Monday, November 29, 2021

"The Shadow of Blooming Grove", by Francis Russell

This 1968 book is a biography of Warren Harding, one of our most neglected presidents. Harding is pictured as an amiable man who shies away from hard work, suffered from mental illness with frequent hospitalizations, and was restless with a need for frequent travel. His life before the presidency is depicted in detail, with the first 450 pages (out of 650 total) devoted to his pre-presidency.

The "shadow" in the title refers to the allegation, which dogged Harding his whole life, that he was part-Negro. Oddly, his two long-time affairs, with Carrie Phillips and Nan Britton, were pretty much ignored or unknown.

Harding was generally unwilling to take sides on controversial issues, as reflected in his horrible voting record in the Senate, where he missed over 40% of the votes during his Senate term. This unwillingness to commit himself gives him low marks for leadership, as a good leader will lead, whereas Harding mostly followed.

Harding's aversion to taking stands led to his being nominated for president at the 1920 Republican convention. The three leading candidates were deadlocked, and the convention eventually turned to Harding, nominating him on the ninth ballot. Much has been made of the so-called "smoke-filled room", where the GOP power brokers supposedly settled on Harding as a compromise candidate. Harding's campaign manager had carefully cultivated delegates in the months leading up to the convention, getting them to commit to switching their allegiance to Harding on the 2nd, 3rd, or 4th ballot. The "smoke-filled" room was simply the natural outcome of the clever and persistent work of Harry Daugherty, Harding's campaign manager.

One of Harding's great strengths was his oratorical ability. He gave great speeches, managing to inspire people while saying virtually nothing of substance. During his presidency he gradually realized he would have to start taking stands and leading. Word of the corruption within his administration started becoming known at the end of his presidency, which was cut short by his death in 1923. Up to that point, Harding had been quite popular with his "return to normalcy" message.

Harding reminds me a lot of Ronald Reagan, Both quite affable, both good speechmakers, both taking a hands-off approach to governing, and both too trusting of their subordinates. Harding in particular had longtime close relationships with some of his underlings, and refused to believe they could do any wrong, even when presented with evidence to this effect. For their complete lack of real leadership, both Harding and Reagan should be ranked in the bottom third of U.S. presidents.

I can't quit without discussing the infamous "smoke-filled room". The idea of party leaders being involved in the selection process is, I would argue, a good thing, not a bad thing. In 1968 the Democratic party tried to recover from the debacle of that election by democratizing the selection process for the 1972 nominee. In 1968 Humphrey became the nominee without winning a single primary. The Democrats, determined to avoid that horrible result, went to a caucus system for 1972. The result we got was George McGovern. Now, I must confess that in the naivete of my youth I was deeply involved in the McGovern campaign. We took over the delegate selection process, based on caucuses, and all of the delegates to that year's Democratic convention from my Congressional District were McGovern delegates. In many instances nationwide, sitting governors and senators were not selected as delegates, which, in retrospect, is absurd.

Since the delegate selection process was "democratized" in 1972, we have had a plethora of bad candidates. McGovern in 1972, Carter in 1976 and 1980, Raegan in 1980 and 1984, Mondale in 1984, George W. Bush in 2000 and 2004, Hillary Clinton in 2016, and Donald Trump in 2016 and 2020. The 2016 campaign was especially pathetic, with the two major party candidates being among the worst in the history of our country. The GOP nominated a man completely devoid of moral character, while the Dems nominated a candidate completely unable to relate to the voters. I say, let's let the professionals in each party have their proper influence in the delegate selection process, and our country will be much better off!

Another problem with this over-emphasis of election vs. selection is the matter of the election of judges. We saw recently in the trial of Kyle Rittenhouse how bad the judges can be who are elected. In Sedgewick County, Kansas, where I practiced law, the election of judges led to absurd consequences, such as when the judge rated the best judge in the county by the bar association, out of 25 or so total, was defeated in the Republican primary because the anti-abortion folks, who had taken over the party, did not think he expressed a strong enough position against abortion rights. Since winning in the GOP primary has become tantamount to election, we were stuck with a judge who proved to be a horrible judge and a despicable human being.

The solution is to have "open primaries", where the top two candidates go on to the general election, regardless of party. My biggest disappointment during the year and a half I lived in Oregon was that state's rejection of the open primary when it was on the ballot. Until the open primary is universally adopted, we will continue to have the ugly political divide that has characterized our politics in recent years.

Ranked choice voting would also help to avoid the ridiculous extremes. As an example of how it would work, consider the 2000 election, in which Bush won because he got 537 more votes (supposedly) than Gore in Florida. Had the state had rank choice voting, there is no doubt Gore would have won, for most of the 97,421 votes Ralph Nader received would surely have gone to Gore as the second choice of those voters.

Thursday, November 25, 2021

An Eventful Benoni

1. d4 c5 2. d5 d6 3. c4 Nf6 4. Nc3 e6 5. e4 exd5 6. cxd5 Be7 7. Nf3 Nbd7 8. Be2 O-O 9. O-O a6 10. a4 b6 11. Nd2 Qc7 12. Nc4 Bb7 13. Kh1 Rfe8 Both sides have completed their development, and the question now is how to proceed into the early middlegame. White has a clear spatial advantage, with Stockfish rating the position +1.21.

14. f4 Bf8 15. Bf3 g6 16. Re1 Bg7 17. e5 dxe5 18. fxe5 Nh5 19. Bxh5 gxh5 20. Qxh5 I have won a pawn due to the powerful push 17 e5. Stockfish now has it +2.19.

20...Bxe5? (Nxe5) 21. Bh6! Bd4 22. Qg5+? (Ne4) Kh8 23. Qf5 Nf8 24. Ne4 Bc8? (Qd7) 25. Qg5 Ng6 26. Nf6 Rd8?? My advantage jumps up to +10! However, I miss several winning shots before luckily winning on time.

27. d6 Here I missed 27 Re8+!! RxR 28 Bg7+! KxB 29 NxR+, winning black's queen.

27...Qc6 28. Ne5 And here I missed 28.Bg7+ Kxg7 29.Nh5+ Kg8 30.Qxd8+ Nf8 31.Re8.

28...Bxe5 29. Rxe5? Missing 29.Bg7+ Kxg7 30.Nh5+ Kg8 31.Qxd8+ Nf8. My edge now drops down to 2.77.

29...Qxd6? (Bb7) 30. Rd5 Missing 30.Re8+ Rxe8 31.Bg7+ Kxg7 32.Nxe8+ Kg8 33.Nxd6

30...Qe7 31. Rxd8+ Qxd8 32. Re1?? Throwing away all my advantage! I missed the forced mate: 32.Bg7+ Kxg7 33.Nh5+ Kg8 34.Qxd8+ Nf8 35.Qg5+ Ng6 36.Qf6 Bg4 37.Qg7#. Now a sloppy time scramble ensues, with me winning even though I am down in time 1:38 to :21!

32...Be6 33. h4 Qd4 34. h5 Qh4+ 35. Qxh4 Nxh4 36. Kh2 Rd8 37. Bg5 Nf5 38. Ne4 Rd5 39. Nf6 Rd4 40. h6 And here black ran out of time, with me having 0.2 seconds left! 1-0

Wednesday, November 17, 2021

The Good, the Bad, and the Ugly, Legally Speaking

Last week was a fascinating mix of the good, the bad, and the ugly in the United States legal systerm. First the good.

Aftet three weeks of dithering, Attorney General Merrick Garland finally sought an indictment of Steve Bannon for contempt of Congress. Even though it is an easy case, Garland, for reasons known only to him, sat on his duff for three weeks and refused to act. It is obvious that Garland would have been good as a Supreme Court justice, with his careful, deliberative approach, but he is out of his element as an Attorney General, which requires a vigorous, energetic presence.

The thing about this case is that Bannon has absoutely no defense. His claim of executive privilege is faulty on many levels. First, he was not a part of the executive, having been fired way back in 2017, over three years prior to the acts in question. Second, the right of executive privilege belongs to the executive, not the executive's minions. Third, the right belongs to the current executive; it is not a personal right belonging to a prior executive. The idea is to protect the institution of the presidency, allowing the president to obtain unfettered advice from his closest advisers. Fourth, the right does not protect criminal activity. Fifth, you cannot just willfully ignore a subpoena; you have to appeaar and invoke the privilege, like with any other privilege.

Donald Trump has filed a lawsuit seeking a judicial opinion backing up his executive privilege claim. On Wednesday, two days before Bannon's indictment, U.S. District Judge Tanya S. Chutkan issued an awesome opinion rejecting all of Trump's spurious arguments. Indeed, in her opinion Judge Chutkan wrote a line which I think is destined to live in American legal lore, along with other famous pithy statements ike Brandies's "the right to be let alone", Holmes's "falsely shouting fire in a crowded theater", Earl Warren's "Separate educational facilities are inherently unequal", and Potter Stewart saying he could not define obscenity, but "I know it whan I see it". Judge Chutkan's pricelss phrase is "Presidents are not kings, and Plaintiff is not President". No more need be said!

The third "good" thing this past week was a teenage girl who had been abducted by a 61-year-old man was able signal to a passing motorist the universal sign for a victim of domestic violence. A series of fortunate events followed, to arrive at a good outcome. First, the girl had to know the signal; second, she had to give the signal without her abductor realizing it; third, the passing motorist had to know the signal (I certainly would not have recognized it, having never heard of it); fourth, the motorist had to follow up by phoning the police; and fifth, the police had to take the call seriously enough to track down the vehicle, stop it, and arrest the sbductor.

The fourth good development in the leal arena is that Britney Spears was finaly, after thirteen years, freed from the conservatorship which denied her the right to make any decisions about her personal life. Her despicable leech of a father has finally been kicked to the curb. Stay tuned for criminl charges against Jamie Spears.

And now the bad. The Judge in the Kyle Rittenhouse trial displayed the worst examle of bad judicial temperament I have ever seen, in angrily berating the prosecutor for asking an imporoper question. This judge has been a joke since before the start of the trial, when he ruled that the prosecutor could not refer to the three peole the defendant shot (two of them fatally) as "victims". At the same time, the defense was permitted to refer to these victims as ""rioters" or "looters". Jury deliberatioins began yesterday, and it is doubtful that there wil be a conviction on any of the homicide chsrges. Indeed, when asking for lesser included charges, the prosecution was in effect waving the white flag of surrender, pretty much accepting that the jury would believe the defendant's self-defense claims.

And now the ugly. A defense attorney for one of the three white defendants charged in a Georgia case with killing an unarmed black jogger complained to the judge that "black pastors" sitting in the courtroom with the victim's famiy were prejudcing the jury. His statement to the judge was "We don’t want any more Black pastors coming in here ... sitting with the victim’s family, trying to influence the jurors in this case.” This in a case in which the defendants were able to exclude so many black jurors that the jury wound up with eleven whites and only one black, this in a county that is majority black. For shame.

Sunday, November 14, 2021

Blowing the Endgame

1. d4 d5 2. c4 c6 3. cxd5 cxd5 4. Bf4 Nc6 5. e3 a6 6. a3 Nf6 7. Nf3 Bg4 8. Be2 e6 9. O-O Ne4 10. h3 h5?! 11. Ne5 Stockfish gives 11 hxg4. After my move, it is back to even. 11 Ne5 Nxe5 12. Bxe5 Bd6 (Bxe2) 13 Bxd6 (hg) Qxd6 14. Bxg4 hxg4 15. Qxg4 (+.58) g5 (+1.2) 16. Nc3 Nxc3 17. bxc3 f6 18. Rfb1 b5 19. Rb4 Rh4 20. Qe2 g4 (now +2.5) 21. g3 Rxh3 22. Qxg4 Rh8 23. Rab1 (a4) Kf7 24. a4 Rag8 25. Qf3 Rb8 26. axb5 axb5 27. Rxb5 Rxb5 28. Rxb5 f5 29. Rb7+ Kf6 30. Qf4 Qxf4 31. gxf4 Rc8 32. Rb3 Ra8 33. Kf1 Ra1+ 34. Ke2 Rc1 35. Kd2 Rf1 36. Ke2 Rc1 37 Ra3 Rc2+ 38. Kf3 Rc1 39. Kg3 Rc2 40. Kf3 Rc1 41. Ke2 Rc2+ 42. Kd3 (abandoning the P/f2) Rxf2 43 c4 dc 44 Kxc4 Rc2+ 45 Kd3 Rb2 46 Kc4 Rc2+ 47 Kb5 Rc1 48 Kb4 Rc2 49 Rc3 Ra2 50 Kc5 Ra5+ 51 Kd6 Ra6+ 52 Rc6 Ra3 53 Kc5 Rxe3 54 d5 Rc3+ (Kf7) 55 Kd6? (Kd4) Rd3 56 Kc5 (Rc5) Rc3+ (Rxd5+) 57 Kd6 Rde 58 de Rxf4 58 Kd7 Re4 59 e7+ Kf7 60 Rc5 Rxe7+) 61 Kd6 Re6+ 62 Kd5 Kf6 63 Kd4 Kg5 64 Kd3 Kg4 65 Rc8 Kf3 66 Rf8 Rd6+ 67 Kc2 f4 68 Rf7 Ke3 69 Re7+ Kf2 70 Rf7 f3 71 Re7 (Rg7) Kf1 72 Rf7 (Rg7) f2 73 Re7 Rg6 74 Kd2 Kg2 0-1

Thursday, November 11, 2021

The Senility of Merrick Garland

It was three weeks ago today that the House voted to send a criminal referral to the Dept. of Justice concerning Steve Bannon's failure to respond to a subpoena from the committee looking into the January 6th insurrection. Attorney General Merrick Garland recently said that he was still studying "the facts and the law". It is hard to see what there is to "study". The facts are that Bannon willfully ignored a lawful subpoena, and the law is that it is wrong to do so. It shouldn't take three weeks to figure this out.

In answering a reporter's question on this, Garland looked and sounded like an old man, on the verge of senility. Obviously a younger and more energetic person is needed for this important job.