
U.S. Sen. Jerry Moran speaks at an April 4, 2024, cybersecurity conference at the University of Kansas. (Sherman Smith/Kansas Reflector)
Dear Jerry:
We go back decades, to law school days when we were figuring out where to head with our careers. After graduation, I was glad to join you at the Stinson law firm in Kansas City, where we learned about law practice and you met your wonderful wife, Robba.
We have remained friends, though not always in touch after I moved into a nonpartisan career as a judge, and you — obviously — were not in a similar mode. (Reader: I left the bench in 2020, so I am now free to comment on public events.) So much about what you have done in your career is admirable. As the congressman from the Big First, you made sure that you visited every county, even ones with only 2,000 residents, for a town-hall-style meeting every year. Even now, you don’t hide, and you have committed to continuing your public presence.
We disagree about lots of things, and that’s fine. I’m a Democrat; you’re a Republican. On many issues, I don’t expect we’ll agree. But I think we’ve always agreed on many of the big-picture things: The United States should be the leader of the free world, and it should keep its word when commitments are made. Just as Kansans do locally, the United States should help others when they are in need and we can help. We should follow the rule of law, and everyone should be treated equally in our justice system.
You’ve often spoken about things like this. Last week, you’ve spoken in support of Ukraine and free trade.
But this is a time when more than words are needed from our leaders.
While you spoke about support for Ukraine, the Trump administration voted against a United Nations resolution condemning Russia’s invasion of Ukraine; we voted with Russia, not Ukraine and our European allies. The Trump administration canceled a U.S. Agency for International Development grant to fix the Ukrainian electrical grid, which is under constant Russian attack, then “paused” military support for Ukraine, and now has stopped sharing vital intelligence information.
While you spoke about free trade, the Trump administration instituted large tariffs against two of our closest allies, Canada and Mexico, making a mockery of free trade in North America — something that you have said is clearly in the interest of Kansans (and the national interest too).
There’s much more going on. Let’s take two recent decisions:
- Originally listing 443 federal properties for sale, including the headquarters for the FBI, the Justice Department, the Labor Department, and the Red Cross — plus one of the buildings occupied by the Agriculture Department.
- Canceling leases on buildings for other key governmental services, such as the NOAA Center for Weather and Climate Prediction headquarters in Maryland. Presumably, the administration plans to move various offices around the country.
That’s not about good management. No good manager, within two months of taking over a business, would do something like that unless the business was in bankruptcy. Nor does it make sense to sell buildings when the administration just ordered federal employees to return to work in person.
Consider the treatment of federal workers. Like you and me, they chose to work in the public sector because they wanted to do something good for their country. They deserve our thanks, not indiscriminate firings and requests to move all over the country as the buildings they work in are sold out from under them. And if there are more government workers than we need, they deserve a decent exit, not an email to clear out their desks in 30 minutes (or less).
But there’s more here that’s worth fighting for — our justice system, our national security and our place in the world.
President Donald Trump pardoned more than 1,500 people for Jan. 6, 2021, offenses, including those who entered with a weapon and assaulted police officers. One could imagine pardoning some of the nonviolent offenders, even though they committed federal offenses. But pardoning violent offenders who attacked police officers? That was a betrayal of justice and the rule of law. Nor was the rule of law involved when the Department of Justice argued in recent court pleadings that the Jan. 6 pardons covered unrelated offenses, like unlawful possession of guns and classified documents at defendants’ homes in California and Florida.
Someone interested in running the military in the national interest does not come in and fire the chair of the Joint Chiefs of Staff, the top naval officer, and the second in command of the Air Force unless there has been some malfeasance or refusal to follow lawful orders. Nor do you fire the top legal officers in the Army, Navy, and Air Force if you want to uphold military discipline and order.
You and I both know the type of people who reach positions like that. Our law school classmate, Maj. Gen. (Ret.) Clyde J. “Butch” Tate II, a Leavenworth native, was the No. 2 person in Army JAG before he retired. He’s a perfect example of the type of person who gets to that level: honest, highly capable, patriotic and a leader. I have not talked with Butch about any of this. I mention him only to say that we both know the type of people who were fired here. And it wasn’t about their job performance.
Nor was the cancellation of nearly all USAID foreign assistance about performance or efficiency. Despite Congressional appropriations of funding vital to people throughout the world, that aid was simply turned off. Kremlin spokesman Dmitry Peskov now says that President Trump’s foreign policy closely aligns with Russia’s. That’s not the America that you and I want. That’s not the America most Kansans want. And it’s not the America that most people voted for, whether they voted for Trump or for Kamala Harris.
You have held elected public office since 1989, and you have been a United States senator since 2011. You were the campaign chair for Republicans in 2014 and led the party back to the majority with a gain of nine seats. You have earned political capital throughout your career.
Now is the time to use it.
As a United States senator in a 53-47 majority, you have power. Please use it. Fight for justice, for the rule of law, for honoring our international commitments and real interests, and against chaos.
Stand against the erosion of justice. Defend the rule of law. Demand accountability for those who attack our democracy. Push back against reckless foreign policy decisions that weaken our national security and embolden our adversaries. Fight for Kansas farmers and businesses by rejecting damaging tariffs on our closest trading partners. Speak out against the politicization of our military leadership and federal agencies.
Our nation needs principled leadership. You have spent your career building trust across the state and in Washington. Now is the moment to prove that principle still matters more than partisanship.
If not now, when?
Steve Leben is a law professor and a former Kansas state appellate judge. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.