Joe, don’t go!

Posted on May 11, 2025 by onthebeatontrack

On those rare occasions when I’m in need of an emetic, I’d rather have a finger stuck down my throat than have the image of Joe Biden stuck through my retina.

But he’s baaaaaack anyway. Democrats hate that he’s back.

What my enemy hates, I should like. And so, I do. Even though it hurts my eyes and turns my stomach.

Democrats hate it for the same reasons that I like it. Every Joe sighting reminds people of why they voted against him. He demonstrates that he’s a creaky, corrupt, cardboard cutout that is incapable of thought and practically incapable of reading a teleprompter containing the thoughts of people who do his thinking for him.

Every appearance reminds people that the Democrats lied that he was “sharp as a tack” right up to the minute that he proved beyond a reasonable doubt that he was dull as a dullard, at which time they dumped him like a stained, plaid Laz-Z-Boy from the 70s and declared that their hand-picked replacement (why bother with primaries to ascertain the people’s preference when you have Nancy, Chuck and Barack?) was

. . . wait for it . . .

. . . “sharp as a tack.”

And joyous, to boot. And no known hair plugs, capped teeth, or criminal family.

I almost feel bad for Joe that the Democrats are not even pretending to welcome him. Almost.

“Joe, please go” Is their typical greeting. Guffaws are their typical reaction to his tiresome contention that he would have won the election (if only he’d had the courage not to quit). Yawns are elicited by his warnings that the Republicans want to end Social Security, end motherhood, and end the world.

Rage is the emotion generated by him reminding Democrats of his truculent, selfish refusal to quit when the quitting was good – back when the primaries were playing out and a competent new candidate could be chosen in the way they’re supposed to be. Embarrassment is what they feel when they see him stumbling, bumbling, humbling and crumbling on a stage.

Mind you, I don’t blame Joe for being semi-senile. Lots of people wind up there. Supreme Court Justice Ruth Bader Ginsburg in her final years comes to mind.

Ginsburg is another person whom I adore because she screwed the Democrats by quitting long after the quitting was good. Ginsburg’s encroaching senility so clouded her judgment that she could not see it encroaching, and so she failed to quit in time for Barack Obama to name her replacement.

She died at age 87 while still on the bench (when she was not in the hospital). After decades of reliably liberal votes, the legacy she left is that her replacement is Amy Coney Barrett, nominated by Republican President Trump and confirmed by a Republican Senate.

Back to Joe being back. Surely, he can still distinguish between friends and enemies. Given that his friends wish he’d go away for good, and his enemies are happy he doesn’t, one might ask, why doesn’t he go away?

This might shock you, but politicians have big egos. They crave attention. It’s not exactly a monastic profession.

I don’t hold that against them. The need for attention is fundamental to mankind (and, to a slightly lesser extent, womenkind). Some people achieve it by being loved, others achieve it by being hated, and still others achieve it by writing stupid blogs where they weave themselves into the narrative.

What I hold against Joe is not his basic need for attention. What I hold against him is his terrible policies, his family corruption, his gross incompetence, and his shameless lies.

I’m glad he’s back to remind Americans of those things. As he continues to decline, I hope he sticks around. Cement that legacy, Joe.

Should we kill all the alligators, or get out of the swamp?

Posted on March 30, 2025 by onthebeatontrack

Lawyer advising client engaged in expensive litigation: The goal should be to get out of the swamp, not to kill all the alligators.

Dishonest media-alligators undermined President Trump’s first Presidency with bogus charges of Russian collusion. Corrupt deep state-alligators fabricated allegations to defeat his re-election in 2020. Partisan prosecutor-alligators in New York and Georgia brought bogus charges in trying to derail his election last year.

Overreaching judge-alligators in some of the federal district courts now seek to undermine his national security policies – an area that the Constitution largely reserves to the President.

It’s a testament to Trump’s courage and stamina – and to the nation’s structure and people – that he has fought and mostly beaten the alligators over the last ten years. In his spare time, he got himself elected President twice and survived two assassin-alligators.

He’s been up to his elbows in alligators. I understand why he’s going after them now. I probably would, too.

It’s also important to note, in fairness to Trump, that we didn’t elect him to get us out of the swamp; we elected him to drain it. Draining the swamp is inevitably hard on the alligators who feed there.

But here’s the issue. Not all of Trump’s targets today are alligators and not all are even in the swamp.

Such as Big Law.

I don’t expect you to feel sorry for girly men and manly girls pulling down seven-figures to say res ipsa loquitur. And it’s a fact that Big Law (which I’ll define as the several dozen American law firms with over 1,000 lawyers) is a mostly liberal crowd. That is evident from their political contributions which are largely to Democrats, and from their pro bono activities which are mostly for liberal causes.

But you could say the same thing about nuns. (Not the seven-figures part.)

In my practice, seldom did I see Big Law behaving like a political institution. In fact, the firms that comprise Big Law are rivals which rarely act concertedly or even cooperatively. Rather, they make a good living by fighting with one another on behalf of their opposing clients.

Those clients are notably moderate, since the executive ranks of the Fortune 500 include very few radicals. In their choice of lawyers to represent them in their next billion-dollar merger or bet-the-company antitrust case, they aren’t exactly looking for Che Guevara.

As for individual lawyers, the recipe for success in Big Law has nothing to do with political leanings. The recipe is: do great work, have great clients, and bill great hours. (I had at least one of those ingredients when I was in Big Law, and wound up doing OK.)

Big Law is simply not an alligator, and, even if it is, it’s not in the D.C. swamp (with the possible exception of the firm that was involved in the Steele Dossier, an involvement from which the firm has distanced itself after the departure of a key lawyer).

Even if Big Law firms are indeed Democrat institutions, notwithstanding what I’ve pointed out above, being a Democrat merely makes a person hypocritical, socialistic, loathsome, and halitotic. It doesn’t make them a criminal.

So, is it appropriate to bring the enormity of the U.S. Government to bear on private enterprises like Big Law for the sin of choosing one political doctrine over another?

If so, then why limit it to Big Law? Why not have the government go after Big Business for their political leanings? Why not go after Big Billionaires for theirs? Why not go after Big You and Big Me for ours?

Why not go after Big Nuns?

Before you moan “damned straight!” consider the fact that someday there will be another Democrat President, someday there will be another Democrat Congress, and someday there will be another Democrat Supreme Court.

If America is to continue, it will be as a nation of predictable laws and sound principles, not a series of regimes exacting revenge on their predecessor regimes.

That said, I can hardly wait for Trump and Musk to bring down the teachers’ unions.

Glenn K. Beaton practiced law in the federal courts, including the Supreme Court.

Is it productive for Trump to push legal limits?

Posted on March 18, 2025 by onthebeatontrack

I won’t leave you in suspense. I’m a lawyer, so the answer is sometimes yes, sometimes no.

If you’re in the tribe that thinks whatever Trump does is wrong, or the opposite tribe that thinks whatever Trump does is right, then read no further. Just skip the analysis and instead warm up your cheers or your jeers for the Comments below, as your tribe dictates.

But if you’re in neither tribe, but are just a political partisan (which is different than being in a tribe) or a political neutral (are there any these days?) then read on.

It’s important to recognize at the outset that Presidents push legal limits all the time, and they often lose when the matter is adjudicated in the courts. The actions of Joe Biden’s administration were frequently struck down as being in violation of applicable laws or Constitutional provisions. That includes actions on important matters concerning the immigration laws, the environmental laws, the deference to administrative agencies, the wage laws, and student loan forgiveness.

Before you exclaim “Yeah, Biden was a crook,” be aware that this is something that just happens with Presidents, including Bush, Obama, Reagan and nearly every other one. Abraham Lincoln illegally suspended the Constitutional habeas corpus rules, thereby precluding wrongly imprisoned American citizens from seeking court reviews of their cases.

(All that said, Biden was indeed a crook.)

It would be a simpler world if the good guys and bad guys and all the rest of us always knew exactly what’s legal and what’s not. We’d just send the bad guys to jail when they did something that’s not. We wouldn’t need trials, courts, judges and juries.

But our world is complicated and fact-dependent, and so is the law.

That’s why I have no problem with President Trump testing the limits. If he didn’t, he wouldn’t be doing his job – a job I voted for him to do, three times (in three elections, I hasten to add).

A good example is the issue of birthright citizenship. The 14^th Amendment appears to state that a person born in this country is automatically a citizen of the country, regardless of whether the mother is in the country legally.

But the Amendment contains a vague qualifier “subject to the jurisdiction thereof.” Trump’s argument is that this qualifying phrase excludes from citizenship a baby born in this country if its mother is here illegally.

Although I hope Trump’s argument will succeed, I think it ultimately will not. But it’s a non-frivolous argument, and I would not be shocked if the Supreme Court ultimately buys it (though I would indeed be surprised).

In such a case, it’s fine for President Trump to make the argument. Let it go up to the Supreme Court, as Trump has requested, and let them decide the matter. That’s the way the system is supposed to work, and it nearly always does.

By the way, six of the nine Supreme Court Justices were appointed by Republicans who might lean toward Trump’s view of the matter.

(Here’s where you can complain that some of the Republican-appointed Justices are not “real conservatives.” Fine. But if that’s the case, then the blame lies with the Republican Presidents who appointed them – who was President Trump in his first term in the case of three of the six.)

Now here’s where things get dicey. What happens if Trump’s argument on birthright citizenship fails at the Supreme Court?

Trump himself has said he has no intention of violating court orders. That should end the matter. If it doesn’t, then we truly have a crisis, and I don’t mean that in a good way.

We had a hint of a crisis this week. The Department of Justice put Venezuelan immigrants alleged to be gang members on planes to deport them. There was apparently no contention that they were here legally, but there was also no due process finding that they were indeed members of the identified gang.

A judge ordered that they not be deported for another two weeks so that the matter could be given minimal due process. Meanwhile, the individuals were safely in the DOJ’s custody.

The judge at a hearing explicitly told the DOJ that they should instruct any planes already in the air to turn around. However, the judge’s subsequent written order did not include that instruction.

Be aware that judges often issue orders orally. There’s no magic about reducing an order to writing.

But the White House has contended that the absence of the judge’s oral turn-around order in his written order meant that it was no longer in effect. Therefore, they say, they were free to let the planes proceed without intending any violation of the court’s order.

I find that argument dubious.

But I’m very glad they made that argument, rather than simply stating “We don’t follow court orders we don’t like from judges we don’t respect.”

That sort of belligerence would be unconstructive, and would cost Trump the support of most Americans. We’ve come too far to lose it all in an ill-advised cafeteria food fight.

Unfortunately, however, that’s the belligerence I’m seeing in some of the internet commentary from the tribe.

Let’s look at the big picture. In virtually all democracies (almost by definition), the final interpretation of laws is made by the judicial branch, not by an executive branch. The Constitution that we conservatives hold dear requires the executive to defer to the courts in interpreting the nation’s laws.

If the executive doesn’t like a law, his remedy is to get the law changed if the people’s representatives concur. It’s not to say “I can do whatever I want because the people elected me.”

That could be our system, but it clearly is not. If it were, then all the judges – and, for that matter, all the legislators – could just go home. But it would be to a very different home.

Glenn K. Beaton practiced law in the federal courts, including the Supreme Court.

Was Michelle Obama a DEI bride?

Posted on February 11, 2025 by onthebeatontrack

I have nothing against Michelle. The media tells us that she’s pretty, she’s smart, she’s accomplished, and I’m sure she’s charming. As her husband said about Hillary Clinton, she’s “likable enough.”

OK, I’ll admit that I didn’t particularly like her comment that the first time she was proud of America was the night Barack was elected. Surely there was a time in her first 45 years before then that she felt some pride in America. How about when the 1980 Olympic Hockey Team beat the Russians? How about when we put a man on the Moon? How about when we passed the Civil Rights Acts?

In any event, I always thought she could have congratulated her husband for being elected President of the nation without gratuitously insulting that nation. If she truly thought so little of the nation that she’d never before been proud of it, how could she be proud that he’d been elected President of it?

And how could the incoming First Lady be so rude to the country? A more gracious statement still true to her feelings might have been something like “I was so proud of America that night.”

Also, I think the media fawning over her beauty was a bit overdone, to the point that it seemed racially condescending to me. Beauty is in the eye of the beholder, but to my eye she is not as beautiful as Jackie Kennedy was. But, for that, blame the media and their eyes for their contrary judgment, not Michelle.

As for Michelle’s considerable accomplishments, one was indeed comparable to Jackie’s — it was to marry well. Michelle married a bright, rising politician by the name of Barry Soetoro.

Soetoro had been born to an 18-year-old white woman and an older Kenyan man who abandoned them. He grew up in Hawaii as a mixed-race boy of a white mother.

Soetoro became interested in politics, particularly the ethnic type. In that, his white mother — his only parent that was present — was a liability. Being half Black was an asset, but only a half-ass-et.

With a touch of the self-promoting genius he was to display throughout his career, he changed his name to “Barack Obama,” taking his missing father’s Kenyan name. And he decided he “identified” as all Black.

In one of the self-promotion books he later wrote, he even stated in the preface that he had been born in Kenya. When that became problematic — nay, disqualifying — in his campaign for the Presidency, he “explained” that the preface had been written by someone else and he’d never read it.

Uh huh. It’s surprising that the press let him get away with that explanation, until you realize that this same press later dismissed the Hunter laptop as fake and assured us that Joe Biden was sharp as a tack.

This guy now going by Barack had a talent for riding the early 2000s wave of liberal white guilt. Chameleon-like, he could be what he really was — a mixed race kid from Hawaii — or, on demand, he could drop his g’s and be shuckin’ and jivin’ with the bros.

Hillary might have been likable enough, but Barack was Black enough. And in the year 2008, Black was better.

Barack had foreseen it all, early on. And he had already orchestrated the show.

There was one problem. Barack had several girlfriends before he got married. The thing in common was . . . they were white.

That presented a problem because this guy had consciously reinvented himself as a Black leader with a white personality, someone who could garner Black votes with his Blackness while garnering white liberal votes with his whiteness.

So Barack let the white chicks go. Bad fit for his career ambitions. He substituted a bright young lawyer, Michelle. She was ambitious, almost as much as he. And very much Black.

He married her. He won the Presidency. He won the adulation of the media. He won that thing he imagined was ever-arcing toward him — history.

Now in his post-history, his post-presidency, his post-Blackness, and perhaps his post-marriage, he might have won Jennifer Aniston. The rumors are thick that the two of them are an item. Liberal “fact-checker” Snopes says there’s “no evidence” of it, even as they reference numerous insiders who swear it’s true. (When Snopes wants something to be false, the evidence of it is always deemed not evidence. What do they want, a stained blue dress?)

Moreover, there’s a dog that didn’t bark. Michelle was mysteriously absent from two big political events — the inauguration of Donald Trump and the funeral of Jimmy Carter, both of which were attended by everyone who’s anyone, but which Barack attended alone.

The only question now is, will he change his name back to Barry Soetoro?

Was Michelle Obama a DEI bride?

Posted on February 6, 2025 by onthebeatontrack