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Now What?! A Suggested Approach to Pre-Inaugural Angst

The pandemic rages on with more victims than ever. The President of the United States cares only about convincing as many of his followers as possible that the recent election was stolen, while knowing it was not. OMG, what crazy, stupid, lawless thing will the President do next? If we find ourselves anxiously fretting over this, the Donald has us right where he wants us.

OK, so how is one to react to the latest assault on our country’s democracy? Matter-of-factly. The time has come to stop rewarding Donald Trump and his followers with howls of outrage, however deserved. With the possible exception of the inherent pleasure they derive from wrongdoing, nothing pleases Trump or a true Trumpster more than the apoplexy they elicit with bad behavior.

So, it’s not “You make me so mad I can’t sleep!” Rather, it’s time to shrug and say, “We expected nothing but the worst possible behavior from you, Mr. President. Someone willing to obstruct justice as you have is certainly going to obstruct a transition. Hire your movers and the best criminal defense team you can find. Pitch a reality TV show. Please excuse us, though; we have a lot to do, repairing the damage you’ve done to this country.”

We Saw This Coming, Right?

We were expecting, maybe, bowing to the will of the people? A gracious acceptance of obvious reality? Cooperative transfer of power in the nation’s best interests? An end, or even slowdown, to the barrage of lies? Doing the right thing?

We thought that after the election Donald Trump would urge all Americans to take reasonable measures to protect themselves and each other? Tamp down the politicization of the pandemic? Do something that actually would help the economy?

This Republican “leadership” (excuse the expression) was going to rein in Donald Trump? They were going to say harming the country with lies demeaning its democracy was going too far? They’re going to get interested in saving lives after a quarter-million lost?

C’mon. Seriously?  

This is not to suggest that dishonesty does not matter; quite the contrary. Honest, experienced election officials – Republican, Democratic, and Independent – are receiving death threats for doing their jobs and telling the truth. Exhausted health workers report patients using their dying breaths to deny the virus killing them.

The most famous current report comes from South Dakota, where nearly a half million bikers sneered at science with a super-spreader event in Sturgis. There is no doubt why the Upper Midwest became one of the nation’s hotspots this fall. Unmasked and undistanced partiers went home to every state, and, combined with smaller but similarly foolish gatherings everywhere, have made the whole country a hot spot again. Dishonesty matters, alright, especially when believed.

A Few Undeniable Facts – Election

By all accounts, regardless of political persuasion, 2020 was the cleanest election anyone can remember. That stands to reason, since everyone knew it would be the most scrutinized election ever. Elections generally are clean; our system works. But the chance of getting away with election fraud in this one was closer to zero than ever.

Joe Biden won. His 306 electoral college votes were the same number garnered by Trump in 2016. For four years we’ve been hearing from the Donald that this was a “landslide”, despite losing the popular vote by around 2.9 million votes. In contrast, Biden’s 306 electoral votes in 2020 saw a corresponding popular vote victory of over 5.5 million. It’s a clear, solid win.

Any assertion to the contrary is not only incorrect, but a knowing lie. Everyone with access to the facts knows this election was clean. To suggest it was stolen is a slander against our country, and all those who work hard and well on its elections.

Overturning any election in court requires compelling proof. In cases filed against this election, forget about proving anything – what’s being alleged is incoherent. If any specific fact is asserted, it turns out not only false but often the opposite of the truth. The suits filed aren’t just losers; they are frivolous.

Yes, He Knows

By the way, of course Trump knows he lost. He knew he was cooked when Biden won the South Carolina primary and then did so well on Super Tuesday. Why else would he be furious with Elizabeth Warren for not pulling out of the race and backing Sanders? Trump knew he’d have a chance against Bernie. Why else did he pursue that idiocy in the Ukraine before Biden was even the nominee?

If he knows he lost, why this behavior now? The easy answer is he’s just being the Donald. It’s no mere sore-loser petulance, however. The sad truth seems to include: (1) This keeps him the lead story, even as a lame duck, as long as possible. (2) Whatever can be done to hurt Biden, he’ll do. (3) He enjoys harming people in general, and our country and its core values in particular. (4) There are a few more items on the to-do list Vladimir gave him. (5) He is helping himself to one last fleecing of his adoring followers. As has been reported elsewhere, the small print in the current fundraising indicates that little or no money raised actually funds the baseless lawsuits.

A Few Undeniable Facts – Pandemic

COVID-19 is not just another flu. It is more contagious, more stealthy, and much more deadly. Its presence in a person days before symptoms manifest means that people unknowingly spread the virus everywhere, unless they take measures.

Transmission of COVID-19 is by personal contact, specifically most often by respiratory droplets. How long they linger, and under what circumstances, are still not fully understood. It’s easy to understand, though, that people breathing on each other spreads the coronavirus. Keeping a distance of about six feet, and knocking down droplets with masks, obviously help. So do circulating clean air, cleaning surfaces, and avoiding crowds.

At any time in our history other than the Trump Era, denying any of the above would have been regarded universally as sheer lunacy. Yet, one mask seen at a farm stand said “This Is What Tyranny Looks Like!” No. This is what common sense looks like.

The message from the White House has been “Ignore those fins of the great white shark. Everyone in the ocean!” (Indeed, not to beat the point to death, but the presidential response to COVID since March has been a real-world, large-scale rendition of the film Jaws, complete with mayor telling citizens to ignore the experts for fear of slowing an economy.)

The Need for Consequences

The expression is “No good deed goes unpunished.” The only thing worse than good deeds being punished, though, is bad deeds going unpunished. The wrongdoing recently, like that of the last four years, has been so voluminous and so serious as to require consequences. Otherwise, there will be no credible deterrent to future crimes and unethical behavior in high places. Don’t go after little stuff, but don’t ignore really bad stuff, either.

This is not for Joe Biden’s attention, by the way. He has even more important things to do. At every level, state and federal, we have good people who have made it their lives’ work to respond to bad behavior. Unfettered, these experts can be trusted to just do their jobs in various realms.

The Civil Case Realm

It is entirely appropriate in most jurisdictions to request both attorneys’ fees and sanctions in response to frivolous litigation. Without a shred of evidence, the suits being filed by or on behalf of Donald Trump are the epitome of frivolous. Every pleading in response to this nonsense should contain requests for sanctions and attorneys’ fees. It’s bad enough that gullible Trump supporters send their money in for this “cause”, only to have all or most of it diverted. Why should taxpayers have to fund the defense?

It is worth remembering that certain doctrines of law, like fraud and the RICO (Racketeer Influenced and Corrupt Organizations) Act, operate in both the civil and criminal arenas.

One other thought: How about a writ of mandamus against public servants who refuse to do their job in critical areas? This tends to come up when dedicated professionals are fired in favor of political hacks and donors. There are very good reasons for the Hatch Act and for political appointees to be greatly outnumbered in the public workforce.

The Ethical Realm

It is unethical for any lawyer to file pleadings lacking any merit. (RPC 3.1: A lawyer shall not bring or defend a proceeding, nor assert or controvert an issue therein unless the lawyer knows or reasonably believes that there is a basis in law and fact for doing so that is not frivolous.)

It is separately and especially unethical to do so knowingly. (RPC 3.3: A lawyer shall not knowingly: (1) make a false statement of material fact or law to a tribunal; (2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting an illegal, criminal or fraudulent act by the client… (4) offer evidence that the lawyer knows to be false… or (5) fail to disclose to the tribunal a material fact knowing that the omission is reasonably certain to mislead the tribunal…)

Attorney Ethics prosecutors, often called Bar Counsel, should prepare themselves for a wave of cases. The Rules of Professional Conduct are not limited to those in private practice, by the way; they apply to all licensed lawyers.

Lawyers aren’t the only ones with ethics standards. Other professions, like medicine, have them. All three branches of the federal government have offices to ensure ethical conduct. While Trump and congressional Republicans each consider whether there is any act whatever Trump could do that would draw condemnation, here’s a link to the Office of Congressional Ethics: https://oce.house.gov/learn/citizen-s-guide

The Criminal Realm

The enormity in volume, scope, and severity of the crimes committed by and on behalf of Donald Trump boggles the mind. And that’s just what we already know. History will teach that our President Law ‘n’ Order broke more laws than any other ever, perhaps more than all others combined.

Crimes (like perjury, fraud, treason) each have elements that must be proven. They either happened or they didn’t. They either can or cannot be proven beyond a reasonable doubt.

The topic of pardons would justify its own post. Suffice it to say (as I have been for a couple years) that on his way out, Trump will

  • Pardon a long list of bad actors who committed crimes at his behest or for his benefit and
  • Either resign and have Pence pardon him, or pardon himself – or both

Donald Trump may find one last constitutional crisis irresistible, so brace yourself for that self-pardon thing. I’m not aware of anything definitive on whether a president can do it, but there’s this from a memorandum opinion written in the time of Nixon out of Justice’s Office of Legal Counsel:

“Pursuant to Article II, Section 2 of the Constitution, the ‘Power to grant…Pardons for Offenses against the United States…’ is vested in the President. This raises the question whether the President can pardon himself. Under the fundamental rule that no one may be a judge in his own case, it would seem that the question should be answered in the negative.”

As to Vice President Pence: he is not in Jerry Ford’s position; Trump is not in Richard Nixon’s position; and someday maybe we’ll count the number of Trumpian scandals that dwarf Watergate. Depending on how far Trump is willing to go with his treachery before January 20, the 25th Amendment, Section 4, might be the more to the point than Article II.

Finally, I’ve seen a suggestion that Biden should pardon Trump. I don’t think he should, and I don’t think he will.

A Quick Story

As an undergrad a long time ago at Rutgers, I bought an advance general admission ticket to a concert. I was excited because it was my first chance to see Archie Shepp, then as now one of my favorite tenor saxophonists. Excited enough was I to not pay attention as I approached the outside doors. Someone stuck out his hand and I handed him my ticket. While peering inside the lobby, I didn’t notice at first that the stub wasn’t given back to me. I looked back and the guy was gone, with my ticket.

At first, I was puzzled. Looking back inside the lobby, I realized they were actually taking tickets at the doors from the lobby into the venue. The ticket was gone, I couldn’t prove anything or identify the guy, and I couldn’t afford another ticket. I was almost as angry at myself as the thief. How could I have been so stupid? I hated the feeling of being “had”. (Indeed, until now, I haven’t told this story to very many people.)

It’s happened to most of us, one way or another, and we all hate the feeling of having been had. For at least two reasons, we don’t want to believe that’s what has happened. First, someone did something wrong to us. Second, we feel really foolish.

Millions have been had by Donald Trump. Some will never realize it; some will realize it, but never admit it. Some have realized it, or are beginning to realize it, already; for others it will take a while. It’s never easy, and it hurts. He’s quite the con man.

All cons are not the same, but it does feel better to learn from it and let it go. I’ve enjoyed many great events at Rutgers over the years. I’ve also seen Archie Shepp play three times now, worn out some of his albums, and loved every second of it.

So…

True and False.
Good and Bad.
Right and Wrong.

My parents taught me all about these concepts – which was which, and why the distinctions between them always matter. I’m eternally grateful. It’s time to fix the mess we’re in, preferably together. We’ve never needed these, our first principles and the building blocks of society, more.

To be effective, it’s better to skip the snark and the vitriol, but we must insist on fairness, and answer every lie with the truth. Investigate all wrongdoing, wherever the truth takes us. Prosecute proven crimes. Discipline breaches of Ethics. Do all this not out of spite or revenge, but simple justice. We can’t afford not to do it.

Matter-of-factly.

Ken Bossong

© 2020 Kenneth J. Bossong

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For and Against, in the Election of 2020

Most presidential elections leave me grumbling how tired I am of voting against the worse of two evils, and longing to vote for someone. This is the year.

That is not to say there’s no compelling reason to vote against Donald Trump. There are many – and almost every day there are more. Happily, though, there are some good reasons to vote for Joe Biden.

Reasons To Vote For Biden

Breadth and Depth of Relevant Experience

With eight years as Vice President and many years before that in the US Senate, Biden’s background in two of the three branches of government is an enormous advantage.
Domestically and internationally, Biden knows the issues, the opportunities, the dangers, and the players. He has institutional knowledge and skill, a sense of what works and what doesn’t. Even mistakes and stumbles from the past can be teachable moments, for those, like Biden, open to learning.
The strongest resume of relevant experience since George H. W. Bush makes Biden a candidate ready to govern immediately upon taking the oath.

Devotion to the Constitution and the Rule of Law

Biden gets it; the reverence isn’t feigned. No policy position is as important. In matters large and small, he’s not the kind of guy to ignore his oath of office. It may not have seemed a big deal, but during last night’s town hall from Philadelphia, he eschewed presidential overuse of executive orders. He’d be the first president in a while with that approach.
So many offices and functions of the Executive Branch that must be apolitical to operate have been politicized blatantly. Restoring their integrity will be at or near the top of Biden’s essential to-do list.

Decency

Biden is a good person. In a better time, this would be a prerequisite, taken for granted in anyone seriously considered to be running for president. In these times, however, decency counts as a noteworthy advantage.

Integrity

(Ditto on this as normally a prerequisite.) Considering Biden’s worst moment in this regard ironically underscores his fundamental honesty. In an attack ad we’ve all seen countless times, it is telling that they had to go back 33 years for a clip of Biden responding to a question defensively, claiming academic achievement he hadn’t attained 20 years before that. It is cringe-worthy, but Biden’s worst moment wouldn’t have registered as noticeable if done by his adversary. More on that below.

Relationships

Few aspects of life are more important than relationships formed and nurtured. The significance is magnified on the national and international stages. Genuinely worthwhile relationships take patience and hard work, and this is where decency and integrity really count. Possessing all these requisite traits makes this factor Biden’s strongest suit.
Even better than his knowing the players in every realm, the players know and respect him. This consensus builder understands that the President’s most important power is the power to persuade (Presidential Power, Richard E. Neustadt, 1960).

Bipartisanship

When given grief for talking to the “enemy” across the aisle, Biden explains as patiently as he can that this is how things get done. It’s OK to shut up and listen once in a while, without giving up your fundamental principles. Not only is it possible to learn something – about their position and yours – but it can lead to discovering a better solution for all concerned.
If there is merit in anything that’s been done in the last four years, Biden is one politician who might just retain and build upon such items, rather than ditching them out of spite.

Deliberative Decision Making

Joe Biden knows what he doesn’t know, a key component of wisdom. He seeks expertise, listens, and carefully considers alternatives before acting. If anything, he’ll have to guard against being too deliberative before taking action. Given the enormous stakes involved in what comes before a president, this approach would be an important improvement.

Strength in Core Beliefs

Biden’s willingness to give and take for prudent problem solving does not extend to basic principles and core beliefs. Nice try with that “sleepy”, “weak”, and “Trojan Horse” stuff, but Biden would not be the Democratic candidate without HIS beliefs and principles defeating those he is accused of espousing.

Race and Social Justice

No Johnny-come-lately to these issues, Biden has earned trust in this area. It will take most of what he brings to the table in judgment, empathy, honesty, consensus building and experience, but the time seems right. It should be straightforward to get this done, but it just isn’t. He presents the best opportunity to take significant steps toward real justice. The fear-mongering ads against him are predictably false.

On Trump-Haters, Never-Trumpers, and the Like

It’s worth pausing to examine one of the least persuasive and most annoying tactics employed by defenders of Donald Trump. Point out anything done or said by the Donald that is clearly wrong – morally, legally, or factually – or criticize him for anything, and expect to be dismissed quickly as a “Trump Hater” or a “Never-Trumper”. (Other versions include “I get it; you don’t like the guy” or “Ignore what he says and concentrate on what he does”.)

The implication is that one must have suffered an affliction, or taken a blow to the head and awakened loathing Donald Trump. Worse, it’s as if that retort explains anything. The tactic is designed to accomplish two things. First, it is a condescending put-down. Second, it gives the Trump defender something to say without addressing the merits of what’s wrong with Trump.

This has cause-and-effect backwards. Observers of what Trump says, and even worse what he does, conclude based on overwhelming evidence that he is both a terrible president and a despicable human being. Disliking him as thoroughly as anyone ever encountered, while resolving never to vote for him, flow directly from rational analysis of observed fact. It’s not that he’s a bad president because he’s not “my kinda guy”.

Let’s use me as an example. I resolved on Inauguration Day to give him a fair shake, on the merits, cognizant of his having a personality I tend not to appreciate. Would he glance around the Oval Office, feel the gravity of the responsibility and the opportunity for accomplishment, and (at least attempt to) rise to the occasion? Well, no, apparently; not for an instant. That has proven tragic for countless reasons.

Reasons To Vote Against Trump

This section writes itself. It was tempting not to bother writing this as being too obvious, but it feels instructive to gather a number of the reasons in one place.
How can such a spectacular collection of character flaws and personality disorders have been amassed in one person? Niece Mary Trump points to Donald’s father, Fred. Other plausible explanations are lacking. A childhood impoverished in ways not financial is still cause for sympathy, but at some point people must take responsibility for the adults they have become. Unfortunately, Donald Trump doesn’t take responsibility for anything – other than credit for good things he had little or nothing to do with accomplishing.

Contempt for the Constitution, Ethics, and America’s System of Justice

Many of the reasons not to vote for Trump are disqualifying for the presidency all by themselves – but none more than this. Books have been written on the topic, with many more undoubtedly to come. Their remarkably consistent portrayals of Trump, as a man and as president, lend these books collective credibility, regardless of their angle.
Trump’s pursuit of self-interest has comprised an all-out assault on basic American principles – among them separation of powers, judicial independence, checks and balances, the integrity of elections, equal protection, transparency, and (soon to come) the peaceful transfer of power. Previously unthinkable conflicts of interest are to this president no more than the spoils of attaining the office, perhaps the main reason to run. Even more alarming is his yearning for, and pursuit of, autocratic power.

Hero worship of Vladimir Putin

Could there be a worse hero/mentor to an American president than KGB thug Vladimir Putin? The disgrace at Helsinki was the end for a fair number of people who had supported Donald Trump. (That more of them didn’t turn away then is disappointing enough to deserve its own post, as do many of the points here.) Much has been written elsewhere on the topic of Trump’s extreme and bizarre deference to Putin, most recently in his refusal to address Russian bounties on US troops. The personal fawning is embarrassing enough, but this is substantive; let’s address one aspect.
President Trump’s behavior in the international arena has been called erratic, puzzling and impulsive. It’s been all that and more with respect to American interests. When viewed through the lens of Russia’s ambitions, however, a clearer, more consistent picture comes into focus. When prosecutors finally get to sift through the wreckage of the Trump administration, this should be high on the list of items to probe. Anyone looking for reading material will find the Mueller Report more relevant than ever.

Abandonment of Allies

Nothing gladdens Vladimir’s heart more than Trump’s systematic weakening of America’s alliances and influence around the world. Vacuums created by our lessening presence are filled eagerly by the world’s bad actors, like Russia, China, Iran and Turkey. Our allies wonder what is left of the America they thought they knew.
It seems clear that a re-elected Donald Trump would waste little time withdrawing the US from NATO, for example. This would be the piece de resistance for Putin, the jackpot that makes his considerable investment of effort and resources assisting Trump’s campaigns a bargain.

Mendacity

Donald Trump is adept at every form and technique of dishonesty. He didn’t invent lying, of course, but the scope, the nastiness, the audacity, and the sheer volume of his lies are unprecedented. If they ever open a Dishonesty Hall of Fame, Donald Trump will be the Babe Ruth of its first induction class.
Prior to Trump, a good way of describing a compulsive liar was one who lied when the truth would serve him better. Here again, Trump is special. Simply put, it’s never the case that the truth would serve him better. Because of who he is and what he does, the truth has been Donald Trump’s enemy for as long as he can recall.
He has been lying so much for so long, he seems incapable of uttering a declarative sentence that is completely true. It’s fascinating to watch, actually. In the middle of a statement that might contain a kernel of fact, he catches himself just in time to salvage his words from the truth.
Before leaving the subject, two other aspects of Trump’s dishonesty are worthy of mention. First, he is a master at projection. That is, he falsely accuses others of the illegal or unethical acts he is actually doing or planning to do. As one of countless examples, Trump can guarantee the election will be “rigged” because he is doing everything he can to rig it.
This tactic is clever. It puts the falsely accused on the defensive; moreover, being the first to accuse serves to weaken any allegation of the same wrongdoing against the accuser, even if true.
Then there’s the cowardice with which he lies. The worst of Trump’s whoppers usually are presented in one of two ways. Either Trump pretends merely to relay what others are saying (“People say that…”, “Everyone knows…”etc.) or he’s merely asking a question (the lie followed by ???????). Leave it to Donald Trump to lie in ways that are themselves intellectually dishonest. It’s no compliment to observe that there’s never been a president like him.

Ignorance

No one knows all that is needed to be a good president. That’s not ignorance, but the reality of taking on a really tough job. But Donald Trump is proudly, willfully ignorant. Regardless of the expected participants, the setting, or the issues at hand, he doesn’t know and he doesn’t want to know. At this point, Trump’s rages against anyone trying to brief him in detail, or tell him anything he doesn’t want to hear, are legendary. Consider the caliber of people who’d be left willing to work for this man in a second term.

Business Dealings

One of the strangest myths about Donald Trump is that he’s a business genius. At a time when the only competition was 2,200 miles away in Las Vegas, Trump managed to go down in flames with casinos in Atlantic City. By all accounts, Trump University and the Trump Foundation were little more than frauds. Worst of all, his decades of dishonorable business dealings sent innumerable honest, hardworking small business people to ruin.
Living and working in New Jersey, I have heard dozens of first-hand stories of Trump dealings over the last 35 years or so. They’re all essentially the same; the next good one will be the first. By 2019, before COVID-19, it was dawning on some US industries – like steel – that Trump was bad for business (December 2019 Fortune magazine).

Negotiating/deal-making

Using bluster and bullying on our allies and a sort of inane flattery (that works only with him) on our adversaries, our master negotiator careens from one interaction to another, either not caring or not realizing how he’s being had. He single-handedly raised Kim Jong-un’s status on the world stage several levels without getting a thing in return. As a result, North Korea has accelerated their nuclear program during Trump’s watch.
Meanwhile, he would have you believe he has tamed China with his tariff war – the main effects of which have been to raise prices and hurt more American businesses. So intimidated by Trump are the Chinese that they are more aggressive than ever regarding Hong Kong, the South China Sea, and Taiwan. The world is more dangerous than it was four years ago.

Race and Social Justice

In effect, Donald Trump has been telling white supremacists and neo-Nazis to “stand by” for his entire presidency. He simply made it explicit during the nationally televised debate. We all know what that means, and no one more than the white supremacists and neo-Nazis. They have received the message loud and clear. A worse president for the healing needed in this realm, again, can scarcely be imagined.

Conclusion

For a while after it became clear that Biden would be the candidate, I joked that he would win because there were two reasons to vote for Joe: (1) He wasn’t Donald Trump. (2) He wasn’t Hillary Clinton.

I’ve come to relish the opportunity to vote FOR Joe Biden, though. His strengths are oddly, uniquely designed to address the mess awaiting him and to begin undoing the damage. Whether voting for Biden or against Trump, though, the person deserving the vote is the easiest decision of my lifetime. Not for nothing, as they say, was Donald Trump desperate to run against anyone but Joe Biden.

Like the rest of us, Joe Biden is far from perfect. Some mistakes will be made. Even if not a superstar, though, Biden has a real chance to be a good president, giving us what we need in a perilous time. That might make him the best we’ve had in a while.

Meanwhile, down the ballot: Over the years, whichever party wins the presidency, it has seemed desirable for the other party to have either the House or the Senate. Not this time.

The indefensible abuses of power by Donald Trump (and his Senate Republican enablers) deserve total, unmistakable repudiation. A presidential landslide combined with new faces in the Senate would send clear assurance, to both our emboldened enemies and our appalled and apprehensive allies, that America has lost neither its values nor its collective mind. That would be a first step in restoring order.

If the required no-doubt-about-it message is delivered, it also needs to be understood by the Democrats taking the reins. Elections have consequences, as they say, but we don’t need one batch of serial abusers of power replaced by another. After four years of unrelenting Republican wrongdoing, it seems almost unfair to ask Democrats to play by the rules, restore decency, and forego payback. Unless someone does it, however, what is to become of the erstwhile United States? It should be a badge of honor to right the ship.

Meanwhile, whatever real Republicans remain with their sanity and consciences intact have the unenviable task of taking back their party from the lunatic fringe and the craven enablers. Talk about needing to undo damage!

The message has to be: We don’t care who you are. The only way to attain power and then keep it is to deserve It – by behaving and performing well. That message must come from us (We the People) every election at every level, every time.

That’s our job.

Ken Bossong

© 2020 Kenneth J. Bossong

Let America be the dream the dreamers dreamed—
Let it be that great strong land of love
Where never kings connive nor tyrants scheme
That any man be crushed by one above.

From Let America Be America Again by Langston Hughes (1935)