36 Comments
Aug 14, 2021Liked by Steven Beschloss

I am a Justice idealist. I not only believe in the rule of law, but believe it is the only thing that will preserve our democracy. As a lawyer I have taken an oath to preserve and protect the constitution and am committed to that promise made over 40 years ago. My deepest concern is that a shocking number of Americans do not understand our founding principles well enough to appreciate the danger we currently face. It is that lack of understanding that encourages Republicans in the House and Senate to continue their irrational defense of the insurrection of January 6, the Big Lie, and all of those who perpetuate the mythology around the Trump agenda.

Expand full comment
Aug 14, 2021Liked by Steven Beschloss

It's getting harder to believe Justice applies to anyone but the "commoners," anymore. TFG, the complicit Congress Members - hell, even a Supreme Court Justice's wife are running around free, after attempting a coup, because we're too timid to hold them accountable? So they, knowing they can do whatever, continue to lie to and gaslight ordinary Americans, essentially using a happenstance virus and natural ignorance as a biological weapon. I'm ashamed of what we've become.

Expand full comment

Yes I do but I have to admit that the long delay is getting on my every last nerve and my patience is running thin for those who believe that some are above the law or should not be held accountable for their criminal behaviors and actions. That is when I never give up hope, hope in the goodness of my fellow man/woman, hope in a faith that all will be well, hope in an America continually striving, holding the promise of a more perfect union and even hope in justice that seems long overdue. Michael and all, in these turbulent days I find so much comfort in those kindred souls reaching for/toward these shared goals. Your writings and knowledge help us to understand our shared history and steady our course forward. I was reading an essay by Dan Rather the other day that also touched me and I want to share for I know you will appreciate. A little hope is always needed and necessary.

There are reasons for hope, buoyed by the courageous actions and service of millions of our fellow citizens, and countless more around the globe.  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

"Hope” is the thing with feathers

Dan Rather, Elliot Kirschner, Alex Van Amson, and Steady Team

Aug 13

Another week is coming to an end, another week where we find ourselves confronting more springboards for distress — on the pandemic, on the climate, on the political environment, and so many other areas of concern. On Steady, we have tried to put these issues into context, and we will continue to do so. But part of what we hope to accomplish with our community is finding ways to break through the cycles of gloom. For there are also reasons for hope, buoyed by the courageous actions and service of millions of our fellow citizens, and countless more around the globe. 

With this in mind, I would like to share a source of inspiration. In troubled times, I often turn to poetry — an art form that evokes the pain and beauty, the hope and fear, the powerful crosscurrents that make us human. A personal favorite is by Emily Dickinson, verses that have brought me no shortage of comfort in the past. I know that contending with despair will always be part of life’s challenges. That means that hope, “the thing with feathers,” can be a motivating force that allows us to keep going. 

“Hope” is the thing with feathers

Emily Dickinson 

“Hope” is the thing with feathers -

That perches in the soul -

And sings the tune without the words -

And never stops - at all -

And sweetest - in the Gale - is heard -

And sore must be the storm -

That could abash the little Bird

That kept so many warm -

I’ve heard it in the chillest land -

And on the strangest Sea -

Yet - never - in Extremity,

It asked a crumb - of me

Here's hoping that we all never give up hope.

Michael you as well as your fellow Dan are some of the ones that continue to inspire and bring me hope. Excellence and truth are always a worthy cause and read. Thanks again #MDDOS my daily dose of sanity, good medicine

G d bless and G d speed all, especially when it comes to justice

Expand full comment
Aug 14, 2021Liked by Steven Beschloss

Very simple. Subsequent regimes are afraid of appearing to criminalize political behavior of political opponents. Apparently, that was true In Italy, when another regime took over (for a while) from Berlusconi. Then, of course, Berlusconi resumed power and was worse than ever. I would cite, but I don't have permission of person who said this. . . . This is yet another "norm / tradition" tradition which needs to be clarified. Unfortunately, the purpose of the criminal justice system needs to be re-thought. (Stay with me here). In the past, marijuana use resulted in stiff sentences, for no good reasons. Addiction problems were wrongly treated criminally. Now, when there is indeed criminal behavior, authorities are afraid of going too far and looking political. Also, it's easy to throw the book at petty criminals, but hard to nail white collar and political criminals. But Enron showed it could be done. Antitrust prosecutions show that it can be done. And, lastly, how to distinguish criminality from a political prosecution? Naming the behavior (accurately, not cable-news misnomers) and explaining the rationale, and having independent prosecutors so the political appointees are not looking over their shoulders constantly. I'm sure none of this is particularly revelatory. jbr

Expand full comment
Aug 14, 2021Liked by Steven Beschloss

I wanted to believe our so called 'Justice System' is fare and works the same for everyone, but I no longer believe that to be the case. From personal experience I know those with the will and the money can not only destroy lives but avoid justice as only lawyers win in most cases, ie... they get the money from their clients and the courts/judges allow this charade to continue until one side is defeated or destroyed, or both.

In the case at hand, with the fascist seditionists grifters who nearly took our feeble democracy down this year, I sense there will be no justice handed down. Most of all because Democrats do not want to be responsible for putting 'justice for all' first and foremost in the minds and hearts of the American people. To the neoliberal leadership of the Democratic party, and the demands they should put on the DOJ, to seek out and indite all crimes, they are at the least, gun shy, and at best, fear it will be used against them should they lose their weak control of the House, Senate and White House. This is false reasoning, and it continues to allows more right wing grifts and criminal activity to flourish, which we have now seen grow for decades because no one is really ever held accountable.

Yes, no one should be above the law, but the law, and the right wing judges instated by the republicans over the decades, by tabling the filibuster and blocking democratic appointments, ultimately shows how weak the democrats have been, and now we are all paying the price.

Now that the Democrats have failed to block the republicans from continued gerrymandering their states and Congressional districts, I fear we will no longer have an opportunity to see justice served ever again. I suspect fascism in the form of a more ruthless and smarter MAGAit will raise and our nation, and life on earth will continue to decline. I truly hope I am wrong, but I see no fight in the DNC leadership to turn this tide of corruption and deceit.

Chaos and false propaganda is fostering bad decisions by stupid people, and unless good people stand up and demand justice, truth and equality in our nation will continue to decline.

Expand full comment
Aug 15, 2021Liked by Steven Beschloss

Yes, I believe that. However, my eyes have been opened (more and more from 2015 on) to the fact that so many others think POC are not above any laws, but white people are above some laws. I was very unaware of the true level of bigotry in the US. It is so apparent now.

No matter if we believe in our justice system, our lawyers and judges execute and run the system as far as guilt and innocence go. Our system is only as good as they are.

I am very disheartened by the lack of jail time the insurrectionists of 1/6 have received so far. I am also very disheartened by the lack of arrests of ppl behind 1/6. I have not seen *anyone* arrested yet who was behind the scenes.

Yes, I believe, but it takes many more and key ppl to make justice happen in America

Expand full comment
Aug 14, 2021Liked by Steven Beschloss

I do believe in justice. My belief has been fortified by the Federal judge, appointed by the former president living in Florida, who allowed the defamation ligation to more forward regarding the voting machines used in the recent election. If successful, this type of ligation will bring pause to those reckless individuals espousing obvious falsehoods in following elections.

As in all organizations and government branches, no matter how well defined, in structure rely on individuals to be professional and ethical in the scope of their duties. The justice system will be the task master, when these individuals faulter.

Expand full comment
Aug 14, 2021Liked by Steven Beschloss

• Justice yes-sort of-yes

• Equal justice no.

Expand full comment
Aug 14, 2021Liked by Steven Beschloss

There was never a time in this country, or this world for that matter, that no one was above the law. You or I get thrown in jail by next Thursday, and for a good long stretch, while the powerful and well connected evade justice for decades. I am not hopeful DOJ as it is currently led will bring anyone of consequence to justice, although I admit the indictment of Barrack gives me hope. However the fact that he was able to bail out almost immediately and remains free given the seriousness of his crimes makes me think he’ll never see a day in prison. The Jan 6 prosecutions are way too lenient, DOJ is using laws designed for someone who unfurls a BLM banner from the gallery during a regular session and then gets arrested willingly. These people were trying to stage a coup and all they’re getting is a slap on the wrist if that, most other countries they’d all a been shot or hung by now. Also, why have we not had a single press conference from DOJ? When the condo in Florida collapsed we got two a day for weeks.

Expand full comment
Aug 15, 2021Liked by Steven Beschloss

If Trump was put away immediately, you wouldn’t see the big lie continuing to spread like it is. The Republicans have become emboldened because they see the lack of accountability.

Expand full comment
Aug 15, 2021Liked by Steven Beschloss

Steven, Molasses isn't justice but cowardice.Damacles would be swift and thorough,this is becoming a mockery and sham.@sethabramson has already made the case. Merrick ,Copy his notes.Convict.

Expand full comment

It does seem like too much time has passed since 1/6 without holding anyone in our government accountable and it’s very disheartening. My guess as to why it’s taking a long time is because they want to get it right. Or possibly the powers that be are concerned about violence from Trump’s rabid fans. Or maybe there’s a mountain of evidence that’s taking a long time to go through.

I believe the Mueller investigation took about two years but that would be way, way too long for America to wait for a reckoning. My major concern is the ongoing damage being done by Trump, Fox News, OAN and various republicans in Congress who remain slavishly devoted, not necessarily to Trump, but to the refforts to destroy democracy.

Expand full comment

I still believe in justice. I still have hope.But...

It is hard to be patient,after four stressful years,waking up each day,checking Twitter,to see what horrible thing TOG did or said. And he didn't go away after he lost the election.In fact,he denied he lost and incited a terrorist attack Jan 6,on the Capitol,to overturn election,.All so he could regain power.All based on Big Lie,election was stolen.

We all have watched TOG and Reps commit crimes in plain site,with absolutely,positively no repercussions.Even after a deadly resurrection,attacks on voting rights bc election too successful...and now intentional sabotage of CV recovery....resulting in thousands of needless deaths.And...Nothing....

But I have to remember Merrick Garland wasn't sworn in until March,and he inherited a huge mess. Information daily reveals the extent of TOG's overreach in federal govt,including DOJ.

I decided all I can do is have faith in our leaders,but continue to be actively engaged to insure my voice is heard. And vote....

The alternative is unacceptable. Evil cannot win. And there are more good people than bad...I have to believe that.

Expand full comment

I am disappointed that those in power are not being investigated by the DOJ IT SEEMS...yet as an Af Am I am not surprised. There have been many Americans locked up and held for long periods of time prior to charges being brought...yet these folks with power and money continue to walk the halls of Capital seemingly untouched by justice. I heard it being said that the DOJ Garland is actually working within an ACTUAL crime scene everyday and he has to clean it up first...which gave me pause to give him a break. But, he was given a job to do and if he cant do it he needs to be replaced. I have lost faith with him, in fact I was not happy with his being given the job in the first place. It seems his expertise is in the judicial branch not the executive branch. He was given the job because his placement as a federal job was stolen by McConnell. It was a bad move. Finally, Biden keeps saying he is gonna keep his hands off the DOJ...but it feels that Garland is following his lead...be nice outwardly, say nothing to provoke...hoping the Trumpsters will forget Trump because he is SO NICE. He gives us stuff! So, no I have never felt that there is true justice for everyone in our country...in the Black community the saying is...there is no justice for us...JUST US! and I agree with Trumps neice, powerful white men have never been held accountable in our country and unless we hold Trump accountable and all his imps our Democracy has failed.

Expand full comment

After reading all of the comments here I have a couple of things to add to what I wrote yesterday. Linda’s comment reminded me that AG Garland wasn’t sworn in until March. Sheryl’s comment reminded me that the insurrection crime scene is where Congress conducts its business, and that could complicate matters.

Laurie’s & Cheryl’s comments reminded me how the majority of people in this country have no idea how our government works or what the Constitution says. That means they are very vulnerable to being deliberately lead astray regarding both the applicable law as well as the relevant facts.

One example of that is the insistence from many people that ‘freedom of speech’ allows them to say literally anything. They aren’t familiar with the concept of protected speech v unprotected speech. What that means is you CAN’T say anything you want.

Exceptions to free speech have been carved out by the courts. My point is, the attorneys building these cases for prosecution can’t help but make decisions about how to proceed with the public in mind. They will be mindful that they’re prosecuting those who broke the law in the public eye, so that may be a consideration that’s slowing the process as well.

Ray’s comments reminded me that although we focus on Trump, he’s just another tool being used by the real power that stays in the shadows. All of you reminded me this is a case of first impression, meaning the issues DOJ are dealing with are rather unique, therefore there are no precedents the DOJ can look to for guidance and that slows down the process too.

So, all of these issues complicate the prosecution. The logistics of how to proceed are complicated because there are so many potential defendants. The politics involved probably make gathering evidence like walking through a field of land mines ready to explode at the slightest mis-step.

As an attorney, I’m fairly sure AG Merrick is giving much consideration to the fact that he’s dealing with the office of the president-in addition to the individual who inhabited that office when the events took place. Although those are two different things from a legal standpoint, most people won’t perceive it that way.

I’ll put it this way, the decisions the DOJ makes when prosecuting a former president (Trump) will affect all future presidents. Ditto for congresspersons and senators.

What that means is, the way these cases are prosecuted will become precedent for all future prosecutions having similar facts and it’s vital for them to keep that in mind as they build their cases. The last thing the DOJ wants is to inadvertently hamstring future presidents as well as future senators and representatives. And, as we all know, future attorneys handling future cases can be very creative when defending or prosecuting, so current attorneys must be careful to not leave any ambiguities that be exploited.

Now, having said all of that, it seems to me there’s a tipping point. At some point the ongoing damage being done by the defendants must be weighed against the time it takes to work up the evidence and make a multitude of important decisions, prior to committing to what you’ve got as being enough to successfully proceed. I think we may be rapidly closing in on that tipping point.

Expand full comment

I do believe in justice and the ironclad need for the rule of law. Unfortunately, we are testing Gladstone's notion that justice delayed is justice denied. 500+ January 6 insurrectionists, legislative conspirators, and TFG and his complicit sycophants still walk free with no real evidence of accountability. Until there are serious consequences, I fear TFG's cult will continue their assault on our democracy and its institutions. Only then we may overwhelm the fear, hate, racism and ignorance that fuels these efforts to impose some form of idiocracy headed by self-serving, dictator wannabe's with no regard for our political and social values. A great deal depends on the visible progress of justice to right this ship, and on the political will of motivated voters to repeatedly send the message that TFG and his cult have no role in democratic, American political life.

Expand full comment

No, I do not believe in justice. But the word "still" does not apply here, as I have never believed in it to begin with. I've always assumed that the halls of power are lined with mirrors and filled with smoke. But then I am a 'glass half empty' kind of person. I'm amazed that everyone else who responded to this is able to say that they still believe. Triumph of hope over experience?

Expand full comment

I believe in justice when the system is turned into a laughing stock. As you said, it’s been 220 days and the hot shots are still walking around free spreading their nonsense. People like Mark Meadows, Steve Bannon, Stephen Miller, Kellyanne Conway, Matt Gaetz. Lauren Boebert, Rand Paul, Kevin McCarthy, Paul Gosar. Madison Cawthorn, Marjorie Taylor Greene, Clark, Barr, Ivanka, Eric, Junior Trump, Kimberly Garafolo, Laura Ingraham, Tucker Carlson, Sean Hannity & a couple more are all involved in the terror attack of Jan. 6. If there is to be justice, every single one of these people need to be held accountable. Also, Fox News, OANN, Newsmax should be held accountable for help spreading the Big Lie & continue to ignite the base with false information. When these people are held accountable, I will have more faith in the justice system. These ppl need to be held to the highest degree of justice. If not, then our system is flawed. I think everyone needs to remember the names mentioned. These are the ones who are trying to take our freedom away….so, the real question is, will Justice prevail in this mess the republicans put our country.

Expand full comment

Like you, I know investigations leading to indictments take time, but also, like you, I wonder if those responsible for Jan 6th will ever face a jury, Mr Beschloss. Censure and sanctions in both the House and Senate should have already occurred and if not approved, should be made public at the very least. The people need to know who was responsible for inciting the insurrection. I can see where someone like Ginny Thomas could claim that she never realized that the Capitol could be attacked, but given the attacks in the state houses in Michigan and Oregon, she should’ve known. They ALL should’ve known. And why security alerts leading up to the insurgency and riot were ignored also need some deep scrutiny. Especially considering that domestic terrorism is high on the radar of Homeland Security.

Expand full comment

I do believe in the rule of law and the Constitution. I am disheartened by the manipulation of the Constitution and courts packed with republican partisans. I am heartened when they put the law ahead of partisanship. I am trying to be patient with DOJ. I think Garland moves slowly and wants to be sure he can get a conviction by thorough investigation. We have to remember he has been in his position only a short time and has to root out the miscreants as well as appoint his own people. It is going to take 4 years to prosecute them all…if not longer.

Expand full comment

I believe there will be Justice but not what I would want for them but something will be done. It will be a slow process. I know I will get impatient with the process but I just need to remind myself that something is being done. I am hopeful that things will get better.

Expand full comment

The Mueller investigation took two years. I am patient. Sure I am frustrated, but I know justice will be served. This is a incredible endeavor for the DOJ besides what they already have on their plate.

Expand full comment

Expect the unexpected for me encapsulates this era we are living through. However, at the current moment it seems that justice, to use a Shakespearean phrase, seems to be “like a school boy, with his satchel and shining morning face, creeping like snail, unwillingly to school.”. Why are they, those in a position of influence and power not calling loudly and daily for Merrick Garland to be replaced immediately with someone who will indict and prosecute immediately all those involved. The evidence is clear and plan and on TV. But almost no one is saying anything. Its not even being questioned by the media. The forces of fascism are dismantling democracy daily and in plain site and Garland is doing nothing. He is not even perusing the obstruction of Justice charges that have already been brought by Mueller. Why isn’t the Lincoln Project, for example, focusing on Garland the way they focused on Trump? Why isn’t Biden even being asked about the complete lack of action by the Justice department. Truly, we are fiddling while Rome burns. And as to infrastructure and other matters, I am reminded of Hitler, of whom they said. Don’t worry about his politics, he is making the trains run on time again and putting everyone back to work. And hey, look, he ushered in the Volkswagen. So how bad can he be?

Expand full comment

Still hopeful but those are diminishing by the hour. Since the relevant fact-patterns lie in Plain Sight the phase of *investigation* need be concluded. If charges do not incrue to those Kingpins & Main Instigators, or Rule of Law is but a quaint remembrance

Expand full comment