I don't have a whole lot to say about that other than Jonathan Bernstein (who lives in San Antonio) wrote a very nice post this morning on what political science tells us about "natural disasters" and some of the ideas that under-grid the whole idea of democracy itself. Very good stuff.
But that's not while I'm writing this post, I'd rather make a few quick points* about the President's decision pardon to Joe Arpaio the former Sheriff of Maricopa County Arizona, which he decided to roll out tonight of all nights because...I'll get into that. Let's do this bullet point style:
- Is this some brilliant strategy Trump or Jr. or Kelly has cooked up to bury the coverage? Maybe, I guess, in which case it probably won't work at all. But it could just as easily be Trump being a coward, or his strange whims. Maybe Jr. was like "Hey dad, let's just do it and be legends." With this president policy is a mixture of random and rent seeking, so who knows why a choice gets made.
- Arpaio is a bad person in my book and there's a lot of good pieces out there about why this is. If you need a good rundown of his greatest hits Mother Jones had a nice retrospective after Arizona voters finally gave him the boot back in November.
- There's a lot of talk on Twitter about this pardon being "unconstitutional" because Arpaio was facing possible jail time of his own after he was found in criminal contempt of court for continuing to enforce his racist policies after the federal courts told him to stop and then lying about. The very deep concern over this issues is well founded, but from a hard nosed reading of the Constitution I think this is wrong. Trump is well within his constitutional rights to do what he did.
- But by the same token Congress is well within it's rights to do things like censure or even impeach the president, for among other things, abusing his office by pardoning his buddies.
- So the question isn't so much about the Constitution or "the rule of law" as much as it really is about the institutions and norms of American democracy. As political scientist Greg Kroger put it on the Mischiefs of Faction Podcast, and he's talking about why Trump is like but not like Andrew Jackson, ""Andrew Jackson had udder disregard for the institutions and norms of American democracy...yeah." (Greg starts about 29 minutes in, also note Greg's point about how "Andrew Jackson ruined the economy with his stupid populist ideas." Seems relevant with the debt ceiling coming up in September.)
- In other words Trump's pardon represents not some some major breach of laws, but rather yet another example of him smashing down the norms of our democracy. Presidents can pardon, yes but historically they do in extreme circumstances, after the pros and cons were weighted, and institutions like the Department of Justice were allowed to have input into one of the most expansive forms of presidential power in domestic affairs out there. Yes presidents have bent these rules in the past, but Trump's decision seems to be based on the principle that Arpaio is a swell guy or something and thus the President seems to have basically decided to pardon "Sheriff Joe" in the dead of night in the midst of a massive natural disaster because...reasons? So yeah this is different that the Marc Rich fiasco of 2001.
- How does it end? I dunno, the big question is when the Congress will finally decide that enough is enough and it's time to stand up to Trump. Maybe we'll have to wait for the 116th Congress to do this, or maybe Republicans in the 115th will try to take a stand. We shall see.