It is not every day that a former student and now good friend gets engaged at the White House, but, on December 13, 2022, Rod popped the question to his partner of eight years, Alex, at the White House signing ceremony for the Respect for Marriage Act. It was great to see their tweet (of course a tweet) and then to read the Religion News Service story about their engagement.   

For me, a member of the LGBTQ+ community, the day had double significance—not only did good friends become engaged, but now a federal statute requires states to recognize same-sex and interracial marriages. The act also invalidates the Defense of Marriage Act which had defined marriage as between “one man, one woman” and had permitted states to not recognize same-sex marriages performed in other states. Passage of the act was a positive note to end 2022. 

And yet, many challenges remain in 2023. Despite the Respect for Marriage Act, should the Supreme Court overturn its Obergefell v. Hodges decision (2015) that established a federal constitutional right to marry someone of the same sex, then that right would be in question in 35 states that have either a state statute, a state constitutional amendment or both prohibiting same sex marriages. The Obergefell decision, decided by only a 5-4 majority, was authored by Justice Kennedy whose seat now is filled by Justice Gorsuch. There is at least one justice who thinks the Court should revisit Obergefell, namely Justice Thomas, who said as much in his concurrence in the Dobbs v. Jackson Women’s Health Organization decision which overturned the fifty-year precedent of Roe v. Wade.

The Court remains a focus for other reasons. The very same week that the House passed the final version of the Respect for Marriage Act the Court heard arguments in 303 Creative v. Elenis in which a Colorado web designer and evangelical Christian who does not support same sex marriage is arguing that she should not be required to design a wedding website for same sex couples because to do so would violate her freedom of speech. Colorado law prohibits businesses from discriminating against LGBTQ+ persons. Court observers predict that the conservative majority will side with the web designer.

And then there is the wave of state legislation and local school regulations targeting the rights of transgender and nonbinary persons.  A Washington Post article noted that in 2022 more anti-transgender laws were proposed than in any other year, laws which would limit participation on school sports teams to use of bathrooms to gender-affirming medical care.

Maryland, however, continues to protect its transgender and non-binary youth. In February 2022, the House of Delegates Ways and Means Committee unfavorably reported out HB 757 also known as the “Save Women’s Sports Act”  which would have barred transgender youth from participating on sports teams that reflected their gender identity and not their biological sex.

In May, our state enacted a law which requires private schools that receive state aid to not discriminate against students based on “race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability.” 

Even more sobering than laws that target trans and non-binary youth is the rate of suicide among LGBTQ+ youth. Just three days after the Respect for Marriage Act was signed Henry Berg-Bousseau, the 24-year-old, transgender son of Dr. Karen Berg, a Kentucky state senator , committed suicide. Henry had been  a deputy press secretary for the Human Rights Campaign, an LGBT+ advocacy group. According to The Trevor Project’s 2022 National Survey on LGBTQ Youth Mental Health, “45% of LGBTQ youth considered attempting suicide in the past year” and “fewer than 1 in 3 transgender and nonbinary youth found their home to be gender-affirming.” 

And the violence against the LGBTQ+ community continues. Right-wing militia groups, such as the Patriot Front, have targeted the LGBTQ+ community. This past June, thirty-one Patriot Front members were arrested in Coeur d’Alene, Idaho before they were going to interfere with a Pride Festival there. And, in November, at the Colorado Springs LGBT club, Club Q, an assumed haven for the LGBTQ community, five persons were gunned down, among them two transgender persons. 

Safe havens are so important. I was encouraged to read that the three LGBTQ+ organizations at Washington College are active again after the effects of Covid on campus clubs. I hope that Kent County LGBTQ+ youth have safe havens where they can be who they are and be celebrated for who they are. 

I began this piece with Rod and Alex. Let me end with them. On June 26, 2015, the three of us were outside the Supreme Court with hundreds of others, waiting to hear what the Court had decided in the Obergefell case. I had flown in from Spokane, Washington where I was teaching and was at the Court with a dear friend. I’ll never forget the cheers that erupted when the crowd learned of the outcome. It was a joyful moment. The signing of the Respect for Marriage Act on December 13 was also a joyful moment. Yes, much has changed for the better, but meanness and discrimination and violence continue. Much work remains to achieve full equality. 

Kathryn Lee (Ph.D., J.D.), is  the former chair of the Political Science Department and Director of the Women’s and Gender Studies Program at Whitworth University in Spokane, WA. Kathryn was recently profiles in the New Yorker which can be read here. She retired to Chestertown last July.

This may be the wrong time of year to write this article, but here we are. It feels as though the world is off kilter—fallen off its axis or gotten hit by a massive meteorite. Why do I feel this way? Here is just a small sampling of what is going on in the world these days. 

Hundreds of people in Ukraine and Russia continue to die each month that the war continues. Many Ukrainians are without power and heat—some have lost their homes. Ukrainian babies are being born outside of hospitals in total darkness and in freezing temperatures. Putin is colluding with Iran, and Iran plans to provide Putin with advanced lethal drones and possibly ballistic missiles. 

Iran hung a 23-year-old man from a metal crane whom they accused of killing two members of the paramilitary and wounding others. His hands and feet were bound, and a black bag covered his head. He was not allowed to choose a lawyer, challenge the evidence against him, or ask for a public trial. Fears are growing that Iran is preparing to execute scores more protesters. 

Just this past week, earthquakes were recorded in the San Francisco Bay area and Midland, TX. Massive blizzards blasted the country, and more are predicted. I recently arrived at our home in Florida and witnessed the devastating results of Hurricane Ian—yet more evidence of climate change. We were luckier than many. Still our home suffered substantial damage. More than 100 people died as a result of Hurricane Ian, mostly from drowning. More than 5,000 homes were destroyed and another 13,000 suffered substantial damage. Florida has made impressive progress in rehabilitating the state, but huge piles of debris remain, and most waterways are impassable. Many beaches remain contaminated and closed. 

More than two million migrants have crossed the U.S. border in 2022. A growing number of migrants have arrived in El Paso, Texas, in recent weeks—an average of 2,500 per day. The situation is becoming a full-grown humanitarian crisis. The increase has been attributed to the scheduled end of Title 42, a policy that kicked many migrants out of the U.S. A humane solution to this crisis is a significant challenge.

Every night in America, more than 300,000 men, women and children are in homeless shelters. An additional 200,000 spend each night unsheltered—on the streets, in subway trains, etc. California has the highest number of homeless people in the country, and the situation is worsening.

In addition, recent estimates indicate that approximately nine million children in the U.S. live in “food insecure” homes and often suffer from hunger and malnutrition. A recent study claimed that 42,000 people on Maryland’s Eastern Shore are “food insecure.”

The already-announced 2024 presidential candidate Donald Trump is exhibiting Increasingly bizarre behavior, highlighted by last week’s release of NFTs—non-fungible tokens—digital trading cards featuring caricatures of Trump in various guises including an astronaut, a fighter pilot, and a superhero with lasers coming out of his eyes. They originally sold for $99. Sadly, people are buying these (although there is some speculation that Trump himself may be the biggest buyer) from a man who is certain to be indicted for obstruction of an official proceeding and incitement of an insurrection. 

And although we can be grateful that Herschel Walker did not win the runoff election for Senate in Georgia, the fact remains that almost half of Georgia voters chose a clearly unqualified and mentally troubled candidate over contender Reverend Warnock. 

Then, of course, there continues to be the unhinged rantings of Georgia Representative Marjorie Taylor Greene, who claimed that “if Steve Bannon and I had organized that (the insurrection), we would have won. Not to mention, we would have been armed.” Don’t hold your breath for the new Republican-controlled House of Representatives to discipline her for her comments. 

And finally, Covid continues to rear its ugly head, coupled with the worst flu season in recent history. And then there is RSV. These three maladies have caused hospitals to be filled to capacity, and the health system in general to be taxed beyond measure.  

So, like many, I find it a bit difficult to be “merry and bright” this holiday season. But let’s try to find reasons for hope and good cheer. 

First, the amount of aid and support both individuals and countries have given Ukraine must be acknowledged and applauded. And then there is the unwavering spirit of the Ukrainian people which is truly inspiring. 

Next, Vladimir Putin has lost support from most of the world. He is now widely viewed as a modern-day Hitler. Iran remains a Russian ally, but that’s about it. It’s hard to see how Putin can emerge a winner in this situation.

The bravery of Afghanistan women who protested against losing their rights is hard to understate. Such protests have quickly spread across multiple provinces in Afghanistan and are being applauded in many countries across the world. Several agencies fight each day to protect and promote the rights of Afghanistan women. 

The migrant issue remains a challenge. However, there continues to be strong determination to move the issue front and center and finally pass constructive legislation. 

Several federal and state agencies are developing initiatives to combat homelessness and hunger. Some initiatives involve addressing solutions for prevention of homelessness, including early intervention programs and strategies. There are also dedicated programs for farmers markets and other local food entities to promote ways for the hungry to have access to fresh fruits and vegetables. Food banks have also stepped up to the challenge and have been especially responsive during the Thanksgiving holiday, as well as upcoming holidays. 

And though illnesses continue to assault us and our health system, we are in a better place than we were a few years ago. Vaccinations, boosters, home health tests and medicines have come to our rescue and helped to reduce symptoms and the severity of these illnesses. 

We also can be grateful that President Biden has exceeded expectations thus far in his presidency. Although his approval rating remains low, he has passed significant infrastructure legislation and presided over a scandal-free administration. He also has succeeded in appointing dozens of qualified Federal judges. Midterm election results were also encouraging. Because no widespread red wave occurred, Biden will have a fighting chance to address legislation that is responsive to America’s needs. 

Desmond Tutu once said, “Hope is being able to see that there is light despite all the darkness.” This season, it would be a special gift if each of us could seek the light and find a way to make it brighter. 

Maria Grant was principal-in-charge of a federal human capital practice at an international consulting firm. While on the Eastern Shore, she focuses on writing, reading, piano, gardening, and nature. 

 

While Talbot County citizens are recovering from last month’s local election and preparing for their holidays, its local government is working through a significant puzzle concerning the end of the term of Planning Commission member Lisa Ghezzi.

It’s a humdinger.

Ghezzi was appointed in 2018 by the Talbot County Council via letter to be one of five members of the Commission, the governmental body with meaningful oversight of growth and development. Significantly, that letter referenced that her term of office would end on December 2, 2022. And so on November 22nd, as their last legislative act before the new Council term began, the former County Council approved the appointment of James C. Corson to replace Ms. Ghezzi for the next five years. 

All of this seems reasonable enough, except that the Charter of Talbot County, our local constitution so to speak, says that this year Ms. Ghezzi’s term does not expire until midnight on December 5th. The charter also says the Council’s term expires at noon on second Monday of December which is also December 5th, but twelve hours before the end of Ms. Ghezzi’s term.  

That odd inconsistency caught the eye of more than a few people in Talbot County, as many would like to have Ms. Ghezzi continue on that commission, given her strong commitment to controlling growth. Many also believe, given the makeup of the newly-elected Council, she would have a fair chance of being reappointed to the Commission. 

Because of the perceived procedural misstep by the former Council, a number of citizens, including former Councilman Dirck Bartlett and Judge John North, have sued the county claiming that the former Council had taken an Ultra vires action, which translates into: they had no power to making this change.

Beyond the politics of Ms.Ghezzi‘S seat on the commission, the Spy has found this discussion of law held in Judge Thomas Kehoe’s Zoom courtroom fascinating.

The Talbot County attorney, now representing the current Council, argued that the old Council did have the authority to make the appointment, given the precedence set of a court case in 2004.

As one might imagine, the plaintiffs’ attorney, Michael Pullen, a former Talbot County Attorney, said in so many words that this argument was hogwash. In short, County government actions must live by its Charter (constitution) full-stop. Pullen said plaintiffs contend that, properly read, it is the newly elected Council that must make the appointment.  

The fact that this question on the Talbot County Charter’s authority had lingered since the 1970s is one mystery that will never be known. But to the credit of presiding Judge Kehoe, it was the court’s decision to rule on the case rather than dismiss it and thus kick can come down the road. Kehoe also made life easier for all parties by saying he understood the urgency of clarifying for Ms. Ghezzi and Mr. Corson who will be at the planning commission table at their next meeting. The judge will make a decision next week.

Mid-Shore citizens and elected officials should pay attention next week to what Judge Kehoe’s decision is in this case. We know the Spy will.

 

 

I doubt I’m the only one in the nine counties, who remembers when voters were hyper motivated to write letters or fax their members of Congress about health care,  wars, civil rights or to join demonstrations or sit-ins or wave campaign signs. 

In the 21st Century we text, join chat rooms or at times grab a gun and vest and march off to protect or protest brunch drag shows or library readings.  This Halloween, a man firebombed a Tulsa doughnut shop because it had hosted a drag event.  I admit, over the years I’ve enjoyed and laughed at drag performances. However, straight male adults are not the issue. It’s the T” in LGBTQ,  i.e. transgender and the kids.  

In the last quarter of the 20th Century, the US population began to accept L & Gs as normal friends and colleagues or just regular people.  Federal and state laws were passed prohibiting discrimination based on sexual orientation; some more recently, added transgender.  A movement emerged later, led by gay parents and others, who wanted their children to gain a broader understanding of human sexuality. Thus, was launched family-welcoming drag shows and book readings in schools and libraries, aimed at exploring sexual diversity.    

And then circa 2015, sex and children became politicized in different ways: most prominently by school boards who began banning exposure, by younger students, to sexual subjects in class rooms,  as well as books addressing them. At the same time, the popularity of drag performances by restaurants and other commercial venues became widespread, profitable attractions.  However, before the recent midterm elections, higher volume rhetoric against drag shows and readings with children in the audience , sharpened. 

Senator Marco Rubio said these events “indoctrinate children;” and Governor DeSantis pronounced them part of a “disturbing trend”. The president of the Family Research Council accused the people who organized a drag reading at a Montana zoo, of “…targeting our children and grooming them (to decide to become LGBTQ).  

Several states are considering legislation to prevent transgender people from participating in pubic shows, regardless of the nature of the performance. Other states are focusing on laws to prevent drag shows or in Texas to stop minors from attending drag performances.  The Texas draft text defining drag is quite comprehensive:  “…any show in which a performer exhibits a gender identity that is different than the performer’s gender assigned at birth, using clothing, makeup or other physical markers. 

I’m told, whether it’s true or not, that President Nixon introduced abortion as a campaign issue, during his reelection bid. In retrospect, I wish he had stuck to law and order and civil rights and violence in politics, following the assassinations of Martin Luther King and Robert Kennedy. 

My grandchildren consider me hopelessly antique, but that’s OK. I felt the same way about mine, but  just didn’t tell them. 

In December 2022, I wish our politicians argued and railed about national and state issues related to substantive, problem-solving and legislation aimed at serving the commonweal.  However, my grandchildren are doubtlessly correct, I am terminally oriented to the past. 

Transvestic Fetishism refers to drag performances or readings.  

Tom Timberman is an Army vet, lawyer, former senior Foreign Service officer, adjunct professor at GWU, and economic development team leader or foreign government advisor in war zones. He is the author of four books, lectures locally and at US and European universities. He and his wife are 24 year residents of Kent County.

One of the problems I see in today’s post-truth era, exacerbated by the double-edged sword of internet and social media, is widespread misinformation (possibly unintentional falsehoods) and disinformation (intentional falsehoods).

I believe this is why many people are either hesitant to take covid vaccines, skeptical that they are effective, or fear that they are part of a conspiracy.

My purpose in this essay is to allay those concerns by presenting a lay-person’s explanation of how a coronavirus vaccine works.

You could rightly ask “what qualifies a mechanical engineer to instruct on such a matter?” The answer is: Both my daughter and her husband have doctorates in cell biology, and from them I can often extract details limited only by time and my ever-diminishing capacity to assimilate.

Here goes.

There are several types of coronavirus vaccines presently in use, but since the end result is the same for all, I will address only the type called “mRNA vaccine” which is created and supplied by Moderna and Pfizer-BioNTech.

mRNA is short for messenger ribonucleic acid. Its normal everyday function is to read your DNA, the recipe for building and maintaining your body that resides in almost every cell, and transfer that information to your protein-building machinery called transfer RNA and ribosomes. Proteins are large molecules in thousands of types, each a long chain of much smaller molecules called amino acids, folded up into a variety of compact shapes. Together, proteins comprise the second largest percentage of your body weight, water being the largest.

A virus such as the SARS-cov-2 coronavirus is a parasitic organism that lives and reproduces by attaching itself to a normal healthy cell. By itself the virus can live only a few days. It attaches to a host cell by means of its “spike proteins”, those little cone-shaped thingees that protrude from the outer surface of its body. Without those spikes the virus cannot survive.

mRNA vaccines contain synthetically-manufactured mRNA molecules that instruct your cells to start making the same spike proteins that cover the virus. Those spike proteins circulate in your bloodstream and, while not harmful by themselves, are recognized by your immune system as foreign material “not belonging to you”. Your immune system’s job is to search out and destroy particles in your body that are not supposed to be there. It does this by using its white blood cells to produce antibodies which attack and destroy unwanted, harmful materials, in this case the spike proteins just created by introduction of the vaccine.

Are you old enough to remember the early computer game called “Pac-man”? In this game you used a joystick to guide your little yellow guy through a maze, eating lines of dots while trying not to be caught by four ghosts chasing him. Think of your antibodies as Pac-men circulating through your bloodstream, searching for, and eating, undesirable particles.

The new antibodies destroy the mRNA-created spike proteins, and hang around for a while (a few months) just in case they may find more. Unfortunately for the virus, when it enters your body, these antibodies are poised to kill the spike proteins that cover it. The vaccine gives your immune system a head-start in defeating the virus. Without it, your immune system, especially if already compromised by fighting some other pathogen, could become overwhelmed by the virus before it could make enough antibodies to defeat it. In that case, sickness or death ensues.

The spike-eating antibodies gradually diminish in number. That’s why we need booster shots every six months or so if we want to stay protected. And we will need new formulations of the vaccine to handle new variants of covid and whatever else is coming for us.

I hope this information, available in more detail at Wikipedia.org, helps reduce anxiety and skepticism regarding the vaccines.

One last point. By getting vaccinated for covid and flu you benefit not only yourself but also your neighbors.

Bob Moores retired from Black & Decker/DeWalt in 1999 after 36 years. He was the Director of Cordless Product Development at the time. He holds a mechanical engineering degree from Johns Hopkins University.

The current turbulent social, political and moral environment in which our representative democracy exists,  threatens, I believe, the resilience of our Constitutional democratic principles and institutions of governance. The extreme seriousness of the threats arises from: (1) the gradual acceptance by mainstream Americans of violence as a political tool, (2) the easy access to private armed militias and (3) the ubiquitous presence of social media and customized apps. The latter enable plans to be made, actions coordinated and operations to proceed in real time with instant communications involving hundreds of people in real time. 

The violent January 6, 2021 insurrection and assault on the US Capitol revealed clearly that America’s long tradition of democratic elections, followed by peaceful transfers of power, can no longer be assumed. Two of the largest armed militias, Oath Keepers and Proud Boys, actively engaged in the attacks. Stewart Rhodes, founder of the Oath Keepers, was just convicted in Federal Court of Seditious Conspiracy. 

Why the US Capitol? Because on January 6, 2021, members of both Houses of Congress were assembled in the House Chamber, led by the President of the Senate (US Vice President), to take the ceremonial final step in the election of a US president: the acceptance of the certified state votes of the Electoral College.  However, a group of senators and House members used a perverse interpretation of the enabling legislation (1887 Electoral Count Act), to challenge some of the certified state tallies. Their likely purpose was to overturn or delay the confirmation of America’s new president. 

The partisan mob broke into the Capitol building around 1PM on January 6th and then forced their way into the House Chamber. Minutes before, the Capitol Police and Secret Service, had led the  members of Congress to protected locations. Once the Capitol was secured, hours later, the Congressional deliberations resumed circa 8PM and early on January 7, the electoral votes were accepted and Joe Biden became the 46th President of the United States. 

To prevent a future misuse of the legislation, a draft amendment to the 1887 Act will be introduced and voted on by Congress, in December 2022.  

Deeply unsettling as well, were the 2 years of false claims in courts and elsewhere, that the 2020 Presidential Election was a fraud.  It is estimated that as many as 18 million Americans believe and support these lie-based assertions. This extended mass citizen effort to reverse a presidential election is unprecedented in American history. It  reflects a sad fact:  past generations of Americans’ ingrained acceptance of and participation in, our Constitutional democracy, is no longer predictable. 

And violence has become part of today’s deeply divided political reality. 

Does Something need to be Done? 

In my opinion, Yes. 

Anyone who has built or remodeled a house, knows that many licenses and inspections are required. And if there’s a problem with the work or the licensing, there’s a state commission or the courts to appeal to for redress. 

However, political parties and their successful national candidates are elected to powerful positions, from which they determine the future of 330+  million Americans. But, unlike roof repairs, this  immensely important process and its participants are essentially unregulated. There are no comparable (to roof repair) standards of competence or performance and no means easily available to voters, to appeal violations, even if there were any regulations..  

There is one exception: candidates and their campaign committees must submit to election boards at the state or national level, multiple reports of money’s received, from whom (with addresses) and how spent. However, corporations and unions (SCOTUS 2010: Citizens United vs FEC) can contribute, possibly anonymously, unlimited amounts to PACs and political parties. 

The following are suggestions based on vulnerabilities identified over many decades, particularly the last ten years.  Some may be politically impossible, but they are offered for consideration and comment. 

• • Vote Count Act – Congress during their December 2022 session passes the amendments to the 1887 Vote Count Act.
  • Federal Election Commission – The Federal Election Commission is substantially strengthened and given an expanded mandate. Current commission has six members, 3 Democrats and 3 Republicans, a prescription for dysfunction.  The Commission in recent years has been tied or absent a quorum frequently.
    
  • Technology and Security – 
  • The Federal Government should provide the same safe computers, software, and election security to all the states and territories for all general elections.
  • Note: Art I, Section 4 of the Constitution: (1) The times, places and manner of holding elections for senators and representatives, shall be prescribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing senators.

• Presidential/Vice Presidential Elections

• • • The popular election for the president/Vice President should be take place separately from the general election for members of Congress and for state and local positions. The selection of the most powerful  executive in the US Government and his/her understudy, are far too important to be included in the  confusion, even chaos and inefficiencies of the much larger general election. It should have customized procedures and reinforced protections. 
    • Note: The Constitution sets out no description of the process or timing for the popular election of the president and vice president. It does provide detailed guidance for the Electoral College.  

Tom Timberman is an Army vet, lawyer, former senior Foreign Service officer, adjunct professor at GWU, and economic development team leader or foreign government advisor in war zones. He is the author of four books, lectures locally and at US and European universities. He and his wife are 24 year residents of Kent County.

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Last night, Easton’s Prager Family Center for the Arts held a concert featuring Venezuelan pianist Gabriela Montero, violinist Joshua Bell, and soprano Larisa Martinez. It was, in short, magic. The featured musicians were at the top of their game. The program was eclectic and charming. The acoustics were superb. I felt privileged to be in attendance.

During one introduction to the selected program, Joshua Bell mentioned that he had never played in a venue quite like this one. It reminded him of the salons of days gone by. He is right.  It is a unique experience to be so close to the artists in an environment with such amazing sound quality. 

Gabriela Montero is a renowned pianist who gave her first concert when she was only five years old. She has performed at the Kennedy Center, Carnegie Hall, as well as concert halls in Munich, Berlin, Bern, Amsterdam and other venues across the globe. Montero sometimes introduces improvisations into standard classical pieces, a practice that Bach, Beethoven, and Mozart also incorporated into their concerts. Montero also has composed many original compositions and released several albums. Her 2015 album won her the Latin Grammy award for best classical album.  Her mastery of the eclectic pieces played on Saturday evening was pure perfection. 

On Saturday’s performance, Joshua Bell was not front and center, as the concert truly showcased his wife, soprano Larisa Martinez. But, as usual, he did not disappoint. Bell made his Carnegie debut at the age of 17. His instrument is the Gibson ex Huberman, a Stradivarius made in 1713 during the Stradivari’s Golden Era. The violin was stolen twice and is the subject of a documentary The Return of the Violin. Bell, considered one of the greatest violinists of all time, has won numerous awards and has produced albums featuring Brahms, Prokofiev, Gershwin, Bernstein, Vivaldi, Mendelssohn and many more. 

In 2019, Puerto Rican-born soprano Larisa Martinez made both her Kennedy Center and Carnegie Hall debuts—the same year she married Bell. Martinez appeared in her first opera when she was 19 as the shepherd in the third act of Tosca.  She studied vocal performance at the Conservatory of Music in Puerto Rico and obtained her master’s degree from the Mannes School of Music in New York City. Martinez has performed in New York and other operatic stages in the United States and Europe.  In recent years, she has performed with Andrea Bocelli where she typically sings one aria and then joins the tenor in four operatic duets. 

Saturday’s program at the Prager included works by Mendelssohn, Schubert, Chopin, and Bernstein, as well as some Spanish and Puerto Rican pieces. The standouts of the evening were the Chopin Sarasate I Nocturne, Op. 9, No. 2, and the concluding Bernstein West Side Story suite with outstanding performances by Montero, Bell and Martinez. 

Easton owes a debt of gratitude to the Prager Family for bringing these amazing artists to a truly outstanding venue. Thank you. 

Maria Grant was principal-in-charge of a federal human capital practice at an international consulting firm. While on the Eastern Shore, she focuses on writing, reading, piano, gardening, and nature.

“The minute the FBI makes recommendations on what should be done with its information, we become a Gestapo.”
—J. Edgar Hoover

I wasn’t bad or famous enough to get onto President Nixon’s enemies list, but FBI Director J. Edgar Hoover – not as picky – included me as Subject No. BA 100-24104 in his agency’s covert and illegal counter-intelligence program, a.k.a. COINTELPRO.

From 1965 to 1971 — and while the FBI was assembling my 115-page file – I worked on voting rights projects in Maryland and Georgia, spoke out against U.S. foreign policies, drove a taxi in Baltimore, edited copy at the Baltimore Sun, put out a weekly political newsletter, spent a year as an anti-Vietnam war organizer, and directed an addiction treatment clinic — all perfectly constitutional activities.

 

Then on March 8, 1971, the self-styled Citizens’ Commission to Investigate the FBI burgled the agency’s office in Media, Pa. By liberating suitcases stuffed with files, the “commission” outed COINTELPRO, Hoover’s super-secret, extra-legal counterintelligence program that began spying on thousands of Americans in 1956.

Under the Freedom of Information Act and for 10 cents a page, I obtained my COINTELPRO file. Shadowing me at meetings and picket lines and recording what I said and wrote and with whom I met, the banal assemblage discovered nothing, prevented nothing, and ultimately proved nothing. Riddled with redactions, repetitions, and errors, J. Edgar’s surveillance was a big waste of federal employees’ time and taxpayers’ dollars.

What triggered Hoover’s minions to spy on me? I was targeted after I mailed my draft card back to Local Draft Board No. 36 in Towson in April 1965. Even though I’d been discharged from the Army three years earlier, not carrying a draft card was still illegal. Protesting LBJ’s decision to send the 82nd Airborne — my old outfit — into the Dominican Republic, I told my draft board that I refused to carry it any longer. When the feds looked closer, they found that I fit into two of their very favorite subversive profiles: pro-civil rights plus anti-Vietnam war, and so they started watching.

As Selma exploded and the Vietnam war escalated, 1965 was tumultuous and I was swept into the turmoil. That August, I joined the “Assembly of Unrepresented People” on the National Mall, and along with another 200-plus civilly disobedient anti-war protesters was arrested on Capitol Hill while trying to present Congress with our “Declaration of Peace with the People of Vietnam.” The FBI was watching.

Leaving SNCC in 1966, I became a Baltimore Sun copy editor and in my free time produced a political newsletter, “The View From Here,” which expressed liberal-to-left views on social, political, and economic issues, including Vietnam and civil rights. The FBI was watching.

In early 1968, I was persuaded by Catholic activist Phil Berrigan to leave the Sun and organize full-time against the war, giving me a front-row seat for this watershed year. A year later, I was invited to direct Man Alive, a struggling methadone maintenance clinic in Baltimore. Though deeply involved in the intricacies of treating opiate addicts day-to-day, I continued to engage in anti-war activities, including the May Day demonstration in 1971, when I was arrested again, this time with 20,000 others. The FBI watched all of this.

Hoover’s surveillance might have had consequences. With its litany of “captioned-subject-went-here” and “Whitman-said-this,” the faceless folks at COINTELPRO included two incidents, either of which could have put me in serious legal jeopardy, including prison.

The first was in October 1968, when marshals seized me in the U.S. Courthouse in Baltimore and accused me of handing out leaflets while the Catonsville Nine were being sentenced. After sitting in a holding cell for an hour while munching on a bologna sandwich, I was released by Maryland’s U.S. Attorney, Steve Sachs, who apologized.

The folks at COINTELPRO, however, interpreted this courthouse altercation completely differently, alleging instead that I assaulted three federal officers, a felony. Although the marshals had grabbed me, the FBI instead described them as my “victims.”

The report read:
“Deputy U.S. Marshal [name redacted]-Victim; Deputy U.S. Marshall [name redacted]-Victim; and U.S. Marshall Frank Udoff-Victim: Crime on a Government Reservation – Assaulting a Federal Officer.”

But Mr. Sachs elected to do nothing, and this matter was dropped.

The other entry in my file with potentially serious consequences came on the heels of my arrest during the 1971 May Day demonstrations in D.C. As I walked along M Street near Mount Vernon Square, I was arrested by D.C. police without provocation, charged with disorderly conduct, held until late that evening, and released on $50 bail.

The dicey bit came several weeks later. After being found not guilty — the cop who testified wasn’t even able to place me at the scene — I was puzzled when the judge remarked, “I really hoped we could get this man.”

Ultimately, my file suggested why the judge made this unnerving statement. Dated May 10, 1971, a report was titled, “NAME CHECK REQUEST ON MAY DAY DEMONSTRATORS” and was focused on “179 individuals who were arrested on May 3, 1971.” I was one of those individuals and the judge had likely read this in advance of my trial.

Because my COINTELPRO file reported my arrest in 1965 and the courthouse incident in 1968, I remain convinced my May Day judge had been handed this erroneous report to review before he found me not guilty. (After May Day, I was a plaintiff in a civil liberties lawsuit against the D.C. government and was awarded a $1,100 settlement in 1981.)

Because I was “connected” with SNCC and “participated in anti-war and anti-draft demonstrations” and “urged civil disobedience,” the FBI put me on its “Agitator Index” in 1969. I was later upgraded to “Priority III of the Security Index,” whatever that meant.

To this day, I remain tickled by parts of the file.

Despite its overweening interest in what I said and what I did and with whom I associated, the FBI never actually interviewed me. Why? “There is no indication that an interview of WHITMAN would prove productive, and it is believed that an interview of WHITMAN would not be prudent.”

My high school in Dedham, Mass., informed Hoover & Co. that I was “generally considered to be a good campus citizen and a good student.”

Presumptuously, J. Edgar’s intensely anti-Communist agency labeled me as a “non-Communist Party (CP) member.” Accuracy demands should that I have been described as “a Democratic Party (DP) member,” but that wasn’t the agency’s purpose.

Also odd was the entry: “At the time of Reverend PHILIP BERRIGAN’s arrest in New York City on 4/20/70, he had in his possession the name of captioned subject. The significance of WHITMAN’S name in BERRIGAN’S address book is unknown.”

In a May 1971 memo, the Baltimore FBI office reported, “this case is being placed in a closed status by the Baltimore Division.” For whatever reason, they had tired of me.

As it related to me, COINTELPRO never reached “Gestapo” level. Those anonymous informers just watched and watched and reported and reported.

Spies and snitches never prevented me from speaking out, writing, demonstrating, and organizing. Didn’t prevent me from shepherding newspaper and TV reporters to Catonsville to witness the Berrigans’ raid on the draft board. Didn’t stop me from organizing and joining numerous anti-war and civil rights protests, including civil disobedience. COINTELPRO just watched and reported — just creepy when you think about it.

Once-burned, twice shy, eh? During the COINTELPRO years, the FBI spied on thousands of activists using informers, typewriters, telephones, and index cards. It created long lists of so-called subversives and put them on its “Agitator Index” and “Security Index.” But, given 2022-level technologies, the agency’s spy powers are limitless.

A new version of COINTELPRO can happen again, anytime, and a new generation of fired-up constitutional activists may find it already has.

Gren Whitman has been a leader in neighborhood, umbrella, public interest, and political groups and committees, and worked for civil rights and anti-war organizations. He is now retired and lives in Rock Hall, MD. 

 

“We may also suspect that they (majority opinion) suspected that emergency powers would tend to kindle emergencies.” Supreme Court Justice Jackson  (Youngstown Sheet & Tube Co. v. Sawyer 1952)  decided President Truman did NOT have the power to take over US steel companies.

Few Americans outside a gaggle of scholars, Constitutional law savants and national security buffs could possibly be familiar with the easy availability US presidents have to broad “dictatorial” powers. They have been drawn on by chief executives throughout US history, usually sparingly, but sometimes not. Last year’s January 6, 2021 insurrection and assault on the US Capitol generated, for different reasons, considerable attention to them.    

Wanting to learn the reality and extent of these powers, I did some research. What I found was startling. The President can do virtually anything, if s/he words it right. In past years,  Presidential applications of these authorities have at times, seriously, even severely affected the lives of numerous Americans. And appeared to others then, to contradict citizens’  traditional beliefs in their Constitutional and statutory rights and privileges. 

In general, Americans and our political leaders have successfully relied on the probity and moral judgment of our Chief Executives to avoid misusing these literally extraordinary, latent powers. There have been a few exceptions. 

However, we’re now in a somewhat distorted political environment featuring personal vitriol and at times, brutality. it seems prudent to understand the nature of these very potent presidential action-options when an increasing number of  Americans believe violence is acceptable to correct even false assertions of political wrongdoing. These conditions, unless countered, could worsen and lead a president to draw on these powers. 

Martial Law

What does it actually mean?  Simply put, it refers to those times when an American region, state or municipality or the entire country (only once, during Civil War), is placed under the control of military forces. Both the President and Congress have the authority to impose martial law, because both can assert control over national guard units. And in the case of the President, over Federal Forces as commander-in- chief. There are some constraints (Posse Comitatus Act -1878), but Congress has given considerable latitude to the White House. Governors, within their state borders, can also declare martial law.

In the United States, martial law has been imposed infrequently over 2 plus Centuries (68 times) usually in times of war, public unrest/conflict/violence or in cases of natural disasters. Some examples: New Orleans during War of 1812,  the Great Chicago Fire (1871), the San Francisco Earthquake (1906), the Omaha Race Riot (1919) and the  West Coast Waterfront Strike  (1934) and after the Japanese attack on Pearl Harbor (1941). 

And more recently, to enforce Federal school integration laws in Little Rock ,Arkansas (1957) and to counter violence in the Cambridge, MD. racial riots (1963).

Habeas Corpus and the 5th Amendment 

Conceptually, the declaration of martial law is tied to the suspension of the Constitutional right of Habeas Corpus (Art. 1, Sec. 9) , guaranteeing US citizens, a hearing and trial upon lawful arrest. Section 9 states this right “…will not be suspended unless when in cases of rebellion or invasion, the public safety may require it.” 

The most egregious example of misuse, occurred in 1942 when President Roosevelt issued executive order #9066 suspending 120,000 Japanese-Americans protection under Habeas Corpus and the 5th Amendment.  The latter holds  that: “No person shall be deprived of life, liberty or property without due process.”  The last Japanese Americans were released from US internment camps in March, 1946. 

Some commentators also include President G.W. Bush’s introduction of a torture program after the 9/11 attacks,  in this category of excessive use of these powers.. 

Emergency Presidential Authorities

During the late 18th, 19th and the early 20th Centuries, Congress passed laws giving the president (Executive Branch) considerable flexibility of action when confronting military, economic and labor crises. Prime among them, is the 1807 Insurrection Act that allows the president to deploy Federal troops either upon the request of a state governor or legislature, to stop an insurrection within their borders. Or if s/he believes it is impractical to use normal courses of action, Federal forces may be used to suppress: “insurrection, domestic violence, unlawful combination or conspiracy that impedes the course of justice.” Last Century, these legislated powers became more operationally formalized with the passage of the National Emergencies Act, requiring the president to declare a state of National Emergency before drawing on them. Once invoked, chief executives over many years seldom terminated them. One example, President Truman’s use of the National Emergencies Act (1950) – Korean War -was still in force, and was used during the Vietnam War. 

These Emergency Powers address more than the military and can include agricultural exports and the validity of public contracts. Curiously, there is no requirement that the powers used, be related to the rationale behind the Declaration of a National Emergency. And there are other laws that allow the Executive Branch to take extraordinary action under certain conditions, without a declaration of emergency.  It’s complicated.

Cyberspace, the Communications Act of 1924 and Twitter

In 1942, Congress amended the Communications Act to give the president the authority to close or take control of “any facility or station for wire communications”, upon his proclamation “that there exists a state or threat of war involving the United States.” Finding a “threat of war” in 2022, is not a problem.

If Elon Musk proceeds to liberate Twitter from any constraints and President Biden or his successors decide as President Trump did, that the “…search engines were RIGGED to serve up negative articles about him”, maybe Musk or other big internet companies should  become concerned about a possible application of Emergency Powers, including a 21st Century reinterpretation of the Communications Act.  

On November 8, 2022 the Midterm Elections will take place across the United States and determine the composition of the Congress, the occupants of various governors’ mansions, state legislatures and multiple local offices. 

For weeks, media commentators and multiple social media platforms have been reminding Americans of the increasing levels of politically related violence and last year’s January 6 insurrection. Many candidates have been asked:i “will you accept the results of the election, if you lose?” The absence of a loud YES from many has led to speculation that accusations of Voter Fraud will surface again as they did in 2020, and lead to similar instances of  mob violence.  

And then on October 28th, the husband of Speaker of the House,Nancy Pelosi, was viciously attacked in their San Francisco home by a hammer-wielding man yelling “Where’s Nancy?”

None of the foregoing has anything to do with the presidency or the incumbent’s special powers. True, but the current political atmosphere is infected with hatred, anger and a growing fear or  anticipation that more violence will erupt following November 8th.  Absent, some “deus ex machina”, it is unlikely all popular political attitudes will substantially moderate before the 2024 Presidential Election. 

And who knows how a new president will view these dormant extraordinary powers after January 20, 2025? 

Tom Timberman is an Army vet, lawyer, former senior Foreign Service officer, adjunct professor at GWU, and economic development team leader or foreign government advisor in war zones. He is the author of four books, lectures locally and at US and European universities. He and his wife are 24 year residents of Kent County.

 

Just when you thought we could not stoop lower, think again. The vitriol and cruelty coming from comments on the attack on Speaker of the House’s husband, Paul Pelosi, are beyond the pale. What have we come to as a country? What happened to empathy, compassion, caring, kindness, and just, in general, overall good will? 

The horror and shocking actions of a perpetrator entering a home by crashing into a glass door with a hammer, slinging a hammer at an 82-year-old’s head, while armed with zip ties, and ranting, “Where’s Nancy” and later telling San Francisco police, “he wanted to break her kneecaps if she lied to him,” is bad enough. But the ensuing comments and jokes that followed are cruel, heartless, and patently immoral. 

Some Republican members of congress, including McConnell and McCarthy, condemned the violence. But it did not take long for other opponents of Nancy Pelosi to begin making cruel comments and completely inappropriate jokes at Pelosi and her husband’s expense. 

Here are just a few examples. Virginia governor, Glenn Youngkin, said this. “I want to stop for a minute…there’s no room for violence anywhere, but we’re going to send her (Nancy Pelosi) back to be with him (Paul Pelosi) in California. That’s what we’re gonna go do. That’s what we’re gonna do.” Donald Trump Jr. retweeted a photo on Sunday of a piece of underwear and a hammer that was captioned. “Got my Paul Pelosi Halloween costume ready.”  Kerri Lake, Republican candidate for governor of Arizona, drew laughter at a campaign event in Scottsdale, Arizona, when she said, “Nancy Pelosi, well she’s got protection when she’s in DC.  Apparently, her house doesn’t have a lot of protection.”  Georgia congresswoman Marjorie Taylor Greene claimed that nothing would have happened to Pelosi if he carried a gun with him. And during a debate, Republican Ohio senate candidate J. D. Vance blamed Democratic immigration policies since he claimed that the perpetrator was an illegal immigrant. Apparently, the perpetrator entered the country 20 years ago from British Columbia. 

And then, of course, the conspiracy theories began. One promoted by many of the far-right persuasion was that the attacker and Paul Pelosi were gay lovers who had gotten into a fight. Elon Musk did nothing to squelch the ridiculous conspiracy theories but instead posted, “there is a tiny possibility there might be more to this story than meets the eye.”  Fox News commentators also insinuated that this was a lover’s spat. Donald Trump Jr., later claimed that the intruder was breaking out—not breaking in. Trump himself repeated that claim on a radio show. (For the record, Capitol Police camera footage released this week shows the perpetrator entering the house from the outside by smashing glass doors with a hammer.)

Seriously? Is this who we are now? It is beyond disgusting. It is pathetic that people joke about a horrible assault and spin all kinds of bizarre false narratives and then post and repost. 

 I am aware that there was hatred and contempt in America before Trump became president. But I am also aware that Trump legitimized mocking disabled people, criticizing women’s looks, giving competitors’ cruel nicknames, condoning violence, spinning outrageous false claims, and eventually making all these vicious attacks become business as usual. 

It is a sad, disappointing, and embarrassing commentary on our society today. Let’s just say this. It is never OK to encourage violence, invent and perpetrate outrageous lies, mock those who are less fortunate, and celebrate an opponent’s adversity. It just isn’t. 

Maya Angelou said, “I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.” When we celebrate others’ misfortunes and mock their struggles, we diminish ourselves and our society. Please let’s just stop spewing negative and cruel comments at someone’ else’s expense. And please let us not support, elevate, and celebrate those who do. 

Maria Grant was principal-in-charge of a federal human capital practice at an international consulting firm. While on the Eastern Shore, she focuses on writing, reading, piano, gardening, and nature.