Tag Archives: Stephen Golub

Stephen Golub: Slavery, Philly and 1984 in 2026

Park Service and Justice Department – Erasing select portions of our American history

The Benicia Herald, [Updated May 19, 2026],  by Stephen Golub 

Benicia resident and author Stephen Golub

Illuminating History

The Trump administration is engaged in a multipronged attempt to rewrite history. During a recent trip to Philadelphia, I visited one example of that effort’s egregious excesses.

Inaugurated in 2010, the central Philly “President’s House” is an open-air exhibition that documents George and Martha Washington’s roles as slaveholders. It’s situated where  our first First Couple lived, from 1790 to 1797. Though the abode itself is long gone, the site is anchored by an excavation of their home’s slave quarters.

In other words, America’s first “White House” housed slaves.

The exhibition’s informational panels, displays and videos movingly portray the context and cruelty of the Washingtons’ actions, including the lives of the nine persons considered their “property.”  A loophole-ridden Pennsylvania law ostensibly allowed slaves belonging to other states’ residents (such as the Washingtons, who were Virginians) to free themselves after six months in Pennsylvania. But this was easily evaded by “rotating” the enslaved out of the state, however briefly.

The site is not entirely negative. It describes Ben Franklin’s advocacy for abolition. In a bit more depth, it also tells the story of Oney Judge, Martha’s personal slave. As described elsewhere, she  escaped during a two-day “rotation” to Trenton, New Jersey. Judge made her way to live freely (and eventually pass away) in New Hampshire. George repeatedly but unsuccessfully sought to compel her return, including via a foiled kidnapping attempt in 1798.

All in all, then, the modest several-hundred-foot exhibition has educated visitors about an element of Washington’s identity and our history that typically is not taught in schools. Situated right next door to the Liberty Bell Center and surrounded by numerous other historical monuments, the President’s House serves as an illuminating counterpoint to those other  sites’ legitimately positive themes. As I heard one father explain to his ten(?)-year-old son, “Our country has done some bad things.”

More Bad Things…

Out of the blue, however, on January 22 the U.S. Park Service dismantled the site. Quickly challenged by a City of Philadelphia lawsuit, the Department of Justice contended that the exhibition “inappropriately disparage[d] Americans” as part of an effort to promote “corrosive ideology.”

In deciding the case, Federal Judge Cynthia M. Rufe strenuously disagreed. The George W. Bush appointee prefaced her decision to restore the exhibition by quoting George Orwell’s dystopian novel, 1984:

“All history was…scraped clean and reinscribed exactly as often as was necessary. In no case would it have been possible, once the deed was done, to prove that any falsification had taken place.”

As she further explained in her ruling, “It is not disputed that President Washington owned slaves…And yet, in its argument, the government claims it alone has the power to erase, alter, remove and hide historical accounts on taxpayer and local government-funded monuments within its control.”

Likening the Trump administration’s  argument to 1984, she continued, “The government here likewise asserts truth is no longer self-evident, but rather the property of the elected chief magistrate and his appointees and delegees, at his whim to be scraped clean, hidden, or overwritten… And why? Solely because, as Defendants [the government] state, it has the power.”

Judge Rufe accordingly ordered the reinstatement of the exhibition. But an April appeals court interim ruling froze that reinstatement about half-way through the process.

That’s where the matter stands, pending full consideration by that court. Supplemented by hand-made signs, the displays again enable some basic education about slavery and Washington’s roles in it. Those roles included signing the Fugitive Slave Act of 1793, which permitted slaveholders or their agents to cross state lines to capture escaped slaves, and his own attempts to use the law to seize Ona Judge.

Erasing History

The Trump administration’s planned, whitewashed (so to speak) replacement for the anti-slavery exhibition erases such facts or buries them in supposed context. It lavishes Washington with praise, while relegating his conduct to a few lines explaining  that he considered freeing his slaves, let them “explore the city” and otherwise treated them better than some other slaveholders. It also notes that Washington’s will provided for freeing his own slaves (though Martha’s remained in bondage); with the exception of one man’s wife and children, however, the text  is very vague about who was freed.

I’m by no means saying that we should deny Washington’s great contributions to our country by removing his name from schools and institutions or otherwise dishonoring him. He was a product of his time – though let’s bear in mind that, like Ben Franklin, many in his time in America and abroad opposed slavery. Regardless, in a sense we dishonor him by denying the truth about him; we certainly dishonor those enslaved by him and so many other people pummeled for their entire lives by slavery’s savagery.

The administration’s official efforts to cancel history involve far more than attempts to cover up aspects of such bondage. They certainly embrace recent history: We’re witnessing endless attempts by Trump and his sycophants to deny the 2020 presidential election results, with many such attempts geared toward manipulating the 2026 and 2028 contests. He’s pardoned the January 6 insurrectionists, painted them as heroes and even established a $1.776 billion federal fund that could feature compensation for them and other Trump allies who were supposedly “unjustly” targeted for prosecution by the Biden administration.

We’ve also seen Trump almost literally echo 1984’s “War is Peace” declaration with his claims that the Iran ceasefire is in effect even as missiles fly and people die

Nor am I asserting that America in 2026 is anywhere near Orwell’s 1984. But we do have  a president for whom the novel’s totalitarian catchphrases provide more of a model than an admonition:

War is Peace.

Ignorance is Strength.

Freedom is Slavery.


[Hat tip to Pat Loeb, a superb journalist (and old friend) who is currently City Hall Bureau Chief for KYW Newsradio in Philadelphia and who acquainted me with the President’s House exhibition and this evolving story.]


Benicia resident and author Stephen Golub, A Promised Land

Stephen Golub writes about democracy and politics, both in America and abroad, at A Promised Land: America as a Developing Country.

…and… here’s more Golub on the Benicia Independent

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Stephen Golub: Starting Over

Starting Over in Beautiful Benicia…

The Benicia Herald, May 10, 2026,  by Stephen Golub 

My Wife and I Starting Over in Benicia…

Benicia resident and author Stephen Golub

I keep a playlist of positive songs that lift me up when my state of mind or the state of the world has me down. The artists range from Jimmy Cliff to the Beatles to Pink to LeAnn Rimes to will.i.am to Sting. Many playlist items are Springsteen songs (“Land of Hope and Dreams,” “Waitin’ on a Sunny Day,” “The Rising”) or Tim McGraw tunes (“Hold On to It,” “Humble and Kind,” “Live Like You Were Dying”).

Lately, partly with Benicia in mind, I’ve played country star Chris Stapleton’s “Starting Over” a lot. More on that that song a minute.

When my wife and I moved to Benicia in 2019, our impetus to start over was the potential fires threatening our Oakland hills home. Decimated by the hills’ deadly 1991 firestorm, the area had rebuilt and regenerated since our moving  there in 2001. We were reluctant to leave our sweet life in Oakland, but the danger and disruptions remained: our almost evacuating twice in the middle of the night; frequent PG&E power cuts; many neighbors’ insurance policies canceled; highly flammable eucalyptus and pine groves; narrow streets making evacuation problematic; our worrying about what each fire season might bring.

So, after almost twenty terrific years there, on a lark we began looking for a new home in beautiful Benicia. We never looked back.

Did we get it right in assessing the Oakland fire threat so seriously? For the sake of everyone still in those hills – and in view of rising real estate values and fire mitigation efforts there – I actually hope we were wrong. But even if the move to Benicia was in that sense a mistake, it was the best mistake we ever made.

Our Fellow Benicians Starting Over…

Other folks have moved here in recent years for a range of reasons: job changes; launching a new business; post-Covid opportunities to work from home: living near family members; changed financial circumstances. Some native Benicians have moved back after years away. Many newcomers have come from other spots in the Bay Area. I’ve also met residents originally from New York, Kentucky, Canada and other distant locales.

We all know examples of great additions to the community; on our little block alone, we have three newish, youngish households, including a couple of kids. Two other folks who come to mind are Kenneth and Kevin, who a few years ago started Baxters on First Street. My wife and I ate there recently. We loved every aspect of the experience: a small but roomy dining room, appealing  ambiance, a great Old Fashioned drink, delicious Brussels sprouts, a smashing smash burger, succulent scallops and one of the best and cheesiest French onion soups I’ve ever had.*

In addition to replacing a troubled previous establishment with a charming one, what the two have done is add new dimensions to Benicia’s business and community scenes. They’re but one valuable example of new arrivals contributing to  our ever-evolving town.

Even if you were born and bred in Benicia, you’ve quite possibly also started over here in some ways. To start with, congratulations to the young families welcoming new arrivals. In a more somber vein, loved ones moving out or passing on can be a seismic shift. Or, if you’ve taken in a rescue dog, a stray cat or any new pet – and bless you for doing so! – that  new family member adds new dimensions to your life.

Benicia Starting Over…

Much more broadly, even as life goes on in Benicia, in a sense our town is starting over in the wake of the Valero refinery closing. I won’t relitigate that contentious issue here today; I’ll instead focus on moving forward.

That involves considering the hard work that the city’s elected and appointed officials are doing to close our  budget gap, including accessing the tens of millions of dollars of Bay Area Air District funds flowing from Valero fines. It also features various proposals to build a stable, brighter, cleaner future. You can access those ideas in several ways, including by signing up at the city’s website for City Manager Mario Giuliani’s weekly newsletter, reading it here in the Herald and attending or zooming in on City Council meetings.

Also, as lifelong Benician Giuliani has often said, let’s “Believe in Benicia.”

Which brings me back to Chris Stapleton. “Starting Over” is about a couple moving to a new life (as the lyrics go, “out on the coast”…maybe even Benicia?) But it applies to lots of us in our own ways and to Benicia as a whole…

This might not be an easy time
There’s rivers to cross and hills to climb
Some days we might fall apart
And some nights might feel cold and dark

But nobody wins, afraid of losing
And the hard roads are the ones worth choosing
Someday we’ll look back and smile
And know it was worth every mile…

I can be your lucky penny
You can be my four-leaf clover
Starting over

The song’s call to overcome obstacles amply applies to our wonderful town, this place where we’re so lucky to live. Benicia has a lot going for it, not least Benicians believing in ourselves. We’re in good shape to seize the opportunities that come with starting over.

[*Note: Starting later this month,  Baxters’ hours expand to include lunch on Wednesday, Thursday and Friday. It will thus be open Wednesday through Sunday from late morning to mid-evening, except for a 3-4 pm break. Please check the restaurant’s website and OpenTable for reservations and precise hours.]


Benicia resident and author Stephen Golub, A Promised Land

Stephen Golub writes about democracy and politics, both in America and abroad, at A Promised Land: America as a Developing Country.

…and… here’s more Golub on the Benicia Independent

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KQED: California’s Fuel Fears Threaten Benicia’s ‘Just Transition’ to Green Economy

The waterfront in Benicia on April 24, 2026. State leaders negotiated an agreement with Valero this year to use its idled Benicia facility to store and transport imported fuel, which brings little economic activity while freezing redevelopment plans. (Martin do Nascimento/KQED)

KQED NEWS, BY Julie Small, Apr 30, 2026

In the city of Benicia on the bank of the Carquinez Strait, the view has fundamentally changed: smoke, steam, and black soot no longer spiral from the stacks of the Valero refinery, which stopped refining crude oil in April. So why are residents holding their breath?

With the shuttering of the refinery, Benicia became the latest test case for California’s promise of a “just transition” from fossil fuels to renewable energy that protects workers’wages and livelihoods, invests in economically disadvantaged communities and reduces pollution impacts on the most vulnerable communities. Many Benicians are optimistic they have the assets and the know-how to succeed. But in a politically charged environment where gasoline prices are spiraling higher, California’s shifting interests threaten to delay any rebirth of the city.

State leaders negotiated an agreement with Valero this year to use its idled Benicia facility to store and transport imported fuel, which brings little economic activity while freezing redevelopment plans.

For more than half a century, Benicia’s economy and identity have depended on oil production. Valero’s 400-plus employees, a quarter of whom lived in town, spent some of their paychecks at First Street’s bars and restaurants, which also served hundreds more workers contracted for maintenance each year. Local businesses provided equipment, parts and services to Valero and must find a new market — or pivot to make a new product. Benicia businesses expect the ripple effects of the refinery closure to devastate livelihoods.

The closure was expected. California established its goal to completely phase out fossil fuels to combat global warming more than a decade ago. But Benicia is losing its largest taxpayer much sooner than the city can afford.

Valero’s refinery shutdown will cost Benicia an estimated $10.8 million annually in tax revenues, about 13% of the city’s general fund budget. The city manager reassured residents at a packed February town hall that they could still count on city services funded by $3 million in cash reserves. The city planned to sell water that Valero used, half the city’s supply, to other businesses, and applied for millions of dollars worth of community grants from the Bay Area Air District to sustain staff.

The Martinez Refining Company is seen across the Carquinez Strait from Benicia, on April 13, 2026, as regional refining operations face uncertainty amid California’s transition away from fossil fuels. (Gustavo Hernandez/KQED)

In the long term, Benecia’s leaders are banking on redevelopment of Valero’s 900 acres to bring new tax revenue and vitalize the local economy.

Nearly 500 of those acres were a buffer to mitigate risks of explosions, fires, emissions and other pollution. The land could be developed sooner than the land under the refinery itself, which state regulators expect could take ten years to clean up.

“I wanna see dismantling and movement into our future,” said Kari Birdseye, a Benicia city council member, “I’m not sure that’s the vision that the state has right now because of the precarious nature of our petroleum situation.”

California state leaders have primarily focused on stabilizing fuel supply and keeping gas prices from spiraling out of control.

On April 16, 2025, Valero announced it planned to idle, restructure, or cease refining operations in Benicia. This came six months after Phillips 66 declared its plans to stop refining in Wilmington, Los Angeles, by the year’s end.

At the time, these facilities comprised nearly 20% of California’s refining capacity. The closures threatened to push oil prices higher — a political and economic disaster in a state where gasoline historically costs $0.90 more per gallon than the national average, according to the U.S. Energy and Information Administration.

Gov. Gavin Newsom responded to Valero’s announcement with a letter dated April 21 to the California Energy Commission, directing the state agency responsible for sustaining fuel supply to “redouble its efforts” with “high-level immediate engagement, to help ensure that Californians continue to have access to a safe, affordable, and reliable supply of transportation fuels.”

A month later, Siva Gunda, vice chair of the energy commission, recommended easing regulations to increase fuel imports and local production. Many of the suggestions were enacted with the passage of SB 237 in September.

Environmentalists criticized the legislative changes as an oil industry wish list. They waived California’s requirement to switch to a lower emission fuel in summer months, exempted some oil and gas well permits from final environmental review, and paused penalties on excessive oil profits that lawmakers created to prevent price gouging.

None of the changes persuaded Valero to keep refining in Benicia. However, in January, the company agreed to import gasoline to meet its obligations to the state.

The Valero refinery in Benicia on Sept. 21, 2023. (Martin do Nascimento/KQED)

Benicia officials said they have not been in negotiations between the state and Valero. But Lauren Bird, the facilities general manager, told the Citizens’ Advisory Panel on April 17 that the refinery will import, store and transport gas and diesel for about two years, though it will no longer import jet fuel.

Using Valero’s facility for imports provides little economic benefit to Benicia and delays redevelopment of 900 acres of prime real estate.

“It basically eliminates our ability to have any new development on the property,” said Christina Gilpin-Hayes, a resident who serves on with the city’s planning commission. “Nobody’s gonna want it. Even the land that’s the buffer acres, nobody’s gonna want to develop there if [Valero] is still using it.”

An energy commission spokesperson could not discuss the talks due to industry confidentiality rules, but said in an email that the agency is working with Benicia and stakeholders on alternatives for the facility.

A mural depicting historic downtown Benicia is seen along First Street on April 28, 2026, in Benicia. (Gustavo Hernandez/KQED)

Some residents have called it a back-door deal and said they worry imported gasoline is a fire safety risk.

“What is the state gonna do for us given that they’re imposing this?” said Marilyn Bardet, a member of the community advisory panel, at the February town hall.

Gunda declined KQED’s request for an interview. But said at a state Senate committee hearing on Feb. 18 that much of the energy commission’s work in the last year was aimed at keeping gasoline costs from rising above $5 a gallon, which worked until the U.S. war with Iran pushed up prices globally.

Gunda urged lawmakers to turn to mitigating the economic impacts of refinery closures.

“These unplanned, disruptive closures could have incredible impacts on the workers and the communities,” Gunda said. “It’s really important … to make sure we have the policies in place to support the transition in a way that we protect Californians.”

“ I’d like to think that some of these strategies are forthcoming,” said Josh Sonnenfeld, a senior researcher at UC Berkeley Labor Center. “Given this is the sixth refinery closure or conversion [in six years], I think we need to pick up our pace here.”

Sonnenfeld previously worked for the Blue Green Alliance, which helped Contra Costa County mitigate the 2020 conversion of the Marathon Refinery to renewable diesel. That change cost 700 refinery workers well-paid union jobs. In response, state lawmakers established the Displaced Oil and Gas Workers Fund to help pay for training and job searches.

The Workforce Development Board of Solano County received $3 million from the fund last year to help laid-off Valero workers, and is offering up to $25,000 in grants to small businesses affected by the closure. Advocates have lobbied to extend and expand the fund, as its authorization sunsets in 2027.

Sonnefeld thinks California leaders should look to other states as examples. For instance, New York created a tax stabilization fund for refinery towns and cities to make up for the sudden loss of refinery dollars, while Michigan and Minnesota each established a community transition office.

“We haven’t set up that infrastructure yet in California around whose job is it to make sure that workers and communities are successfully transitioning,” Sonnenfeld said. “In California, we don’t want to acknowledge that they’re actually folks that are being hurt by the energy transition.”

A visitor walks along First Street near the waterfront on April 28, 2026, in Benicia. (Gustavo Hernandez/KQED)

Sonnenfeld said regional governments have shouldered more of the responsibility for mitigating the impact of refinery closures.

The Bay Area Air District launched a first-of-a-kind program this year where regulatory fines against polluters will be passed on to affected communities in the form of grants.

The air regulator issued $82 million in fines against Valero in 2024 for over a decade of excess emissions at the Benicia refinery, which will provide some $60 million in funding.

Benicia plans to seek up to $43 million of the grants, which are also open to local businesses. Applications are due in May, and the awards are expected to be announced in September. That’s the same month that Signature Development, the company Valero hired to manage the sale of refinery land, is expected to present plans to repurpose the property to the city council for approval.

The waterfront in Benicia on April 24, 2026. (Martin do Nascimento/KQED)

Until then, Benicia is on a white-knuckle transition trying to jumpstart a new, green economy without knowing when Valero will leave, or how long it will take to decontaminate and repurpose the refinery site.

The state legislature is considering a bill to help California’s eight remaining refinery towns plan better. SB 1259 would require refineries to plan for decommissioning and estimate the costs and timeline for cleaning up after a closure.

Birdseye said the legislation wouldn’t benefit Benicia.

“We’re in a very precarious moment,” Birdseye said. “ But I’m filled with hope because of what we have here.”

Kari Birdseye, a Benicia City Council member, stands overlooking Benicia’s marine oil terminal near the site of the Benicia Clocktower, on April 13, 2026, in Benicia, as the city prepares for the closure of the Valero refinery and the loss of roughly 10 percent of its annual tax revenue. (Gustavo Hernandez/KQED)

Birdseye said businesses have inquired about moving to Benicia for its central location between two interstate highways, with a rail line and port.

From the city’s old clock tower, Birdseye gestured to a berth below, where Valero had exported petroleum coke, a black dust that’s a refining byproduct and a health hazard. She said a federal agency, the Bureau of Ocean Energy Management, has identified the port as a possible supply chain and manufacturing site for the nascent offshore wind industry in California.

“We can put these large pieces of equipment on ships that go out the Golden Gate and either go down to the Port of Long Beach, Morro Bay or up to Humboldt, where they can be assembled into wind turbines,” Birdseye said. “That’s the perfect scenario for a just transition away from fossil fuels.”

On a recent afternoon at Benicia’s waterfront, resident Stephen Golub said one thing lost in the economic discussions about Valero’s departure is the gains in environmental and public health.

Stephen Golub, a Benicia resident, poses for a portrait along the waterfront on April 28, 2026, in Benicia. (Gustavo Hernandez/KQED)

“They were polluting our air again and again, sometimes secretly, sometimes more openly,” Golub said. “They were poisoning our politics by pouring massive funds into political campaigns.”

Golub said without a refinery, it’s easier to enjoy all that Benicia has to offer, including 28 public parks, stable political leadership, a vibrant art scene, good schools and safe streets.

“Down the line, maybe 10 or 20 years, people will talk about this thriving community with all it has to offer, and they’ll say, ‘Hey, did you know that there was once a refinery here?’” Golub said.“I really think that’s what’s in the city’s future.”


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Benician Stephen Golub: Pardon Me

Stranger Than Fiction

[sta_anchor id=”top” /]A Promised Land, by Stephen Golub, December 6, 2025

The story could inspire a big-budget Hollywood political thriller. A cocaine kingpin – the corrupt president of a foreign country, no less – is convicted and jailed in the United States. But behind the scenes, right-wing tech billionaires persuade an equally corrupt American president to pardon the foreigner. In a violent side-story, the US president proudly orders illegal, lethal military attacks that kill scores of impoverished Venezuelan fishing villagers (some of whom may be small-scale traffickers) whose coke isn’t even destined for our shores and whose possible crimes pale in comparison with the kingpin’s.

In the hypothetical Hollywood version of this story, the truth comes out, the former president goes back to prison and his American counterpart resigns in shame.

In 2025, however, there is no shame and reality is stranger than fiction. Donald Trump publicly boasted of his planed pardon for former Honduran president Juan Orlando Hernández before then granting it. Lost in the swirl of Trump’s other transgressions, the story disappeared from the headlines soon after first surfacing.

The element of the hypothetical Hollywood version that hasn’t yet been proven in real life is the tech billionaires’ involvement. But, as reported in Mother Jones magazine,  their backing for both Trump and VP JD Vance on the one hand and their proposed, Hernandez-backed state-within-a-state in Honduras on the other surely looks suspicious.

Even though in normal times such a story would be the stuff of massive scandal, it’s now business as usual when it comes to Trump’s pardons (not to mention so much else). And given that we’re now almost a decade into Trump’s reign of political terror, we must ask what’s normal anymore.

But Wait! There’s Much More…

As horrid as it is, the Hernandez story is just the tip of the iceberg when it comes to Trump’s abuse of the presidential pardon power. It’s true that certain of his predecessors have also milked that constitutionally granted capacity for personal or political benefit. Bill Clinton’s 2001 pardon of disgraced financier Marc Rich, apparently in return for donations to the Clinton Library and the Democratic Party, is a case in point. But neither Clinton nor anyone else comes close to the breadth and depth of what Trump has done.

Trump established his exploitation of pardons at the very start of his presidency. As summarized by an excellent post by attorney Kim Wehle at The Unpopulist site, “One of his first acts on returning to office was to issue pardons to hundreds of rioters from the Jan. 6, 2021, insurrection at the U.S. Capitol, including those who had viciously assaulted police officers.”  As Wehle further explains:

“It should be no surprise that some of these rioters, having been pardoned for one act of political violence, keep on plotting new acts of political violence. In February, Proud Boys leader Enrique Tarrio was arrested at the Capitol (again) for assaulting a protester. In July, Edward Kelley, who was “the fourth person to unlawfully enter the Capitol building at the forefront of the mob” and attack an officer, was convicted for a new plot to assassinate “36 individual federal, state, and local law enforcement personnel” whom he blamed for his arrest on the Capitol riot charges. Christopher Moynihan was arrested in October for planning to assassinate House Minority Leader Hakeem Jeffries.”

In an equally valuable post at the same site, author Robert Tracinski summarizes  some of Trump’s many egregious 2025 pardons:

“…from a corrupt sheriff convicted in a “cash for badges” scheme, to disgraced former Congressman George Santos, who may have diverted election funds to support his lavish lifestyle but “was 100% for Trump,” to the healthcare fraud conviction of the husband of Republican Congresswoman Diana Harshbarger, a Trump ally…

“Trump pardoned an executive convicted of tax fraud after the executive’s mother gave $1 million at a Trump fundraiser. The judge who sentenced him said: “there is not a ‘get out of jail free’ card for the rich.” Under Trump, there is…

“In October, he pardoned cryptocurrency fraudster Changpeng Zhao after Zhao’s company, Binance, made a deal to boost World Liberty Financial, the Trump family crypto venture.”

Legitimizing the Rule of Lawlessness

Ironically, however, the most significant pardon we’ve seen recently has not been issued by Trump, but in effect  for Trump, by the Supreme Court. Though not literally a pardon, Wehle addresses the Court’s action quite well:

“Since the U.S. Supreme Court’s unconscionable [2024] decision in Trump v. United States, the so-called immunity ruling that essentially sanctioned American presidents using official power to commit crimes without any penalty, the legal perversions coming out of the White House have been legion. So far, Donald Trump’s actions, along with the Supreme Court’s endorsement of them, have effectively kneecapped the FirstFourth, and Fifth Amendments, the AppointmentsSpending, and Emoluments Clauses, the 14th Amendment’s ban on holding office after having engaged in insurrection, Article I’s vesting of legislative power in Congress, and Congress’s power to lay and collect tariffs. Trump is acting this way because he no longer has any incentive not to.

“In that immunity ruling, a 6-3 majority held that the exercise of “core” powers under Article II of the Constitution is absolutely immune from legal oversight, even if used criminally, and that lesser “official actions” are presumptively immune unless prosecutors can show that criminally confining a presidential act would pose no “dangers on the authority and functions of the Executive Branch.”

In other words, this was Trump’s own get-out-of-jail-free card, including for corruptly influenced pardons since they’re within the presidency’s “core” powers.

We’re accustomed to thinking that no one is above the law, at least in principle and hopefully in fact. The Supreme Court decided the opposite.

Of course, the immediate and history-shattering  benefit of the Court’s egregious ruling wasn’t for President Trump in 2025 but for Indicted Trump in 2024: the decision so delayed and constrained Special Counsel Jack Smith’s prosecution of Trump for his attempts to overturn the 2020 election that Smith dropped the charges after Trump’s 2024 electoral victory.

A Larger Problem

An even larger problem we face, however, isn’t Trump’s legal transgressions but the fact that they apparently don’t dent his political and moral standing for large parts of the public. Yes, his approval numbers are dropping to about 40 percent  or less in most surveys. And yes, the prospects of his suffering more political reversals are rising. This is evinced by everything from far-right-wing Majorie Taylor Greene’s declarations of independence to the Democrats’ increasing prospects for retaking the House of Representatives next year to  the possibility of yet more sordid Jeffery Epstein revelations soiling Trump’s brand even among supporters.

But whatever happened to someone simply paying a penalty for  cheating and lying, not least by blatantly exploiting a presidential power to pardon political and financial allies? Like so many of Trump’s disruptions, this is all going on in plain sight and is in effect pardoned, so to speak, by much of the public.

And while we certainly can understand folks prioritizing the damages he’s doing to our pocketbooks in assessing him, it doesn’t seem like his consistently egregious self-dealing makes much  of a difference in his standing. It’s just another day at the Oval Office.

So, with great respect for everyone who’s fighting for democracy, national security and the rule of law, or who dread the crisis even as they simply try to get by during these tough times, certain words may sum up how history will judge many other Americans who condone or endorse what Trump is doing:

Really regrettable.

Perhaps understandable.

Or, just maybe, unpardonable.


Benicia resident and author Stephen Golub, A Promised Land

[sta_anchor id=”below” /]Stephen Golub writes about democracy and politics, both in America and abroad, at A Promised Land: America as a Developing Country.

…and… here’s more Golub on the Benicia Independent

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