Who will be the 'placeholder' in the U.S. Senate?

 Weekly Opinion Editorial

MUSICAL CHAIRS!

by Steve Fair

 

U.S. Sen. Markwayne Mullin, R-Okla., was nominated to lead the U.S. Department of Homeland Security this week after President Donald Trump removed Secretary Kristi Noem.   The move follows bipartisan criticism of Noem’s leadership, including contentious congressional hearings and scrutiny over departmental spending and media campaigns.

Mullin accepted the nomination shortly after the president’s formal offer and now awaits U.S. Senate confirmation.  “I am super excited about this opportunity. It came — not as a complete surprise — but it came at a little bit of a surprise for us,” Mullin said on the steps of the Capitol shortly after Trump announced Noem’s ouster Thursday afternoon.

Oklahoma Governor Kevin Stitt has 30 days after receiving Mullin's resignation to appoint a registered Republican to temporarily fill the seat after the senator leaves his post, but the appointee must sign an affidavit pledging to not run for a full term in November.   Many believe the restriction to prevent the appointee from running for a full term is illegal and would never stand up in court.  Oilman Harold Hamm has supposedly asked to fill the placeholder seat.  It remains to be seen who Stitt will appoint.   Three observations:

First, Mullin will follow Trump's orders.  Secretary Noem's poor judgment in policy and her personal life became a major distraction to Homeland's mission.  Removing her from the cabinet was a wise move.  Senator Mullin agrees with Trump's immigration policy and will carry out his directives without a hitch.  Mullin faces a Senate confirmation hearing, but it appears there is no organized effort to derail the nomination.  Senator Lindsey Graham, (R-SC) said about Mullin's nomination: "President Trump could not have chosen a better candidate to be Secretary of the Department of Homeland Security than Senator Markwayne Mullin."  With the GOP in control of the Senate, he should sail through the confirmation.

Second, the timeline for senate candidates is short.  Filing for federal, state and county offices is April 1-3.  The primary election is June 16th and the primary runoff August 25th.  Some claim a tight campaign schedule favors a grassroots candidate.  Others believe it favors a candidate who can self fund a high visibility advertising campaign.  Oklahoma 1st district Congressman Kevin Hern, (R-Tulsa) has indicated he is going to run for the full term.  Other potential candidates include Governor Kevin Stitt, Congressman Stephanie Brice, (R-OKC) and former State Senator and OKGOP Chair Nathan Dahm.  There is just 90 days until the primary.  Whomever decides to run will have to hit the ground running.  The race will be won in the GOP primary in June.  No Democrat has represented Oklahoma in the U.S. Senate in 30 plus years.

Third, Mullin's appointment creates a domino effect in Oklahoma.  If Congressman Hern or Brice run for the senate, a scramble to replace them in the House will draw multiple candidates.  Most likely state legislators would be among the aspirants for the Congressional seats, creating openings in their districts.  County elected officials would likely pitch their hat into the ring, creating openings for their offices. 

Musical chairs is a classic fast-paced game of elimination that tests reaction time and listening skills. Players march around a circle of chairs- numbering one less than the participants- while music plays.  When the music stops, everyone rushes to sit; the person left standing is eliminated, a chair is removed, and the game continues until one winner remains.  That is what is happening in Oklahoma politics. 

Cue The Laughing Policeman. 

ONLY THE DEAD HAVE SEEN THE END OF WAR!

 Weekly Opinion Editorial

WAR!

by Steve Fair

 

The United States and Israel, launched a major, two-day military operation against Iran on Saturday February 28th.  The operation targeted nuclear and missile facilities.  Iran retaliated by launching missile attacks on U.S. military installations throughout the Middle East.  Three U.S. service members were reportedly killed and five others seriously wounded in the attacks.  Dubbed Operation Epic Fury by President Donald Trump , the stated objective is to eliminate remaining nuclear and missile capabilities.  The action comes after Iran has rejected several good-faith U.S. diplomatic negotiations and the regime's massacres of thousands of its own citizens during recent protests. 

Iran's supreme leader, Ayatollah Ali Khamenei, 86, was killed in the attacks.  The Iranian government confirmed the supreme leader's death and announced 40 days of mourning.  Approximately 40 plus top Iranian leaders and officials were also killed.  During his 36-year rule, Khamenei was unwavering in his steadfast opposition to the U.S. and Israel and to any efforts to reform and bring Iran into the 21st century.  President Trump called Khamenei’s death “the single greatest chance for the Iranian people to take back their Country,” and urged Iranian citizens to seize the opportunity and take back their country.  Three observations:

First, the attacks are inconsistent with Trump's MAGA mantra.  Republicans largely rallied around the White House in the hours after the attack — insisting the time for debating U.S. intervention in Iran had passed and the GOP must unify behind the president. But many of the president’s “America First” allies questioned the wisdom of intervening in global conflicts.  One of the fundamental planks in Trump's campaign platform has been a non-interventionist stance against 'forever wars,' from previous administrations.  Some Trump supporters are criticizing for practicing what he pummels. 

Second, the strikes were launched without prior congressional authorization.  Article 1- Section 8 of the Constitution gives Congress, not the president, the power to declare war.  Throughout America's history, presidents have frequently circumvented the formal Article I by invoking their Article II authority as Commander in Chief to engage in military actions. While the Constitution explicitly grants Congress the power to declare war, historical practice has shifted significant control over initiating armed conflict to the executive branch.  Following World War II, nearly all large-scale military conflicts—including Korea, Vietnam, and the second Iraq War—were conducted without a formal declaration of war.   

Top Congressional Democrats and Republicans that make up a group known as the Gang of Eight — party leaders from both chambers, as well as the Intelligence committees' leadership — were notified by Secretary of State Marco Rubio shortly before the attack.

Third, it remains to be seen if the attacks were a wise choice.  If the 92 million Iranian citizens embrace the opportunity and take control of their country, they could throw off the current political system and bring about reform.  But Iran's political system is built around the concept of a 'Marja al-Taqlid.'  That is a senior cleric who citizens turn to for religious guidance and legal rulings.  Until a replacement cleric is chosen, a 3-member council is in charge.  President Trump says that council is willing to talk with him.  Time will tell if they will dial down the extremism and allow for reform. 

U.S. consumers are already seeing the impact of the attacks at the pump.  Some predict gas prices could get to over $3 a gallon in the coming months.  Because of underinvestment and sanctions, Iran, which has 12% of the world's oil reserves, only accounts for 4% of global oil supply.  But it's not Iran's oil supply driving the price up- it's the instability in the Middle East.  Instability in the Strait of Hormuz, where 20% of the world's oil travels through, is what could disrupt supply.

Since the 1930s, over half of the conflicts in the world have been disputes involving untapped oil reserves.  Oil-importing nations (the US is second behind China) tend to get involved to protect energy interests.  No matter the stated reason, countries go to war to protect their economic interests.

Philosopher George Santayana said, "Only the dead have seen the end of war."  

COURTS AND PRESIDENTS ARE NOT ALWAYS RIGHT!

 Weekly Opinion Editorial

TARIFF RULING!

by Steve Fair

 

The U.S. Supreme Court (SCOTUS) delivered a major blow to President Donald Trump last week by ruling (6-3) many of the tariffs Trump has imposed based on a 1977 emergency economic powers law were unconstitutional.  To say Trump was disappointed in the ruling is an understatement.  At a hastily called news conference after the ruling, he denounced the SCOTUS justices who ruled against him as a “disgrace” and announced wide-ranging new tariffs.  Trump used a different law to impose a 10 percent across-the-board tariff.  Three observations:

First, courts don't always get it right.  Courts and judges, at all levels, are made up of people and people are fallible.  They filter all their decisions through their worldview and political philosophy.  Often judges legislate from the bench and use their power to overturn laws and twist the original intent of lawmakers.  The SCOTUS is part of balance of power in America, but it is far from perfect and many of the high court's past decisions have been wrong.

Second, presidents don't always get it right.  No one gets it right all the time, including President Trump.  He could be right about the SCOTUS getting it wrong, but that remains to be seen.  Trump is correct the executive branch has the authority to Impose tariffs.  Section 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962 allow the president to act regarding tariffs under specific, limited, and legally defined conditions.  

In the majority opinion, Chief Justice John Roberts said: “we claim no special competence in matters of economics or foreign affairs. We claim only, as we must, the limited role assigned to us by Article III of the Constitution. Fulfilling that role, we hold that IEEPA does not authorize the President to impose tariffs.”

Third, the law is subject to interpretation.  There are two types of judicial philosophy: judicial activism, where judges are more willing to overturn laws, precedents and policies to shape social and political change.  Those who subscribe to judicial activism interpret the Constitution as a 'living' document.  That is normally the liberal view.

The second philosophy is judicial restraint.  Judges who subscribe to judicial restraint rule more often on the original meaning of the Constitution and defer to the legislative branch to make the laws.  This is normally the conservative view.  Neither philosophy is perfect, because even in its best day, human judgment is flawed. 

Trump's response to the SCOTUS ruling on the tariffs could impact future cases.  Insulting and degrading people who in the future will likely be ruling on cases you are involved in is probably not a wise strategy. 

Two of the three of the SCOTUS justices Trump appointed to the high court voted with the three liberals on the court and Chief Justice Roberts against Trump's tariff decrees.  Only Justice Brett Kavanaugh (appointed by Trump in 2018) sided with the president.    

It remains to be seem who got this ruling right, but Trump is not be the first president to be surprised by how a justice they appointed ruled.

When tariffs are put in place, they have to comply with the law.  If the law is wrong, then Congress needs to fix it.  Circumventing and dodging the law is illegal, no matter who does it. 

Court rulings are often frustrating and create roadblocks.  Routinely, the legislative and executive branches of government are at odds with the judiciary.  None of the three branches are always right. They all make mistakes. 

THOSE CALLING CONSERVATIVES RINOS MAY BE THE REAL RINOS!

 Weekly Opinion Editorial

NOSE HORN!

by Steve Fair

 

President Trump uses the term, "RINO,' on a regular basis.  RINO is an acronym for Republican-In-Name-Only.  It's a derogatory label to describe politicians and activists who allegedly do not hold to true Republican values.  It is often used to disparage politicians who are viewed as too moderate.  Some moderate Democrats are branded DINOs by their Party, but you seldom hear that term.

Name calling and branding political opponents with a label is nothing new.  Two-time presidential candidate Thomas Dewey, who ran against FDR and Truman, did not oppose FDR's New Deal programs, but just promised that Republicans would run them more efficiently.  Dewey and his allies were branded 'Me Too' Republicans, because they agreed with the Democrats.  'Me Too' Republicans were the majority among GOP elected officials and won the Party's presidential nomination up until 1980, when Ronald Reagan upset the applecart. 

This week, President Trump posted on Truth Social Oklahoma Governor Kevin Stitt is a RINO.  Stitt, who is Chairman of the National Governor's Association (NGA) had released a press release regarding an upcoming governor's weekend in Washington that President Trump said was inaccurate.  Trump had disinvited two Democrat governors and Stitt released a presser saying that Trump had agreed to invite all the governors.  Trump posted: “We will soon have a Governor in Oklahoma who knows how to accurately write a Press Release to the Public, in this case, to state that I invited, not happily, almost all Democrat Governors to the Governor’s Dinner at the White House.  Stitt, a wise guy, knew this, but tried to get some cheap publicity by stating otherwise.” Immediately, two candidates for Oklahoma governor in 2026 (Keating and Drummond) jumped on Trump's bandwagon, saying they agreed Stitt is a RINO.  Three observations:

First, everyone who disagrees with Trump is not a RINO.  Blind loyalty is a dangerous thing.  The president demands blind loyalty.  In today's toxic political environment, anyone who expresses a differing view from Trump is branded a nose horn.  Each citizen has the right to place their registration with which ever political Party they desire.  They don't have to agree with any or all of the tenets of a Party.   Some in the GOP want the Party to impose excommunication, like churches, for the RINOs.  If an elected official doesn't pass a litmus test regarding the platform, they would be booted out of the Party.  Exclusion, not inclusion.  In today's GOP, disagreement with Trump's views are considered heretical and worthy of banishment and shunning.  Group think rules!

Second, much of the RINO talk is political theatre.  Stitt, who is term limited, shrugged off Trump's comments, saying Trump doesn't really mean it.  To the uninformed, who believe everything they see on the news, grandstanding politicians sway public opinion by caricaturing another's position.  That seems the be the case with Trump and Stitt.  Sensationalism and exaggeration rule!

Third, graciousness is dead in politics.  You can make the case it never existed in the world's second oldest profession.  Clearly humility, patience, kindness, gentleness, steadiness and self-control are now considered traits of cowards, and yellow bellies, aka RINOs.  The inability of the GOP to agree to disagree has hurt America.  Instead of working together, the Republicans fight more internally than against the Democrats, resulting in nothing getting done. Name calling and insults rule! 

Today's definition of a RINO seems to be: "anyone who disagrees with Trump." The fact is, many branded RINO are principled people who care about the direction of American and the GOP.  Many have been active in politics before Trump entered the arena and will be around after he is gone.  These nose horns are pro-life, pro second amendment, fiscal conservative, traditional Republicans who don't blindly follow any man.  They aren't 'Me Too' or RINOs.  Those calling them RINO are likely the real RINOs.

IS OKLAHOMA'S DESTINY GROUNDHOG DAY?

 Weekly Opinion Editorial

by Steve Fair

 

On Monday February 2nd (Groundhog Day), Oklahoma Governor Kevin Stitt delivered his last State of the State address to a joint session of the Oklahoma legislature.  Stitt proposed sending four issues to a vote of the people: (1) a state question to put an annual 3% cap on state spending growth, (2) a state question that would freeze property tax, (3) a state question making the Superintendent of Public Instruction (State School Superintendent) an appointed position, (4) a state question reversing legalized marijuana in Oklahoma.

Stitt also called for the elimination of the Oklahoma Secondary School Activities Association (OSSAA), which drew criticism from the Oklahoma Officials Association (OOA) and others.  The OSSAA is a member driven organization, governed by the 482 school districts that join voluntarily, like a co-op.  Stitt's issue with the OSSAA appears to be their transfer policy for athletics. 

In a clear swipe at Attorney General Drummond, who is running for governor in 2026, Stitt said the McGirt ruling by the US Supreme Court was divisive and created a double standard for citizens in the state.  AG Drummond supports the McGirt decision, while Stitt has been at odds with the tribes over the ruling.    "I challenge Oklahomans to elect people who are committed to these values and protect these simple truths.” Stitt said. 

Three observations:

First, why do Oklahoma voters always have to do the heavy lifting?   Two of Stitt's proposed state question issues could be done by the state legislature without a state question.  Granted, their action wouldn't amend the state constitution, but it would accomplish the same thing.  If every important issue has to go to a vote of people, why have a legislature? 

Has Oklahoma really progressed?  Back in the early 1990s, a rag tag bunch of citizens got fed up with annual tax increases from the Oklahoma legislature and ran a grassroots initiative petition campaign.  Approved by voters in 1992, SQ #640 became a part of the state constitution.  It requires a 75% super majority in both chambers to raise taxes and that has only happened once since 1992.  The legislature hates 640, but it has saved Oklahomans millions of dollars.  Now the governor wants citizens to do what the GOP led legislature won't do- exercise restraint and disciple. 

Second, taking away the right to vote on a statewide elected official is a hard sell.  Oklahoma elects eleven statewide elected executive officials, third highest in the country.  Only Mississippi and North Dakota elect more statewides.  Making some of Oklahoma's statewide offices appointed positions might be efficient, but it transfers power from the people to the governor.   All eleven officials are currently accountable directly to the people.  Consolidation of power is not usually a good idea.

Third, monkeying with property tax is a risky strategy.  Local school districts and county government rely on property tax.  No one likes to pay taxes, but taxes are necessary to provide funding for those entities.  If property tax is frozen or eliminated, that funding has to be made up somewhere else or cuts have to be made.   You can't get blood out of a turnip.  Property tax is the devil we know.  While it might not be the best vehicle to fund schools and county government, it is one we know.  What is the alternative plan to make up the funding property tax provide?  No one seems to know. 

Stitt closed his address by quoting President Reagan's "A Time for Choosing," speech. We have a rendezvous with destiny," the governor concluded.  The truth is Oklahoma is more like the Groundhog Day movie- the more things change the more they remain the same.

OKLAHOMA LAWMAKERS TEND TO MAJOR ON THE MINORS!

 Weekly Opinion Editorial

by Steve Fair

 

According to Article V, Section 26 of the Oklahoma Constitution, the state legislature convenes in regular session annually at noon on the first Monday in February. Sessions must adjourn sine die no later than 5 p.m. on the last Friday in May.  A total of 1,578  House bills and 50 House Joint Resolutions were filed before the deadline.  Coupled with the Senate bills, Oklahoma legislators will be considering around 2,500 total bills between now and May. 

Dozens of bills filed this session would expand cooperation with federal immigration authorities, restrict access to public assistance, driver’s licenses and higher education, and limit foreign land ownership for non-citizens.  Five bills were filed that would ban illegal immigrants from receiving in-state tuition at Oklahoma colleges and universities.

Lawmakers also introduced a number of bills that would require Oklahoma employers to verify the citizenship of immigrant employees. Federal law requires employers to complete I-9 forms for all workers, but private businesses in Oklahoma aren’t currently required to use E-Verify to compare those forms to government records. 

House Speaker Kyle Hilbert, (R-Bristow), filed HB#4422, which would require the Oklahoma Department of Human Services to verify the immigration status of applicants for public assistance programs. 

There are at least two bills that address President Trump's recent announcement of the retirement of the penny.  Senate Appropriations Chair Sen. Chuck Hall (R-Perry) is running a bill requiring state agencies that accept cash from an individual to round the amount of the transaction down to the nearest cent that is a multiple of five. Hopefully the unintended consequences for Hall's bill doesn't mirror Michael Bolton's mistake in Office Space.  Three observations:

First, lawmakers file far too many bills.  The number of bills filed has risen steadily in recent years.  Granted many of the bills have little to no chance of becoming law and often the legislator that crafted them know that.  They file those bills to self-promote, grandstand and appeal to their base. The duplication of bills is out of control.  Republican legislative leadership should address the 'throw it on the wall and see if it will stick' practice.  It's a waste of taxpayer dollars.

Second, lawmakers major on the minors.  Fiscal responsibility, the state budget, tax cuts take a back seat to 'policy' bills, that create more government bureaucracy in the name of conservatism.  Spending less tax dollars and delivering more efficient government should be top priority, not symbolic resolutions or measures addressing issues already covered by existing laws.  Some lawmakers introduce bills purely for political posturing and personal attention.  Neglecting the most important high-impact budget tasks exposes misaligned priorities and leads to mediocre results. 

Consider this- since the GOP took the majority in the Oklahoma state legislature back in 2006, Republican leadership has overseen a significant, consistent increase in state spending.  The 2026 state budget is a record $12.59 billion.  

Third, lawmakers need feedback.  Constituents should hold their elected officials accountable.  They should ask hard questions.  They should pay attention to what the legislature is doing.  Good representatives solicit input from their constituents and not just their donors.  Great representatives do it regularly and listen to wise counsel.  Poor representatives ignore those they represent and only pay attention to them on an election year.  The weak rep don't want their views or votes to be questioned and only listen to positive feedback on their performance. 

Will Rogers said when the Oklahoma legislature was in session, 'neither man nor beast, nor property is safe."  Be on guard Oklahoma!

PEACEFUL PROTEST IS A PROTECTED RIGHT!

 Weekly Opinion Editorial

OBEY THE LAW!

by Steve Fair

 

 

On Saturday, a Minneapolis VA nurse, Alex Pretti who was carrying a licensed handgun was fatally shot by a U.S. Border Patrol agent.  Authorities said Pretti resisted arrest after trying to intervene in the ICE operation.  Vice President JD Vance called the protests in Minnesota "engineered chaos" in the wake of the shooting.  Three observations:

First, the Constitution guarantees peaceful protest. The First Amendment protects the right to peaceably assemble.  It also guarantees freedom of religion, speech, the press, and the right to petition the government or redress of grievances.  Assembly is the only right in the First Amendment that requires more than a lone individual for its exercise. One can speak alone, but one cannot assemble alone. Moreover, while some assemblies occur spontaneously, most do not. For this reason, the right to assembly right extends to preparing to assembly activity, aka 'right of association,' by the U.S. Supreme Court (SCOTUS).  The right to peaceably assembly is extended to all citizens and all political ideologies and the government is not to impede that right.

Second, the Constitution does not guarantee hostile assembly.  The protests in Minnesota- and in other states- against the U.S. Immigration and Customs Enforcement (ICE) agents have been characterized by conflict, unrest, and confrontational conduct toward authorities.  Violent protest is not a guaranteed constitutional right.  Protestors must abide by the law when assembling.   Physically confronting law enforcement officers is usually not going to end well, and that has been the case in the two Minnesota shootings. 

Third, let the facts determine what happened.  The predictability of how elected officials on both ends of the political spectrum would react is a foregone conclusion. Immediately after the shooting, supporters and critics of ICE had formed a verdict about the situation and were espousing judgment or vindication.    Sadly, most elected officials are on auto-pilot, blindly following a predictable pattern. 

It is very possible the ICE agents in Minnesota overreacted and were in the wrong.  It is also very possible Pretti presented a threat to the agents.  The public would be wise to allow independent investigators, with no political agenda, conduct a through investigation and let the facts speak for themselves.  If the agents overreacted and are in the wrong, they should pay the price. 

One of the fundamental rights Americans have is the right to disagree with their government without fear of being punished or retaliated against.  It should concern every American when federal law enforcement officers shoot protestors.  An independent, unbiased investigation should be done and the chips fall where they may.

For years, Republicans referred to federal law enforcement as 'jackbooted federal agents.'  Conservative Republicans regularly criticized federal agents as acting too authoritarian, using heavy handed tactics and government overreach.  Ironically, many of those same people are now supporting the storm troopers in this battle. 

In May 1970, four unarmed college students were killed and nine wounded by the Ohio National Guard on the Kent State University campus, while protesting the expanding involvement in the Vietnam War.  It was an avoidable tragedy and while there was bad behavior on both sides, the unwillingness of the protestors to simply obey the law was the problem. 

Americans have a right to engage in 'organized chaos,' but they should remember what Dr. Martin Luther King Jr. said: "Nonviolence is the answer to the crucial political and moral questions of our time; the need for mankind to overcome oppression and violence without resorting to oppression and violence."