Standing Man

"This is a notorious case, with a notorious defendant. Yet we must take care to enforce the Constitution without regard to the nature of the crime or the nature of the criminal.

The Fourth Amendment protects 'the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.'

This right is a basic one of all the people, without exception; the Amendment's protection is thus made effective for everyone only by upholding it when invoked by the worst of men."

Abel v United States

The quote above is from a case in 1960 dramatized in the award winning film Bridge of Spies. In this true to life film, attorney James Donovan defends a notorious foreign spy, Rudolph Abel.

Abel is caught virtually red-handed but also with methods that do not meet the standards of 4th amendment protections. Donovan is given the unenviable task of having to defend him. Donovan, a true patriot (having fought in World War II), understands that to truly protect America in the long run from tyranny, we must not abandon our principles even with the "worst of men". He understands that even a Communist spy has rights. This -- our principles -- is who we as Americans really are.

 Many of the amendments included in the Bill of Rights were viewed by the Framers of the Constitution as inalienable or rights inherent in all men -- not just citizens. These were things all humans should possess. At times in the history of the United States, we have not treated these inalienable rights as such but there always seems  to be at least a few men who are willing to stand up for these natural rights even at great cost. Even if knocked down, they stand again, refusing to yield to even a hint of tyranny. 

This relentless lawyer James Donovan would get shot at, threatened even by police and the CIA but would take the struggle all the way to the Supreme Court, arguing before them as dramatized in the film:



"I know this man. [Russian spy Abel]

If the charge is true, he serves a foreign power --

but he serves it faithfully. If he

is a soldier in the opposing army --

he is a good soldier. He has not

fled the battle to save himself; he

has refused to serve his captor, he

refused to betray his cause, he has

refused to take the coward’s way

out. The coward must abandon his

dignity before he abandons the field

of battle. That, Rudolf Abel will

never do. 

Shouldn’t we, by giving

him the full benefit of the rights

that define our system of

governance, show this man who we

are? Who we are: is that not the

greatest weapon we have in this Cold

War? Will we stand by our cause

less resolutely than he stands by

his?"

Through the course of this fight, spy Abel grew to appreciate the kindness and steadfast commitment to the American principles Donovan showed. He recognized him for what he was. He called it in Russian "Stoikey Muzhik".

Standing man.

At the end of the film, Donovan is standing on a bridge about to exchange Abel for an American held in Russian custody. Donovan was trying to also gain the release of a young American held in East German custody but time had run out and the CIA handlers insisted Abel cross. In the confusing conversational melee, Abel perceived that Donovan was fighting for another man.

"We’re waiting for another man?" Abel said as he looked at Donovan. CIA agent Hoffman replied, "Doesn’t matter what he wants, sir, I’m in charge and you are free to go. Please go. Walk across."

Looking at Donovan, Abel simply said, "Stoikey Muzhik."

"I can wait." Abel then said. Only after the East Germans released the other man did Abel cross.

On the plane ride back home, Donovan opened a gift Abel had left for him. It was a portrait of Donovan drawn by Abel while in prison.

Respect for men of character knows no borders.

Respect for standing men.

"Though a righteous man falls seven times, he will stand up."

Proverbs 24:16

What Makes America Great?

As I sat watching the Republican debate on March 3, I was astounded to hear Donald Trump openly advocating, on a full national platform, for direct torture. When questioned about the possibility of subordinates rejecting the order, he said:

“They won’t refuse, they’re not going to refuse me, believe me. If I say do it, they’re going to do it. That’s what leadership is all about.”

ed 

I knew that torture was against international law, against United States law, and against United States military code. To hear a candidate openly calling for the breaking of law was shocking to me.

Is this what “making America great again” is all about?

What is the answer to the question? What does make America great?

The answer became clearer a few days later when, in response to Trump, a retired general publicly said this:

 “Somebody needs to remind Mr. Trump that the military is not his palace guards. We do not do this,” retired general Hertling said. “They take an oath to defend the Constitution of the United States against all enemies -- foreign and domestic.”

He was supported in a public statement by over a hundred national security leaders in which they said they would not obey that order. 

Trump backed down.

Here were Americans reminding Trump, and really all of America, that we are not a country ruled by a man. We are ruled by a Constitution. We do not swear allegiance to a man. We raise our right hand and take an oath to the Law. The Founders, in framing the new America and in coming out from under the tyranny of King George, split the power apart in a brilliant system designed with the purpose of never again coming under the rule of a tyrant.

Following the rule of law and not the rule of man is surely a necessary thing, but I knew this could not be the final answer. I knew from history and humanity that power was intoxicating and, given opportunity, leaders would simply not follow the rule of law. It is not enough. If Trump were to become president and surround himself with similar minded, power hungry men, what would become of the law?

I remember a previous president and his right hand man:

Early in the morning of June 17, 1972, several burglars were arrested inside the office of the Democratic National Committee, located in the Watergate building in Washington, D.C. This was no ordinary robbery though: The prowlers were connected to President Richard Nixon’s reelection campaign, and they had been caught while attempting to wiretap phones and steal secret documents. Nixon, in a brazen violation of the law, was trying to secure his reelection. One illegal act was followed by numerous illegal acts in an attempt to cover it up.  He raised “hush money” for the burglars, tried to stop the Federal Bureau of Investigation from investigating the crime, destroyed evidence and fired uncooperative staff members who would not go along with his illegalities.

There was one staff member, though, who was solidly behind the president -- Charles Colson. Colson, a former Marine and self-described “flag-waving American”, loved his country. Though trained in the law, he would do everything in his power to break it in order to help Richard Nixon. He knew Nixon needed to be reelected. The ultra-liberal Democrat George McGovern had to be stopped. Ultimately, when it all came crashing down he would be sent to jail for obstruction of justice.

Here was a president and some of his staff who were convinced they knew what the right result was and were going to get it done no matter the means. The law was not sufficient.

I remembered a different story from 2004 in which a man was confronted with the same choice:

Do I follow the rule of law or do I follow the rule of men?

In 2004 when James Comey was deputy attorney general, he was asked to reauthorize a package of top secret, warrantless surveillance targeting foreign terrorists. But Comey believed significant aspects of the massive program were not lawful. He refused to sign.

At the time, Comey was in charge at the Justice Department because Attorney General John Ashcroft was in intensive care with near fatal pancreatitis. When Comey refused to sign off, the president's Chief of Staff Andy Card headed to the hospital to get Ashcroft's approval.

Comey jumped in his car and raced to the hospital to prevent this from happening. He managed to get there first, and attempted to explain to Ashcroft but he was too disoriented from his illness, so Comey waited.

In walked Andy Card and White House Counsel Gonzales. They spoke to Attorney General Ashcroft and said, in very strong terms, that the program should be reauthorized. Ashcroft surprised Comey when he pushed himself up on his elbows and said, "But that doesn't matter because I'm not the attorney general." He turned to Comey and pointed weakly. "There's the attorney general." Then Ashcroft fell back, and the others had no choice but to turn and leave. 

The next day, some in the White House tried to force the authorization through a different way. So, Comey wrote a letter of resignation to the president, calling the situation "apocalyptic" and "fundamentally wrong." He left the letter on his desk as he and FBI Director Robert Mueller went to the White House to resign.

As they looked out at the Rose Garden, waiting to meet the president, they both fully expected that this was the termination of their government careers. In the end, however, President Bush was persuaded not to implement the unconstitutional changes.

Comey was asked about this episode later in an interview.

Interviewer: Wasn't it your responsibility to support the president?

James Comey: No. No, it was my responsibility. I took an oath to support and defend the Constitution of the United States.

Interviewer: Help me understand the principle at stake here that caused you to write a letter of resignation, to rush to the attorney general's bedside, to tell the president that he couldn't have what he wanted, and to face down the president's chief of staff. What was it that motivated that?

James Comey: The rule of law. Simple as that.

What was the difference between Colson and Comey? What would compel the one to follow the Constitution and the other to pursue power instead?

There was a wise sage from France, Alexis de Tocqueville, who visited the young republic of America in 1831. He traveled throughout the country examining our people, noting our vast resources and our wonderful new Constitution. How was this new country so successful? Why was it great? How would it continue to be even greater? 

Tocqueville made this trenchant observation:

“Despotism may govern without faith, but liberty cannot. Religion is much more necessary in the republic which they set forth in glowing colors than in the monarchy which they attack; and it is more needed in democratic republics than in any others. How is it possible that society should escape destruction if the moral tie be not strengthened in proportion as the political tie is relaxed? and what can be done with a people which is its own master, if it be not submissive to the Divinity?”

This acknowledgement that without faith and good morals liberty was doomed to failure would be echoed by prominent leaders from the beginning of the republic all the way to the modern day. From Adams to Eisenhower to Reagan and beyond, they would paraphrase and poetically expound on this truth in speeches. One example repeatedly used:

“I sought for the greatness and genius of America in her harbors and her ample rivers -- and it was not there. . . . in her fertile fields and bound less forests -- and it was not there. . . . in her rich mines and her vast world of commerce -- and it was not there. . . . in her democratic Congress and her matchless Constitution -- and it was not there. Not until I went into the churches of America and heard her pulpits flame with righteousness did I understand the secret of her genius and power." 

America is great because she is good, and if America ever ceases to be good, she will cease to be great.

This is what makes America great.

"We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge or gallantry would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution is designed only for a moral and religious people. It is wholly inadequate for any other."

          John Adams

"Let it be impressed on your mind that God commands you to choose for rulers just men who will rule in the fear of God.

The preservation of a republican government depends on the faithful discharge of this duty; if the citizens neglect their duty and place unprincipled men in office, the government will soon be corrupted; laws will be made, not for the public good, so much as for selfish or local purposes; corrupt or incompetent men will be appointed to execute; the public revenues will be squandered on unworthy men; and the rights of the citizens will be violated or disregarded. 

If a republican government fails to secure public prosperity and happiness, it must be because the citizens neglect the Divine commands and elect bad men to make and administer the laws. "

         Noah Webster

The Flickering Flames

"We’re fighting a holy war, what’s happened to America is that the wicked are bearing rule. We have to lead the nation back to the moral stance

That Made America Great

...we need to wield influence on those who govern us.”

Jerry Falwell Sr summer of 1980 

With the election of Ronald Reagan a couple months later and the founding of the Moral Majority, Jerry Falwell would be firmly ensconced in the Reagan Revolution. He would spend the Reagan years spearheading the fight against a variety of social sins. From abortion and pornography to alcoholism and gambling, he became in many ways the face of the fight to make America great again by fulfilling the principles so many of the Founders believed were essential - like these, noted by Samuel Adams:

"He therefore is the truest friend to the liberty of his country who tries most to promote its virtue, and who, so far as his power and influence extend, will not suffer a man to be chosen into any office of power and trust who is not a wise and virtuous man."

As the Reagan years waned, Falwell increasingly saw the need to spend time securing the future of America through training its young to become warriors for Christ. The school he had created, Liberty University, was struggling financially and so he ultimately resigned as head of the Moral Majority to lead the school forward. 

It was at his desk at Liberty that he would die on May 15th, 2007, its debt having been reduced to 30 million. His Will left his insurance policy of 34 million to the school he cared so much about and thus, in death, finally made it solvent. He was, with great ceremony, laid to rest on the campus he loved. A bright "eternal flame" over his grave was lit as well as on a memorial cross nearby. Fitting it seemed as the University is known as the "Flames".

Falwell had made careful preparations for a transition of his leadership to his two sons. One would become pastor of his church and the other would become president of his university.

His namesake, Jerry Falwell Jr.

"He has left instructions for those of us who had to carry on, and we will be faithful to that charge,” said the University Vice-President.

Just over eight years later in the summer of 2015, a press conference was held in New York in which Donald Trump announced his candidacy for president. Borrowing a slogan used by Reagan, Trump declared,

 "Make America Great Again!" 

Initially, many Christians were derisive of the man and his candidacy. Trump had spent his life, after all, in pursuit of much of what Christians are called to fight against. His list of moral failures is difficult to fully quantify but in part would include:

1.  Married three times to different women, leaving each for the next woman.
2.  Proud of his sexual liberalities, openly stating in his book Think Big: Make it Happen in Business and Life that he has had sex with some of the "top women in the world."
3.  Regularly uses the f-word in public speeches along with other obscenities so vulgar that network television would be required to bleep out these words to avoid violating Federal  Communications Commission rules.
4. Regularly uses speech demeaning of people.
5. Owned and operated numerous casinos. 
6. Opened the nation's first casino strip club.
7. When asked, in 2015, if he had ever asked God for forgiveness he said,"I don't think so."

The first casino strip club opened just two years before Trump declared for the presidency. The manager of the strip club had this to say:

"We feel this is the third leg of the Atlantic City triangle: gambling, alcohol, and adult
entertainment, it's a natural."

Seeking broad assistance that would be crucial to the success of his run for the White House, Trump would nevertheless engage Christians and seek their support. Some, like the president of Oklahoma Wesleyan University, not surprisingly refused:

"We choose speakers who generally promote our university's mission and who do not stand in opposition, either in word or deed, to what we claim to hold dear as a Christian community … and frankly, Donald Trump simply doesn't represent OKWU's behavioral, theological, moral or political ideals."

Remarkably though, there was one prominent Christian university that would accede to his request to speak and would even go a large step further-- Liberty University. The president, still Jerry Falwell Jr., would remark in December 2015:

"Trump reminds me so much of my father."

And on January 21st, 2016, Falwell Jr. would officially endorse Trump for President, interestingly saying of Trump:

"He is a successful executive and entrepreneur, a wonderful father and a man who I believe can 

lead our country to greatness again."

The University's previously established "eternal flames", next to the grave of its fallen founder continue on today, flickering be it ever so dimly.

" For it was so..Solomon's heart was not loyal to the Lord his God, as was the heart of his father David." I Kings 11:4

The Son of Korah

About 3,000 years ago lived a man called Heman, who was obscure in his day and concealed in ours. He was a son of a notorious rebel, Korah. His ancestor had been killed for his sin and his surviving children were forever scarred by this connection. So lived Heman.

At one point in his life his beloved walked away from him, his friends left him and he was alone. Desperately alone. During this time, he wrote a short poem which has endured and been given the imprimatur of God himself.

I spend the night on my knees before you.

   
 I’m camped on the edge of hell.

Abandoned as already dead,

    one more body in a stack of corpses,

 a gravestone—

    I am a black hole in oblivion.

You’ve dropped me into a bottomless pit,

    sunk me in a pitch-black abyss.

I’m battered senseless by your rage,

    relentlessly pounded by your waves of anger.

I’m caught in a maze and can’t find my way out,

    blinded by tears of pain and frustration.

I call to you, God; all day I call.

   Are the dead a live audience for your miracles?

    Do ghosts ever join the choirs that praise you?

Does your love make any difference in a graveyard?

    Is your faithful presence noticed in the corridors of hell?

Are your marvelous wonders ever seen in the dark,

    your righteous ways noticed in the Land of No Memory?

I’m standing my ground, God, shouting for help,

    Why do you make yourself scarce?

    I’ve taken the worst you can hand out, and am at the precipice.

Your wildfire anger has blazed through my life;

    I’m bleeding, black-and-blue.

You’ve attacked me fiercely from every side,

    raining down blows till I’m nearly dead.

    the only friend I have left is Darkness.

Later in time, a chronicler listing various musicians who served King David noted this about the obscure Heman.

"Of the sons of Heman were fourteen--all of these were under the supervision of their father; they were musicians in the Lord’s temple, playing cymbals and stringed instruments as they served in God’s temple, according to the promise of God to exalt [Heman]."

His  poem is known today as simply Psalm 88. Just three psalms later another work is written with an unknown author.
 I like to think its words pertain to that of Heman.

"Because he loves me,” says the Lord, “I will rescue him;
    I will protect him, for he acknowledges my name. He will call on me, and I will answer him;
    I will be with him in trouble,
    I will deliver him and honor him.
 With long life I will satisfy him
    and show him my salvation.”

Based on Psalm 88, 91 and I Chronicles 25:4-6

Nothing new under the Sun

"We are not well served when, in response to a terrorist attack, we descend into fear and panic. We don’t make good decisions if it’s based on hysteria or an exaggeration of risks." President Barack Obama

"This is a moment where it is better to be safe than to be sorry, so we think the prudent, the responsible thing is to take a pause in this particular aspect of this refugee program in order to verify that terrorists are not looking to infiltrate the refugee program" Representative Paul Ryan


March 21,1942

The President sat restlessly on his couch in the White House.

The three months after Pearl Harbor had been an endless stream of bad news for Franklin Delano Roosevelt. The list of Japanese advances to date were not short:

Guam 

Wake Island 

Dutch East Indies

Hong Kong

Malaya

Singapore

Philippines

and on

The Japanese had even threatened the West Coast of the United States-or at least, Americans there felt threatened. With over a hundred thousand Japanese-Americans living in that area of the country, the population was greatly concerned and the President had tried to quench these fears by signing an executive order (#9066).

This order, back on February 19th, had mandated their detention.  However, there was not enough movement so legislation was deemed necessary to enable federal courts to enforce the provisions of Executive Order #9066. 

It was that legislation that concerned the President this cold March morning. The bill had been hastily approved by both the House and Senate and sat before him for his signature. Senator Robert Taft had asked to meet with him before he signed. The Senator from Ohio was a powerful Republican opponent and did not approve of the bill so Roosevelt invited him in to discuss it.

As Senator Taft entered the Oval Office he was immediately taken aback. There in the corner was  none other than the Secretary of the Navy, Frank Knox. Perhaps no other person was a greater proponent of the bill.

“Well, Mr. President. It appears you want a little more than a quiet discussion this morning.” said Senator Taft as he stopped in mid-stride.

“Come now, Robert. I am sure we can discuss this important issue calmly.”

“I am not sure I can Mr. President. You are in the process of forcibly removing hundreds of thousands of law abiding people, tens of thousands of whom are citizens. All because of empty threats and mindless panic. Further---“

Secretary Knox had risen from his seat ostensibly to shake Taft’s hand but with furrowed brow he interrupted…

“Empty? Mindless? Have you forgotton December 7^th so quickly? No, not the attack in the Harbor, Mr. Taft, the attack by the so called ‘Japanese-Americans’ on the island of Niihau. There were three of these citizens of yours who assisted that downed Zero pilot with a change in their allegiance so quick as to shame Benedict Arnold. This alone is proof that no one can trust any Japanese - even if an American citizen - not to go over to Japan if it is expedient.”

The President’s arms were raised—

“Gentlemen, gentlemen, please calm yourselves down and take a seat. I must decide whether or not to make a law today and I need opinions given that are well-reasoned and not over heated.”

With eyes still glaring in anger, the men slowly sat down.

“Good. Now, Mr. Knox, I would like you to speak first and explain to me why I should sign this bill—slowly Frank.”

Calming himself, Secretary Knox began, "Sir, as you know, I visited the Hawaiian Islands shortly after that terrible attack and personally investigated the incident I mentioned a moment ago. It is very difficult to ascertain the extent of disloyalty, but some is clearly present. In fact, in the report created by Mr. Munson after his extensive investigation of the sympathies and loyalties of Japanese Americans living in California and the West Coast of the United States, he noted the following:

"There are still Japanese in the United States who will tie dynamite around their waist and make a human bomb out of themselves…There will undoubtedly be some sabotage financed by Japan and executed largely by imported agents... In each Naval District there are about 250 to 300 suspects under surveillance."

Also, as you know Mr. President, our navel fleet was decimated at Pearl Harbor and we are thus temporarily weak. While the Japanese should not be able to mount a sustained invasion, they have shown themselves more than capable of striking a severe blow. We will win this war, sir, but we must not allow the enemy any foothold - even any semblance of a foothold. I therefore respectfully ask you to do your utmost as Commander-in-Chief  and sign this bill into law.”

“Thank you for your thoughts, Frank. Now, Robert, why are these good reasons incorrect?”

“Mr. President, I want to say I do appreciate you giving me the opportunity to speak to you today. I feel very strongly about this issue."

"I believe the Japanese-Americans living in our country pose no threat and are actually a source of strength. They love this country and many are willing to die for it. Secretary Knox quoted a bit from the Munson Report but you read the report sir. Let me remind you of a passage he omitted:

"There are still Japanese in the United States who will tie dynamite around their waist and make a human bomb out of themselves. We grant this, but today they are few."

Mr. Hoover and the Federal Bureau of Investigation are well aware of these few and track them as Mr. Taft himself mentioned. To incarcerate what will be well over 100,000 people due to a suspicious few individuals is beyond excessive. There will probably be at least half who will be citizens. That represents about 50,000 to 75,000 American citizens who will be denied their due process rights Mr. President. As a result, they will lose their jobs, businesses, and perhaps most of all their dignity. The Supreme Court may very well overturn this law as well since it is clearly unconstitutional.”

President Roosevelt had tried to listen without interruption but could contain the view he favored no longer.

“They might overturn, but I think not.” he said. “the justices are Americans too and recognize the necessities of war, Robert."

Undaunted, Senator Taft shot back, “Must we surrender our freedoms in order to maintain them?”

“War is a terrible, terrible thing. You know your history Mr. Taft. During that great conflict between the states, my predecessor Lincoln issued numerous executive orders and military regulations without even the initial sanction of Congress.

He declared martial law far from combat zones, seized property, suppressed newspapers, and suspended habeas corpus all because of one thing - he was determined to preserve our country. Presidents must make difficult decisions in grave moments.”

Leaning against the table before the President he took one last shot.

“We cannot succumb to irrational fear, sir. We cannot violate our Constitution simply because some citizens have the face of the enemy. This law would be a genuine travesty and future generations will rise and condemn our actions this day.”

Arching his back and leaning forward the President continued,“You mention fear, Mr. Taft. I seem to recall saying something or another about that in my first inaugural address. We have nothing to fear except fear itself I believe it was. 

If there is one thing I know it is that fear, whether rational or not, paralyzes.  Our country is currently swept with this emotion and no place more so than the beautiful cities on our West Coast. Do you not think the Japanese know this truth?”

Leaning forward with his cheeks beginning to glow red he continued, “Why, a mere five minutes after I began my speech two weeks back, a Japanese submarine rose from the depths and proceeded to fire upon our land sir! Not an island far into the Pacific ocean, but American soil! 



The following two days the fair city of Los Angeles was in a virtual panic over a fictitious second attack! You heard of the newspaper reports."

Slumping back down into his seat, the Senator weakly mumbled,

“There was virtually no damage, Mr. President. It was a timid effort with nothing accomplished.”

“Nothing, you say? That was not an effort at diminishing our military capability but an effort at diminishing our morale and a good one at that. The people cannot fight, Senator, they cannot win if filled with fear. We must give them reason to hope and will do so boldly with a surprise attack of our own within a few short weeks time. In the mean time, we must also remove all causes of anxiety and this includes the fear of attack at home."

The President stared down at the bill before him.

“May future generations forgive me and this country for the loss it will create, but I must do all in my power to ensure victory.”

“I must sign this bill, Robert."

President Roosevelt leaned forward and signed Public Law 503.

Subsequently, approximately 115,000 Japanese-Americans would be interned.

The Supreme Court would uphold the constitutionality of Executive Order #9066 in Korematsu v United States.

The Japanese would surrender to the United States.

President Ronald Reagan would sign into law the Civil Liberties Act, which apologized for the internment on behalf of the U.S. government and authorized a payment of $20,000 to each individual camp survivor. 

"Well of course Korematsu was wrong... but you are kidding yourself if you think the same thing will not happen again... That's what was going on — the panic about the war and the invasion of the Pacific.” Justice Antonin Scalia


Inter arma enim silent leges-"In times of war, the law falls silent." Cicero

"What has been is what will be, and what has been done is what will be done, and there is nothing new under the sun. Is there a thing of which is is said, 'See, this is new'? It has been already in the ages before us." Ecclesiastes 1:9-10

#korematsu#japaneseinternment#syrianrefugees