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While I see many parallels with the choice we faced back then, I now think differently about how to register my opposition to war.
In 1968, I was a full-time anti-Vietnam War organizer and voted for a third-party candidate. I now regret that protest vote, which has led me to think differently this time around.
I certainly sympathize with many progressives who intend to either sit out this election or vote for the Green Party’s Jill Stein or Cornel West. Kamala Harris’s continuing support for Israel’s war on Gaza and now Lebanon is abhorrent to anyone opposing war. For the past year the Biden-Harris administration has functioned as a willing ally and enabler of Israel’s genocide. Though not a self-proclaimed Zionist like the president, Harris parrots Israel’s talking points and lies about the war on Gaza. At the Democratic convention, she didn’t even permit a Palestinian representative to speak for five minutes from the platform.
But come election day, I won’t be casting a protest vote as I did in 1968 — even though I see so many parallels with the choice we faced then.
Like Harris, that year’s Democratic candidate, Hubert Humphrey, served as vice president, standing loyally by as Lyndon Johnson sent more than a half-million U.S. troops to Vietnam, hundreds of whom were dying every week in 1968. Far from distinguishing himself from the war hawks, Humphrey made speeches supporting the U.S. and its South Vietnamese allies as thousands of American soldiers were killed and hundreds of thousands of Vietnamese were slaughtered.
When it comes to radically transforming the two major political parties it’s going to take a lot more than one election cycle.
Adding to this outrage, Humphrey was nominated at the infamous Democratic convention in Chicago where the local cops brutally assaulted antiwar demonstrators in what was later described as a “police riot.” I was one of those protesters and was jailed for my efforts. Many antiwarriors demonstrated against Humphrey during the subsequent campaign, often chanting “Dump the Hump.” So, when election day came, I just couldn’t bring myself to vote for someone I considered a war criminal and cast my ballot for comedian Dick Gregory, who was running on a third-party ticket.
What I did not consider, however, was Humphrey’s opponent — Richard Nixon. At the time, I considered the parties as Tweedledee and Tweedledum. Both seemed indistinguishable on Vietnam. And both reflected the same Cold War anticommunist mentality that underlay the American imperialist project and the growing military-industrial state.
I ignored, however, the profound differences between the two candidates on a host of other issues. For example, Nixon’s campaign revolved around what he called a Southern strategy. By using thinly disguised racist “law-and-order” rhetoric, he hoped to peel away white Southern and Northern white working-class voters from the Democrats. Ronald Reagan and later Republican administrations have solidified their appeal to white voters to effectively roll back the hard-won gains of the civil rights movement, especially on voting rights.
Today, the differences between the two parties are even more stark on a wide variety of issues – from women’s and LGBTQ+ rights to the climate and consumer protections to electoral integrity. The evidence can be found in Project 2025, the Republican blueprint for a new Trump presidency. Or in what Trump proclaims at his rallies. Earlier this month, he declared that he intends to use the military against protesters whom he considers “the enemy within.”
This kind of authoritarian rule is happening around the world, including Erdogan’s Turkey, Orban’s Hungary and Putin’s Russia. There is very little to protect it from happening here. We certainly can’t rely on the current Supreme Court.
In the face of such a prospect, shouldn’t we do whatever is possible to forestall an autocratic regime? I no longer see casting a symbolic protest ballot — or sitting on the sidelines — as an act of conscience. Real acts of conscience imply taking a risk and being willing to accept the consequences.
Still, some might argue that it’s worth voting for the Green Party’s Jill Stein to send a message to the Democrats that they can’t literally get away with murder in Gaza. But would it convey that message?
In 2016, when Stein last ran for president, she received more votes than Trump’s margin of victory in three key states: Michigan, Wisconsin and Pennsylvania. In this election, that could be enough to help him retake the White House. Trump’s solution to the Gaza war: Netanyahu should “finish the job.” Is that something that would help the Palestinians?
More than anything, they need us to continue challenging the U.S.-Israeli genocide by street actions, by supporting the Boycott, Divestment and Sanctions movement, or BDS, and by educating our fellow citizens about the reality of the Zionist settler-colonial project. When it comes to radically transforming the two major political parties it’s going to take a lot more than one election cycle. It will require building powerful movements that address systemic issues like racism, poverty, ecological devastation, and war and militarism.
The court has issued an instruction manual for future lawbreaking presidents: Make sure you conspire only with other government employees. You’ll never be held to account.
It long had seemed that the “stall” would be the worst thing the Supreme Court could do when it came to Donald Trump’s claim of immunity from prosecution. How naive.
Delay there will be. The six justices in the Republican-appointed supermajority held, “A former president is entitled to absolute immunity from criminal prosecution for actions within his ‘conclusive and preclusive constitutional authority.’” They added, “There is no immunity for unofficial acts.” Rather than make clear that trying to overthrow the Constitution’s peaceful transfer of power is not an official act, the justices send the whole matter back to trial judge Tanya Chutkan. Expect more consideration, more parsing, more rulings, more appeals. It will all likely end up at the Supreme Court again in a year, if the whole prosecution isn’t shut down entirely.
But damage to our system goes well beyond delay. Trump v. U.S. astounds in its implications. It grants the president the power of a monarch. Richard Nixon defended his conduct in Watergate, telling interviewer David Frost, “When the president does it, that means it’s not illegal.” Effectively, the Supreme Court’s supermajority has now enshrined that brazen claim.
The presidential immunity concocted today would have blessed most of Nixon’s crimes.
To be clear, there are reasons to be nervous about prosecuting former chief executives, so some standards make sense. In this case, though, the court has issued an instruction manual for future lawbreaking presidents: Make sure you conspire only with other government employees. You’ll never be held to account.
What makes something an official act? “In dividing official from unofficial conduct, courts may not inquire into the president’s motives,” the justices ruled. And a jury cannot learn about the other parts of a criminal conspiracy that may involve official acts.
Justice Amy Coney Barrett did not agree with this last critical point. She said that of course juries can consider the context of a criminal act. Neither Justice Samuel Alito (who flew insurrectionist flags outside his two homes) nor Justice Clarence Thomas (whose wife was on the Ellipse on January 6) recused themselves. They cast the deciding votes to keep from jurors the full story of the attempted overthrow of the Constitution.
The founders said repeatedly that presidents have no special immunity, as a brief filed by the Brennan Center on behalf of top historians made plain. After all, that was one of the very things about the British monarchy that they hated and against which they rebelled.
Even more directly, this ruling undoes the restrictions on presidential abuse of power put in place by officials and jurists of both parties since the 1970s.
The imperial presidency described an age of growing executive authority and abuse of power. It came crashing to an end during Watergate and after revelations about the misuse of intelligence and law enforcement by Nixon’s predecessors.
The presidential immunity concocted today would have blessed most of Nixon’s crimes. Nixon ordered his White House counsel to pay hush money to burglars in an Oval Office meeting on March 21, 1973. Presumptively an official act? He dangled clemency before E. Howard Hunt, one of the conspirators. Use of the pardon power—entirely immune? He resigned when a tape revealed he had ordered the CIA to go to the FBI to end the investigation of the burglars sent by his campaign committee. “Play it tough,” he told his White House chief of staff. On its face, official.
What about other criminal cases involving high officials? In the Iran-Contra scandal of the late 1980s, numerous officials were charged (including the national security adviser and the defense secretary). Ronald Reagan faced no charges, but not because he was presumed immune. What if he did break the law—would he have escaped accountability? In 2001, federal prosecutors probed whether Bill Clinton sold pardons. They cleared him—but issuing a pardon is surely an official act.
In her dissent, Justice Sonia Sotomayor said it plainly: “Under [the majority’s] rule, any use of official power for any purpose, even the most corrupt purpose indicated by objective evidence of the most corrupt motives and intent, remains official and immune. Under the majority’s test, if it can be called a test, the category of presidential action that can be deemed ‘unofficial’ is destined to be vanishingly small.”
So, yes, all this will delay Trump’s trial. In that sense, he gets what he craved. But the implications are far worse for the structure of American self-government.
It is a massive failure for Chief Justice John Roberts. The other major rulings on presidential accountability for legal wrongdoing have been unanimous. U.S. v. Nixon (limiting executive privilege) was written by the Republican chief justice Nixon appointed, and it was unanimous. Clinton v. Jones (opening the president to civil suit even while in office) was unanimous. Let’s grant that Roberts is an institutionalist. He is presiding over the collapse of public trust in the very institution he purports to revere.
And Trump v. U.S. has enormous implications for the future of the presidency. Remember that utterly bonkers hypothetical from the appeals court argument—that a president could order SEAL Team Six to assassinate an opponent? Sotomayor again: “A hypothetical president who admits to having ordered the assassinations of his political rivals or critics... has a fair shot at getting immunity under the majority’s new presidential accountability model.”
We read sonorous language in the majority opinion that “the president is not above the law.” But just in time for Independence Day, the Supreme Court brings us closer to having a king again.
Don't let history fool you. Trump can be destroyed, but only if those in a position of power show the courage that's needed. It’s now up to Biden's inner circle and the leaders of the Democratic Party to make the correct decision.
By showing his age and fragility in the debate, President Joe Biden did us all a big favor. There now is a possibility, still slight but higher than before, that he will bow out of the race and not run again.
On November 20, 2023, I wrote a column—titled "Who Has the Courage to Tell Joe Biden Not to Run?"—that asked Biden to drop out. I took heat for that, even from my friends and colleagues. I heard all kinds of arguments, ranging from “He’s a great president and deserves another term,” to “It’s too late to do anything about it.” I was also accused of being a defeatist and some said that my attitude would weaken Biden and help Trump win.
After Biden gave his energetic State of the Union address, the finger wagging accelerated: “See, Biden clearly has the wherewithal to crush Trump,” friends said. I was not convinced. But, after Biden’s Thursday night debate performance, a lot more people became unconvinced. He looked old and spoke even older, that was undeniable.
It’s now up to Biden and the leaders of the Democratic Party. Do they have the guts to tell Biden not to run? Do any of the younger presidential hopefuls have the nerve to speak out? Does Biden have the guts to withdraw?
It is past time to listen to what the Democratic rank and file have been saying all along. They want someone younger to do combat with Trump. While I’m usually a poll skeptic, Biden’s approval numbers are pathetic. The president stood at just 37 percent as of June 24, and that number hardly budged even after the surprisingly strong SOTU address. That polling weakness, I believe, reflects less on the president’s job performance than on how he looks and acts on the job.
Unfortunately, the primaries have been completed and no significant Democrat has showed the nerve to oppose him. That leaves it up to Biden to decide, and in the aftermath of the debate debacle, he and his team say they’re running harder than ever... right over the cliff!
But that could change if his poll numbers further deteriorate and if enough Democratic leaders feel they might lose as well in the fall if Biden heads the ticket.
Pundits have encouraged the Democrat’s cowardice by claiming that defeat always follows when a sitting president is challenged by one of his own party. The poster child for this story is 1968, when Democratic Senator Eugene McCarthy of Minnesota took on President Lyndon Johnson in the primaries. McCarthy’s strength led Johnson to withdraw, and for party regulars to engineer the nomination of Vice President Hubert Humphrey. This ended with the victory of Richard Nixon in the general election.
That’s not the way I see it. I challenge all comers to a historical duel about 1968 politics. I think that election was entirely winnable by Humphrey had he taken a mild anti-Vietnam War position a bit sooner during his fall campaign.
That pivotal year is worth reviewing. In 1968, there were 536,000 U.S. troops in Vietnam killing and being killed in large numbers. The Tet Offensive showed the American public that the Johnson administration had been lying when describing our success conducting the war. It was clear that America was not winning. McCarthy challenged the sitting president with a strong anti-war message, appealing to the support of young people in the growing anti-war movement. (About one million men were drafted into the armed forces from 1965 to 1968.) Thousands flocked to his campaign, going door-to-door in New Hampshire where McCarthy gained 42 percent of the Democratic primary vote. The next primary was to take place in Wisconsin and following his New Hampshire scare Johnson knew he was sure to lose. On March 30, LBJ dropped out of the race, and on April 2 McCarthy won Wisconsin by 57 to 35 percent.
With Johnson out, Humphrey became the Democratic Party establishment candidate, but then Robert Kennedy jumped in, making it a three-man race. On April 4, Dr. Martin King Jr. was assassinated in Memphis and riots broke out in 100 cities across the country, leading to 43 deaths and the mobilization of National Guard units and the military occupation of several U.S. cities. Disruption and chaos had the upper hand, and by the time of the California primary, on June 4, it was clear that Kennedy, would defeat McCarthy and become the leader of the anti-war Democrats. Sadly, he was assassinated that night in Los Angeles, greatly weakening the anti-war electoral efforts.
The August 26-29 Democratic convention, held in Chicago, turned into a riot, a police riot, as the Chicago police—under the control of Mayor Richard Daley—viciously attacked the generally peaceful anti-war demonstrators. Anti-war convention delegates, and even CBS’s Dan Rather, were beaten as Daley turned his political machine into a ramrod for the Humphrey campaign. The carnage was broadcast live on TV.
After Kennedy’s murder it was a forgone conclusion that Humphrey would become the Democratic nominee. But the key political event at the tumultuous convention turned out to be the vote on a rather mild peace plank for the Democratic Party platform, something that the Kennedy and McCarthy delegates hoped to salvage for their efforts. But LBJ, pulling the strings, refused to compromise and the plank was narrowly defeated.
I try to avoid the prediction game, but I am willing to go out on a limb on this one: If Biden stays in, we get Trump. If a younger Democrat becomes the nominee, Trump will get crushed.
That fall, Vice President Humphrey ran against the former Vice President Nixon, who based his campaign on law and order, scaring the newly concocted “Silent Majority,” and criticizing the riots and anti-war demonstrations that were ripping through the country. Nixon also claimed to have a plan to end the war in Vietnam that he would reveal at his inauguration, which turned out to be an appealing lie. Humphrey, an organization man nearly to the end, stayed loyal to the unpopular LBJ positions and fell behind by 44 to 27 percent in a September 27 Gallop poll.
On September 30, 1968, Humphrey finally broke ranks with LBJ in a nationwide speech. He announced that he would put an end to the bombing in Vietnam and would call for a ceasefire. This brought McCarthy and many of his supporters, as well as Kennedy supporters, into the Humphrey campaign, quickly narrowing the gap. But with only a month to go Humphrey didn’t quite get there: Nixon won 43.4 percent to Humphrey’s 42.7 percent, with segregationist George Wallace netting 15.5 percent.
I believe any objective analyst would conclude that had Democrats supported the peace plank at the convention or had Humphrey offered his peace plan sooner, he would have won. So please don’t use 1968 to tell us that if Biden withdraws, the Democrats are sure to lose, (which is what Kaitlin Collins said on CNN the night after the debate.)
I try to avoid the prediction game, but I am willing to go out on a limb on this one: If Biden stays in, we get Trump. If a younger Democrat becomes the nominee, Trump will get crushed.
It’s now up to Biden and the leaders of the Democratic Party. Do they have the guts to tell Biden not to run? Do any of the younger presidential hopefuls have the nerve to speak out? Does Biden have the guts to withdraw?
President Biden, we thank you for your service. Now give us the chance to thank you again for protecting democracy by stepping aside.