Author, Lecturer, Ethicist

In the Words of Hedy Lamarr ("That's HEDLEY!")

                   Harvey Korman as Hedley Lamarr in “Blazing Saddles”

                   Harvey Korman as Hedley Lamarr in “Blazing Saddles”

Without question, Mel Brooks’ “Blazing Saddles” is one of the greatest comedies ever produced. Who can suppress a belly-laugh during the campfire bean-eating scene? Or not chortle  at the very name “Lili Von Shtüpp,” the send-up of Marlene Dietrich  for which the late Madeleine Kahn was nominated for an Academy Award? Then there’s Governor Lepetomane’s power- behind-the-throne “Hedley Lamarr,” as played by the marvelous Harvey Korman, who is given some of the picture’s best lines, such as “My mind is a raging torrent, flooded with rivulets of thought cascading into a waterfall of creative alternatives,” to which his dumber-than-dirt side-kick Taggart (played by Slim Pickens) responds “God darnit, Mr. Lamarr, you use your tongue prettier than a twenty dollar whore.”

Again, without question, Blazing Saddle’s best lines belong to Hedley, the most dexterous of which of comes when he is telling Taggart about the gang of miscreants he wants rounded up in order to overthrow the town of Rock Ridge: “I want rustlers, cut throats, murderers, bounty hunters, desperados, mugs, pugs, thugs, nitwits, halfwits, dimwits, vipers, snipers, con men, Indian agents, Mexican bandits, muggers, buggerers, bushwhackers, hornswogglers, horse thieves, bull dykes, train robbers, bank robbers, ass-kickers, shit-kickers and Methodists.”

I don’t know about you, but to me, this sounds a lot like former President Trump’s cattle call for the January 6 insurrection. But in this case, the verbal shopping list wasn’t meant for merely one set of ears (Taggart) but rather for a handful of co-conspirators, among whom were Chief of staff Mark Meadows, presidential aide Dan Scavino, professional grizzled hobo Steve Bannon and determined remora Kash Patel. (The remora by the way, which in the world of ichthyology, is known as the “suckerfish,” is known for getting a “free ride” on host fish.  As such, remora has also come to describe a person or a group of people who get a free ride and a free meal by way of the efforts of others.)  

As of today, Donald Trump’s gang of “. . . mugs, pugs, nitwits, halfwits et al are in severe legal jeopardy.  Although “Rock Ridge” (the nation’s Capitol) has not been torn down, they themselves have all been subpoenaed by the U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol. Not surprisingly all 4 have declared that they will neither honor said subpoenas nor turn over any documents relevant to their participation in the January 6 insurrection.  And more on point, Trump, the FPOTUS (“Former President of the United States”) has also declared that he will not hand over any documents related to the insurrection, claiming that he is protected by Executive Privilege.” (n.b. There is a possibility that members of the former president’s staff who have yet to be issued subpoenas are speaking to the Select Committee behind closed doors, away from the spotlight, in order to save their hides and future careers.)

This is - or in any event should be - a non-starter; there is absolutely no mention of executive privilege in the Constitution. Richard Nixon, who knew one hell of a lot more about what was in that document than the immediate FPOTUS, learned his lesson the hard way . . . and resigned office before he could be arrested. (And while it is highly likely that arrangements had already been made for Nixon’s hand-picked successor, Gerald R. Ford, to pardon Nixon, there are precisely two chances that current President Biden has made the same sort of arrangement with his predecessor: absolutely none and one hell of a lot less than that.)

Battle lines between the White House, the Select Committee and those who remain steadfastly in support of Donald Trump have been both widening and hardening in recent days. For in addition to the various subpoenas handed down, President Biden announced this past Friday his steadfast demand that the FPOTUS hand over thousands upon thousands of pages dealing with January 6 to the Department of Justice. Trump swiftly responded with the “Executive Privilege” argument, calling Democrats “drunk on power” and insisting that “this assault on the Constitution and important legal precedent will not work.” Without question, the Constitutional issues involved here are soon to be headed into federal court.

Legal experts say they think Biden, as the sitting president, is far more likely to prevail in court than Trump. But they also say that the legal questions raised by this conflict are highly significant.

“This is one of the historic tests of executive power,” says Walter E. Dellinger III, the Solicitor General under President Bill Clinton and the
Douglas B. Maggs Professor Emeritus of Law at Duke University. Still, he says, “the decision of the current president not to assert executive privilege is going to weigh heavily” on those having to make the decision. Select Committee member - and longtime Constitutional law professor - Jamie Raskin, speaking about Trump’s lawyer’s assertion that Congress has no claim on any information put it succinctly: “This is a matter of the utmost seriousness, and we need to consider the full panoply of enforcement sanctions available to us. And that means criminal contempt citations, civil contempt citations and the use of Congress’s own inherent contempt powers.”

 The last of these -- “Congress’s own inherent contempt powers” - - is found not in the Constitution, but rather in the U.S. Code (Title 2, Section 192), but has not been used since 1934. According to the Code, Congress has the unilateral authority to fine or even jail recalcitrant witnesses. The offender(s), after being cited for contempt of Congress, is/are  tried on the floor of the chamber of Congress invoking the power. If a majority affirms the contempt charge, they may instruct the Sergeant at Arms to arrest the offender(s) and detain them in the Congressional jail [yes, there is one in the basement of the Capitol] or until they comply with the subpoena or until the end of the session. This is highly unlikely to be employed, mainly because it would all but certainly involve a lengthy court battle involving Trump and his “mugs, pugs and  thugs” which would no doubt run on the front pages of papers as well as the twenty-four-hours-a-day-seven-days-a-week propaganda industrial complex for years to  come . . . thus giving Republicans a political issue for the ages. 

To my way of thinking, even before the House Select Committee concludes hearings and issues its final report, it should begin working in tandem with Attorney General Garland and the Department of Justice.  Let the DOJ do its job.  With the legislative and executive branches working together, they then should be able to issue arrest warrants and ultimately put the sowers of sedition in prison. And it could, as an added benefit, force individual Republican office-holders and future candidates to go on record as to whether or not they support those who sought the dismemberment of our democracy.

Insurrection is not a matter that should be taken blithely; it carries serious sanctions which should be undertaken for the sake of our future as a nation.

How do you like them eggs Hedy . . .  (that’s HEDLEY!)

Copyright©2021 Kurt F. Stone