“Eternal vigilance is no longer a sufficient price to maintain liberty. The inaction of the Democratic Party is just as much a failure to uphold democratic ideals as the Republican Party’s deliberate misrepresentations to their faithful and their promotion of a convicted criminal to be their demagogue leader,” writes HUGH SELBY.

The comedy rock duo Tenacious D – Kyle Gass and Jack Black – has cancelled the rest of their Australian tour. That’s a pity both for them and their fans.

While onstage in Sydney on Sunday Gass was presented with a birthday cake and asked to “make a wish” by Black.

Gass responded: “Don’t miss Trump next time”, an apparent reference to the rally shooting that left Trump with an injured ear.

A day or so later Black said: “I was blindsided by what was said … I would never condone hate speech or encourage political violence in any form”.

Then Gass apologised with: “The line… was highly inappropriate, dangerous and a terrible mistake”. 

With apologies to their fans there are many unaware of the success of this duo. “Tenacious D” was formed in Los Angeles, in 1994. That’s 30 years of success, three decades of tenacity. The duo’s name is derived from “tenacious defense”, a phrase used by NBA basketball sportscasters.

In 2024 what does a tenacious defence of democracy require? Gass’ desperation collided with Black’s decency and the losers were their loyal fans. That’s a distinction used to great advantage by the non-decent in the US ever since the 2016 presidential campaign revved up.

Such people can rely on decency to smother apt responses to their unchecked outrageous, selfish, destructive conduct.

True heroism

Let’s put aside the platitudes uttered by politicians in response to the unsuccessful attempt that nevertheless claimed three innocents. The former fire chief who was killed spent his final moments protecting his family from gunfire. That’s heroism. Two attendees were seriously injured. Let’s wish them a full recovery.

I’ve searched the internet looking for comments by Trump honouring those who suffered in his stead. I found nothing. No doubt he will get around to it sometime. He might even have a ceremony in 2025 for a posthumous award for the benefit of the deceased’s family who, being among his supporters, will be grateful.

I have another image of a firefighter with a politician that is burnt into my psyche: that of Prime Minister Scott Morrison being rebuffed in the aftermath of the fire that swept through Cobargo in early 2020. That firefighter saw no reason to take Morrison’s outstretched hand. Lives, homes and businesses were destroyed.

That real suffering trumped a politician’s quest for a photo opportunity.

Words matter, oaths matter

Decent Jack Black said that he would never condone hate speech or encourage political violence. Admirable sentiments, and wholly appropriate in a community where the laws are upheld. 

Trump encouraged “political violence” by inciting a violent insurrection at the Capitol. It is okay, say six justices, for Trump to incite that violence and to put at risk the lives of elected representatives and even the vice president. He has immunity. The US Supreme Court has given him absolution. What were they thinking?

Being human we are bound to be prejudiced. That’s a given. However, certain jobs require a positive effort both to identify our prejudices and to withstand them. Being a judge is such a job.

US Supreme Court Justices take two oaths:

“I, ________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

 Followed by:

“I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________, under the Constitution. So help me God.”

The decision to give Trump immunity makes a mockery of legal tradition and legal reasoning. Each of the majority cast aside their oaths. To abjure an oath is to withdraw one’s word or professed belief. At that point one should resign from the job as incumbency depends upon continued commitment to the oath. There have been no resignations.

In 2024 the oath of office in the US means nothing. Trump has already taken steps to ensure loyalty to him, not the constitution, among federal employees when he is again president. Those appointees will, one and all, not have the integrity shown by former FBI director James Comey who was forced out of his position by Trump in 2017.

Tribalism and democracy

How could the institutions of democratic government of a world power crumble so quickly? The theory was that the triangle of president, courts and Congress established a proper balance. The theory has failed. Tribalism is triumphant.

Tribalism is both a blessing and curse. It’s a blessing for this week’s deciding match in the State of Origin. To be a true believer in either the Blues or the Maroons will bring heady celebrations to one side and short-term despair to the other. There is always next year.

No lives are lost, we are watching teamwork at its best and purest, and it is a clash of wills and physicality.

But the upcoming clash of the blue and red tribes in the US is not a game. It is a cursed contest between tribes that will affect hundreds of millions, both inside and outside the US, for at least the next four years and probably longer.

The US Supreme Court, which is now an unapologetic tool for the Trump reign, changed the basic rules a few weeks ago. They changed them so successfully that another of Trump’s crimes and misdemeanours has been excused this week by another judge parroting their heresies.

May God help us because their courts won’t. 

Eternal vigilance is no longer a sufficient price to maintain liberty. Actions speak louder than words. The inaction and head-in-the-sand of the Democratic Party is just as much a failure to uphold democratic ideals as the Republican Party’s deliberate misrepresentations to their faithful and their promotion of a convicted criminal to be their demagogue leader.

I ask again, in 2024 what does a tenacious defence of democracy require?

Hugh Selby is the CityNews legal columnist.

Tenacious D tour scrapped after Trump shooting comment