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What precedent did Lincoln set for presidential interference in election?

Digger

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Dershowitz made a remarkable claim.

YouTube

No, not the one that he's already back pedaled on. The story about Lincoln sending a telegram to Sherman telling him to send troops home to Indiana to vote. Did this actually happen? An amazing story. It smells pretty fishy to me. I don't think catching the Trump team in another lie is really going to change anything. But there's usually a kernel of truth in there somewhere, and this one sounds pretty interesting.

So I looked around to find out what the real story is. I couldn't find anything. The search engines just don't return anything useful. I finally had to just read through general history about lincoln and telegraphs in the civil war, and I found a similar story, with some of the details missing and all of the point backwards. Here it is.

History Engine: Tools for Collaborative Education and Research | Episodes

Many of his telegrams addressed to government officials and generals inquired about planned sentences & executions of war criminals, both Union and Confederates. Although he asked for many to be suspended or respited, it is not a compensation for his subordinates' lack of judgment but instead a thoughtful consideration of the implications that executions may hold for a politician who seeks reelection as POTUS. More often than not, Lincoln yearned to be included in the process but left the ultimate judgment in those directly involved, which is supported by his decision to allow Secretary of War Edwin Stanton and General Sherman determine how many soldiers can be released without weakening Sherman's position (October 13, 1864). Clearly, the soldiers who were released were of great political value to Lincoln and his administration now that they could vote in-person, but their absence in the field of battle was feared by Lincoln and therefore configured by Stanton & Sherman.

So it is an interesting and relevant case. I'm glad that Dershowitz brought it up. Let's compare the precedent that Lincoln set to the actions that Trump took. The similarity is that in both cases executive actions have an impact on an election in a way that directly benefits the President. But Lincoln handled the situation very differently.

Lincoln worked through official channels. He had his general and SoD making the decisions, which insulated him from the conflict of interest. Trump got directly involved. He pushed the State Department out of the way and inserted his own personal agents. He ignored State Department and DoD assessments that corruption was being addressed, ignored the prepared talking points of his civil service, and zeroed right in only on two things that benefit him directly.

Lincoln delegated the task to the DoD through official communications that are now public record. We can all read the telegrams ourselves if we feel like doing the homework. Trump is doing everything he can to suppress all of the evidence of who he spoke to when and what he talked about.

If Trump had followed Lincoln's precedent, as soon as he found out that Biden was involved, and thus he might benefit personally, he would have left further decisions to the DoD and since it's a foreign issue the SD. He would release the documents demonstrating his delegation of decision making to avoid the appearance of a conflict of interest. He wouldn't have had his own personal representatives involved at all. On the July 25 phone call, he would have stuck to the script that the decision makers gave him and certainly never mention Biden.

Dershowitz used Lincoln as a precedent for Trump. But most of the stuff that Democrats are complaining about is stuff that Lincoln never did. Very interesting history. Very bad argument.
 
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I think you are ignoring the point that Dershowitz was making. It wasn't about "who" Lincoln or Trump used to execute their decisions...it was about the fact that BOTH Presidents made decisions that, in part, had the effect of political gain, while at the same time having a big effect on what they considered to be vital national security issues. In regard to this point, Dershowitz is correct and he hasn't backed away from that point at all.

Now me? Since I haven't seen any evidence that Trump did anything for political purposes, I think Dersh's point is irrelevant.

In regard to the point you are making, both of the means...working through official channels, as Lincoln did or working through both official and unofficial channels, as Trump did (Trump didn't push the State Department out of the way, he tried to get the State Department and Rudy to work together.)...are legal and both have, in the past for other Presidents, been effective and useful. Outside opinions about whether one means or the other is better are certain to arise, but it was ultimately Trump's opinion that mattered. He chose to do it his way.

It really doesn't matter if Trump had decided to use the means that Lincoln used...at least, in regard to whether the Dems would have something to complain about. We've already seen how they will blame everything on Trump...whether he had something to do with it or not. For example, Trump is pretty much going the Lincoln route in regard to the investigation into the corrupt actions of the Obama administration. He has completely removed himself from the process. But even so, we STILL have the Trump haters and their media lapdogs saying this is all on Trump. They are making up a conspiracy about Trump, Barr and Durham all working together for some kind of political advantage.

(Uh-oh...have I just stumbled upon the focus of the NEXT Trump hater attack on the President? Will we have a "DOJ whistleblower" filing a complaint based on something he/she heard someone say to someone else? Will we have Nadler's judicial committee initiating an impeachment inquiry? Demanding testimony and documents? Will we have NEW articles of impeachment based on an unsupported claim that Trump is using the DOJ for political gain? We all know the definition of insanity, right? Doing the same thing over and over, expecting different results.)
 
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I think you are ignoring the point that Dershowitz was making. It wasn't about "who" Lincoln or Trump used to execute their decisions...it was about the fact that BOTH Presidents made decisions that, in part, had the effect of political gain, while at the same time having a big effect on what they considered to be vital national security issues. In regard to this point, Dershowitz is correct and he hasn't backed away from that point at all.

Now me? Since I haven't seen any evidence that Trump did anything for political purposes, I think Dersh's point is irrelevant.

In regard to the point you are making, both of the means...working through official channels, as Lincoln did or working through both official and unofficial channels, as Trump did (Trump didn't push the State Department out of the way, he tried to get the State Department and Rudy to work together.)...are legal and both have, in the past for other Presidents, been effective and useful. Outside opinions about whether one means or the other is better are certain to arise, but it was ultimately Trump's opinion that mattered. He chose to do it his way.

It really doesn't matter if Trump had decided to use the means that Lincoln used...at least, in regard to whether the Dems would have something to complain about. We've already seen how they will blame everything on Trump...whether he had something to do with it or not. For example, Trump is pretty much going the Lincoln route in regard to the investigation into the corrupt actions of the Obama administration. He has completely removed himself from the process. But even so, we STILL have the Trump haters and their media lapdogs saying this is all on Trump. They are making up a conspiracy about Trump, Barr and Durham all working together for some kind of political advantage.

(Uh-oh...have I just stumbled upon the focus of the NEXT Trump hater attack on the President? Will we have a "DOJ whistleblower" filing a complaint based on something he/she heard someone say to someone else? Will we have Nadler's judicial committee initiating an impeachment inquiry? Demanding testimony and documents? Will we have NEW articles of impeachment based on an unsupported claim that Trump is using the DOJ for political gain? We all know the definition of insanity, right? Doing the same thing over and over, expecting different results.)

Ummm.....you just said you don't care what Trump does even if it's illegal.
 
Ummm.....you just said you don't care what Trump does even if it's illegal.

???

Are you talking to me?

I said no such thing.
 
Dershowitz made a remarkable claim.

YouTube

No, not the one that he's already back pedaled on. The story about Lincoln sending a telegram to Sherman telling him to send troops home to Indiana to vote. Did this actually happen? An amazing story. It smells pretty fishy to me. I don't think catching the Trump team in another lie is really going to change anything. But there's usually a kernel of truth in there somewhere, and this one sounds pretty interesting.

So I looked around to find out what the real story is. I couldn't find anything. The search engines just don't return anything useful. I finally had to just read through general history about lincoln and telegraphs in the civil war, and I found a similar story, with some of the details missing and all of the point backwards. Here it is.

History Engine: Tools for Collaborative Education and Research | Episodes

Many of his telegrams addressed to government officials and generals inquired about planned sentences & executions of war criminals, both Union and Confederates. Although he asked for many to be suspended or respited, it is not a compensation for his subordinates' lack of judgment but instead a thoughtful consideration of the implications that executions may hold for a politician who seeks reelection as POTUS. More often than not, Lincoln yearned to be included in the process but left the ultimate judgment in those directly involved, which is supported by his decision to allow Secretary of War Edwin Stanton and General Sherman determine how many soldiers can be released without weakening Sherman's position (October 13, 1864). Clearly, the soldiers who were released were of great political value to Lincoln and his administration now that they could vote in-person, but their absence in the field of battle was feared by Lincoln and therefore configured by Stanton & Sherman.

So it is an interesting and relevant case. I'm glad that Dershowitz brought it up. Let's compare the precedent that Lincoln set to the actions that Trump took. The similarity is that in both cases executive actions have an impact on an election in a way that directly benefits the President. But Lincoln handled the situation very differently.

Lincoln worked through official channels. He had his general and SoD making the decisions, which insulated him from the conflict of interest. Trump got directly involved. He pushed the State Department out of the way and inserted his own personal agents. He ignored State Department and DoD assessments that corruption was being addressed, ignored the prepared talking points of his civil service, and zeroed right in only on two things that benefit him directly.

Lincoln delegated the task to the DoD through official communications that are now public record. We can all read the telegrams ourselves if we feel like doing the homework. Trump is doing everything he can to suppress all of the evidence of who he spoke to when and what he talked about.

If Trump had followed Lincoln's precedent, as soon as he found out that Biden was involved, and thus he might benefit personally, he would have left further decisions to the DoD and since it's a foreign issue the SD. He would release the documents demonstrating his delegation of decision making to avoid the appearance of a conflict of interest. He wouldn't have had his own personal representatives involved at all. On the July 25 phone call, he would have stuck to the script that the decision makers gave him and certainly never mention Biden.

Dershowitz used Lincoln as a precedent for Trump. But most of the stuff that Democrats are complaining about is stuff that Lincoln never did. Very interesting history. Very bad argument.

The important distinction is that it was with a foreign government.

Interestingly, Dershowitz basically ssid thst Trump did exactly what he was accused of, but the President is not bound by laws.
 
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