Trump during the campaign branded himself the “law and order” candidate. This was seen as a possible dog whistle of racial politics harkening back to Goldwater and Nixon – and a reaction to the civil rights movement of the 1960’s (http://thehill.com/homenews/campaign/287635-trumps-law-and-order-gamble). Since being elected and taking office, Trump has continued to tout a “law and order” agenda (http://www.cnn.com/2017/08/29/politics/trump-law-order-jeff-sessions/index.html). However he has not echoed this sentiment in many of his actions. The CNN article (linked above) notes the pardon of former Sheriff Joe Arpaio (which I have previously written about in this blog). Now he is supporting a candidate not only accused of sexual assault and, even worse, sexual assault against minors, but who was removed from the Alabama Supreme Court (as its Chief Justice) not once, but twice.
I have heard a few people mention it, but in the wake of the sexual allegations against Roy Moore it is not mentioned nearly as often as it should be, that he was an unfit candidate before the allegations surfaced. Roy Moore was removed from his position of Chief Justice of the Alabama Supreme Court in 2003 (he was sworn in in 2001 to a six year term) for refusing a federal district court ruling (upheld on appeal and “denied review by the Supreme Court” – http://www.weeklystandard.com/roy-moore-is-constitutionally-illiterate/article/2010482#!). This incident brought Moore to national attention as it began with him putting a two ton monument of the Ten Commandments in the rotunda of the state supreme court. Moore had commissioned the monument himself and had it installed in the middle of the night without informing any of the other judges. He even had the installation filmed (and I have read that proceeds from the film helped pay for his defense). In 2003 he was removed from the bench by a unanimous ruling of the Alabama Court of Judiciary that he had “violated the Canons of Judicial Ethics”, a ruling that was upheld in appeals (http://www.al.com/news/index.ssf/2017/09/who_is_roy_moore_former_alabam.html).
Then Moore was re-elected to the Chief Justice position in 2012. He was removed three years later (2013–2016). On this occasion Moore ordered state judges to defy the Supreme Court ruling legalizing gay marriage (https://www.npr.org/2017/09/27/553856901/roy-moore-s-long-controversial-history-in-alabama-politics). This time Moore was not removed, but suspended without pay. However, due to his age, Moore is ineligible to run for the position again (his term would end in 2019). Instead he ran for the Senate and landed us where we are now in the Alabama Senate election to be held on December 12, 2017.
Moore’s removal from the bench is not his only legally questionable stance. As the Weekly Standard article notes, “Moore seems to respect only those constitutional provisions compatible with his worldview” (http://www.weeklystandard.com/roy-moore-is-constitutionally-illiterate/article/2010482#!). He has publicly stated a number of views of his that violate the Constitution. For example, he called on Congress to refuse to seat Representative Keith Ellison because he is a Muslim, despite the fact that the Constitution forbids a religious test for office.
Trump has also declared that Doug Jones, Moore’s opponent in Alabama, is weak on crime. Doug Jones is a former Alabama prosecutor. In 2002 he was the lead prosecutor in the case against two of the KKK members who bombed the 16th Street Baptist Church in Birmingham, Alabama – killing four African-American girls. Jones was also involved in the prosecution of Eric Rudolph who bombed an abortion clinic in Birmingham, Alabama, killing an off-duty police officer (http://www.cnn.com/2017/09/27/politics/who-is-doug-jones/index.html and https://www.huffingtonpost.com/entry/doug-jones-alabama-democrats_us_59cbeb52e4b053a9c2f5e7f5). Trump has claimed he supports police officers and yet he labels someone who participated in the prosecution of the killing of an off-duty officer as weak on crime. How does this make sense? And these are only two of the more famous cases in Jones’ career prosecuting criminals rather than being “WEAK on crime.”
Finally – and as a sort of an aside – Trump and the White House continue to support Kellyanne Conway. Conway pitched Ivanka Trump’s clothing line during a Fox News interview, despite the fact that “federal law that bars public employees from making an ‘endorsement of any product, service or enterprise, or for the private gain of friends, relatives, or persons with whom the employee is affiliated in a nongovernmental capacity.’” (http://www.cnn.com/2017/11/22/politics/kellyanne-conway-hatch-act/index.html). Then mere days ago, Conway went on Fox News in front of the White House and spoke against Doug Jones. Walter Shaub, former White House Ethics Director, has filed a complaint with the Office of Special Counsel against Conway for violating the Hatch Act by advocating against a candidate in her official capacity (demonstrated by the backdrop in her appearance). The White House previously decided to do nothing substantive against Conway, and White House spokesman Raj Shah has released a statement defending Conway.
Why this matters to me and should to you to:
Trump has repeatedly claimed he is a law and order President, but his actions have defied that description. We need to know that the President supports the laws and Constitution of the United States. Trump keeps supporting people who don’t and seems to be flaunting the law himself, the emoluments clause in particular among potential others. I saw David Cay Johnston on MSNBC recently give a list of ways/times that Trump has evaded prosecution/consequences for various legal violations (taxes and financial mostly). Shouldn’t the President be held to a higher standard and not be able to flaunt the law and encourage others to if he agrees with them? In a democracy, no one should be above the law. I worry that this is all part of turning our democracy into something else – and Trump is leading the way on that change. I don’t want to live in an autocracy, a kleptocracy, or a dictatorship, and I’m worried that’s where we are headed. Where else do some people get to break the law and get promoted while others are persecuted with enthusiasm? If they do go after the Clintons legally, we will be even closer to that result – keep an eye on any potential developments there. We need to hold everyone accountable, and people in power even more so, or we are headed down a very bad, slippery path.
For a deeper look at “Law and Order” as a dog whistle in campaigns:
For a deeper look at Roy Moore and his religious stances: