Tom’s Take: Danforth, Emoluments & Midterms

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TOM’S TAKE

When Danforth Upended Missouri Politics
Fifty years ago today marks an historic milestone in Missouri politics. It was on November 5, 1968 that John C. Danforth was the first Republican in forty years to be elected to a statewide office—that of Attorney General.

I have posted a column in the Kansas City Star printed today in which I offer my eyewitness account of that campaign. As is always the case in these matters, an editor at the Star had to adapt my comments to fit the available space. I thought he did a good job but I would like to add back in several remarks that landed on the cutting room floor.

Nineteen-sixty eight was a crazy year with President Johnson announcing in March he would not run for re-election then four days later Martin Luther King, Jr. was shot. On June 5 th Robert Kennedy was assassinated in a San Francisco ballroom on the night he won the California presidential primary. Marilyn and my wedding had been scheduled three days later. As we joined the nation in mourning the loss of another member of the nation’s political first family, we seriously considered postponing the wedding but eventually decided to go forward as our guests had already made travel commitments.

It was upon our return to St. Louis from our honeymoon that I spotted the announcement about the Lindsay-Danforth fundraising dinner. Jack may have come from a wealthy family, but I can attest the campaign apparatus was a bare bones operation. Instead of using color, the campaign handouts and bumper stickers were a stark black and white. The theme was “I Dare You” a reference to Jack’s grandfather’s saying of daring others to do well. Jack was daring the people of Missouri to vote for a 32-year old first time candidate running as a Republican to the state’s highest law enforcement office.

Jack Danforth served two terms as Missouri Attorney General. He would later serve with distinction for 18 years in the U.S. Senate as well as a stint as Ambassador to the United Nations. He and Sally reside in St. Louis County.

Update on Our Emoluments Case: Judge Denies Trump’s Request
U.S. District Judge Peter J. Messitte has denied President Trump’s request to stop a lawsuit alleging he is violating the Constitution by doing personal business with foreign governments. This decision paves the way to require Trump to produce evidence of his business practices at his Washington, DC Trump Hotel where many foreign dignitaries and officials stay. Justice Department lawyers argued the lawsuit should be dismissed because it was a “burden” for Trump, distracting from his duties as a sitting president. The judge ruled those arguments are not believable noting the president, himself, has threatened lawsuits against a variety of critics. Besides, it has been reported he has played golf at least 159 days since he has been president and, according to official White House records, usually does not start his work day until 11:00 AM, preferring to watch cable TV instead. The judge also found that Trump makes money off the federal government when it does business at the Trump DC property.

Trump is very concerned he might have to disclose financial records including his income tax returns. Stay tuned.

2018 Midterm Election
The outcome of the 2018 midterm elections will be seen as critical in our nation’s history. Just what history will say about the election is, of course, unknown. What I do know is that our democracy and Constitution require adherence to the rule of law and the principles upon which our nation was founded.

American democracy rests on the fragile foundation of its citizens’ sense of competency and proper functionality. Today that civic bargain is undergoing significant stress as citizens of all political persuasions witness daily examples of a dysfunctional federal government in both the executive and legislative branches. Political corruption and ethical shortcuts are pervasive in our nation’s capital. Our constitutional system of checks and balances is barely surviving. The record shows the president has told over 6,000 lies since taking the oath of office. Republican members of congress have ceded much of their authority to President Trump who is quite willing to accept it. And abuse it. There is no serious check on the president by the congress.

Voters must look beyond their tribal allegiances and act first as Americans. I believe this election will be decided by voters who are not politically extremists of the left or right but who care more about the country rather than party, who are concerned about freedom and liberty not only for themselves but for their children and grandchildren and generations to follow. They will be the ultimate decision makers. I hope there are plenty of them.

Post Election Maneuvers; Fasten Your Seat Belts
With the probability of the U.S. House going Democratic (but not taking office until January 3 of next year) the president may precipitate a constitutional crisis immediately after the election results are clear. Here is a possible scenario: the president fires his Attorney General and appoints an Acting Attorney General if and until one is confirmed by the Senate; the Acting AG then fires Rod Rosenstein who is overseeing the Special Counsel investigation; the Acting AG fires SC Robert Mueller or limits his authority to assure that nothing will come of the investigation. This would be reminiscent of the so-called Saturday night massacre of the Watergate scandal.

Simultaneously, Mueller files grand jury indictments against a slew of Trump family members, associates and other administration officials. It would be doubtful the Republican controlled congress that would be seated until January 3rd would do anything about it. Cue the Supreme Court.

Massive demonstrations will occur all over the nation with the largest ones being in Washington, DC and New York City.

I hope I’m wrong.