracy, it’s easy to do at https://www.fixourdemocracy.us/. If you would like to help organize one of the New Mexico events, contact me at breakingbigmoneysgrip@gmail.com.

Bruce Berlin

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.rickhubbard.org/author/

[2] https://www.fixourdemocracy.us/faqs

[3] Ibid.

The Struggle for the Soul of America: Hold Ethically Challenged Supreme Court to Account

Posted on November 26, 2022 by Author: Bruce Berlin

While we have left-leaning judges and right-leaning judges, Americans expect all judges to adhere to strict ethical standards. That would be especially true of justices who sit on the U.S. Supreme Court, the highest court in the land. Yet, the nine justices of the Supreme Court are the only judges in the country who are not bound by a written code of ethics.[1]

Chief Justice John Roberts has asserted that there is “no reason” to adopt a Supreme Court ethics code because members of his court consult a wide variety of other sources for guidance.[2] But recent revelations and events are proving him wrong.

The 25-Year Crusade to Overturn Roe v. Wade

In 1996, Rev. Rob Schenck founded Faith and Action, an ecumenical outreach ministry “to top-level government officials located in Washington, DC, throughout the United States and around the world…They seek to base their outreach on a personal relationship with the person targeted.”[3]

According to Rev. Schenck, Faith and Action aims to “win the hearts and minds of those who make public policy.” Its mission is to reintroduce the Word of God into the public debate surrounding legislation and policy matters.” It is a leader in the anti-abortion movement. Although it targets elected officials, government employees, Supreme Court justices and clerks, and other government personnel, it is a 501(c)(3) tax-exempt organization.[4]

As the leader of Faith and Action, Rev. Schenck was an effective, pro-life lobbyist working to influence members of the Supreme Court, especially Justices Alito, Scalia and Thomas. Raising over $30 million, he recruited wealthy donors and encouraged “them to invite the justices to meals, to their vacation homes or to private clubs. He advised allies to contribute money to the Supreme Court Historical Society and then mingle with justices at its functions. He ingratiated himself with court officials who could help give him access.”[5]

Mr. Schenck said “his aim was not to change minds, but rather to stiffen the resolve of the court’s conservatives in taking uncompromising stances that could eventually lead to a reversal of Roe.”[6] Apparently, he succeeded. In the Court’s recent Dobbs case overruling Roe v. Wade, Chief Justice Roberts tried unsuccessfully to limit but still save the constitutional right to abortion. The five justices to his right refused to accept Roberts’ compromise.[7]

Court Leaks Raise Serious Ethical Issues

The fact that the pending Dobbs decision was leaked in advance raises additional ethical concerns. As noted by Newsweek, the leaking of the draft opinion with the names of the five conservative justices who had already signed on to it “made it nearly impossible for any of those five justices to change their minds.”[8]

It was clearly in the interest of Justice Alito, the author of the hardline Dobbs decision, to make certain that none of his fellow conservatives had a change of heart. In fact, there was a similar advanced leak of the Hobby Lobby ruling that requiring family-owned corporations to pay for insurance covering contraception violated their religious freedoms.[9]

That 5-4 majority opinion which adversely affected the Affordable Care Act was also written by Alito in 2014. Rev. Schenck received the advance notice of the decision from a major donor who had had dinner with Justice Alito the previous night. He “used that information to prepare a public relations push“ that promoted his religious right organization.[10]

The Urgent Need for Reforming the Court

It’s bad enough that we have a Supreme Court heavily titled to the right. Now, on top of that, at least one justice appears to be very ethically compromised. In addition, Brian Fallon, executive director of Demand Justice, has called for an ethics probe into right-wing Justice Clarence Thomas’s alleged conflicts of interest in cases involving efforts to overturn the 2020 election in which his wife, Ginni, participated.[11]

Fallon thinks the Senate Judiciary Committee “should immediately move to investigate the apparent leak by Justice Alito.” He believes that “Structural reform of the court, including strict new ethics rules, is needed now more than ever.”[12]

We cannot let this go. A thorough public investigation by Congress is required, and, possibly, impeachment proceedings. Call your senators and representatives. Demand action.

Bruce Berlin

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://slate.com/news-and-politics/2019/01/supreme-court-ethics-code-judges-john-roberts.html

[2] Ibid.

[3] https://en.wikipedia.org/wiki/Faith_and_Action

[4] Ibid.

[5] https://www.nytimes.com/2022/11/19/us/supreme-court-leak-abortion-roe-wade.html

[6] Ibid.

[7] https://www.cnn.com/2022/07/26/politics/supreme-court-john-roberts-abortion-dobbs/index.html

[8] https://www.newsweek.com/conservative-likely-leaked-dobbs-decision-opinion-1755496

[9] https://www.nytimes.com/2022/11/19/us/supreme-court-leak-abortion-roe-wade.html

[10] Ibid.

[11] https://www.latimes.com/opinion/story/2022-11-23/clarence-thomas-recusal-supreme-court-jan-6

[12] https://www.commondreams.org/news/2022/11/19/calls-ethics-probe-follow-bombshell-report-right-wing-attempts-influence-supreme

The Struggle for the Soul of America: The Anti-American Republicans

Posted on October 2, 2022 by Author: Bruce Berlin

On Friday, Congress passed a last-minute Continuing Resolution to avert a partial government shutdown and keep the government running until December 16. That gives Congress 10 weeks of breathing room to forge together a budget for the new fiscal year, which just began on October 1.

While Democrats overwhelmingly supported the Resolution, 25 Republican senators and 201 Republican House members voted against it. In total, only 32 out of 261 Congressional Republicans decided it was more important to keep our government running than to shut it down because they objected to certain measures or omissions.[1] Without a budget resolution all non-essential discretionary functions would have stopped this past Friday at midnight.[2] Over 85% of Republicans responsible for enacting our laws were willing to throw thousands of federal employees out of work, halt many federal programs that millions of Americans depend on, and greatly disrupt our economy rather than give Congress just 10 more weeks to pass a budget for fiscal 2023.

The stopgap spending bill provides $18.8 billion for Hurricane Ian and other disaster relief,[3] including $2.5 billion for those adversely affected by the Hermit’s Peak/Calf Canyon fire in New Mexico.[4] Despite Hurricane Ian’s devastation of their state, all 16 Floridian GOP members of the House voted against the Resolution.[5] (Incredibly, Florida Sen. Rick Scott joined in the dissent while Sen. Rubio failed to cast a vote.[6]) Apparently party politics are more important to them than their own constituents’ extreme hardship and their state’s dire need for aid in the face of this major catastrophe.

With November election day fast approaching, what were they thinking? How will Florida’s voters respond to their Republican representatives turning their backs on them in their hour of need. It’s also very telling that Florida Republican Governor Ron DeSantis voted against relief for the Northeast in the wake of Hurricane Sandy a decade ago when he was in Congress.[7] Ironically, he is now welcoming federal disaster assistance for his home state.[8]

You have to wonder how Republicans sleep at night. Putting their party ahead of their constituents’ urgent needs. Welcoming federal aid only when they believe it will further their political ambitions. You’d hope that voters would see through Republican hypocrisy and lack of compassion and reject their candidates at the polls. We’ll know if that’s the case in just a few short weeks.

Bruce Berlin, J.D.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.washingtonpost.com/politics/2022/09/30/congress-continuing-resolution-jackson-investiture/

[2] https://www.crfb.org/papers/qa-everything-you-should-know-about-government-shutdowns#whatservicesaffected

[3] https://federalnewsnetwork.com/budget/2022/09/house-passes-continuing-resolution-averting-government-shutdown-fda-furloughs/; https://www.appropriations.senate.gov/news/leahy-statement-on-final-passage-of-the-continuing-resolution-

[4] https://apnews.com/article/wildfires-fires-new-mexico-business-congress-a1c482f16a2d306cb9edfd9612992273

[5] https://www.axios.com/2022/10/01/hurricane-ian-florida-gop-marco-rubio-funding

[6] https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/vote_117_2_00351.htm

[7] https://www.washingtonpost.com/politics/2022/09/30/hurricane-relief-votes-hypocrisy/

[8] https://apnews.com/a09c2b89211fba1a55a9b26f05d26203; https://www.yahoo.com/finance/news/desantis-dials-down-rhetoric-biden-210148402.html

The Struggle for the Soul of America: It’s Rosh Hashanah, Time for Reflection and a Fresh Start

Posted on September 25, 2022 by Author: Bruce Berlin

Rosh Hashanah, the Jewish New Year, begins at sunset this evening. For Jews, it’s a time for reflection, examining one’s life, making amends to those we’ve harmed and starting over with a fresh slate. Clearly, it’s an exercise that we all could benefit from engaging in.

While Rosh Hashanah focuses on our personal lives, it can also be a time when we look at our larger roles in our communities and in our nation. What have I been doing, or not done, to assist my community? What have I been doing, or not done, to support my country’s efforts to remain a democracy?

As we approach the critical November elections, I feel these questions are particularly pertinent. Though the issue of the future of American democracy will not explicitly be on the ballot, it casts a huge shadow over this fall’s elections.

There’s no question that democracy is under attack around the country. The January 6^th assault on the Capitol with the intent to stop the certification of the 2020 presidential election is just the most blatant example. In the last year, there have been “more than 1,000 threats to election officials…, with more than 100 of them meeting the threshold for a federal criminal investigation. More than half of the potentially criminal threats were in highly contested states where allies of ousted President Trump tried to overturn the results, such as in Arizona, Georgia, Colorado, Michigan, Pennsylvania, Nevada, and Wisconsin.”[1]

With only six weeks until election day, it’s time to quickly reflect on what we’ve been doing to safeguard our democracy, and then determine what we can do in these last few weeks to help fix the damage that has been done to our country. Here are some suggestions:

Whether you are a Republican, Independent or Democrat, don’t vote for any Republican candidate and encourage everyone you know to do the same. Given the widespread Republican efforts to thwart democracy and win at all costs, electing any Republican will only strengthen the party’s ability to advance toward authoritarian rule. As Jill Lawrence of USA Today asserted, “the Republican Party is on a dark path and should not hold power anywhere until it comes back into the light.”[2]
Urge your state and local law enforcement officers to take every precaution to ensure the safety of poll workers and other election officials, as well as to make sure that the elections are free and fair. Intimidation of elections officials cannot be tolerated.[3]
Write letters to the editor explaining why our democracy is at risk and that everyone who cares about the future of our democracy must vote for Democrats.
Support Democrats running for office, especially for Congress and Secretaries of State who oversee elections. Here in New Mexico, we have the opportunity to turn a red Congressional seat blue. Contribute to and work for Gabe Vasquez, the Democrat running in District 2 against MAGA Republican Rep. Yvette Herrell. Go to https://gabeforcongress.com/ to get involved in his campaign.

Time is running out. In the spirit of Rosh Hashanah, we need to reflect on our less than full support for democracy. Then, step up and give it everything we can in these last six weeks to ensure its survival. As Ben Franklin said when asked about the form of government the founding fathers were creating, “A democracy, if you can keep it.”[4] And keep it, we must.

Bruce Berlin, J.D.

[1] https://blog.ucsusa.org/derrick-jackson/democracy-under-attack-confronting-mounting-threats-to-us-election-workers/

[2] https://www.yahoo.com/news/care-country-rights-dont-vote-110005774.html

[3] https://blog.ucsusa.org/derrick-jackson/democracy-under-attack-confronting-mounting-threats-to-us-election-workers/

[4] https://www.forbes.com/quotes/9010/

The Struggle for the Soul of America: Trump Grapples for a Lifeboat as He Sinks Deeper into Troubled Waters

Posted on September 11, 2022 by Author: Bruce Berlin

In the last month almost all the headlines have focused on former President Trump’s mishandling and concealing classified documents belonging to the government. Until very recently, it seemed like an open and shut case. Trump knowingly took the documents that belonged to the government. When he was asked to return them, he claimed he had. But a court-ordered search of Mar-a-Lago revealed that he still had many such documents in his possession in violation of federal law.

To no one’s surprise, Trump devised a scheme to delay the DOJ’s prosecution of this case. He got one of his hand-picked judges, U.S. District Judge Aileen M. Cannon, to order that a special master examinethe seized documents, telling prosecutors they cannot use the material until it is reviewed.[1] While legal experts believe the judge had no legal support for her ruling[2] and the Justice Department immediately appealed Cannon’s decision,[3] it is an open question as to the extent Trump’s maneuver will hamper the wheels of justice.

Though many are dismayed by his latest ploy, Trump is still in a heap of trouble. Former high ranking Justice Department lawyer Peter Keisler noted, “If the department concludes that the former president or others in his circle intentionally sought to deceive the government in order to obstruct its investigation, that would significantly elevate the seriousness of this already very serious matter.”[4]

From what we now know, it sure looks like Trump intentionally sought to deceive the government and obstruct justice. Nevertheless, his duplicity could unfortunately delay prosecuting him in this matter for some time.

Regardless, Trump is sinking deeper into troubled waters and his legal jeopardy will not go away. In fact, the DOJ’s continuing investigation into the January 6 insurrection and the conspiracy to have alternative electors overturn the 2020 election in a number of states will likely now receive greater scrutiny due to the delay in the concealment of government documents probe.

Former Trump White House lawyer Ty Cobb (not the baseball hall of famer) contends that the chances of Trump being indicted by the Department of Justice are “very high.” He recently explained that Trump’s “interfering with Pence…trying to persuade him in a very aggressive effort not to certify the election, and to send certain electors back, I think that was criminal.”[5] He believes Trump’s most serious legal problems are due to the obstructive activity he took in connection with the Jan. 6 proceeding…and the attempts to interfere in the election count in Georgia, Arizona, Pennsylvania and perhaps Michigan.”[6]

Still, there will be no resolution of any of this until after November’s election. Neither the DOJ nor the states’ prosecutors will want any hint that their actions are politically motivated. Yet Trump’s obsession with being in the limelight will clearly color this year’s elections as well as those in 2024. Sink or swim, Trump just can’t help himself.

Bruce Berlin, J.D.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.washingtonpost.com/national-security/2022/09/08/justice-appeals-trump-documents-special-master/

[2] https://truthout.org/articles/trump-appointed-judge-rejects-amicus-brief-in-bizarre-move-critics-say/

[3] https://www.washingtonpost.com/national-security/2022/09/08/justice-appeals-trump-documents-special-master/

[4] https://www.washingtonpost.com/opinions/2022/09/01/republican-lawyers-trump-documents/

[5] https://www.cnbc.com/2022/09/09/ty-cobb-former-trump-white-house-lawyer-says-he-violated-constitution.html

[6] Ibid.

The Struggle for the Soul of America: It’s Time to Fight Back!

Posted on July 3, 2022 by Author: Bruce Berlin

In response to the recent Supreme Court decisions undercutting women’s rights, environmental protection, gun control and more, I agree with environmentalist Bill McKibben. His recent observations remind me of the Chinese proverb, “in every crisis lies the seed of opportunity.[1] McKibben wrote:

A reasonable reaction to the week’s Supreme Court rulings, which culminated in Thursday’s gutting of the Clean Air Act, would be: we are so screwed.

But there’s another way to look at it: we can turn the right-wing’s wet dream into a nightmare for them if we fight back. If we seize it, we have the best opportunity in many years for reconfiguring American politics.

The key thing to understand about these Supreme Court decisions is that they’re fantastically unpopular. On guns, on choice, and on climate the Court has taken us places Americans badly do not want to go. By majorities of two-thirds or more Americans detest these opinions; those are majorities large enough to win elections and to shape policy, even in our corroded democracy. The right, after decades of slow and careful and patient nibbling away at rights and norms is suddenly rushing full-tilt. That’s dangerous for us, but also for them. The force of that charge can, jiu jitsu-like, be turned against them.[2]

This past week in the case of West Virginia v. EPA, the Court found that the Environmental Protection Agency did not have the authority to regulate reducing carbon emissions under the 1970 Clean Air Act by forcing utility companies to shift from coal to renewable energy. The Court held that Congress did not specifically authorize the EPA to regulate CO2 in this way. The ruling effectively makes it much harder for the U.S. government to combat climate change.[3]

But it does much more than that. It opens the door to the Court’s usurping the role of ultimate policymaker in many other areas of our lives as well, be it education, healthcare or any matter where Congress has designated the power to regulate to the Executive branch. In a blistering dissent, Justice Elena Kagan accuses the Court majority of substituting its own ideas about policymaking for Congress’s: “…the Court today prevents congressionally authorized agency action to curb power plants’ carbon dioxide emissions. The Court appoints itself—instead of Congress or the expert agency—the decisionmaker on climate policy.”[4]

What’s to prevent the Court from taking this same approach in other regulatory fields? In the short political term, according to McKibben, “a promise from every Democrat that they would overturn the filibuster and expand the Court if elected.”[5]

So, we need to get every Democratic candidate for federal office to make that promise on the record before the election campaigns heat up. That promise could well boost Democratic turnout in November. McKibben argues that “our majorities on these issues are large enough to overwhelm even these archaic structures. Seventy percent is enough.”[6] In fact, this fight must be taken to state legislative elections as well. (More about that in next week’s blog.)

While inflation and the economy will be important in voters’ minds, these recent unpopular Court rulings affecting all Americans could turn November’s election in the Democrats’ favor. Following the West Virginia v. EPA decision, on Thursday a coalition of 15 climate, environmental, and social justice advocacy groups, including the Center for Popular Democracy, the Indigenous Environmental Network, Indivisible, the Movement for Black Lives and the Working Families Party, called for the addition of four justices “to restore balance to the Court.”[7]

Sen. Ed Markey (D-Mass.) and Rep. Jamaal Bowman (D-N.Y.) immediately joined this initiative. Markey asserted that “We cannot sit idly by as extremists on the Supreme Court eviscerate the authorities that the government has had for decades to combat climate change and reduce pollution…We must also pass my Judiciary Act[8] to expand the Court to restore balance and legitimacy to the bench.”[9]

With just four months until the election, the battle lines have been clearly drawn. Support the coalition’s efforts. Urge your senators and Congresspeople to abolish the filibuster and pass the Judiciary Act of 2021. Our rights and American democracy depend on all of us fighting back now!

Bruce Berlin

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1]https://www.pinterest.com/pin/368169338291210377/#:~:text=In%20every%20crisis%20lies%20the%20seed%20of%20opportunity

[2] https://www.commondreams.org/views/2022/07/02/time-now-people-powered-backlash

[3] https://www.huffpost.com/entry/supreme-court-climegae-change-carbon-emissions_n_62b36169e4b06169caa14933; https://www.washingtonpost.com/climate-environment/2022/06/30/epa-supreme-court-west-virginia/

[4] https://reason.com/volokh/2022/07/01/justice-kagan-throws-down-the-gauntlet-we-are-not-all-textualists-now/

[5] https://www.commondreams.org/views/2022/07/02/time-now-people-powered-backlash

[6] Ibid.

[7] https://www.commondreams.org/news/2022/06/30/markey-bowman-join-climate-coalition-urging-scotus-expansion

[8] https://www.commondreams.org/news/2021/04/15/combat-right-wing-assault-democracy-new-bill-would-add-four-seats-supreme-court

[9] https://www.commondreams.org/news/2022/06/30/markey-bowman-join-climate-coalition-urging-scotus-expansion

The Struggle for the Soul of America: Republican Dishonor Will Remain

Posted on June 20, 2022 by Author: Bruce Berlin

“Tonight, I say this to my Republican colleagues who are defending the indefensible: There will come a day when Donald Trump is gone, but your dishonor will remain.”[1] That was the message Rep. Liz Cheney (R-WY), co-chair of the House Select Committee investigating the January 6^th insurrection, gave to Congressional Republicans as the committee’s historic hearings began on June 9^th.

After concluding three public hearings, Cheney’s warning has become even more foreboding. Yet, despite Trump’s unforgiveable transgressions against American democracy, a great many Republicans continue to support him and believe his Big Lie that the election was stolen.[2] The power Trump has over his party is just mindboggling.

A major test of the impact of the Select Committee’s hearings will be to what extent they influence Americans’ opinions not only of Trump, but of his Congressional Republican enablers. In a recent ABC News/Ipsos poll, “58% of Americans think Trump should be charged with a crime for his role in the riot.”[3] That is six points higher than before the hearings began.[4]

As the hearings continue, I believe that majority will likely grow even larger. In fact, “ex-justice department lawyers say new revelations at the hearings increase the likelihood that Trump will be charged with crimes involving conspiracy to obstruct an official proceeding or defrauding the United States…”[5]

It stands to reason that an increasing majority would want to hold Trump’s Congressional enablers accountable as well. Afterall, the backing of a majority of Republican Congresspeople bolstered Trump’s baseless claims,[6] at least in the eyes of Trump voters.

The most effective way to hold those Republicans accountable would be at the polls this November. While conventional wisdom holds that the insurrection will not be a major issue in this year’s midterm elections, the Select Committee’s hearings could change that.

Of course, inflation and the economy will be very important factors in the election. However, if the hearings continue to provide overwhelming evidence of a conspiracy to overturn the 2020 election and destroy American democracy, then the seats of all the Congressional Republicans who gave credence to the Big Lie could be vulnerable. Instead of supporting Trump’s efforts to subvert the election, these Republicans could have stood up for the truth and our democracy. But their fear of Trump and their thirst for power were stronger than their allegiance to the Constitution and our democracy. For that, as Rep. Cheney noted, their dishonor will remain.

While Trump will not be on the ballot this November, the survival of our democracy will be. Republicans who supported Trump and his attempt to overturn the election are the enemies of democracy. They must be fully exposed as co-conspirators. Americans must understand that a vote for any of them is a vote to destroy our democratic process and create a Trump-led autocratic government. It is up to everyone who wants our democracy to survive to make that crystal clear to all Americans going to the polls this fall.

Bruce Berlin, J.D.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.npr.org/2022/06/09/1104083111/liz-cheney-stark-message-gop-trump-supporters

[2] https://abcnews.go.com/Politics/midterm-primaries-trump-retains-majority-gop-support-poll/story?id=84452201

[3] https://www.yahoo.com/gma/6-10-americans-trump-charged-130009380.html

[4] Ibid.

[5] https://www.theguardian.com/us-news/2022/jun/19/trump-charges-january-6-hearings-capitol-attack

[6] https://www.nytimes.com/interactive/2021/01/07/us/elections/electoral-college-biden-objectors.html

The Struggle for the Soul of America: Will the January 6th Select Committee Succeed?

Posted on June 12, 2022 by Author: Bruce Berlin

While it’s not a sure bet, I believe the House Select Committee investigating the January 6^th attack on the U.S. Capitol will succeed. And, in my view, there is only one measure of success. That is, the Department of Justice will indict Donald Trump for crimes against our nation based on the evidence the committee presents to the American people.

The country is clearly divided on whether Trump is culpable for the insurrection. Thursday’s first televised hearing was only the beginning of the committee’s effort to lay out its case that he is criminally liable. With Rep. Liz Cheney (R-Wy) leading the charge, it was a good initial step.

The committee’s evidence was convincing that there was a conspiracy to overturn the election. For example, it showed video of a meeting between leaders of two far-right groups, the Proud Boys and the Oath Keepers, the night before the attack. Then Capitol Police Officer Caroline Edwards testified that she observed about 200 members of these groups marching to the Capitol at 10:30 the morning of the insurrection, well before Trump urged the crowd at the Ellipse to go to the Capitol and “fight like hell.”[1]

If the “riot” was a spontaneous response to Trump’s speech, why were these right-wing groups already meeting in advance of January 6^th? Why were they encountering police at the Capitol prior to Trump’s Ellipse speech? It stands to reason that they must have conspired in advance to be on the frontline of the larger attack they knew was coming.

The essential question that the committee must answer with concrete evidence in its subsequent hearings then is, to what degree was Trump involved in the effort to overthrow our government. What did Trump do or not do to advance the insurrection and with whom did he interact? As Rep. Cheney asserted, that attempt went well beyond the January 6^th attack on the Capitol. In fact, it continues to this day.

Cheney explained that over the course of several months Trump had a “sophisticated seven-point plan” to overturn the 2020 election and prevent the transition of presidential power. In the next couple of weeks, the committee’s hearings will provide substantial evidence of Trump’s central role in executing his plan. When all else failed, the January insurrection was the final stab at accomplishing his goal.

Other elements of Trump’s scheme included:

Spreading false and fraudulent information to the American public claiming the 2020 election was stolen from him,
Replacing the Acting Attorney General, so that the Department of Justice would support his fake election claims,
Pressuring state election officials, and state legislators, to change election results,
Instructing Republicans in multiple states to create false electoral slates and transmit those slates to Congress and the National Archives, and
Summoning his supporters to Washington and directing them to march on the US Capitol.[2]

When you put this all together, it’s clear that Trump’s intent was to overturn the election and remain in power by unlawful means. In practically all criminal cases, proving the accused’s intent is a critical element in obtaining a conviction. It’s now up to the committee to present evidence in its upcoming hearings that establishes Trump’s intent beyond a reasonable doubt. If it can do that, and I think they can, Attorney General Merrick Garland and the Department of Justice will prosecute Trump for crimes against the United States.

Bruce Berlin, J.D.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.usatoday.com/story/news/politics/2022/06/09/january-6-committee-hearing-live-updates/7529743001/

[2] https://www.cnn.com/2022/06/09/politics/jan-6-hearing-cheney-trump-overturn-election-plan/index.html

The Struggle for the Soul of America: Enough Is Enough!

Posted on May 29, 2022 by Author: Bruce Berlin

This past week we witnessed yet another senseless mass shooting in an elementary school in Uvalde, Texas. Our nation grieves for all the victims of this terrible tragedy, as well as for their families, teachers and classmates.

We have allowed these horrific events to occur for way too long without demanding concrete efforts to prevent them. Enough is enough!

In April 1999, we were shocked when 12 students and a teacher were shot and killed at Columbine High School in Littleton, CO.[1] In just five months this year there have already been 27 school shootings.[2] The next one could be at your child’s or grandchild’s school. They are all at-risk.

Since 2009, there have been 274 mass shootings in the United States, resulting in 1536 people shot and killed and 983 people shot and wounded.[3] The next one could be in your shopping mall or movie theater. We are all at-risk and we must have solid solutions to this deadly epidemic now.

There are two things that have real power in American politics. One is money and the other is people. I wrote a whole book, Breaking Big Money’s Grip on America, on this topic several years ago. (See breakingbigmoneysgrip.com.) Given the most recent deadly shootings in Texas and Buffalo, New York, this issue is even more relevant today.

In the wake of these tragic events, the roles that both money and people play in dealing with gun violence in our country needs to be made clear to all Americans.

First, how effective is money in influencing public policy on gun control? In my book, I wrote:

“Though 92 percent of Americans want universal background checks for people purchasing guns, our elected officials’ personal ambitions override the public interest and dictate their political actions.”[4]

From 2000 to 2013, the gun lobby, which includes the National Rifle Association (NRA), the firearms industry, and the Gun Owners of America, has contributed a combined $81 million to congressional and presidential election campaigns to defeat gun control measures.[5] The gun lobby’s investment paid off when the Republican Congress refused to renew the ban on assault weapons after it expired in 2004.[6]

Back then, the U.S. senators who received the most campaign contributions from the gun lobby were Republicans like Roy Blunt (R-MO), who received $2.6 million from the NRA during his 2010 campaign, and Ron Johnson (R-WI), $1.2 million from the NRA.[7]

It’s no different today. The top 10 Senate recipients of NRA contributions are all Republicans. Leading the pack is Mitt Romney (R-UT) with over $13 million. Roy Blunt is still up there at number 3 with over $4.5 million. Number 10 is Bill Cassidy (R-LA) with a still sizeable $2.8 million.

When it comes to gun control policy, Republican senators choose taking money from the gun lobby over protecting American lives.

So, what about we, the people’s effect on gun control policy? The Coalition to Stop Gun Violence (CSGV) is comprised of 47 national organizations working to reduce gun violence. Its coalition members include religious organizations, child welfare advocates, public health professionals, and social justice organizations.[8] However, their noble efforts have not borne much fruit.

Since the 1993 Brady Handgun Violence Prevention Act, Congress has not passed a universal background check statute or any other meaningful legislation to deal with the issue of gun violence in our country.[9]

How to get sensible gun control laws passed? We have to elect pro-gun control candidates and vote those gun lobby-dominated Republican senators out of office. While that will not be easy with all the campaign money they receive, the power of the people to force change can be formidable. Consider the Women’s movement and the Civil Rights movement.

According to the latest poll following the most recent Texas and Buffalo shootings, 65% of Americans support stricter gun control laws.[10]

We must make gun control a top issue in this year’s elections. Republican senators like Ron Johnson (R-WI) and Marco Rubio (R-FL) are vulnerable on this as well as the other hot-button issue of abortion rights. Open seats in North Carolina, Pennsylvania and Ohio are winnable by pro-gun control Democrats as well.

We need to protect our children as well as all Americans. The best way to do that now is to get involved in this year’s election campaigns. We must make sure that the great majority of Americans who support gun control vote in November. It’s up to all of us to make that happen.

Bruce Berlin, J.D.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.history.com/topics/1990s/columbine-high-school-shootings

[2] https://www.npr.org/2022/05/24/1101050970/2022-school-shootings-so-far

[3] https://everytownresearch.org/maps/mass-shootings-in-america/

[4] Breaking Big Money’s Grip on America, p. 24 (Santa Fe, NM: Our Time Books, 2016)

[5] Ibid, p. 23

[6] https://www.npr.org/2019/08/13/750656174/the-u-s-once-had-a-ban-on-assault-weapons-why-did-it-expire

[7] Ibid, pp. 23-24

[8] https://www.csgv.org/

[9] Breaking Big Money’s Grip on America, p. 23

[10] https://morningconsult.com/2022/05/26/support-for-gun-control-after-uvalde-shooting/