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THE NEW PRESIDENT of the United States, Joe Biden, has hit the ground running, just as the 78-year-old pledged he would.
He has been extremely active in signing executive orders, which are directives the president is empowered to promulgate by virtue of his constitutional executive and enforcement authority.
There have been 25 already. At this stage of their presidencies, Donald Trump and Barack Obama had signed 7 and 9 respectively.
Many of these have been a payback to the progressive elements of the Democratic Party who were sceptical about the once moderate US Senator from Delaware – Biden in the 1970s professed that he was “about as conservative as your grandmother” on a range of social issues – yet rallied around him when they recognised that he represented their best chance to defeat President Trump.
On Covid-19, these include compulsory wearing of masks on federal property, a pause on student loan payments through September and a moratorium on foreclosures and evictions.
His executive orders on the environment have ended construction of the controversial Keystone XL oil and gas pipeline and reinstated the US in the Paris climate agreement.
On immigration, President Biden has moved to “reset policies and practices for enforcing civil immigration laws,” to halt construction of the vaunted wall on the Mexican border, to end the prohibition on resident citizens of several predominantly Muslim nations from entering the US and to strengthen protections for undocumented immigrants who were brought into the country by their parents as children.
Also, he has rescinded the ban on transgender people serving in the military enacted by his predecessor.
These were high on the left’s wish list. And there are more in a similar vein.
This may be a deliberate tactic: undo to the extent possible what most outraged liberal Democrats with the stroke of a pen; absorb the anger from the right as a necessary hit in the anticipation that it will fade; then embark upon protracted negotiations with congressional Republicans on initiatives that will appeal more broadly and from which he can emerge as a “compassionate centrist” in a divided Washington.
It will not be easy to get things done in the Senate and House of Representatives, which are led by razor-thin Democratic majorities.
That is manifested from ongoing discussions on the coronavirus stimulus package that has been advanced by the White House.
Crucially, those in the GOP who may be amenable to getting on board with it, such as Mitt Romney, have commented that the $1.9 trillion (€1.58 trillion) price tag is too high for their liking.
Getting this obviously mammoth expenditure, as well as any proposal to rebuild America’s crumbling infrastructure, over the line will probably require Joe Biden and the Democrats to roll up their sleeves and engage in the nitty-gritty of compromising to achieve their legislative aims.
This was something his old boss, President Obama, was not renowned for. Fortunately for Biden, he can call upon decades of experience as a lawmaker, as well as strong personal relationships, on this front.
Meanwhile, however, Biden’s agenda is set to be temporarily derailed insofar as attention will turn this week to another Donald Trump impeachment trial.
The legal submissions ahead of its commencement signal what the lines of argument and strategies will be. Each side will be playing both to the 100 member jury in the US Senate, two-thirds of whom will have to vote in favour of conviction, and, equally importantly, to the wider electorate.
There is a sole article to consider, incitement to insurrection, and it boils down to what transpired in a few hours on 6 January 2021 on live television.
The House managers, those Democrats chosen by Speaker Nancy Pelosi to prosecute the case, have drafted a provocative brief.
In their words, “President Trump created a powder keg on January 6. Hundreds were prepared for violence at his direction…All they needed to hear was their President needed them to ‘fight like hell.’ All they needed was for President Trump to strike a match.”
Trump is hence “singularly responsible” for the mayhem on Capitol Hill that resulted in the deaths of five people.
The managers contend that his conduct is clearly incitement to insurrection and rises to the level of high crime or misdemeanour mandated by the US Constitution. They dispute that what Trump said is shielded by the 1st Amendment.
Additionally, they cite relatively ancient precedent showing that former office holders have been subjected to impeachment trials and outline the dangers inherent in allowing them to escape culpability simply by resigning prior to a trial.
Trump’s defence team has responded in its answer by assailing the constitutional legitimacy of a trial in the circumstances. “The constitutional provision requires that a person actually hold office to be impeached. Since the 45th President is no longer ‘President,’ the clause ‘shall be removed from Office on Impeachment for…’ is impossible for the Senate to accomplish.”
The answer goes on to deny that the president’s remarks were the catalyst for the unrest on 6 January and assert that the words he employed were permissible under and protected by the 1st Amendment.
Senate Republicans are concerned that the defence lawyers, at their client’s behest, may also seek to re-litigate the election result because they have denied that Trump’s allegation of voter fraud on the infamous day was false.
This trepidation flows from their cognisance of how determined the ex-president is to avoid facing the truth that he lost. They are anxious lest they be associated with the conspiracy theorists who continue to offer him succour.
It is far safer for these Republicans to hang their hats on constitutional doubts and on a connected practical thought that is bound to strike many Americans: What is the point of this trial? The “duck” is there for them.
Given that conservatives are wary of offending those still faithful to Trump, the safe betting is that most GOP senators will rely explicitly on these grounds and the avid senior golfer who has decamped to Florida will be acquitted at the close of trial. Barring a big surprise, only a handful will join with the Democrats.
Nonetheless, I will be monitoring proceedings diligently.
First, I want to see how long it will take. I am hopeful that a trial involving one article and highly visible events that occurred in a short space of time won’t drag on unduly – even in a body that invariably operates at glacial speed. I am guessing that President Biden wants it over quickly and has communicated this to Democratic congressional leaders.
Second, I am curious at both a human and a political level to observe how Congressman Jamie Rankin – a law professor turned politician who lost his son to suicide just before 6 January and is lead counsel for the House managers – performs under the spotlight.
That he would not step away from such a prominent role in the immediate aftermath of a profound family tragedy will make Rankin a household name and a patriot in the eyes of many.
When the trial has wrapped up, it will be fascinating to see if Donald Trump has been resuscitated or even further diminished. No matter how they vote as jurors, I suspect that there is broad bipartisan yearning, whether public or private, for the latter outcome in the US Senate.
Regardless of the disparate motivations underpinning their sentiments, I fully concur. Isn’t it nice to have someone we can honestly respect in charge?
Larry Donnelly is a Boston attorney, a Law Lecturer at NUI Galway and a political columnist with TheJournal.ie.
O’Brien has won a huge victory. It was never about the money – €150,000 plus costs is chump change to him. What he has achieved is what he set out to do: to put down a marker to other journalists thinking of criticising him – do that and your ass will end up in court. There will be no further critical opinion pieces about in the Irish media. It is a sad day for journalism.
We can expect no less from our legal system but to vigourously defend the rights of all of our vulnerable multi millionaires .
For lets not forgey they are vastly outnumbered by the great unwashed.
I disagree. This was a victory against lowest common denominator journalism. It’s a decision that potentially benefits the ordinary citizen because editors of the ‘red tops’ will be more cautious about publishing defamatory stories about people, loosely based on fact, who may not be able to afford to vindicate their good name. In any event, it’s a decision by a jury not a judge so clearly the ordinary citizen jurors felt Mr O’Brien had been defamed. An interesting argument that the paper might have raised in its defence is whether Mr O’Brien had a good name to vindicate in light of the Tribunal findings. Haven’t been following the story so don’t know was this addressed at trial.
Barry why do you speculate that this case may help a person without wealth to defend their good name. How does it possibly confer that ?
Because Brian most people here just hate anyone with wealth.
I think the hole in your argument is to associate the irish daily mail with journalism to be honest.
In fairness. he was in the right here. You just simply can’t make a story up out of nothing. Digicel have a huge operation in Haiti and make a lot of money there. It was unsurprising that O’Brien an co would play a role in the recovery. O’Brien may well be seeking the spotlight in this role (as many would and he wouldn’t be the first to do so) but to say he was using this natural disaster to distract from the Moriarity report is just clutching at straws and ridiculous. A tenuous piece like this is not good journalism and it was a sad day for journalism when it was published in the first place.
Wonder will he donate that money to Haiti?
He probably will and we’l hear all about it.
No chance that’s 10years membership to the k club.
Denis O’brien is a f…… c… . My opinion.
Fully agree
Damn it, I was just about to say something bad about Denis :(
Gwan ahead – €150k was good value for them to get the story 90% right…
Denis is a bilderberg attendee, well connected to the banking interests. Other connected lads are Noonan, john Bruton, McDowell, Peter Sutherland. The control these people have over the media is frightening. Everything I wrote here is verifiable so don’t delete.
I won’t write down what I know Denis O’Brien did here. But I’ll be telling it to everyone I meet. I invite everyone in Ireland to do the same. And maybe push for prosecutions from Moriarty.
Billionaire or not, the press should not give an ill informed opinion. They should report on a factual basis.
What are you basing that statement on ?
Outcome of the court case I presume.
I’d be closing down the comments on this one – just in case like!
Delighted at this news. Just because you’ve made money does not leave you open to gutter English press. Nobody should be submitted to underhand and libellous lies.
Read the Tribunal Report
What a travesty. Seriously despair for this country.
This world is far too harsh for one as sensitive as Denis. His pain is worth at least €150k. poor fellah.
Bloody Sunday victims 50,000 what has this world come to and who really has the power is it the Denis o briens of the world ?
Denis O’Brien has every right to use the law to defend his name. Journalists think its acceptable to blacken someone’s name and call it freedom of information. Success and wealth may carry distasteful connotations in modern day Ireland but that doesn’t mean everyone that is wealthy and successful are shady and distrustful. Well done Denis, hopefully the press will think twice now before libelling someone but I wouldn’t hold my breath.
Libelling someone. His actions over the last while do that for him.
Not according to the courts.
Do you play golf with him?
Say you still believe Lance Armstrong is clean John
Well the jury found the journalists opinion was not based on full facts or in the public interest . So what constitutes “full” facts or public interest . Bit nebulous or at least maleable , no?
Dobby has the deep pockets pockets to exercise this “right” in court where the rest of us simply have to suck this stuff up.
This is a bad news story.
No, I can’t play golf.
@ Brian. A story not based on full facts is one made up out of a small portion of facts and manipulated to make it look like it is something it isn’t. A bit like the Da Vinci code. As for it being in the publics interest, give me a break. Newspapers print stories to sell papers and scandal sells. Why not print stories about O Brien’s charity work? I don’t know DOB but I know people who work for him. Working class people like me and not one has a bad word to say about him. People need to start looking at themselves before they start throwing stones.
DOB and good name don’t go too well together in the same sentence. In Ireland he is associated with Lowery and that forever ruined his chances of ever having a good name.
Scannal uafásach, bhí mórphointe an ailt sin fíor is cosúil, bhain sé leas as Bird, is bheadh sin go mór chun a leasa féin.
Rather rude to reply in another language
Rude? Our language? Amadán!
Is deacair an bua a bheith agat in aghaidh fir móra gnó is cosúil.
I was just about to say something about Denis O’Brien when the memories of all the RTE staff came flooding back:
”Ah you can’t say that about Mr. O’Brien because he’s not here to defend himself. We’ll move onto the next topic.”
Tubridy, Pat Kenny etc. have done a fine job of stopping any truth from emerging on our beloved Denis!
Jesus I can see it now…. Dobby sitting opposite Tubby tomorrow peeling a poxy onion…..
Did not realise that TheJournal are responsible for any comments made here. That must be terrifying for them, they write and article, we all talk crap and they have to wade through it all. Nasty..
The comments are usually better than the story. That’s what makes the journal better than *** news and ******** news.
Love the journal..
Just noticed there is a reply button under every comment is that a new feature or a glitch?
Why not explain the circumstances and reasons comments are monitored/deleted/disabled in an article? Maybe it would make your jobs easier in the long term?
Not a bad idea, B. We’ll consider that!
I’m surprised The Journal allowed comments, normally they’re disabled for “Legal Reasons”
Don’t question it, congratulate them for their stance and encourage ppl not to say something that could change their stance?
That’s only for ongoing court proceedings. Doesn’t apply now that the case has concluded.
No they will just delete the comments they don’t like I don’t know what my comment was deleted, I said donate the money and it was a pr stunt why the delete
They’ve shut the comments down relating to Simon Coveney knowing about horse meat in products from Greencore….
Im with gavan on this one. I hate fg with an absolute passion. But on this one Simon coveneys doing a good job.
Sorry my comment came across wrong…
Is the journal turning into a rant zone about everything ??
O Brien won his case because a public jury decided he was libelled by a newspaper . Period . This is the system we have and they decided he won, the paper lost. It has nothing to do with golf, Simon Coveney or horses….
Great result from Denis O’Brien who has been vindicated with this action. This result couldn’t have gone against a nicer journalist either.
WestBrit media have an identity crisis as have the people who support them
Hi guys,
Apologies but the comments section will now be closed for a few hours until it can be moderated again (there have been quite a few on this thread that have had to be deleted).
Thanks for understanding,
Jennifer
When you know about the filth that were and still are involved in the construction gamble that broke this country in half, who are now living in hotels and luxury houses in Spain and getting paid by NAMA to come back to Ireland to sell their properties and claim five star expenses, having had their billions in pure gambling debt effectively forgiven, Denis O’Brien seems a saint in comparison.
Reality is, whatever happened in the Lowry affair, O’Brien has proven in the aftermatch that he is a capable business man of considerable ability.
Those involved in construction and development and bank lending in this country were incompetent dishonest imbeciles. We should be more rational about what and who we get angry about. I’m not whitewashing what the Lowry affair might have involved in the culture of the day, but it is a very small dirty deed compared to the moral crimes of the developers and the magnitude of how their ego, ignorance and arrogance have cost us a 40 billion burden. All of which was permitted, uncontrolled and encouraged by Fianna Fail.
All newspapers try and sell as many copies as possible irrespective of whether it is news, gossip, crime or scandal because that is what an awful lot people like to buy. That however does not give them the right to blacken any one’s name no matter who they are.
Like the person said above. 50K for the Bloody Sunday victims.
I’d imagine there’s a section somewhere that says something along the lines of… views expressed in the comments section are the opinion of the author and do not represent TheJournal in any way, shape or form.
If there isn’t, there bloody well should be! People should be allowed use the Internet for the free expression of opinions and ideas no? It’s not like the print media of yesteryear where they can selectively choose the “letters to the editor” section.
“With freedom comes responsibility”
Declan the Internet is privately owned. Freedom of expression, opinions is permitted and not guaranteed. Plus freedom of expression as the other person stated comes with responsibility and consequence. You just can’t make up stuff as the Mail found out.
I see a lot of comment flying around the journal accusing people of doing things with no proof what so ever. They are not deleted. In confused !
Ceart agat EOJ
150,000e …. Ha ha … Hillarious ..
Ah well at least Denis O Brien gets to keep HIS good name , That 150000 will go a long way in Haiti where he will become even more beloved and honoured , can’t be bad for business all the same, But then again this is just my opinion and I am not in business and as has been remarked on here before ”what do I know !”
Maybe he should have let the people of Haiti rot in the gutter so as not to offend your sensitivities.
Redress me by my proper name ya little bo!!ix…
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