DONALD TRUMP’S LOSING BATTLE . . .
by Selvam Canagaratna
“There is something so showy about desperation, it takes hard wits to see it’s a grandiose form of funk.”
– Elizabeth Bowen, The Death of the Heart (1938).
“President Donald Trump’s effort to snatch a second term through a series of state and federal court challenges has been flaming out for weeks. Now, the calendar has all but extinguished it,” wrote Josh Gerstein and Kyle Cheney in their piece in Politico magazine.
Dec. 8 is the so-called ‘safe harbour’ date for the presidential election, a milestone established in federal law for states to conclude any disputes over the results. Trump’s failure to gain traction in litigation, with his lawyers and allies failing to block crucial states from declaring Joe Biden the winner, means the ‘safe harbour’ deadline stands as another potentially insurmountable reason for the courts to decline to intervene.
Trump’s legal team publicly says the ‘safe harbour’ deadline is meaningless and they’ll simply disregard it. Set by a 140-year-old statute, the date isn’t enshrined in the Constitution, they say. But the campaign’s legal filings tell another story, as Trump’s lawyers pressed courts for urgent action ahead of the deadline midnight on Tuesday and warned of irreparable consequences if they don’t.
The last time a presidential election was resolved at the Supreme Court, the ‘safe harbour’ deadline proved pivotal. And several legal actions seem to be hurtling toward a potential resolution on Tuesday — including a Pennsylvania dispute where Justice Samuel Alito initially asked for responses by Wednesday but decided to expedite further to Tuesday amid speculation about the ‘safe harbour’ deadline.
During the 2000 dispute between George W. Bush and Al Gore, as the court’s majority essentially awarded the presidency to Bush, the justices cited the looming deadline as a reason Florida could not initiate a new, manual recount.
“The majority treated the ‘safe harbour’ very seriously,” Ohio State University law professor Ned Foley said. “That’s why there was no remand to give Florida another chance at recounting.”
Indeed, the very timing of the high court’s hasty resolution of the Bush v. Gore case seemed driven by the ‘safe-harbour’ date. The justices heard arguments the day before it and decided on the very day, which was established in an 1887 statute intended to prevent uncertainty about the winner of the presidential election.
“In light of the inevitable legal challenges and ensuing appeals to the Supreme Court of Florida and petitions for certiorari to this Court, the entire recounting process could not possibly be completed by that date,” the high court wrote in that closed the books on the 2000 election.
As Trump attempts to bludgeon his way to a second term, judges and lawyers for both sides have also treated the ‘safe-harbour’ deadline as a cause for urgency. That’s in part because states whose results haven’t been certified by Tuesday risk having Congress disregard their electoral votes.
Trump keeps vowing that he intends to take his legal battle to the Supreme Court, but with the key date arriving Tuesday he has yet to present to the justices a series of cases he insists could swing enough electoral votes to hand him the election. At the moment, though, the justices have before them only a couple of election challenges stemming from Pennsylvania, with mere suggestions that cases from other states will make their way to the high court.
In the meantime, Trump’s allies have increasingly acknowledged their losing legal hand.
Trump has largely turned his attention away from the legal process and toward a political push to pressure Republican allies in state houses and Congress to subvert Biden’s victory. The shift to this similarly quixotic effort arrives amid an increasingly dire set of circumstances for Trump.
His top legal surrogate, Rudy Giuliani, has been hospitalized with Covid-19. Judges appointed by presidents of both parties have skewered Trump’s legal rationale, and state legislative leaders, including Republicans, have disavowed Trump’s attempts to overturn the election results. And many of Trump’s own aides have begun looking past his presidency and toward a post-Trump Washington.
These developments have all underscored a reality that seems to be sinking in inside Trump’s orbit: It’s over.
“The people have spoken,” Judge Linda Parker, a federal jurist from the Eastern District of Michigan, wrote in a that stung Trump allies for failing at multiple levels to present a legitimate case for overturning the election results.
In Monday’s opinion, Parker mentioned the looming ‘safe-harbour’ deadline and said she was unwilling to overturn a certification already signed back on Nov. 23, two days before the suit she ruled on was filed.
“The Governor has sent the slate of Presidential Electors to the Archivist of the United States to confirm the votes for the successful candidate,” wrote Parker, an appointee of President Barack Obama. “This case represents well the phrase: ‘This ship has sailed.’”
And a federal judge in Georgia, George W. Bush appointee Timothy Batten, threw out a lawsuit brought by GOP electors — represented by Trump ally Sidney Powell — from the bench on Monday, underscoring the flimsiness of the case they brought.
The ‘safe harbour’ deadline is actually more of a legal jumble than it would appear. Legal experts emphasized that it’s far from an expiration date on Trump’s legal challenges, and some are likely to linger, at least until Dec. 14, when the Electoral College is set to cast the formal vote for president.
In Bush v. Gore, the justices seemed to acknowledge that the date wasn’t a drop-dead deadline, but they said the will of the Florida Legislature to avail the state of the ‘safe harbour’ provision could not be frustrated by conflicting orders from the state’s courts.
Some still clinging to what they see as glimmers of hope for Trump’s legal quest note that the Tuesday ‘safe-harbour’ deadline is not dictated directly by the Constitution, but is set by , the Electoral Count Act.
“The ONLY Electoral College deadline specifically required by the Constitution is noon on January 20, at which point Trump’s first term officially ends,” , director of the Amistad Project, which has led some of the pro-Trump legal actions in court.
Others say the century-old law, prompted by the 1876 election standoff between Rutherford B. Hayes and Samuel Tilden, is hopelessly murky.
“What we know for sure: these guys took a decade to write a law that nobody can read to fix a problem that it didn’t really fix,” former Justice Department spokesperson Sarah Isgur .
The law says that Congress will treat as “conclusive” any certification of electors resolved under the state’s established processes by the ‘safe-harbour’ date. However, while Congress is supposed to follow the statute, there may be no way to force it to.
“It’s not self-executing,” Foley said. “I can’t envision a court trying to force Congress to obey the command that seems to be in this [law.] It is purporting to bind Congress, but when it comes down to it I think Congress is the only entity that can enforce this. It depends on the good faith of Congress.”
But with court fights looking increasingly grim for Trump, that seems to be one scenario the President and his allies are at least considering embracing.
Last week, Trump praised Rep. Mo Brooks (R-Ala.) who indicated he intends to challenge Biden’s presidential electors when they are counted by Congress on Jan. 6. Several other GOP House members have lined up to do the same, though even that effort won’t get out of the starting gate without a Senate sponsor. And even with one, the math is virtually impossible for Trump.
A lawyer working with Powell in the Michigan case rebuffed by the judge Monday, Gregory Rohl, dismissed the decision as “cut and paste.” He told POLITICO he still expects a high court showdown over the issues in that state and others.
“We always envisioned that SCOTUS would eventually weigh in on the voter fraud issue across the country,” Rohl said. “I am prepared to proceed forward and can assure all voters of our steadfast determination to maintain the integrity of our democratic process no matter what corruption attempts to taint it.”
Giuliani ignored the courtroom defeats Monday, apparently sticking to a Trump campaign line that Powell’s court setbacks are of no consequence to the campaign’s official work. But the Trump campaign’s own legal efforts aren’t doing much better. On Friday suffered setbacks and outright rejections in county, state and federal courts across the country. Trump and his allies have now lost dozens of challenges at nearly every level.
On Monday afternoon, the maestro of Trump’s legal crusade was still at Georgetown University Hospital, according to a person familiar with the situation, who said Giuliani was there as a precautionary measure.
Two people who spoke to Giuliani on Monday said he was fine and making calls. The campaign is still pressing ahead with legal actions even as they run up on deadlines, but it’s unclear when Giuliani will be able to appear in person again or if he will call into upcoming hearings.
Trump said his first call of the day was with Giuliani, and described him as “doing very well” and without a fever.
“He actually called me early this morning, he was the first call I got,” Trump said after a presentation for the Presidential Medal of Freedom to Dan Gable in the Oval Office. “Greatest mayor in the history of New York and what he’s doing now is more important, and he will admit that.”
Describing his own political prognosis, Trump seemed to pair his usual swagger with a touch of realism about the grim legal picture for his campaign: “You know, in politics, I won 2, so I’m 2-and-0. And that’s pretty good, too,” Trump said, before adding: “But we’ll see how that turns out.”
All communities should be treated equally without distinction
by Jehan Perera
The government was elected on a platform that stressed national security and unity. The elections took place in the aftermath of the Easter suicide bomb attacks of 2019 that caused the highest numbers of casualties in Christian churches. As the bombers were all Muslim, the Muslim population in the country came under public suspicion which was spontaneous and widespread. There was also equally widespread fear and anxiety about follow on attacks that could target Christians in particular and also the population in general. The cause of the attacks and the master minds behind them were a mystery then as they are now.
Due to the timely intervention of Malcolm Cardinal Ranjith, Archbishop of Colombo, in whose diocese the two most serious attacks took place, there was no retaliation against the Muslim population by those who had lost their kith and kin. However, in the weeks that followed, there were mob attacks against the Muslim community in parts of the country that were distant from the bomb attacks. These attacks were not spontaneous but organised and intended to loot Muslim property and cause fear in them. The government, which was under political siege for having failed to prevent the suicide bomb attacks, failed once again to adequately protect the Muslim community.
It is in this context that Malcolm Cardinal Ranjith’s statement on the occasion of the second anniversary of the Easter bombings takes on significance. About two months ago he gave a deadline by which he asked the government to identify who was behind the Easter attacks and the cause for them. The Cardinal has consistently spoken up on the issue of the Easter bombing, first to ask for restraint on the part of the victims, then to ask the government to identify the perpetrators and prior to the elections to take the position that the people needed a government that could protect them. Now he has said that “Our brethren were attacked not by religious extremism, but by a group that exploited it to use the attackers as pawns in order to strengthen their political power.”
Two years after the Easter bombings in which they were branded as supporters of religious extremism, the Muslim community seeks in many different ways to overcome the suspicion that once engulfed them and which they fear can do so again. The use of the black Islamic dress that was an increasing trend among Muslim women has been much reduced. Muslim organisations are making energetic efforts to network with other religious organisations, join inter-religious groups and to liaise with civil society. They make available to them the Islamic teachings on peace and coexistence. This weekend I was invited to the opening of a community centre in the Kurunegala District by a Muslim organization.
On the walls of the community centre there were panels put up with sayings from the different religions on a number of important matters, such as how to treat others, and the role of spiritual values in everyday life. The foremost place at the opening ceremony was given to Buddhist monks who had come to attend the ceremony along with government officials and police officers. The monks who spoke said that the Muslim community living in the village had good relations with the Sinhalese living in the neighbouring villages, and this had continued for generations. Another monk said that after the Easter bombings they had heard there were violent gangs heading in the direction of the Muslim village, they had come there to ensure no harm would befall those people.
In this context, the announcement that the government will ban 11 Muslim organisations sends a negative message to the country at large about the Muslim community. It creates an impression that Muslims organisations are under suspicion and possibly even close to performing acts of violence which necessitates them being banned. Of the 11 banned organisations, two are foreign ones, the Islamic State and Al Qaeda which have been reported internationally as engaging in violence. However, the other nine are Sri Lankan organisations which do not have a track record of violence or illegality. Four of them have the name “Thowheed” in them, which in the Arabic language means “faith.”
The ban on these Thowheed organisations may be due to the fact that the leader of the suicide squad, Zahran, was part of an organisation that had the name “Thowheed” in it. The ban on them may also be due to the fact that the Commission of Inquiry into the Easter bombings recommended such action against them. However, the Commission also recommended that other non-Muslim organisations be banned which has not happened. This suggests that the Muslim organisations are being treated differently. The danger is that when it treats organisations differently, the government may be generating resentment in the Muslim community, especially the youth. If the words of Malcolm Cardinal Ranjith are correct, the problem lies not in Muslim extremism but in partisan power politics.
Sri Lanka has experienced Sinhalese youth insurrections twice and even the Tamil militant movement was started by youth, who were once called “the boys.” Perhaps in anticipation of such a radicalisation phenomenon, the government has recently passed an add-on called the “De-radicalisation from holding violent extremist religious ideology” to the Prevention of Terrorism Act. This will permit people who fall into its ambit to be send to rehabilitation centres for up to two years without trial. This may provide the government with an opportunity to release up to 250 Muslim citizens currently under detention on suspicion of being involved in the Easter bombings and send them for rehabilitation. On the other hand, this regulation may be used in the future in regard to other persons and other groups. The better way to prevent radicalization is to make people feel that the law is even-handed to all, and also to encourage engagement between communities.
During the discussion that took place at the opening of the community centre in Kurunegala, it was noted that the younger generation had fewer inter-community linkages than those of older generations. This may be due to the changing nature of society and the economy where people spend less time with other people and more time with machines or doing narrow and specialised jobs. In multi-ethnic and multi-religious societies in which there is conflictual relations, the tendency on the part of those from different communities will be to live in their own silos rather than interact with those of other communities. Living in peace in plural societies requires purposeful and energetic interaction which is organised. Where there has been ethnic and religious strife the world over, the better answer has been to provide people with encouragement and incentives to mix together, which is what the Muslim organization in Kurunegala was trying to do.
TNGlive…a boon to artistes affected by the pandemic
No doubt, Covid-19 has ruined the entertainment industry, throughout the world.
Entertainment venues have been shut down, concerts cancelled…and musicians are finding the going pretty tough.
However, it’s heartening to know that there are performers who find solace in keeping the public entertained, via online performances.
In this instance, those responsible for TNGlive must be congratulated for creating this platform, on social media, in order to give lots of folks, from around the globe, the opportunity to showcase their talent, on a regular basis.
Quite a few Sri Lankans have been featured on TNGlive, including Melantha Perera, Suzi Croner (Fluckiger), Sureshni Wanigasuriya, Yasmin de Silva, and Kay Jay Gunesekere,
Suzi did this scene twice, and on both occasions her performance was highly rated, with bouquets galore coming her way…on social media.
On Saturday, April 10th, she was featured (8.00 pm Sri Lankan time) doing songs from the country and western catalogue.
It was a very entertaining programme, which also contained some dance scenes (line dancing) from the audience present, in her living room – her friends.
Her repertoire included ‘Joline, ‘Me And Bobby McGee, “Johnny B. Goode,’ ‘Blue By You,’ ‘Okie From Muskogee,’ ‘Tennessee Waltz,’ ‘Rose Garden,’ ‘Mississippi’ and ‘Cotton Eyed Joe.’
Suzi is to make her third appearance, on TNGlive, shortly, but this time it won’t be a solo effort, she says.
“For variety, I would be having a guy from the Philippines, and he sings the hit songs of Tom Jones and Engelbert.”
So get ready for another special from Suzi, who now resides in Switzerland.
Suzi was the frontline vocalist for the group Friends who were, at that point in time, top of the pops!
Another artiste who impressed viewers, performing on TNGlive, with his daughter, was Nigel Gerrard John Galway.
Nigel is from India, and has been a Chef for the last 23 years, with 12 years spent at the Oberoi hotels. He was also an executive Sous Chef at Taj, in Coimbatore.
In fact, Allwyn Stephen, TNGlive chief, referred to Nigel as…probably the first Singing/Dancing Chef in the world!
He, and his 18-year-old daughter, Lean Pamela Mary, did get the attention of many, with their unique style of presentation; while Nigel handled the vocals, Lean, using only gestures, expression, and movements, brought out the meaning of the lyrics in most of the songs her dad did. And, she did it beautifully.
Yes, she also did exercise her vocal cords, on this particular programme
Says Nigel: “We come from a family of musicians, but we attempted singing, only during the pandemic, on various social media groups, and we did so only because we were all stuck at home.
“We joined TNGlive, through a friend, and have been performing ever since. The love and support we received from people around only encouraged us to keep growing and now we have a page of our own called THE SINGING CHEF.”
Heard at the club
A member reminisced an incident that happened long years ago, during those peaceful times when terrorism was unheard of. He had been driving his car, on the Deniyaya Road, when about six miles from Galle, he saw a village in a state of panic. So he stopped his car near the village boutique and asked the mudalali what was happening? The mudalali had said that the self-opinionated ‘mudliyar’ of the village (a court interpreter) had organised a ‘dane’ (an alms giving) and was awaiting the procession of monks, complete with drummers, from the temple. And, seeing it coming over the paddy fields which was a short cut, instead of the village road as show off, put him in a paddy, and he had chased the monks away. So the monks had gone back to the temple. As the meal time deadline for monks was fast approaching, the villagers brought the meals they had cooked in their homes, to serve the monks! That was the panic.
He was an unpopular villager who rose to a high position in the public service with political influence. Cussed by nature, he used his official position to harass villagers. When he met with an untimely death and, right at the moment the coffin was taken to the hearse, the whole village reverberated with the sound of fire crackers, organised by the irate villagers.
Once a terrible post office blunder very nearly wrecked a marriage. A certain sales rep sometimes sold his wares on credit. One such creditor was the owner of a shop named ‘Chandra Cafe’ who was slack in his payments. So the sales rep sent him a telegram that he would be coming to collect his dues, next Monday. On receipt, the owner of Chandra Cafe telegraphed the rep asking him not to come on Monday and the telegram received by him read, ‘Do not come on Monday – Chandra K.P.’ And when the rep’s wife read the telegram there was some misunderstanding at home which nearly rocked his marriage.
This reminded us of another telegram. An army officer was to go back to camp by the night mail. When he arrived at the railway station, he found a lady in an advanced state of pregnancy, almost in tears, because no berths were available. Gallantly the officer offered her his berth and, at the nearest post office, sent a telegram to his commanding officer saying ‘Unable to return tomorrow as ordered. Gave berth to lady. Arriving tomorrow evening.’
Obviously, the vital word ‘berth’ had been misspelt as ‘birth’, for the gallant officer received this reply from his commanding officer, ‘Your next confinement will be to barracks’.
A philanthropist donated a building to his old school. An opening ceremony was held with a VVIP as the chief guest. A group photograph was also taken. As the donor was keen to get this photograph published in the newspapers without delay, he sent the local correspondent in his limousine to Colombo. He met the editor who happened to be an old boy of the same school. After a look at the photograph, he folded it in such away to eliminate the principal and sent it for publication. The editor seemed to have an axe to grind with the principal!
It was in the early 60s and I was on my way to the club in the evening, when I met a friend near the club. With him was another, I invited them both to the club and after a few drinks we were headed out of the club, when near the gate, my friend pulled me aside and said that his friend was going for some trade union work to Hambantota and was short of funds. I told him that he should have told me that before I paid the club bill and also told him I had only Rs.18.00 which I gave. This trade union leader was non other than Rohana Wijeweera, who was to become JVP leader.
It was towards the end of the 1980s and a club member, a tea factory owner was on his way home all alone in his car, at the break of down, after finishing his factory work. He had to travel 12 miles. After about five miles, he saw a youth profusely bleeding with injuries, coming down a hill. The good Samaritan that he was, he took him in his car to the hospital. On the way, the police took him and the injured youth into custody for terrorist activities. Fortunately for him, Major-General Lucky Wijeratna, who was a classmate of his at school, was there to save him.
This happened several decades ago. There was a certain popular elderly club member, who was a wealthy businessman and drank nothing but whisky. That day when he came to the club, he seemed to have lost his bearings. He told his friends that he was going to donate all his wealth to the Home for Disabled Children which was close to his house, because his only child, a daughter, had eloped. His friends prevailed on him to defer his decision for a few months. About a year or so later, he came to the club one evening carrying a big flask in his hand. He said that it was for his errant daughter who has now reconciled, adding that he was a grandfather now!
A busy garage was located in a residential area and it was open day and night. To highlight their services, they put up an impressive signboard, ‘We never sleep’. The following day a prankster had written below it ‘and neither do the neighbours’.
During the day of insanity – 29th July 1987, the Open University at Matara was burnt down and the Ruhunu University remained closed. A wall poster came up. It read: ‘Close the Open University’ and ‘Open the closed University’.
A young teacher, met a young man at the Dehiwala Zoological Gardens. Although their native villages were far apart, they
became close friends and planned to get married in the near future. He posed as a private bus owner. One day on a visit to his fiancée, he stayed the night over and muttered in his sleep, “Borella – Battaramulla! Borella – Battaramulla!” This aroused serious suspicions about his identity. So a few days later, her parents came to the Borella junction, to see him in a sarong loading passengers to private buses as a ‘bus crier’. And the love story ended right there.
A long time ago a wealthy industrialist, a popular member of the club, was having his drink in a secluded corner of the club, most unlike him. He appeared to be quite agitated. Some concerned friends asked him what happened. He said that his only daughter (he also had a son) had married a man of her choice adding that his wife was in favour of the marriage. The daughter he said, was 22 years old. His friends told him that at that age, she was entitled to choose her partner in life and appealed to him to take things easy as his wife too approved of the marriage. After about a year or so, a friend visited him. Proudly pointing out a large multiple storey house in his sprawling garden, he had said that it was built by his son-in-law.
A certain member served abroad for many years. One morning he come back to his native Galle in a hired helicopter. That evening he came to the club and ordered a case of beer for his friends!
Several years ago, a member had gone to the Galle Post Office to send a telegram to a close relative. He was informed by the postal authorities that there was a breakdown in the telegraphic services and that it was unlikely that his message, about a bereavement in the friend’s family, would reach his relative in time. They advised our friend to telephone someone in the area where his relative lived and to get the message delivered orally. Those were the days when only a few had telephones. As the member did not know anyone in that area with a telephone, he thought of S. Jayasinghe, known as Mr. S, who was not know to him personally and who was a Junior Minister residing in the area where our friend’s relative lived.
When our friend telephoned him from the post office, he had just got into his car to go somewhere. Soon after he was speaking to our friend over the phone as if he was talking to an old friend. He also told our friend that he was about to go to the site where he was building a new house. Our friend then gave him the message and appealed to him to get it delivered. The rest of the story was told to our friend by his relative who had said that during a heavy shower of rain, he found a car near his gate and that when he went up to the car he recognized him to be the Junior Minister. Like my friend, he did not personally know the Junior Minister. Instead of giving the message then and there, he had got off the car and had gone to our friend’s house and not only given the message but also consoled him by talking to him for a few minutes.
It was in the late 1980s, at the height of the insurrection, that this member was travelling all alone to Galle in his jeep. He was going through the Kottawa Forest which was famous at the time for tyre pyres. The Navy had stopped his vehicle and asked him to take a young man who was injured in a motorcycle accident, to the Galle Hospital, about eight miles away. The young man was bleeding profusely. He got him admitted to the hospital but our friend was forced to stay there for a long length of time, culminating in his having to give his consent for a surgical operation on the injured, whom he had never seen before. Alas! The purpose of his visit to Galle was lost.
A member had two sons, twins aged three years. As they fell ill, he channelled a specialist doctor who examined one twin and refused to examine the other, as an appointment was not made for him. So our friend had the other twin channelled as well. Certainly, it was no personification of Hippocrates!
A popular elderly member used to come to the club only on his pay day to keep himself warm. He worked at ‘Sathosa’ (C.W.E). The younger members would then tell him that he is very fortunate to work in a historic establishment like ‘Sathosa’ which is also referred to in Guttila Kavya (an epic) thus:
‘Sara Salelu Jana Sathose.’
Highly elated he would order a round of drinks, adding ‘Surapana karathi mese’.
This happened many decades ago. A member who was an inveterate gambler once lost heavily at the card table and mortgaged his expensive wrist watch. A member who was not well disposed towards him had sent a post card to his wife informing her that her husband sold his watch to gamble. He also had a 15-acre well-maintained tea estate which he had to sell when his gambles failed.
This story was related by a member and is about the ‘kings’ in the planting circles. A planter in the coconut belt of the North Western Province who owned acres of coconut, once named himself ‘King Coconut’. He argued that if a planter in the Kalutara District who owned vast acres of rubber could be referred to as a ‘Rubber King’ why shouldn’t he be called ‘King Coconut’.
One day a member related a story, which is hard to believe. A teacher who served in an uncongenial station, in his quest for higher knowledge, had studied for an external degree at a university. And he passed the examination with flying colours, obtaining first class honours and was highly commended by the university authorities for his brilliance, while serving in a different area. He had confided to his friends that his success at the exam was due to the gift of seeing all the question papers in a dream, before the examination!
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