Fixing a Mistake to Restore Due Process

I have made many mistakes in my life, some large and egregious others minor and inconsequential. Large or small, the best thing that I could do after making a mistake was to admit it and then do my best to correct it. Fortunately, most of my failings were such that I could immediately apply a remedy. A few, that I’d rather not detail, were of such a nature that I could not repair the wrong. Such is not the case with the U.S. government and Abrego Garcia.

Scooped up in an aggressive ICE raid, Abrego Garcia was improperly deported to El Salvador. The Trump administration admits the mistake, citing an administrative error, yet they refuse to take the steps necessary to rectify their mistake, even in the face of a Supreme Court requirement. They have even used the fig-leaf of getting the president of El Salvador to publicly refuse as their most current reason. Such a callus refusal to observe due process and right and obvious wrong ought to sound the klaxon in the hearts, minds, and souls of Americans.

Garcia arrived on our shores seeking refuge from the criminal gang life in his home country and was granted protected status by our government. For that same government to refuse to correct an administrative error, leaving him incarcerated on foreign soil strikes at the foundational structures of freedom, due process, checks and balances. What is to keep the executive branch from denying me due process should they make a mistake?  I understand the reluctance to correct an error. I do not enjoy admitting that I’m wrong; however, adult behavior requires it when I make a mistake. For the current administration to simply ignore another branch of government is unacceptable, no matter which party one belongs to.

All of us should clamor for the immediate return of Mr. Garcia. If we fail to register our displeasure at this, we fail to help the most helpless in their time of extreme need. We all have much at stake in this issue. How can we stand for freedom if we continue to allow our government to sweep up individuals and deport them to incarceration based on flimsy evidence and no chance to plead their case or have appropriate representation? Much of the evidence used is grounded on tattoos and in the case of Mr. Garcia an assumed connection based on an incorrect identification of his location. Despite all of this and a Supreme Court requirement to facilitate his return, the administration refuses to return him and afford him the due process required by our legal system.

Due process is a critical component of our legal system. It is the mechanism which protects individuals from incorrect prosecution and incarceration. Though it takes time and effort, it keeps us from wrongly punishing individuals, citizens and aliens alike. The current administration seems bent on ignoring due process. Those of us who claim the name of Christ must cry out. Scripture reminds us of how the Lord looks at this issue:

33 “When a stranger sojourns with you in your land, you shall not do him wrong. 34 You shall treat the stranger who sojourns with you as the native among you, and you shall love him as yourself, for you were strangers in the land of Egypt: I am the Lord your God. Leviticus 19:33-34 English Standard Version

Our brutal treatment of these individuals does not reflect our commitment to law, order, justice, and protection of the weak. We need to reaffirm our commitment to these foundational concepts. These are the things that make a nation great; not the heartless exercise of power and might. We need to revisit the Sonnet by Emma Lazarus found on the Statue of Liberty:

Not like the brazen giant of Greek fame, 

With conquering limbs astride from land to land;

Here at our sea-washed, sunset gates shall stand

A mighty woman with a torch, whose flame

Is the imprisoned lightning, and her name

Mother of Exiles. From her beacon-hand

Glows world-wide welcome; her mild eyes command

The air-bridged harbor that twin cities frame.

"Keep, ancient lands, your storied pomp!" cries she

With silent lips. "Give me your tired, your poor,

Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tost to me,

I lift my lamp beside the golden door!"

 “…Everyone to whom much was given, of him much will be required, and from him to whom they entrusted much, they will demand the more.” Jesus of Nazareth in Luke 12:48b

As a shavetail lieutenant, my position required that I secure a Top-Secret clearance. As I have a somewhat colorful past, I was concerned about making it through the investigation process. But since I told them the truth up front, they were not surprised when they came across the random skeleton or two…or three. I was quite excited when I was finally allowed behind the “green-door." After reading about a million pages explaining how to handle classified material, including a large section devoted to the penalties of divulging national secrets, I signed on several dotted lines and was granted access. 

        What a let-down. I expected more exiting information. But hey, I was just a Second-Lieutenant and in the Army you start small. As my career progressed, I gained more responsibility and earned more trust, and the stakes grew higher and the information much more sensitive. I also learned a great deal about the systems we use to keep our secrets and why they are so important. Eventually towards the end of my career, I worked at very high levels requiring detailed excursions into my background to ensure that I was indeed trustworthy. To whom much is given, much is required. That is why the recent leak and ensuing chaos grieves me so.

This failure reveals significant problems within the current administration. When we circumvent the clearance granting system and the associated investigations, we assume great risk. This failure reveals three problem areas.

First, when we hire inexperienced and untrained individuals, they often make mistakes. As an inexperienced lieutenant, I had no idea about the complexity of how we gather, investigate, protect, and exploit sensitive information. Understanding how the various levels of classification interact and the human, physical, and automated systems we use to both disseminate and protect sensitive information takes time. Individuals with no experience must willingly take the time to learn how all this works, and accept the guidance of more experienced individuals.

Second, when we grant prideful individuals access, we assume great risk. Hubris leads individuals to believe that they know better. Our current cultural milieu tends to disdain education and experience. Large swaths of our society disregard not only those with more training and experience but the process of gaining knowledge and understanding. Disrespect for the systems, processes, and procedures leads to taking shortcuts and inevitable mistakes. In the realm of national defense and shortcuts and mistakes lead to lost opportunities and lives. An enemy just knowing that we know puts lives in peril. In this arena, we must take long-term goals and objectives into account.

  Third, people in leadership must act responsibly. If our overarching objective is to tear down and destroy without a clear picture of what the new looks like, then we often ruin things that we truly want to keep. Reductions in force may be a necessary and laudable goal, but great responsibility requires the ability to manage a variety of often competing requirements. Understanding this and making appropriate and responsible decisions takes intellectual and emotional maturity; traits normally born out of long experience.  Those who are simply infatuated with the exercise of power often take steps or shortcuts which do not serve our nation well. 

This world is a dangerous and complicated place. Understanding how to best use and leverage our enormous power takes great wisdom. Simply swaggering around and assuming that you know better because of a title granted not from experience, but from political expedience, does not serve the nation well. A myopic viewpoint which acts without careful consideration misses opportunities and frequently embraces vulnerabilities through impetuousness. Those in positions of power and leadership must forgo arrogant belligerence and assuming that they know better simply because they express disdain for those and what came before. Positions of great responsibility and power require teachable leaders equipped with wisdom and patience. Positions, such as the Secretary of Defense, require much more than simple fealty to the president and a desire to raze things to the ground. We need thoughtful men and women who not only seek to implement the President’s agenda but also keep the nation’s safety in mind. 

Checks and Balances

“He who saves his country does not violate any Law,” President Trump on X

I enlisted in the Army as a private in February of 1981. I brought with me a rather romanticized idea of what life as a soldier would be like. Soon reality dashed a bucket of cold water on my ardor. I often chafed under what I felt was poor leadership. In my self-centered worldview, I thought I could do a better job. Eventually, I was able to earn my commission and entered the Army at the exalted rank of Second Lieutenant. Soon I ran into what seemed like a sea of command, regulatory, and administrative checks on what I wanted to do. But I soon realized that they were there for a reason. As an officer, I enjoyed significant power over those of lessor rank, a power that was easily abused. The checks on my power existed to ensure that I properly used the power given to me. Over time I progressed in rank, enjoying more power but also better understanding the checks and balances levied upon me. Our Constitution provides checks and balances to protect the weaker from the whims of the more powerful.

Those who framed our foundational documents intimately understood the perils of unbridled power, having lived under a monarch. They set up our government with a system of checks and balances to ensure that the stronger did not run over the weaker. While these checks and balances make our government frustratingly slow and cumbersome at times, they ensure that those entrusted with power do not use that power in harmful or selfish ways. The executive, legislative, and judicial branch all have roles to play in ensuring that all citizens enjoy the “the Blessings of Liberty.” As much as they frustrate, leaders must respect the constraints of the checks and balances system.

"Judges aren't allowed to control the executive's legitimate power," Vice-President Vance on X

  We have a legal system to determine whether an official is exercising their power appropriately. As an officer in the Army, I was required to justify my actions legally to the Judge Advocate General, the Inspector General, and to Congress. Fortunately for me, almost always I was vindicated after an appropriate investigation. I never enjoyed the process but submitted. Over the years I have watched senior leaders grapple with the system.

Presidents of both parties have found the checks and balances system onerous; however, they have come to terms with it. They fumed and sought out ways to make the system work in their favor. Sometimes they succeeded and at other times they failed. But in the end, recognizing the benefits of the system, and they complied. Now we have a president and supporting administration who seem inclined to just ignore the system. Additionally, it appears that they are considering trying to impeach justices that do not agree with them.

“There needs to be an immediate wave of judicial impeachments, not just one,” Mr. Musk on X

The checks and balances system was created for such a time as this. As a nation which respects the rule of law, we should not seek to discard those with whom we disagree. Disagreement is not illegal. Our governmental system works well, those who enjoy positions of responsibility must respect our system and work within its confines. To do otherwise damages one of the pillars that supports our society, respect for the rule of law, and the benefits such respect brings. The wheels of justice grind exceedingly slow and exceedingly fine…on purpose. 

What Makes a Nation Great?

Nobody wants to be second rate. As a longtime fan of the Dallas Cowboys, I’ve learned to swallow my pride. I still wear my Cowboys hat, you know the one with star on it, but I take quite a bit of ribbing from my friends here in New Mexico. Since it is just a sports team, I do not lose sleep over their second-rate status; however, other things are more important. During the 2016 presidential campaign red “Make America Great Again” hats entered the national cultural landscape. Since then, I’ve spent a lot of time thinking about what makes a nation great.

Some would argue that military might makes a nation great. As a professional soldier of over twenty-five years, that appeals to me. After all, I spent a great portion of my adult professional life doing my best to ensure our Army was the best. Yet, I hesitate to say that a strong military makes a nation great. There are other things to consider.

Some cite industrial strength or Gross-Domestic-Product (GDP) as the hallmark of a great nation. Again, there is a certain appeal to this measure. After all, our ability to make and sell things helps secure a decent standard of living…one hopes. Our nation, with its abundant natural resources and strong well educated labor pool, can make good things and make them in abundance. But GDP does not fully capture a nation’s greatness; perhaps, we should consider science.

Again, a nation’s ability to expand our understanding of our globe, how we interact with it, and how we understand the universe beyond and inside does not fully identify greatness. While scientific prowess certainly is important, legions of men and women in lab-coats do not necessarily signify a great nation. After all, there have been a variety of nations which truly expanded our understanding of the universe, but did not achieve greatness. Does cultural achievement accrue to national greatness?

For centuries, France and other European countries dominated the world cultural scene. All the good culture sprang from Europe. Rightly or wrongly, eventually the U.S. supplanted Europe. Hollywood, New York, and other locals in the U.S. developed into cultural centers for arts of all types. While excellence in the arts makes our lives richer, if everyone can enjoy or participate, I’m not convinced that cultural eminence makes a nation great. What about governmental efficiency?

Governmental efficiency is a good thing. As someone who spent a significant amount of time in government, I like governmental efficiency. It makes things work smoothly and on time. It can also save money. But does it elevate a nation to greatness? Does a devotion to finding the most efficient way to complete a task lead us to greatness in any field? After all, sometimes elevating efficiency results in individuals being crushed or consumed in the process. So, what makes a nation great?

Empathy, our ability to feel another’s pain certainly helps make a nation great. When we have the emotional maturity to put ourselves in someone else’s shoes we tend to develop practices and procedures that help instead of harm. Closely related to empathy is sympathy, the ability to feel sorrow for someone else’s misfortune. Again, when we sympathize, we work towards helping others instead of looking the other way when we see misfortunate ones. These things take courage.

Courage is another trait of great nations. We must have courage to take the risk to do great things. Courage requires that we assume risk. Courage also requires that we take the long view and willingly labor for a goal that others will enjoy. Courage demands that we fully understand and embrace our moral center, even when others decry it. A community of courageous men and women build great nations.

Great nations foster a sense of community. They build ties that reduce the feelings of otherness. Small nations, led by small people, confuse community with conformity. Community does not require sameness. A strong sense of community springs from shared values and goals, a sense of working together to bring everyone along and leave no one behind. Like shared values, great nations enjoy shared morals.

A group of shared moral values need not descend into some sort of legalistically enforceable code. A nation does not need a shared faith to share moral values. Everyone supports such universal values as honesty, integrity, compassion, hard-work, justice, respect, and trustworthiness. Of course there are others, but virtually all of us can agree with this list. Shared moral values help a nation work together, building a sense of community, and finding common ground to work together. As an extension of moral values, great nations take care of the weakest members of society.

Great nations recognize and protect the most vulnerable of their citizenry. Those existing on the margins of a society need the most protection. Those of us with wealth and power do not exist in a state of fear. This sense of well-being helps us to achieve our true and full potential. Great nations extend protections to the weak, knowing that the powerful often ignore or run over the weak in their race to accrue more wealth and power. These protections stem from an innate cultural compassion and often lead to some of the greatest advances in other areas when those marginalized find the avenues to reach their full potential.

Interestingly the traits that make a nation great are character traits. Just as with people, it is not our cash reserves, gleaming cities, powerful military, or other physical things that make a nation great. It is our ability to live into the things that make people great that elevate us to great nation status. The nature of our character as a people makes us great. When our national character embodies the traits captured in our foundational documents, The Declaration of Independence, The Preamble of the Constitution, Lincoln’s Second Inaugural Address, Martin Luther King Jr’s I have a Dream Speech, and others, we will approach greatness as a nation, as a civilization, and as a people. 

Friends and Neighbors

Blessed are they who have the gift of making friends, for it is one of God’s best gifts. It involves many things, but above all, the power of going out of one’s self and appreciating whatever is noble and loving in another. Thomas Hughes

During twenty-seven years in the Army, I served in many different assignments with our allies. These included: Canada, Great Britian, Australia, Germany, Italy, France, Switzerland, Japan, Mexico, Brazil, Colombia, Honduras, Nicaragua, Lithuania, Poland, and others that I’ve certainly forgotten. I was almost always impressed with the soldiers from other nations. In fact, I can only think of one officer that did not impress me. He was lazy as the day is long. Once another officer remarked that if we were to throw him over the wall of the FOB, it would hurt Al Queda more than his work did; but, his hard charging and highly professional sergeant more than made up for any perceived deficits. These men and women made significant contributions to the success of our assigned missions, sometime at great peril. In my last assignment. I worked in USARNORTH (U.S. Army North) the Army component command of NORAD/NORTHCOM. In this command I worked closely with Canadians as part of our unified command in defense of North America. Again, I always felt like the Canadians not only sent their best, but they also shouldered significant burdens as part of our defense.

To hear President Trump say that he thinks we should make Canada our fifty-first state, or that he wants to crush them economically offends and saddens me. When I taught geography and history, I always enjoyed pointing out to my students that our border with Canada was the worlds longest unguarded border in the world. Ours is a common and peaceful border shared between good neighbors, friends and in many cases, family. I also proudly shared with my students the fact that portions of my family tree were Maple, complete with bright red leaves in the fall. I take great comfort in the fact that I have friends who hail from Canada.

In this convoluted intertwined and often chaotic and dangerous world, we need friends. Despite our wealth and associated power, we cannot go it alone. We need good strong friends, especially these days. We do not need any more enemies. There are enough who wish us ill will, we need not manufacture any more. We need to strengthen the ties that bind us, not weaken them. As the old bard says, 

Those friends thou has, and their adoption tried,

Grapple them to thy soul with hoops of steel.

William Shakespeare

We need to take actions that build up, not tear down. Sometimes we need to take the long view, and understand that in true friendship is one sometimes gives and sacrifices. True friendship is not a transactional, or a quid-pro-quo, relationship. Interestingly, in one assignment where I worked with diplomats from various nations, one of them told me that American diplomats took actions that they believed would bear fruit in fifty years, and diplomats from Great Britian took actions they believed would bear fruit in one-hundred or more years! In friendships, one must deal honorably and kindly. After all, Jesus the great teacher once said, 31 And as you wish that others would do to you, do so to them. Luke 6:31 English Standard Version So we should take a more measured approach with our great friends to the North. We should not disparage and insult them.

To my friends who would say that it is just rhetoric, I would point out that divisive derogatory words tear down, not build up. We need to strengthen the ties that bind us together, not erode them with corrosive speech. To my friends who might criticize me for taking a dim view of the actions of part of my country, I would point out that sometimes we make mistakes as a nation, and we must be big enough to own up to them and alter our course. Sometimes friendship brings benefits that are not measured by dollars in an accountant’s ledger. 

The Right Words

Recently a friend posted an essay on Facebook which started, “All my friends who hate President Trump read this.” This is not unusual. A few months ago, other friends were posting things that said, “All my friends who hate Vice President Kamala read this.” Unfortunately, this seems to be de  rigueur in speech these days. We’ve all seen people say that someone who disagrees with them should be taken out and hung, and that someone who takes issue with a governmental policy should leave the country. This kind of speech is not limited to one party. People on either end of the political spectrum, or in the middle, say such things. We seem given to polemic speech, and I’m not sure why. I find this disheartening, especially when I see people who I know consider themselves Christians posting such things. The following scripture comes to mind:

6 Let your speech always be gracious, seasoned with salt, so that you may know how you ought to answer each person. Colossians 4:6 English Standard Version

I know that some of my friends who are not Christians may raise an eyebrow at this, so perhaps we can also consider the following quote:

But hushed be every thought that springs

        From out the bitterness of things.

William Wordsworth

Or perhaps this one that is a bit older:

He can never speak well who knows not how to hold his peace. Plutarch

When we engage in such invective speech, we only gratify ourselves. Our diatribe falls on stone ears. For example, if I’m not a supporter of President Trump and a friend posts something that starts, “All my friends who hate President Trump read this,” I’m probably not going to read it. After all, even if I do not support him, I do not hate him. The word hate is a very strong word. Merriam-Webster defines hate as: intense hostility and aversion usually deriving from fear, anger, or sense of injury or extreme dislike or disgust : antipathy, loathing. Truthfully, I do not know any politicians well enough to hate them. I may disagree with their policies, but hatred requires a certain level of intimacy that we will not reach. Such language shuts doors. If I see that kind of post, I do not read it because I know that I don’t feel that emotion towards the person talked about. Hate is a penultimate emotion, similar to loath. Yet, we throw it around as if it was as common as putting on your socks. The casual use of the word hate builds walls, closes doors, and demeans meaningful conversation. When we accuse each other of hatred, we make it very hard to engage in constructive dialogue. We should eschew recklessly flinging hate-stones at each other. We should also avoid making disagreement something more than it is.

Disagreeing with something our government does is not being traitorous or a sign that one should decamp to a new country. Along with belligerent speech we’ve embraced the idea that we all must think the same way. I often see people accusing someone who thinks differently of being disloyal or worse. Christy, my wife of forty years, and I disagree on various things; some as simple as what to eat and some difficult thorny theological issues. Yet in those forty years, I’ve never slept on the couch. Long ago we learned that we do not have to agree on everything to enjoy a deep meaningful relationship. Disagreement does not necessarily sever all ties. There have been times in which listening to each other moderated or even changed our opinions. As a nation, we need to develop the emotional and mental ability to listen carefully to what someone says.  When we listen, truly listen, we show honor and respect to the person speaking…or writing…or posting. We need not fear someone who disagrees with us.

12 For we do not wrestle against flesh and blood, but against the rulers, against the authorities, against the cosmic powers over this present darkness, against the spiritual forces of evil in the heavenly places. Ephesians 6:12

As President Franklin Roosevelt said in his inauguration speech in 1933:

So, first of all, let me assert my firm belief that the only thing we have to fear is … fear itself — nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance.

It is interesting to note that Roosevelt tapped into a long line of thinkers, Montaigne, Bacon, and others who identified fear as the significant problem. We can also look at the old bard who said it this way:

Suspicion always haunts the guilty mind;

The thief doth fear each bush an officer.

William Shakespeare

Fear makes us small, timid individuals who lash out at every perceived wrong or slight. We need to be bigger individuals; men and women who understand the real problems that stalk our nation and civilization. Fear, prejudice, ignorance, and greed stand as the root of the ills that plague us. There are others, but I’d rather not get too metaphysical in this essay. We desperately need to listen more to each other. Perhaps then, we might find that we’re much more like the other side than we realize. We might also find solutions to the various challenges we face. 

Character Counts and Truth Matters

There is an old adage in the Army which goes, “A unit assumes the character traits of its commander,” and this is true. During my time in the service, I served under many commanders; some good, some bad, and some indifferent. Though most enjoy the privilege of command, some officers do not make the cut. Their character and actions render them untrustworthy. While there are multiple facets that go into the screening process, one of the most common failures is an inability to tell the truth. This shows up in a variety of ways; but, at the core lies a fearfulness which leads one to obfuscate or prevaricate. The Army does not want an officer with significant character flaws influencing their command. As time passes, a commander exerts tremendous influence on their subordinates. From one degree to another, subordinates emulate their commander. I’ve worked for commanding officers who exemplified the highest standards of character and professionalism. Their units soon took on those excellent character traits. I had a sterling commander replaced by a mean-spirited churlish officer who viewed the command as a stepping stool for bigger and better things. Inexorably the battalion changed, becoming a dark and dangerous place to work, a place where officers, NCOs, and soldiers frequently turned on each other to gain some sort of advantage. This is why character counts and truth matters.

Our duly elected president is not a man of high character. I know that some will use the moral-equivalency argument to dismiss this; but, to do so is disingenuous. Yes, we are all failed individuals. None of us are perfect; but, some of us have a higher quality of character than others. We use the moral-equivalency argument as a mere fig-leaf designed to avoid having to account for character flaws. The failures of past individuals in power is no excuse to accept current failure. No matter how you measure, President Trump does not set the example of a man of high moral fiber. One of his most glaring failures is his mendacity. This is not some sort of stress-induced failure. His public life is littered with fabrication and lies. And while we all fail at one time or another, his public utterances are a continual stream of falsehoods. If I was still in the Army and he was a subordinate, I could not in good conscience assign him a position of authority due to his deceitfulness. Yet, here we are with him as our president, influencing the executive branch remaking it in his own image.

Those in his cabinet, and other high-ranking departmental officials, must agree to his continual lie that he won the election in 2020, despite all the evidence to the contrary. They must embrace this untruth to serve. Consequently, we have an entire cabinet and many other high-ranking officials who are untethered to the truth. This mendacity renders any communications from the executive branch suspect. How can I trust them when they had to promulgate a lie just to get the job. I must view anything that they say with suspicion, even when they say or do something that I agree with. This outrageous behavior continues.

Most recently the President, his spokesman, and staff blame the Ukraine for causing the invasion by Russia. This blatant lie has reverberated around the globe, shocking and angering. Eager to secure the President’s goodwill, many in the blogosphere have engaged in a wide variety of machinations in order to support this fabrication. Whatever the geopolitical cause, Russia did invade the Ukraine and to say otherwise only further erodes trust and confidence in our governmental institutions. Despite the passage of time, character and the ability to handle the truth remain foundational traits for a leader. We must call on leaders at all levels to strengthen their character and cleave unto the truth. If we fail to do so, we will live with chaos, and it will continue until we demand better behavior from our leaders.