Yesterday morning I was in my daily 6 am Pilates class (6 days a week, baby! 🙂 ) when I saw something that brought me to tears. I generally keep my eyes closed to concentrate when I can. My mind-body connection leaves a lot to be desired, so I really have to think hard and closing my eyes helps me listen to the instructor and follow directions better. But we got to a part where we had to stand up and “face the forest” (actually, a wall papered in a larger than life photo of a woman taking a run in the woods). When I did, I noticed the back of the t-shirt of the person in front of me. On it was printed “Do what makes you happy!” I immediately recognized the vibe from the font. The sentiment was written in the sort of puffy-looking, 1970’s psychedelic font, complete with the daisy I have been using at the end of my signature since 1967, the year before I graduated from high school at 17, and which each of my daughters chose to have tattooed somewhere on their body. You’d know it immediately if you saw it, even if you weren’t around in the ’60s. It’s iconic.
But rather than it bringing a smile to my face as it would have back in the day, I found myself tearing up as I saw the universally recognizable font and the sentiment. While trying to listen to the Pilates instructor, I was so startled by my reaction that I also had to try to think about why I teared up at such a simple, seemingly happy thing. I quickly realized that it was definitely not because I yearned to be 17 again, around the time when this font was in vogue, living out the Black female version of the “Summer of Love,” “Flower child,” “hippie” experience, starting college in the midst of what would become the convergence of, among other things, the campus Black Power movement, spirited resistance to the Viet Nam war, the Feminist movement and the hippie happenings. While I experienced all of that in some way or another, coming of age at the perfect time to live that memorable, significant, groundbreaking history, I learned those lessons and moved on and have not yearned for a repeat, even at the age of 73 when I am closer to my ending horizon’s promises than my beginning one’s.
I realized instead that my tears were coming from a deeper place. A far more serious place. One of great sadness, sorrow and disappointment. My tears were a delayed response to a quote I’d recently seen somewhere from the noted historian and author, Doris Kearns Goodwin, about the state of the divided US right now, given the release of her newest book about her and her husband, a presidential advisor, living through history. She had said that we must remember that we have been though rough times before, the implication being we came out okay. At the time, I remember something about the statement seeming off to me, but I didn’t have time to think about it and I kept moving.
Seeing that font made me realize why her statement seemed off. My tears stemmed from my reaction to where the country is right now in the throes of divisive conflict, and where it was then when that font was all the rage. I knew I was feeling frustrated and upset at what was going on, but I had no idea tears were just below the surface or would surprisingly show up at such an inauspicious time.
Yes, the country was divided then. So much was happening, as mentioned above. The issues were all terribly big and important to the country’s awakening to a new reality of recognition and demand for inclusion of those traditionally excluded. Resistance to the Viet Nam war had resulted in a campus demonstration killing 4 and wounding 9 unarmed students at Kent State University by the Ohio National Guard called in to maintain order, and virtually unprecedented anti-war demonstrations were occurring all over the country, culminating in a huge one in Washington, DC in 1969, expressing society’s deep displeasure with the conduct of the war. Women were holding consciousness raising sessions in their living rooms trying to make sense of Betty Friedan’s groundbreaking bestseller, “The Feminine Mystique” sweeping the country, then marching, demonstrating, and burning restrictive undergarments like bras and girdles (thank God for the latter!) and demanding equality. That, itself, was the opening of a recognition in Black women that the feminist movement, like much of other things in history, had left out their concerns and they would have to pursue them on their own. Blacks on campuses were demanding to be seen, heard and included in curriculum, building names, research, Black houses and other campus life. The LGBTQ+ community was pushing for gay liberation, stemming in part, among other things, from the New York Stonewall riots, likely never thinking the day would come decades later in 2016 when that little gay bar would be declared Stonewall National Monument by President Obama.
The Civil Rights Movement was still going on after passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965, striving mightily to make real the lofty goals of this new, unprecedented legislation never before seen in this country. The Immigration and Nationalization Act was also passed in 1965, for the first time in history allowing black and brown people entry into the country not using ancestry, national origin and race as the deciding factor to keep them out.
Hemlines came up to mini but maxis were just as much in vogue. Tightly curled Black hair, whether straightened via hot comb or perm, went natural and “Black is Beautiful” became the rallying cry. Thanks to the Beatles, white male hair grew longer and white female hair went straight rather than being bouffanted or otherwise being put in curlers and held up by oceans of hairspray. And lest we not forget, drugs were de rigeur for the time (No. I did not inhale. 🙂 ).
It was all the basis for much turmoil and upheaval, private and public. At some point I’ll have to write about coming home from college for Christmas my freshman year with my permed hair cut off, wearing a short natural–and I’ve worn it natural for the next 56 years– at a time when my minister father’s credo was “A woman’s hair is her crowning glory!” That was fun. Not! 🙂 But as divisive as these times were, pitting friend against friend, family member against family member, World War II veteran fathers and mothers against their college-age anti-war demonstrating offspring, crew-cut and coiffed prepily dressed Dads and Moms against long-haired, un-styled, naturally kinky, hippily dressed offspring, they felt totally different than what I was feeling about where we are as a country today.
This font sighting was yesterday, Monday July 15, 2024 (it took me a few days to get this finalized…life!). On Saturday July 13, 2024, the right ear of former president Trump was injured by a 20-year old white registered Republican male shooter who shot and killed one rally attendee, a firefighter father of two, and critically injured two others from the rooftop of one of only three buildings on an open fair grounds in Butler, Pennsylvania. The shooter was then killed by the Secret Service (why do they insist on referring to it as “neutralized’?). I knew the NY Times photographer, Doug Mills,’ photo of Trump, with bleeding ear, surrounded by Secret Service agents, triumphantly raising his fist to the crowd with a huge American flag flying over his head against the backdrop of a perfect azure sky, would surely become an instant iconographic photo sent all around the world in the click of a button. Not only would the news make it so, but I knew Trump would use it to his utmost advantage with the Republican National Convention scheduled to take place in Milwaukee beginning that very Monday July 15.
The thought infuriated me because I knew the whole tragedy would be so lacking in decorum. Within hours, he was using it to fundraise and true to form, it was a part of the RNC Convention’s opening that Monday and beyond, including delegates sporting bandaged right ears in solidarity. I might add, the latter being much to the dismay of those upset that someone had actually died in the situation and thousands have died due to gun violence, with no such show of support. Having been a delegate to a national convention, I knew and appreciated the value of ginning up the folks that are to go out and do your bidding to get you elected, but I knew he’d use this for all it was worth.
Monday was also the day that the Florida federal judge, Aileen Cannon, appointed by Trump, threw out the arguably strongest case of the three remaining pending criminal cases against him (having been convicted on 34 felony counts in another case in NY), dismissing the federal indictment for his taking official documents from the White House when he left office after losing the election. These were documents that, by law, belonged to the people of the United States, held, curated and cared for in the National Archives. According to photos and accounts of witnesses, Trump had allegedly stored them, among other places, in the bathroom of his Mar-a-Lago estate, apparently not secured as such highly sensitive documents should be, had brought them out to show whoever he wanted to, and allegedly had obstructed justice by repeatedly lying about having documents at all.
It was disconcerting, not to mention frustrating, that this case was even having to be pursued. Early on in my career, I worked at the White House Domestic Council (now known as the Domestic Policy Council). I came in after Nixon resigned and worked in President Gerald Ford’s administration until he was unseated in the next election by Jimmy Carter. So I was there during a White House presidential administration transition.
Transitions are extremely important. The business of the government and the presidency must continue unabated and unimpeded for the American people even though the administration changes. Everyone there knew the rules. Memos were sent out well ahead of time outlining what we were to do with our documents and what documents were to be preserved and how. All materials needed to facilitate the process of their transfer were provided. They had to be packed up for pick up for delivery to the National Archives (I must admit I was surprised years later to see some of mine show up online as part of the Ford administration when I’m googled). We all knew nothing belonged to us. In addition to being available to meet with any incoming folks who might need to get a leg up in order to hit the ground running on their first day, we spent hours preparing notebooks for those taking our places so that, once again, the business of the presidency could continue with as little disruption as possible for the American people. Everyone knew this and knew how important government documents were. Surely that included the president. Or it did until the president was Donald Trump.
For Trump to allegedly fail to turn over boxes of documents, some so highly confidential that even those with top security clearance did not have access to them, then take them away and repeatedly say that he did not even have them was ludicrous. Eventually, after, among other things, being told by Trump staff that there were documents, the feds received and executed search warrants and entered his premises to find them and find them they did. His argument then became that he was the president so they belonged to him therefore he could take them if he wanted to. I can’t imagine any public servant in any capacity thinking this is a solid legal position. Private employee either, for that matter.
Apparently, I am not alone in my conclusion. He was indicted by a federal grand jury in New York. I know we’ve all heard that you could get a ham sandwich indicted because the grand jury only gets to hear the prosecutor’s side of the case in the secret grand jury proceedings. But having sat as foreperson for a grand jury for weeks, aside from being an attorney, I can tell you that it’s not that easy. The grand jury is not composed of idiots. They are your friends and neighbors. They know how to listen, think and analyze. You don’t have to be a lawyer to do so. Common sense works just fine. They understand that the defendant will have his version of the facts and that everything the prosecutor says in its presentation, if brought to court, will be subject to cross examination there. But based on the evidence presented by a prosecutor in grand jury proceedings, in order to bring an indictment, the grand jury has to be convinced that the evidence and the prosecution’s narrative and theory of the case makes sense. The New York grand jury thought it made sense and recommended Trump’s indictment. Trump pleaded not guilty, which is, of course, his legal right to do. But that doesn’t make it any less maddening, wasting taxpayer resources over his par-for-the-course ridiculous shenanigans and flouting, and lack of respect for, the judicial process.
Trump has said, and has shown time and time again that if you say something enough times, people believe it. Just think back to his inauguration when he swore he had bigger numbers in attendance on the National Mall than President Obama. Anyone with eyes could see that simply was not true. By a long shot. I was there at Obama’s inauguration and there was no comparison to what I saw on TV of the crowd at Trump’s. My family and I were there really early and there were so many people on the National Mall already that we couldn’t get any closer than the Washington Monument, which is at the entire other end of the National Mall, blocks away from the US Capitol where the swearing in takes place. That space was not filled in during Trump’s inauguration. His attendance was much smaller. Aside from the question of why he even cared since he was now president of the United States for Pete’s sake, is the question of why would there be a comparison? For historical purposes alone, the inauguration of the first Black president of the US would likely mean the numbers would be expected to be high. And they were. In addition, Obama had a history of being a very likable candidate and always drew incredible crowds. Why wouldn’t that be the case at his inauguration? Despite the physical and photographic evidence, Trump swore up and and down his numbers were bigger, totally ignoring–or not caring about– the fact that millions of viewers on TV, not to mention those in attendance, saw for themselves that it was not true. But then again, this is the same man who looked out at the few dozen paid folks gathered in the basement of Trump Tower for his presidential run announcement and said it was thousands. Go figure.
But to argue the documents were his to do what he pleased with them? What?! Under what law? It is not even an argument. But that never keeps Trump’s lawyers from running whatever specious thing they come up with up the flag pole, throwing whatever silliness they come up with up against the wall and seeing if it sticks. As a lawyer myself, I can’t imagine wanting whatever fame or fortune I thought would come with representing him so much that I would be willing to risk my personal and professional reputation by doing his foolish bidding that only serves to make me be the one standing there in court looking silly.
But, as we have seen, even at the US Supreme Court level, unfortunately, it can work for him—even though it ends up wreaking havoc with the long-standing judicial system we have always had reason to, for the most part, reasonably rely upon. That’s the value of appointing people to judgeships.
That was the true value of his presidency for him. He put in place hundreds of federal judges who would buy into his politics, mindset and world view and it paid off. It doesn’t matter that it makes a mockery of the law that I have loved for the over four decades I have been a lawyer. The law that, though imperfect, has always still stood as our greatest bulwark against tyranny, randomness, unpredictability and chaos. Unlike many others places around the globe, I truly relish the fact that we are a country of laws. And we have as well a tripartite system of government the framers designed so that one branch of government can never have full control. Checks and balances were built right into the system to prevent it.
Don’t like a move made by the executive branch? Take it to court and challenge it in the judicial branch, or get Congress, the legislative branch, to pass a law against it. Think a law the legislative branch passes is not in keeping with the Constitution? Let the judicial branch decide. Think the US Supreme Court, the highest level of the judicial branch, was wrong in interpreting a law Congress, the legislative branch, passed? Congress, the legislative branch, can pass a law to address and nullify it.
But with Trump’s influence and actions seeking total GOP control of everything in all three branches of government, those built-in checks and balances are crumbling. What do we do when the top of the judicial branch, the only ones in their position for life and not elected by us and therefore not accountable to us, is shot through with jurists placed there by the chief executive of the executive branch, using loyalty to him and his ideas rather than to the law and the Constitution? That’s what recent decisions have been looking like. Purely political, devoid of the normal legal substance that protects us. Do we really want that?
Do we really want a judge that ignores years of judicial precedent and issues a decision striking down the indictment of Trump on charges he violated the law in taking the documents and obstructed justice by trying to hide that fact? To do so not on the merits (which, from the looks of it, were pretty unassailable), but by saying that the appointment of a special prosecutor was unconstitutional when such appointments have been used for decades with courts rejecting such arguments? I don’t think so.
Think about the checks and balances the framers built in. Do we really want a US Supreme Court where a Republican legislature denied to President Obama only his second US Supreme Court nomination in two terms as president by saying it was too close to an election nine months away, but who shoved through Trump’s third appointment with just about one week to go before an election, giving the Court a solidly conservative majority? A Court that would then, among other things, overturn the 50-year precedent of Roe v. Wade permitting abortions and rule that Trump has absolute privilege giving him virtually unfettered power to do whatever he wants in the name of official action, including not even being able to use those actions to show context for unofficial actions? To be okay for him to meet with Department of Justice officials to find any way possible to challenge a valid election simply because he wants to stay in power?
This is what the Supreme Court did on July 1, 2024. What an extraordinary Independence Day gift for Trump that no one, I’m sure least of all Trump and his lawyers, expected. They couldn’t, because it was so unprecedented and unbelievably broad in its scope. I didn’t mind the office of the president of the US having immunity from official acts within his powers as chief executive, as that is the state of the law for public officials and you don’t want them having to worry about being sued for every official act they do. But in my view the Court’s decision went far beyond that in the examples it provided. Also, Trump has shown us that you cannot assume that even someone in this exalted position of importance will conduct themselves within the normal limits of expected behavior because he has shown us time and time again that he won’t. I need only remind you of his action in publicly mocking the disabled NY Times reporter whose disability made it so he could not move his arms normally.
Sigh…. So, all of this came to mind as I saw the font on the back of the t-shirt in front of me. It has not been a good few weeks (months? years?) for lawyers who believed in the system of justice that had been in place in this country since its founding. Congress hasn’t been able to come together and agree on much of anything for ages. The US Supreme Court just ignored forty years of precedent and stripped many agencies of the deference they are generally provided as those given the task of handling an area by law. And we we haven’t been being very civil to each other in the process of it all.
When all of the values that I thought we held dear as a country (even though we often fall short, I appreciate that we keep trying…and it is not lost on me how hard it can be for a Black female to be able to provide that grace, given the treatment of Blacks and women…) seem to have gone by the wayside at the hands of someone who has shown time and time again that he has no regard for them, the picture looks bleak. What we have always taken for granted as democratic principles like majority rule, legal precedent, even basic civility, honesty (relatively speaking…) simple things like not publicly humiliating the disabled, not “grabbing women by the pussy,” have all been severely challenged over the past nine years since Trump came down the golden escalator to the basement of Trump Tower to an audience of several dozen (although he said it was “thousands”) folks who had responded to a casting call and were paid $50, and announced his candidacy for president, accusing the Mexican president of sending immigrants who were rapists and bringing drugs (tho he said he “assume[d] some were good people”). If that wasn’t a huge, blaring neon sign, I don’t know what was. And he not only went full speed ahead in the same vein, he brought many in the country along with him, taking his lead and acting in a similar, uncivil, negative fashion with little regard for accountability.
So, here we are.
I can’t blame it all on him. After all, his supporters are grown folks who make their own choices to act like him, follow his lead. He seems to have made people forget or ignore even the most basic lessons they have been taught from the time they were born about not lying or bullying people, being kind, considering others, etc. But it shows you how utterly important good leadership is, how influential it can be.
Or not.
What that font on the t-shirt of my fellow Pilates practitioner reminded me of, that brought tears to my eyes, is that the context for what is going on now with the country being so divided is not the same context as it was before when the country was deeply divided at the time the font was popular. We no longer seem to have a basic set of understandings, values and tenets we live by as Americans that make it so we can disagree without believing those who think differently are not soulless demons, without resorting to violence, without painting difference as a wrong rather than just different, something threatening, a thing that must be stamped out, eliminated.
Whether it is a woman’s right to choose what happens with her own body, a library being able to choose what books it will allow on its shelves, a public institution of higher education deciding what courses it will offer, a professor determining what information is best geared to teaching the course subject matter, a federal or state agency deciding what programming it thinks best addresses employee issues it is experiencing in the workplace, what gender someone must be in order to be a legitimate object of your heart’s desire, what bathroom a person can go to, what sports they can participate in, or even what treatment a parent can be permitted to allow their child access to to best suit the determined needs of the child, they are all now the subject of a great deal of not only ire but reprehensible backlash for opposing views.
Is this really OK with us? Do we not see or know that what happened in Germany in the 1930s and 40s?The burning of books, likely preceded by the banning of them? The loyalty to the leader rather than to the country as Hitler required, that we were shown to have been the basis for much of Trump’s personnel in his first administration and appears even more so to be Trump’s basis for many of the plans included in the Project 2025 document his folks have come up with as the game plan for him being back in office after the 2024 election? A plan he claims no knowledge of even though it has been contributed to by those quite close to him and his former administration? Does anyone else see a problem with Trump’s walk-on music for Wednesday night of the RNC being James Brown’s “It’s a Man’s World” after Trump declares that overturning Roe v. Wade and letting the government dictate what happens to women’s bodies rather than the women themselves, was one of his greatest accomplishments?
Think it’s all too extreme to ever become reality? Then you have a short memory. We lived through the 2016-2020 administration when one of his first acts upon taking office was to ban Muslims from six countries from entering the country–a move shut down by the courts. It kept going from there. Then we saw what happened on January 6, 2021, when Congress was in the process of meeting to certify the 2020 presidential election results. Trump had called for his followers to come to DC and exhorted those gathered on the mall to march over to the Capitol and “stop the steal.” Were any of us really ready to believe that after that speech, those gathered would not heed his call? An event that took the country by shocked surprised as they watched it unfold on TV, only to within days have it painted as “patriots” and a few months later at the hearings on it have a GOP legislator describe what we saw as mongering hordes of thousands scaling the Capitol walls, breaking through barriers meant to keep them out, attacking police officers, taking a dump and wreaking havoc in Capitol offices as a “normal tourist visit.” Hundreds of “tourists” generally aren’t convicted for touring a space.
So, nope. My tears, tho seemingly out of the blue and random, were real. My tears were not random. My tears had a basis. A very, very deep and broad basis. One that I must live with every day and try to keep moving forward despite it. I saw that font and realized that we are not in Kansas anymore, Dorothy. This world is not the world or the country I knew with shared basic values “having a moment.” It is not the world or the country with those values having a disagreement that would be able to be worked out, as in a democracy based on shared values where there is an understanding that this is not a dictatorship, that because it is a democracy, we understand that we do not abide authoritarianism. That we know that maybe not everyone will get everything they want out of it all of the time, but that’s part of living in a democracy because you understand that the values and democracy mean more than any one particular disagreement or person–whoever that person is. That not everything is a hill you want to die on. That having a vision of an ongoing democracy means understanding that the long view rather than the short one will mean sometimes you don’t get what you want, but you get to come back and try another day. Values that mean you can disagree with someone and still respect them, not be violent or disrespectful to them. Values that make what it is you believe you are fighting for for your country doesn’t mean you destroy the country in the process.
All that seems to be gone, at least in some quarters. It certainly is getting a lot of news space. And that makes me very, very sad. That is what brought forth my tears when I saw that font from back in the day.
But, I am not ready to give up on us yet. I am the eternally realistic optimist. I still stubbornly believe that there are enough of us all across this great country of ours who still believe in shared values for our country and are willing to vote for them.
Do the right thing.