Opinion – Bill Straub: In the wake of silence, we might say ‘shut it down, Mitch’ but his (essential) response is ‘I prefer not to’


The contretemps surrounding the fate of Sen. Mitch McConnell brings to mind, sadly, the death of Paul McCartney back in 1966 as a result of a car accident and the efforts of the surviving Beatles to hide the demise of the cute mop top from an adoring public.

The Fab 4, reduced to the Fab 3, took all sorts of steps to mislead the public lest they lose the world-wide acclaim they had achieved. Paul was surreptitiously replaced with a doppelganger and the ruse went on for years.

But there were hints of a subterfuge. In the song “Strawberry Fields Forever,’’ John Lennon is heard distinctly, well, not exactly distinctly, saying, “I buried Paul.’’

The NKyTribune’s Washington columnist Bill Straub served 11 years as the Frankfort Bureau chief for The Kentucky Post. He also is the former White House/political correspondent for Scripps Howard News Service. A member of the Kentucky Journalism Hall of Fame, he currently resides in Silver Spring, Maryland, and writes frequently about the federal government and politics. Email him at williamgstraub@gmail.com

Then there was the cover of the Abbey Road album depicting Paul walking barefoot – the manner in which some folks are buried in parts of the world, so they say – and out of step with the rest of the band members.

What more proof do you need?

Well, as you may have guessed, the reports of Paul leaving this mortal coil were, to paraphrase Mark Twain, greatly exaggerated. His appearance on the cover of Life magazine finally put the rumor to rest. Paul is, in fact, still with us at age 84 (ironically, the same age as McConnell) and even takes the stage on occasion (catch him with Bruce Springsteen performing “Twist and Shout.’’)

McConnell, R-Louisville, the longest serving Senate Republican leader in history, apparently isn’t as spry as McCartney but there remains no reason to suspect he is dead despite the suspicions and desires of some. Just what sort of physical condition he’s in, however, is open to speculation.

Perhaps he and his wife, Elaine Chao, are dancing in the corridors of George Washington University Hospital like Fred Astaire and Ginger Rogers, though that’s doubtful.

A quick summary:

McConnell has been in frail health for some time. On June 14 he was rushed to a hospital in DC, unconscious and reportedly after a fall. There he remains, going on six weeks later, with hardly any word from him or his office, on the state of his health, when he might be released and when he will return to his Senate duties.

Three people – Senate Republican Leader John Thune, of South Dakota, Sen. John Barrasso, R-WY, a doctor, by the way, and political commentator and McConnell advisor Scott Jennings have all said they spoke with the man and provided an optimistic prognosis.

All of this has resulted in a rather dicey situation, somehow embroiling Kentucky Gov. Andy Beshear and his nascent campaign for the Democratic presidential nomination. After weeks of delay, McConnell issued a statement on July 12, claiming the incident didn’t result in any broken bones, a concussion, a heart attack or a stroke. He did face a short period of pneumonia but that had passed.

Maybe that all is true and maybe it’s just sugar-coating. If he’s in such fine fettle it’s fair to wonder why isn’t he back doing the people’s work. If anyone knows, no one is telling.

In a closely divided Senate, rendered even closer by the recent death of Sen. Lindsay Graham, R-SC, McConnell’s presence, if he’s up to it, is needed to address all sort of matters, ranging from additional funding for the Iran debacle to President-cum-Dictator Donald J. Trump’s effort to give him total control over the nation’s voting system. But there’s no word from McConnell when or even if he might return.

This is typical McConnell. He has never proved forthcoming about any matter and he has always placed his self-interest ahead of everything and everyone else. He’s playing by his own rules, essentially exhibiting little concern that he is forestalling the Commonwealth, and the nation for that matter, from receiving their full and necessary representation.

Shut it down, Mitch. Shut it down.

Under Kentucky law, Beshear is prohibited from appointing a temporary replacement, limited only to setting a date for a special election. But Beshear apparently maintains a section of Kentucky’s 1891 Constitution provides him with the authority to fill vacancies involving statewide elected offices. That, perhaps, explains why McConnell is playing yet another stupid political game, fearing Beshear might prevail in court and appoint a Democrat.

Regardless, McConnell, who is not seeking re-election in November, should resign and retire early. But the chances of that are slim and none and, as the saying goes, slim has left the building.

There is the looming question of Senate Rule VI, which states “No Senator shall absent himself from the service of the Senate without leave.’’ McConnell’s office hasn’t revealed whether such an official leave request has been sought. Even so, questions exist regarding what penalty might be invoked in case of a violation.

Now, despite McConnell’s mishandling of the situation, a lot of people are chiding Beshear for insufficient belligerence and forcing the issue as is McConnell has somehow forfeited the position. Some maintain his failure to aggressively confront the situation raises doubts about his ability to serve as president, should he choose to run.

Such analysis fails to come to grips with the fact Beshear ain’t holding any cards in this game. He maintains absolutely no power to officially address the matter, other than to express dissatisfaction.

There exists a faction within the Democratic faithful who want Beshear to assume the persona of Captain America, bang down the hospital room door, grab McConnell by the shirt collar and demand he return to the Senate or else.

But Beshear has done all he can do without a death certificate or some official finding in hand that establishes that McConnell is non compos mentis. He sent a letter to the senator on July 8, noting, “Over the last several weeks, Kentuckians have grown increasingly concerned about the current state of your health and wellbeing, and ability to hold office in the United States Senate. As Governor, I request that you fully update Kentuckians regarding the current status of your health.”

Neither McConnell nor his staff has seen fit to respond.

McConnell is not the first lawmaker to stubbornly maintain his or her seat despite obvious factors that render the ability to serve impractical. If a senator becomes incapacitated there is no clear constitutional or federal statutory mechanism to remove that senator or declare the seat vacant. Senators tend to hold on to their seats for dear life unless they die, resign or are expelled.

It’s too late to address the current McConnell situation but Congress needs to develop a means to go about removing members who, for some reason or another, prove simply incapable of fulfilling their requisite duties. The late Sen. Strom Thurmond, R_SC, was 99 years old in 2001 and not exactly in the pink while holding down the position of Senate President Pro Tempore, which placed him fourth in line to the presidency.

It’s not a partisan issue. Sen. Diane Feinstein, D-CA, was 90 and still serving in the Senate when she died in 2023. She faced, and rejected, calls for her to reyire during her final months in office where, at times, it was said she didn’t always know where she was.

Now it’s McConnell’s turn. He has become Washington’s version of Bartleby the Scrivener.

Bartleby is the protagonist of one of America’s greatest short stories, penned by Herman Melville of Moby Dick fame. Bartleby accepts a clerk’s job in a Wall Street law office and performs his duties adequately until one day he refuses to perform any work, responding to orders with the phrase, “I would prefer not to,’’ a Wall Street lawyer hires a new clerk, who, after an initial bout of hard work, refuses to make copies or do any other task required of him, responding to any request with the words "I would prefer not to.’’

Thereafter, Bartleby spends most of his time staring out office windows at a brick wall, responding to all requests with, “I would prefer not to.”

Eventually, it’s discovered that Bartleby is living in the law office and tensions mount among the other workers. The lawyer moves his business to another location, leaving Bartleby behind. He is arrested, thrown in the Tombs and dies.

McConnell has been asked to answer certain questions about his current condition, his short-term outlook, when he intends to return to work and if he intends to serve put the remainder of his term.

The response? “I would prefer not to.’’

Ah Mitch! Ah humanity!