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A Very Early Response to the Mueller Report

25 March 2019 at 12:55

Yesterday afternoon, Attorney General William Barr delivered to congressional leaders his summary of the conclusions of the Mueller report, which he received Friday. You might as well read it yourself, because it’s only four pages long. Key quotes:

The report does not recommend any further indictments, nor did the Special Counsel obtain any sealed indictments that have yet to be made public.

The report outlines the Russian effort to influence the election and documents crimes committed by persons associated with the Russian government in connection with those efforts. … The Special Counsel’s investigation did not find that the Trump campaign or anyone associated with it conspired or coordinated with Russia in its efforts to influence the 2016 presidential election … despite multiple offers from Russian-affiliated individuals to assist the Trump campaign.

The Special Counsel did not draw a conclusion — one way or the other — as to whether the examined conduct [of the President] constituted obstruction. … The Special Counsel states that “while this report does not conclude that the President committed a crime, it also does not exonerate him.” … Deputy Attorney General Rod Rosenstein and I have concluded that the evidence developed during the Special Counsel’s investigation is not sufficient to establish that the President committed an obstruction-of-justice offense.

[M]y goal and intent is to release as much of the Special Counsel’s report as I can consistent with applicable law, regulations, and Departmental policies.

A few things worth noting.

1. Once Mueller found that Trump was not involved in the original crime, obstruction became harder to establish. Barr reviews the three factors needed to prove obstruction:

  • “obstructive conduct”, i.e., doing something that impedes the investigation
  • “nexus to a pending or contemplated proceeding” i.e., not just making investigators’ lives difficult in some generic way, but disrupting an effort aimed at charging some particular crime
  • “corrupt intent”

All three have to be present in the same action. So while it’s undeniable that Trump has been undermining the investigation in all sorts of ways, proving in court that a particular action was done knowingly to prevent investigators from reaching a particular outcome might be difficult. If Trump had been involved in the Russian conspiracy, then the corrupt intent that he not be caught would be obvious.

Mueller apparently thought that judgment was beyond his pay grade, so he gathered the evidence and kicked the decision upstairs, where Barr and Rosenstein decided there wasn’t enough to prosecute. The issue of whether a sitting President can be indicted didn’t come up, because the process didn’t get that far.

2. The “applicable law, regulations, and Department policies” that could prevent parts of the report from becoming public have to do with the rules that prevent abuse of the grand jury process. This is not a phony issue, because theoretically a prosecutor could use a grand jury to dig up all sorts of non-criminal dirt about somebody — including speculative testimony that isn’t corroborated by any other evidence — and then publish it.

That said, the regulations themselves could be used to cover up stuff that the public ought to know. We’ll have to see how this plays out.

3. So far, the process seems to be working, despite fears on both sides. On the one hand, Mueller was allowed to finish his work and write a report, which (so far, at least) the Attorney General seems to be handling in a responsible way. On the other, there’s no sign of the “witch hunt” by “angry Democrats” that Trump has been ranting about.

4. If it’s really true that Trump didn’t conspire with the Russians to get elected, that has to count as good news.

5. One reason the Trump-conspired-with-Russia theory has been so persuasive was that it explained a number of things that otherwise seem mysterious: Why did so many of Trump’s people have contacts with Russians during the campaign? Why did they lie about those contacts later? And why has Trump been so subservient to Vladimir Putin since taking office?

If Trump didn’t conspire with Russia to get elected, those mysteries don’t go away, and they require some alternative explanation. The first could possibly be pinned entirely on Russia: Putin’s people tried really hard to infiltrate the Trump campaign, so they approached anybody they could. But the second still seems mysterious to me. Why, in particular, did Michael Flynn need to lie to the FBI about conversations during the transition concerning sanctions against Russia? Why did Jared Kushner leave his conversations with Russians off his security clearance form?

And then there’s the mystery of Helsinki. What makes it impossible for Trump to disagree with Putin in public, even when all his intelligence services tell him something different than Putin is saying? Does it have something to do with Russian money that has gone into Trump’s real estate projects in the past? Is it related to prospects for future Trump Organization profits? Congress needs to pursue this.

The Monday Morning Teaser

25 March 2019 at 12:20

We’re in a particularly strange part of the news cycle: The Mueller Report is finished, but we don’t really know what it says yet. We have a four-page summary by Attorney General Barr, which came out yesterday, but does not completely answer our questions. Barr says he’ll release as much as he can of the rest of the report, after he has combed it to protect the integrity of the grand-jury process. We’ll see if that happens, how long it takes, and whether Barr decides to err on the side of transparency or hide as much as he can get away with.

In the meantime, we have the summary to digest: no further indictments or sealed indictments, a conclusion that Trump was not a conspirator in the Russian effort to make him president, and a decision by Barr that evidence of obstruction of justice (which Mueller collected, but did not make a recommendation about) does not rise to a level that is worth pursuing in an indictment.

I’ll talk about that in one short featured post, which should be out before 9 EDT. The other featured post will be more light-hearted: “Confronting Season-Change Denial”, which makes an analogy between arguments about climate change and the difficulty New Englanders have convincing each other that spring has really come, with summer to follow. That should be out before 11.

The weekly summary will cover developments in the 2020 race, New Zealand’s fast reaction to the mosque shootings, Trump’s strange obsession with John McCain, the World Happiness Report, and a few other things, before concluding with a marvelous graphic presentation of how the world’s largest cities change through time.

Invaders

18 March 2019 at 16:24

We are experiencing an invasion on a level never seen before in history. Millions of people pouring across our borders, legally, invited by the state and corporate entities to replace the White people who have failed to reproduce, failed to create the cheap labor, new consumers, and tax base that the corporations and states need to thrive. … Mass immigration will disenfranchise us, subvert our nations, destroy our communities, destroy our ethnic bonds, destroy our cultures, destroy our peoples — long before low fertility rates ever could. Thus, before we deal with the fertility rates, we must deal with both the invaders within our lands and the invaders that seek to enter our lands. We must crush immigration and deport those invaders already living on our soil. It is not just a matter of our prosperity, but the very survival of our people.

The Manifesto of Brenton Tarrant
explaining why he killed 50 Muslims in Christchurch, New Zealand

Last month, more than 76,000 illegal migrants arrived at our border. We’re on track for a million illegal aliens to rush our borders. People hate the word “invasion,” but that’s what it is. It’s an invasion of drugs and criminals and people.

President Trump,
explaining his decision to veto the bipartisan Congressional resolution
terminating the state of emergency he declared in order to build his wall

This week’s featured post is “Fear of White Genocide: the underground stream feeding right-wing causes“.

This week everybody was talking about white supremacist terrorism

50 people were killed and another 41 injured in shootings at two mosques in Christchurch, New Zealand on Friday. One man has been charged with murder, and two other suspects have also been arrested.

The suspect, Brenton Tarrant, live-streamed 17 minutes of the massacre on Facebook, and had previously published a manifesto on 8chan. I look at the manifesto in the featured post.


Josh Marshall echoes my feelings about how Trump responded:

He gave a generic condemnation of the massacre in Christchurch, New Zealand and then proceeded to give a meandering speech about foreign “invasion”, i.e., immigrants “rushing our border”, calling them “murderers and killers”. In other words, moments after denouncing the massacre he went on with a lie-laden screed much of which was indistinguishable from the attacker’s manifesto.

and the college admissions scandal

As so often happens when some illegal plot is uncovered, it turns out that the bigger scandal is what people do legally every day.

As it stands now, well-to-do families can game the college admission process in a lot of ways, and there’s no consensus about where to draw the line. Of course parents who can afford it move to the upscale school district that will give their kids the most advantages. From there, families with money can spend it on courses that will pull up SAT scores, producing an additional advantage over students too poor too afford such courses, as well as those too poor even to retake the test. At an elite high school, you can make the varsity team in sports that inner-city public-school kids may never have heard of, like water polo or lacrosse. Ivy League schools have teams in such sports, so you might get recruited as an athlete, increasing your chances further.

Maybe Mom or Dad is a good writer who can coach you on writing a convincing college-application essay, or maybe they’ll get frustrated with you and just write it themselves. They can even hire a consultant to design your whole high school career, so that your resume will look good to Ivy League schools. Activities originally envisioned as opportunities to find yourself — sports, theater, music, student government, community service — instead teach you to manufacture a persona that will be attractive to those who will judge you. Or your wealthy parents can help you fake that career, bribing teachers and coaches to back up your story, or paying proctors to look the other way when a smarter kid takes a test for you.

Those last things are illegal, but you crossed the line into unfair a long time ago. But where, exactly? What’s cheating, and what’s just doing right by your child? How are you going to feel as a parent if you challenge your sons or daughters to make it on their own, and then you see less deserving kids vault over them?

One corrosive idea in the background of all this is that getting onto the right track is more important than learning the virtues that a meritocratic system is supposed to nurture and reward. Getting degrees is more important than developing talents. High test scores matter more than the knowledge the tests are supposed to measure. Education is not a thing of value in itself, it’s a gate to get through any way you can.

and  the first significant Republican rebellion against Trump

The Senate took two moves to oppose Trump this week.

Thursday, 12 Republicans crossed over to vote with the Democrats on the resolution to terminate Trump’s national emergency declaration. The emergency is still in effect though, because Trump vetoed the resolution. There weren’t enough votes in either house to overturn a veto, so now the issue is up to the courts.

This issue gave senators a clear choice between supporting Trump and defending Congress’ constitutional power to control spending. The 41 Republicans who supported Trump should be reminded of this every time they try to pose as defenders of the Constitution. That ship has sailed and they chose not to be on it.

One interesting fact about who sided with Trump against the Constitution: Republicans who are up for re-election in 2020. Among that group, only Susan Collins voted for the resolution. Thom Tillis of North Carolina had a particularly bizarre performance: He had explained in the Washington Post why his principles required him to vote for the resolution, and then he voted against it. I guess we know what his principles are worth now.


Wednesday, the Senate voted 54-46 to end US aid for Saudi Arabia’s war in Yemen. The resolution is virtually identical to one passed by the House in February, so some Yemen resolution should soon be headed to the White House, where Trump is expected to veto it. The Senate had previously passed a Yemen resolution in December, when Republicans still controlled the House; then-Speaker Paul Ryan refused to let the House vote on it.

The resolution invokes the War Powers Act of 1973, which puts a time limit on conflicts not approved by Congress. In the unlikely event that Congress could override Trump’s expected veto, there would undoubtedly be a battle in court over the constitutionality of the WPA, which both Congress and the White House have danced around since 1973. Presidents of both parties have held that the WPA intrudes on the President’s constitutional power as commander-in-chief, while supporters of the WPA have held that it reclaims Congress’ constitutional power to declare war. (Significantly, the WPA itself was passed over President Nixon’s veto.)

The Yemeni War started in 2015, when Houthi rebels deposed President Abdrabbuh Mansur Hadi, who fled to Saudi Arabia. The Saudis have been trying to restore him to power ever since, while the rebels are believed to be armed by Iran (though both the Houthis and Iran deny this). Since the Obama administration, the US has provided logistic and intelligence support for the Saudi forces, but US troops have not been involved in the fighting.

Increasingly, the Yemeni War is seen as a humanitarian disaster. National Interest sums it up:

Four years later, the Saudis have failed to disgorge the Houthis from the capital city or make significant inroads in the country. The deaths from direct violence and the Saudi bombing campaign are inconclusive but are estimated at over 50,000 people. Before the intervention, Yemen was the poorest country in the Middle East and had to import over 90 percent of its food supplies. A Saudi naval blockade along its coasts has led to a man-made famine with up to fourteen million people on the brink of starvation. The lack of nutrition and the destruction of health- and water-related infrastructure due to the bombing has led to the largest outbreak of cholera in modern history, with 10,000 new cases a week. It is the worst humanitarian crisis happening in the world.

Saudi Arabia has become a source of conflict between Trump and Senate Republicans. The Trump administration has identified itself with Saudi Crown Prince Mohammed bin Salman (MBS), a friend and possible financial patron of Jared Kushner, and Trump himself has accepted MBS’ improbable claim of innocence in the murder of Washington Post journalist Jamal Khashoggi. In December, the Senate passed a resolution condemning MBS’ role in the murder.


The killing of Khashoggi now appears to be part of a much larger scheme to silence critics of MBS.

and gun control

The Connecticut Supreme Court rejected a lot of the claims that parents of Newtown massacre victims raised against the company that manufactured the weapon, but it left one tantalizing avenue open: wrongful marketing. The claim is that Remington advertised the Bushmaster rifle in a way that encouraged its illegal use.

The case is still far from won, but it does get to go to the discovery phase. That means plaintiffs can look at the Remington emails and internal memos concerning the Bushmaster’s marketing, which might be very embarrassing for the company.

and you also might be interested in …

Beto is in, Sherrod Brown is out. Now we’re mainly waiting on Joe Biden’s decision to complete the field. (I refuse to devote serious attention to this race until we have a complete field.) Beto’s first campaign event was in Keokuk, Iowa, the next town up the river from Quincy, Illinois, where I grew up. So I watched the video wondering, “Why haven’t I ever been to that coffee shop?”


One way to defuse criticism about lack of experience is ignore it and to do your job at a high level. In Congress, that means Investing time in researching the issues, so you can ask questions that are smart and pointed rather than just showy. Here, second-term Rep. Nanette Barragan of California nails Homeland Security Secretary Kirstjen Nielsen about the Trump administration’s illegal policy of turning away migrants seeking asylum.

And here, freshman Rep. Alexandria Ocasio-Cortez of New York grills Commerce Secretary Wilbur Ross about where the idea of adding a citizenship question to the census actually comes from. (This clip was posted by the conservative Daily Caller, so the title seems critical of AOC. But I’m using it because it includes her full questioning of Ross, rather than just the highlights.)


Peter Beinart notes a dog that hasn’t been barking: Most Democrats running for President did not invoke God in their announcement speeches. This is a change from a few cycles ago, when such speeches routinely ended with “God bless America” or some other religious phrase.

A second interesting point: Not long ago, political rhetoric in both parties had an ecumenical slant, with worship of God portrayed as something that united Americans, even if Americans pictured God in divergent ways. Now, at least on the left, religion is more likely to be mentioned as a source of divisions we need to overcome.

Meanwhile, rhetoric on the right has become increasingly sectarian. Republicans uphold Christianity while denouncing Islam (something George W. Bush pointedly refused to do after 9-11: “The face of terror is not the true faith of Islam. That’s not what Islam is all about. Islam is peace.”). On the extreme right, blatant anti-Semitism is common. And while Trump himself on occasion denounces anti-Semitism in general, he has refused to recognize or criticize anti-Semites in his base (like the neo-Nazis who chanted “Jews will not replace us” in Charlottesville), and used anti-Semitic tropes himself in the 2016 presidential campaign.


Remember how Barack Obama hinted that his supporters might riot if he lost? Me neither, because it never happened.

Trump, however, did just that this week:

I have the support of the police, the support of the military, the support of the Bikers for Trump – I have the tough people, but they don’t play it tough until they go to a certain point, and then it would be very bad, very bad.


The New York attorney general’s office isn’t letting go of the Trump Foundation scandal. New York wants Trump to pay $5.6 million “in restitution for spending money from his charitable foundation on business and political purposes”.

and let’s close with something

My favorite performers of anachronistic music do the Pinky and the Brain theme in an early-20th-century nightclub style.

Fear of White Genocide: the underground stream feeding right-wing causes

18 March 2019 at 15:19

The Christchurch shooter’s manifesto is a Rosetta Stone for multiple strains of crazy.


I don’t usually recommend that you read something I totally disagree with, but this week I’ll make an exception: If you have the time, look at the the 73-page manifesto posted by Brenton Tarrant, who apparently killed 50 worshipers Friday at two mosques in Christchurch, New Zealand. If you don’t have quite that much time, just look at the Introduction on pages 3 and 4.

Manifestos of terrorist murderers are usually described in the press as the incoherent ramblings of diseased minds. And perhaps sometimes they are; I haven’t read that many of them. But reading this one struck me the opposite way: The ideas fit together, and once you accept a fairly small number of baseless notions and false facts, everything else spins out logically. What’s more: this ideology links a large number of right-wing notions that we on the left usually imagine as separate pathologies, and either ignore as absurd or argue against in a whack-a-mole fashion.

So I think it’s worth trying to understand.

The assumption in the background. One idea seems so obvious to Tarrant, and presumably to his target readers, that it goes without mentioning until fairly deep in the text: Races are real things. So there is a White race, and its members are united by something far greater than a tendency to sunburn. Whites are a “people” who have a culture. [1] Whiteness is an identity, an Us that exists in an eternal evolutionary war with all the Thems out there.

To Tarrant, there is some essential nature to all the races and peoples.

Racial differences exist between peoples and they have a great impact on the way we shape our societies. … A Moroccan may never be an Estonian much the same as an Estonian may never be a Moroccan. There are cultural, ethnic, and RACIAL differences that makes interchanging one ethnic group with another an impossibility. Europe is only Europe because if its combined genetic, cultural, and linguistic heritage. When non-Europeans are considered Europe, then there is no Europe at all. [2]

Birthrates. There’s a worldwide phenomenon that is fairly well understood: When a society becomes wealthy, educates its women, and gives them opportunities in addition to motherhood, birth rates go down. A woman who has a shot at being a CEO or a cancer researcher may or may not decide to have children, but she almost certainly won’t have 7 or 8 of them. That’s why educating women is seen as a possible long-term solution to the population explosion.

There’s nothing about this phenomenon that is specifically white — it applies equally well to Japan, for example, and countries in Africa have seen the same effect among their educated classes — but European countries (and countries like the US and Australia that were largely settled by European colonists) do tend to be wealthy and relatively feminist. So birthrates are down across Europe. And in the US, recent immigrants of non-European ancestry have higher birthrates than whites.

So largely as a result of their own economic success, majority-white countries tend to have birthrates below replacement level. As economic growth continues, opportunities open up for immigrants, who retain their higher birthrates for a generation or two after they arrive. All over the world, then, majority-white countries are becoming less and less white, with the possibility that whites themselves might eventually become a minority.

One recent estimate has the United States becoming a minority-white country by 2045. As I pointed out in August, we’re-losing-our-country is an old story in the US: Once the US was majority-English, until German immigrants (and Africans brought here by force) made the English a minority. For a while longer, it was majority-Anglo-Saxon, until a wave of Irish, Italian, and Eastern European immigrants put an end to that. Each time, alarmists claimed that the nation was losing its soul — Ben Franklin worried about the arrival of the Pennsylvania Dutch — but somehow America continued to be America.

But now combine the diminishing white population with the conviction that race really means something. Sure, 21st-century Americans can laugh at Franklin’s fear of people who put hex signs on their barns and make all those buttery pies. But now we’re talking about a whole different race. This was a white country, and now it’s being taken over by other races! Other peoples are taking what’s ours, but they’re doing it through demographics rather than warfare.

We are experiencing an invasion on a level never seen before in history. [3] Millions of people pouring across our borders, legally, invited by the state and corporate entities to replace the White people who have failed to reproduce, failed to create the cheap labor, new consumers, and tax base that the corporations and states need to thrive. … Mass immigration will disenfranchise us, subvert our nations, destroy our communities, destroy our ethnic bonds, destroy our cultures, destroy our peoples — long before low fertility rates ever could. Thus, before we deal with the fertility rates, we must deal with both the invaders within our lands and the invaders that seek to enter our lands. We must crush immigration and deport those invaders already living on our soil. It is not just a matter of our prosperity, but the very survival of our people.

Tarrant presents demographic estimates of what will happen:

In 2100, despite the ongoing effect of sub-replacement fertility, the population figures show that the population does not decrease in line with these sub-replacement fertility levels, but actually maintains, and, even in many White nations, rapidly increases. All through immigration. This is ethnic replacement. This is cultural replacement.

THIS IS WHITE GENOCIDE.

If you believe in this demographic invasion that is taking your people’s lands, then it follows logically that there are no non-combatants. People are stealing your country simply by being here.

There are no innocents in an invasion. All people who colonize other peoples’ lands share their guilt. [4]

In particular, children are not innocent. They will grow up and vote and reproduce (probably in large numbers, because “fertility rates are part of those racial differences”). So Tarrant was not worried that he might kill children. The point here is not to kill all the immigrants, but to kill enough to drive the rest out and deter future immigrants from coming.

Few parents, regardless of circumstance, will willingly risk the lives of their children, no matter the economic incentives. Therefore, once we show them the risk of bringing their offspring to our soil, they will avoid our lands. [5]

Why don’t I fear losing my country? As I said, Tarrant’s demographics aren’t wrong, at least in the US. (White nationalists in European countries tend to overestimate how many non-whites surround them. France, for example, is still about 85% white. The prospect of whites becoming a minority there is still quite distant.) So why don’t I, as a white American, feel as alarmed as he does?

And the answer is that I don’t see any reason why non-whites can’t be real Americans. Back in the 90s, my wife and I went to China to support our friends as they adopted a baby girl. That girl is now in her mid-20s, and I have watched her grow up, including seeing her on every Christmas morning of her life. To the best of my ability to judge such things, she is as American as I am. I do not worry in the least that some essential non-American nature is encoded in her genetic makeup, or that her presence is turning America into China. [6]

In my view, America (or Western culture, for that matter) isn’t something that arises from the essential nature of the White race. America is something we do, not something we are. It is an idea that can be shared by anyone who is inspired to share it.

So when I picture that white-minority America of 2045 (which I have a decent chance of living to see), I don’t see it as a country that “my people” have lost. That’s because I already see the idea of America and Western culture being shared by lots of other folks that Tarrant would see as invaders, like, say, Fareed Zakaria, Ta-Nahisi Coates, or Alexandria Ocasio-Cortez. I have faith in the continuing strength of the American idea, which I believe will continue to inspire a majority of Americans well beyond 2045. California, where whites are already less than half population, still feels like America to me.

Assimilation. Tarrant lacks faith in assimilation, because he sees race as having a direct effect on culture. This is a common belief among white nationalists, and many whites who resonate with white-nationalist concerns, even if they don’t identify with the movement.

A frequent complaint on the American right, which you will hear often on Fox News, is that recent immigrants are not assimilating the way previous waves of immigrants did. The data does not bear this out, but it is believed because white-nationalist ideology makes it seem necessary: Hispanics and other non-white immigrants can’t assimilate the way Italians and Poles did, because they aren’t white.

In memory, we tend to forget how long it took waves of European immigrants to assimilate. Whites who can remember their grandparents speaking Hungarian at home are somehow appalled that Hispanic immigrants don’t instantly learn English, or that they form ethnic enclaves (like, say, Little Italy in New York). American Catholics may feel that immigrant Muslims are changing the essential Christian nature of their country, but they forget that America once saw itself as a Protestant nation, and many felt threatened by immigrant Catholics in precisely the same way. (Catholicism was viewed as a fundamentally authoritarian religion that could never adapt to republican America.)

In fact, Catholics from Ireland, Italy, Poland, and other European countries did change America. But America also changed Catholicism. The same thing is happening with Islam.

Anti-democracy. If shared genes are what makes us a people, if immigrants by definition can’t join us, and if my people are in danger of losing their land due to a demographic invasion, then democracy as it is currently practiced — where immigrants gain citizenship and become voters — is just part of the national suicide process. An invasion isn’t something that can be voted on, especially if the invaders are allowed to vote.

Worse, even before the invaders become the majority, democracy has been corrupted by those who hope to gain from the invasion and the “cheap labor, new consumers, and tax base” that it brings. So Tarrant has no love of democracy.

Democracy is mob rule, and the mob itself is ruled by our own enemies.

Until now, I’ve relegated comparisons to American politics to the footnotes. But this is where it needs to come into the foreground. Because several important Trumpian concepts have moved onto the stage:

  • the notion of a unified corporate/government “elite” whose interests are at odds with the American people
  • a fundamental disrespect for democracy
  • the righteousness of violent action if and when the wrong side wins elections.

Trump and his allies have not come out and said openly that democracy is bad, but the notion that gerrymandering, the Electoral College, purging legal voters from voter lists, and various forms of voter suppression are undemocratic carries very little weight with them. The myth that undocumented immigrants vote in large numbers, which circulates despite an almost total lack of evidence, persists as a stand-in for an unspoken underlying concern: that immigrants become citizens and vote legally.

Trump fairly regularly either encourages violence among his supporters or hints that violent action might follow his impeachment or defeat.

All of this makes sense if you believe that democracy is only legitimate as a way for a People to govern itself, and becomes illegitimate when a system designed for a People becomes corrupted by the votes of invaders.

Sex and gender. Tarrant’s manifesto is addressed almost entirely to White men, whom he urges to defend their homelands.

Weak men have created this situation and strong men are needed to fix it.

He has little to say about women, but the implications of his beliefs should be obvious: If the underlying problem is a low birthrate among whites, the ultimate fault lies with white women. Women who let their professional or creative ambitions distract them from motherhood, who practice birth control, abortion, or lesbianism — their failings aren’t just matters of personal morality any more, they’re threats to the survival of the race.

The closest Tarrant comes to addressing this is:

Likely a new society will need to be created with a much greater focus on family values, gender and social norms, and the value and importance of nature, culture, and race.

But it doesn’t take much imagination to picture this new society: It will have fewer opportunities for women, and less acceptance of women in roles other than motherhood. It will also discourage men from abandoning their procreative roles through homosexuality, and will in general support the “traditional value” of separate and unchanging gender roles.

It is easy to see the attraction of this ideology to a variety of crazies, including incels, who have themselves at times become violent terrorists. The same opportunities that have diverted women from motherhood have likewise made them more picky about the men they choose to procreate with, with the result that some men find themselves unable to have the active sex lives they feel they deserve. Incels are already overwhelmingly white, so the attraction of a white-nationalist ideology that would restrict women’s choices should be obvious.

Power and purpose. All of these positions enhance the power of groups that are already privileged: whites, the native-born, Christians, and men. They could be attractive to those groups on that cynical ground alone. But cynicism alone seldom succeeds for long, because the pure quest for power and advantage only inspires sociopaths. The rest may pursue that quest, but never without misgivings.

The charm of an ideology, though, is that it can give power-seeking a higher purpose: I seek these advantages not just for myself, but to save my people from annihilation!

The underground stream. Few American politicians openly embrace white nationalism as a label, even if their views align with it. Even Steve King disclaims the term, and Republicans who share many of his white-nationalist views have felt obligated to distance themselves from him.

At the same time, though, something is motivating them. It is hard to listen to Trump’s litany of falsehoods about the border without wondering what the real justification for his Wall is. Obviously it’s something he doesn’t think he can get away with saying in so many words.

Similarly, it’s hard to see what other ideology unifies the full right-wing agenda: anti-illegal-immigration, anti-legal-immigration, anti-democracy, anti-abortion, anti-birth-control, anti-women’s-rights, anti-LGBTQ, anti-Muslim, anti-black, and so on.

When asked about white nationalist terrorism after the Christchurch shooting, President Trump waved off the problem, saying: “It’s a small group of people.”

Perhaps. Or perhaps it is the ideology that dares not announce itself: Its followers just “know” the truth of it, but can’t say so because of “political correctness”. More and more, white nationalism — and the demographic fear at its root — looks like the underground stream that feeds all the various insanities of the Right.


[1] I discussed and rejected this notion a couple years ago in a piece called “Should I Have White Pride?” The artificiality of “white culture” becomes obvious to me when I start trying to imagine a White Culture Festival: What food would we serve? What traditional costumes would we wear? It makes sense to hold a German Festival or a Greek Festival, but a White Festival, not so much.

[2] The evidence for this impossibility is of the we-can’t-imagine-that variety. If you picture a Moroccan and an Estonian next to each other, they just seem different, at least to Tarrant and his target audience.

But of course, the same is true for any lands that are far apart, even within Europe. Italians seem different from Swedes, when you picture them, but somehow they are all white Europeans. To see if the concepts of whiteness and European-ness have any real substance, you’d want to check what happens at the boundaries. So better questions would be: Could a Greek become a Turk, or vice versa? Could a Moroccan became a Spaniard? Those transformations don’t seem nearly so difficult, and in fact are easier for me to imagine than a Spaniard becoming an Estonian.

But in fact, such transformations happen all the time, particularly here in the United States, where we have a long history of light-skinned blacks passing as white, to the point that after a few generations the shift may be forgotten. If you have a Greek-American immigrant living on one side of you and a Turkish-American immigrant on the other, you might have a hard time telling the difference, either racially or culturally. Both would likely have dark hair and make baklava and strong coffee. Both sets of children will likely be as American as yours.

[3] President Trump agrees with Tarrant about this. On the same day as the 50 murders — and, in fact, during a public appearance that began with his statement of support for New Zealand in dealing with these attacks — Trump announced his veto of the bipartisan Congressional resolution to terminate the national emergency that he intends to use to commandeer money to build his wall. Within a few paragraphs, he went from denouncing the “monstrous terror attacks” in New Zealand to echoing the attacker’s rhetoric.

People hate the word “invasion,” but that’s what it is. It’s an invasion of drugs and criminals and people.

[4] Several people have cited this and many other of Tarrant’s statements as examples of projection. Who, after all, has done more colonizing of “other peoples’ lands” than Europeans? Isn’t that how the US, New Zealand, and a bunch of other places became “White nations” to begin with?

Though accurate, I doubt this observation would unsettle Tarrant. “Guilt” here is a relative concept, and is not related to a universal morality. Of course peoples contest with each other for possession of lands in the evolutionary Us-against-Them struggle for survival and dominance. Of course native peoples should have regarded colonizing whites as invaders and tried to repel them.

[5] There’s a strong resonance here with the Trump administration’s family separation policy. Like Tarrant’s attacks, it is an intentional cruelty whose purpose is to deter future immigrants by threatening their children.

[6] Iowa Congressman Steve King disagrees. He tweeted:

[Dutch nationalist leader Geert] Wilders understands that culture and demographics are our destiny. We can’t restore our civilization with somebody else’s babies.

The Monday Morning Teaser

18 March 2019 at 12:10

When terrorists publish manifestos, I don’t usually read them. They tend to be long, and the people who do read them tell they are rambling and incoherent. But I did read the manifesto of the white nationalist who killed all those Muslims in Christchurch, and I think it’s worth your attention. What struck me is that it actually is coherent: a fairly small number of bad beliefs lead logically to a whole bunch of bad results. What’s more, that ideology links a large number of pathological views that liberals like me often address in whack-a-mole fashion. I think we need to consider white nationalist ideology as an underground stream that unites much of the Trumpist agenda.

With that in mind, in today’s featured post I’ll attempt a deep reading of the Christchurch shooter’s manifesto. There’s still a lot of work to do on that yet, including picking a title, so it may not be out until around 11 EDT. The weekly summary also has a lot to cover — the college admissions scandal, Congress’ rejection of Trump’s emergency, and a few other things — so it may not be out before 1.

With Compassion

11 March 2019 at 16:25

You wanted to separate children and families, and you wanted to do it with compassion?

Rep. Nanette Barragán,
questioning Homeland Security Secretary Kirstjen Nielsen

This week’s featured posts are “Where is Congress’ Center on Climate Change?” and “The Balloon Pops on Trump’s Economic Promises“.

This week everybody was talking about investigations

Last week’s Michael Cohen testimony was just the overture. This week House Democrats started the hard work of investigating the many irregularities of the Trump administration. The NYT runs down the various avenues of investigation.

  • Judiciary Committee (chaired by Jerry Nadler): obstruction of justice and abuse of power.
  • Oversight Committee (Elijah Cummings): hush money payments to Stormy Daniels and Karen MacDougal, and Trump’s over-ruling of the ordinary security clearance process to get clearances for Jared Kushner and Ivanka Trump.
  • Intelligence Committee (Adam Schiff): Russian interference in US elections, as well as undue influence over Trump wielded by Saudi Arabia or other nations.
  • Ways and Means (Richard Neal): Trump’s tax returns.
  • Foreign Affairs (Eliot Engel) (in concert with Intelligence and Oversight): the meetings Trump had with Vladimir Putin with no other Americans present.

Nadel announced a sweeping document request this week, sending letters out to 81 people or entities. However, this set of requests was not as onerous as it might otherwise sound: The Judiciary Committee has started by requesting documents that have already been turned over either to Mueller’s investigation or someone else.

Republicans, who investigated Benghazi eight times and would probably launch a ninth if Hillary Clinton seemed likely to run again, objected to Democrats’ overreach, obstructionism, and waste of time.

Various pearl-clutching folks worry about a public backlash against investigating Trump, similar to the backlash against the Bill Clinton impeachment. But I think that only happens if the investigations are perceived to be making a big deal about nothing, as Republicans often did when Obama was president. It looks to me like there’s so much Something to investigate that Democrats won’t get around to investigating Nothing for a long, long time.


In addition to the investigations focused on Trump himself and the Trump Organization, there are also hearings about the administration’s policies. Wednesday, Homeland Security Secretary Kirstjen Nielsen testified before the House Homeland Security Committee about the general situation on the Mexican border, and in particular about the zero-tolerance policy that has separated immigrant children from their parents. (Full C-SPAN video here.)

Chair Bennie Thompson of Mississippi led off by citing the numerous false statements the president has made to justify his national emergency declaration, and said:

Today, the secretary can choose whether to be complicit in this administration’s misinformation campaign or she can correct the record.

Nielsen tried to do neither; she acknowledged facts (the number of people trying to cross illegally is down substantially since 2000, the great majority of drug smuggling comes through ports of entry rather than across the unwalled parts of the border) without admitting that she was contradicting the President.

Questioned about kids in cages, she got semantic about the definition of a cage. And the kids weren’t kids, they were UACs (unaccompanied minors). I’ll let WBUR’s Steve Almond sum up:

Her performance was among the most chilling spectacles of the Trump era. … What stood out was Nielsen’s robotic manner, her sheer bureaucratic heartlessness. …

Over and over again, legislators asked Nielsen to reckon with the effects of tearing young children away from their parents. Nielsen responded with the kind of bureaucratic doublespeak more commonly associated with fascist regimes — a rhetoric intended to eliminate the moral problem of her own conduct by dehumanizing the children her agency routinely traumatizes.

and Paul Manafort

Trump’s former campaign chairman was sentenced to 47 months in prison, drastically less than the sentencing guidelines (19-24 years, essentially a life sentence for a man about to turn 70) for the crimes he was convicted of. The best response I saw is in a New Yorker cartoon. A couple is in their living room and Trump is on the TV. “On the other hand,” the wife is saying, “four years can seem like a life sentence.”

This sentence results from only one of Manafort’s two trials, the one in Virginia where the judge has consistently seemed sympathetic to him. He still hasn’t been sentenced for his convictions in D.C. The Virginia sentence covers the eight felonies he was convicted of there: five counts of filing false tax returns, two counts of bank fraud (i.e., getting bank loans under false pretenses), and one count of failing to disclose a foreign bank account. According to reports, only one holdout juror prevented his conviction in ten more crimes. The Washington Post described the eight felonies in everyday English:

At a trial last year, Manafort was found guilty of hiding millions he made lobbying on behalf of Ukrainian politicians in overseas bank accounts, then falsifying his finances to get loans when his patrons lost power.

The comparatively light sentence raises three issues:

  • In general, courts treat white-collar criminals with more leniency than street criminals. Manafort is an example of the adage Mario Puzo put into the mouth of Don Corleone in The Godfather: “One lawyer with a briefcase can steal more than a hundred men with guns.” The lawyer will also go to prison for less time. There are a variety of reasons for this: The white-collar criminal has better lawyers, so the government is usually happy just to get a conviction. Also, judges identify more with educated suit-wearing criminals than with lower-class muggers or burglars. Judges find it harsh to put an educated professional in prison, which they see as an appropriate place for low-lifes.
  • The judge at times expressed resentment with what the prosecution was trying to do: convict Mueller of crimes that had nothing to do with Trump or Russia, in order to put pressure on him to talk about Trump and Russia. This is a common enough tactic in organized-crime cases, but Judge T. S. Ellis didn’t like it here. Manafort wasn’t being prosecuted for being close to Trump, but if he hadn’t been at the center of the Trump/Russia scandal, investigators probably wouldn’t have devoted enough resources to his case to prove his crimes, so he probably would have gotten away with all this. You have to wonder how many similar crooks are walking around free. Does that make you feel like Manafort is being treated unfairly, or not?
  • Beyond simple class affinity, Ellis seemed to have a bizarre personal identification with Manafort, crediting testimony that he has been “a good friend” and “a generous person”, and absurdly concluding that Manafort has “lived an otherwise blameless life”. (A person who had lived an otherwise blameless life wouldn’t be awaiting sentence for a different set of felonies in another jurisdiction.) In response, The Atlantic laid out how Manafort’s career has revolved around enabling bad people to do bad things. Even when he wasn’t breaking the law, he was happy to be paid in blood money from the tobacco industry; from Philippine dictator Ferdinand Marcos; from apartheid-funded Angolan generalissimo Jonas Savimbi; and from Putin’s client in Ukraine, Viktor Yanukovych. In short, Manafort is a dyed-in-the-wool villain. Villains may also have friends, and if they sometimes distribute their dubious profits more generously than people whose money comes from honest work, that doesn’t disprove their villainy.

Ellis is a Reagan appointee. It seems sad that we have to mention the political affiliations of judges, but that’s the point our legal system has reached. I don’t know how to explain this sentence without invoking political bias.

This week, Manafort faces another sentencing hearing in the District of Columbia, where he has pleaded guilty to witness tampering and conspiracy against the United States. Judge Amy Berman Jackson (an Obama appointee) has shown him far less sympathy. This is also where his cooperation agreement blew up because he continued lying to prosecutors and may have spied on them for Trump.

Also, Bloomberg reports that New York state is ready to file charges against Manafort if President Trump pardons him for his federal crimes.

At the state level, [New York County District Attorney Cyrus Vance Jr.] is preparing an array of criminal charges. While their full extent isn’t clear, they would include evasion of New York taxes and violations of state laws requiring companies to keep accurate books and records, according to one of the people, who asked not to be identified because the investigation is confidential.


While we’re on this topic, I’m seeing all sorts of speculation about when the Mueller report will come out and what it will say. What if it has some smoking-gun evidence against Trump? What if it doesn’t? What if Trump has AG Barr try to suppress it? I just want to remind everybody: Speculation can be fun, but it doesn’t really matter. Mueller will produce something eventually. The House majority will figure out a way to see the significant parts of it. It will say what it says. At that moment, all the TV-hours and column-inches of speculation will instantly become irrelevant.

So if speculation is a fun game you play with your friends, go ahead. But if it’s making you nuts, you can stop. Reality can take care of itself.

A piece that skirts the edge of speculation, but has value anyway, is Quinta Jurecic’s in yesterday’s NYT. The headline “Will There Be Smoking Guns in the Mueller Report” teases speculation, but the value of the article is in organizing our thoughts about what questions still need answers.

and economic reports

I cover them in one of the featured posts.

and you also might be interested in …

Arizona Senator Martha McSally revealed that when she was in the Air Force, she had been raped by a superior officer. McSally retired as a colonel in 2014.

She joins another Republican senator, Joni Ernst, who said in January that she had been raped in college, and that her husband had assaulted her. Their divorce was finalized in January.


I wish I’d gotten to edit the New Yorker’s article about Fox News: It mixes really alarming stuff with the kind of stuff we’ve come to expect.

The most alarming thing is that Fox had the Stormy Daniels story before the election, and decided not to run it because “Rupert wants Donald Trump to win.” It’s also alarming the way that Fox has merged with the administration, so that sometimes it’s hard to tell who’s leading who. Did the Fox & Friends hosts get an idea from Trump, or did Trump get it from them?

Similarly, people go from Fox to the administration and back, with no clear change of loyalties. It’s all one big operation. “It’s the closest we’ve come to having state TV,” says the University of Virginia’s Nicole Hemmer.

Trump has taken over Fox the way he’s taken over the Republican Party: Both used to represent American conservatism, but there’s really no room in either any more for an anti-Trump conservatism. Reagan conservatism — free trade, pro-NATO, pro-immigration, willing to compromise — is pretty much dead.


Speaking of the Fox/Trump pipeline, former Fox executive Bill Shine is out as White House communications director.


The administration is trying to hassle reporters who tell the American people what’s actually going on at the border.

Customs and Border Protection has compiled a list of 59 mostly American reporters, attorneys and activists who are to be stopped for questioning by border agents when crossing the U.S.-Mexican border at San Diego-area checkpoints, and agents have questioned or arrested at least 21 of them, according to documents obtained by NBC station KNSD-TV and interviews with people on the list.


Looks like the Trump/Kim romance has hit a rough patch. North Korea is preparing a new missile launch.


The collapse of a chain of for-profit colleges that leaves 26,000 students in the lurch illustrates the whole problem with for-profit colleges: They have no mission to educate. Rather than a duty to the students, they have a duty to make money for their stockholders.

The easiest way to extract profit from students who dream about having a college degree is to manipulate government programs: Sell the students a fantasy, get them to max out their student loan potential, and give them as inexpensive an education as will keep the scam going. If and when the whole thing goes belly-up, the scammers keep their profits and the kids are still on the hook for loans.

The wrinkle in this particular collapse is that the collapsing entity is technically non-profit: The Dream Center is a spin-off of a Los Angeles megachurch. It acquired the for-profit Education Management Corporation in 2017 in a transaction the Trump administration approved despite the church’s complete lack of experience in higher education. The original press release said:

As part of the acquisition, the Dream Center Foundation will be converting the EDMC schools into not-for-profit institutions with the intent of investing a percentage of revenue into humanitarian and charitable programs supported by the Dream Center Foundation in Los Angeles and throughout the United States.

In other words: profit by another name. The colleges would be cash cows for other Dream Center programs.

Dream Center showed little inclination to curb the tactics that got Education Management in trouble, like misleading students about their employment prospects. The executives it installed cultivated a high-pressure culture in which profit surpassed all other concerns, according to a report filed last year by Thomas J. Perrelli, the court-appointed monitor overseeing the schools’ compliance with their state settlements.

The students are left with nothing. They won’t get the degrees they were working for. Their credits probably won’t be accepted by any accredited institution. And they still owe on their loans for previous semesters, though this semester’s federal loans will be forgiven under a school-closure program.

Obama tried to shut these scams down, but the Trump administration has relaxed the regulations again.

and let’s close with something aetherial

I’ve been hearing for years that Iceland in winter is a great place to see the aurora borealis, but this display of a dragon and a phoenix are a bit much.

 

The Balloon Pops on Trump's Economic Promises

11 March 2019 at 15:40

The data that came in this week wasn’t terrible, but it was far from Trump’s campaign rhetoric.


It’s hard to know how to respond when Trump sets up a stupid benchmark and then fails to meet it. On the one hand, the failure points out that his policies haven’t done what he expected them to do, because the world doesn’t work the way he thinks it does. But on the other hand, I don’t want to validate the benchmark, because then I’ll start feeling obligated to judge future presidents by it.

Case in point: the mercantile trade deficit, which set an $891 billion record in 2018, despite Trump’s promise to shrink it.

Trump takes a pre-Adam-Smith mercantilist view of trade; if a country sells us more stuff than we sell to them, then they’re “beating” us and we need to do something to stop “losing” to them. The economic reality is a lot more complicated. (The libertarian Cato Institute explained this back in 1998, when a trade deficit of $250 billion seemed scandalous.) True, they might be selling us more because they make better products more efficiently. But it also might be because the strength of the dollar makes our exports look artificially expensive. And the dollar might be strong because people around the world want dollars; they view it as a more secure store of value than their home currency; or they want to invest their savings in the US because the American system has more respect for the rule of law; or for some other reason. Maybe what we’re trading for those refrigerators and TVs is paper, like shares in start-up corporations that pop up in the US because our economy does a better job nurturing such things. And so on.

Also, focusing on the deficit in goods ignores services. So if some country makes our bicycles while we handle their banking and insurance, the mercantile trade deficit may say that we’re “losing”, when in reality we might be trading bad jobs for good jobs.

So anyway, Trump has identified the mercantile trade deficit as a major problem, which it isn’t. When he was campaigning in 2016, he said:

Today, our manufacturing trade deficit with the world is nearly $800 billion. And going up, going up fast. Unless I become president. You will see a drop like you’ve never seen before.

In July, Trump falsely told a crowd:

Thanks to our powerful trade policies, the trade deficit is falling and falling and falling.

The point of all his tariffs and trade wars has been to bring the mercantile trade deficit down, so that we stop “losing” to other countries. But it’s not working, as any economist could have told him ahead of time. In 2018, we also ran a somewhat smaller surplus in services, so the overall trade deficit was $621 billion, the highest since 2008.

That graph should tell you something about our mercantile trade deficit: It went way down in 2009. (It also wasn’t “going up fast” in 2016. That was a lie.) What was happening in 2009? A lot of stuff we wouldn’t want to repeat, like massive unemployment that caused people to stop buying stuff. Also, the price of oil crashed in the Great Recession, so that our energy imports cost less. A lower mercantile trade deficit is not always a good thing.

GDP presents another how-to-cover-this quandary: What should I say when the administration makes ridiculously optimistic predictions, and then the results that come in are just OK?

So, after some delay due to the government shutdown, the 2018 GDP stats are in: The economy grew 2.9%. That’s not bad, and even kind of good when looked at realistically. It’s at the upper range of recent annual growth results. GDP grew 2.9% in 2015, but that was the top mark for the Obama administration. 2016 came in at 1.6%. Under Trump GDP has grown 2.2% and 2.9%.

That would be great if 2.2% and 2.9% were the beginning of an up-trend, but it doesn’t look that way. The CBO predicts 2.7% and 1.9% for the next two years. That’s not what Trump promised.

Throughout the 2016 campaign and since, the president and his party have vowed to kick-start tepid Obama-era economic growth. Specifically, they insisted tax cuts and deregulation would return growth to its post-World War II average of 3 percent — a level, candidate Trump said derisively, that President Barack Obama became “the first president in modern history” never to reach in a single year.

So the Trump numbers are not at all terrible; in fact, they’re about what you’d expect from another two years of Obama, particularly if Congress would have let Obama run the kind of deficits Trump is running.

Jobs. The reason growth projections for the next two years are not as high is that the tax cut isn’t having the kind of structural effect on the economy that its backers claimed. Instead, it has stimulated the economy the same way any deficit-increasing measure does.

February job numbers were outright lousy, but it’s a mistake to make too much of that yet. The economy added 20,000 jobs in February, which is pretty sickly: It has been averaging 100K-300K new jobs per month since the end of the recession.

So if 20,000 is where job-creation is going to be now, or worse, if it’s the start of a down-trend, then that would be worrisome. But as you can see in the graph, the monthly data is noisy. Random fluctuation is more likely than the beginning of a new trend.

But take a closer look at that graph without paying attention to the years on the lower axis: Can you tell where the Obama economy ends and the Trump economy starts? I can’t.

That’s how just about all the economic graphs look. After all the sturm-und-drang we’ve had about tax cuts and tariffs and trade deals, and all the hype about how great the Trump economy has been, the Trump economy mostly looks like two more years of the Obama economy.

Where is Congress' Center on Climate Change?

11 March 2019 at 12:39

A bipartisan duo of centrist senators combine to promote a vague and inadequate agenda. But at least it’s something.


The Green New Deal proposal that AOC and Ed Markey put forward last month almost certainly won’t become law anytime soon. But presumably it also had a second purpose: to move the national debate off the nothing-can-be-done pessimism of the last two years and push other people to offer plans of their own. That effort is already seeing some success. For example, here’s economist Noah Smith’s GND, which largely overlaps with the progressive Democrats’ GND, but shaves off a few of its more controversial economic features — like a federally guaranteed job — and puts more emphasis on research and trade policy, plus a carbon tax.

Fertilizing the collective imagination and keeping pressure on fossil-fuel lackeys to explain why they’re blocking legitimate efforts to preserve a livable planet for future generations — those are two worthy accomplishments. But at some point actual legislation needs to pass, which (at least for the next two years, and probably well beyond) will require just about all Democratic votes plus a few Republicans. What kind of proposal could achieve that anytime soon?

We got an indication this week in the bipartisan op-ed on climate change that Senators Lisa Murkowski (R-Alaska) and Joe Manchin (D-West Virginia) published in the Washington Post. Murkowski and Manchin are both considered centrists in their respective parties, so if there is going to be bipartisan cooperation, this is where you would expect it to start.

Whether you find this piece encouraging or discouraging depends on where you expected the Senate’s center to be. On the optimistic side, the two senators accept the basic science of the problem.

There is no question that climate change is real or that human activities are driving much of it.

They point out that the effects of climate change not just looming in some distant computer-modeled future, but are already affecting their states: floods in West Virginia and shifting fisheries in Alaska.

This is a huge improvement on science-deniers like Senator James Inhofe (R-Oklahoma) or President Trump, who have described climate change as a hoax, or those like Marco Rubio who employ the “I’m not a scientist, but” dodge, or like Joni Ernst who dodge with “our climate always changes”. At least Murkowski and Manchin start by recognizing reality.

From there, though, things get iffy. They position themselves in the center by framing the climate debate as a clash between two equally wrong extremes.

those who support drastic, unattainable measures to reduce greenhouse-gas emissions, and those who want to do nothing.

Three things are wrong with this framing:

  • It fails to point out that more vigorous measures to reduce emissions are “unattainable” largely because people like Murkowski and Manchin won’t get behind them.
  • It ignores the likelihood that “attainable” measures won’t be enough to avoid a climate catastrophe. (If they think attainable measures will suffice, they should state that position openly and defend it.) Think about Winston Churchill in the 1930s foreseeing Great Britain’s coming clash with Nazi Germany: What if he had limited himself to calling for preparations that were “attainable” under the Chamberlain government?
  • The Trump administration isn’t trying to “do nothing”. If only it were. Instead, it’s actively rolling back what the Obama administration accomplished, trying to cut funding for renewable energy, filling the government with fossil-fuel industry activists, and in general doing everything it can to make the problem worse. Doing nothing would be a considerable improvement.

But OK then, what are Murkowski and Manchin proposing? They are the chair and ranking Democrat on the Senate Energy and Natural Resources Committee, where

we are working together to find pragmatic policies that can draw strong and enduring support.

So they support measures that can draw support, whatever those might be. From there, you have to read between the lines to see what they might mean.

The United States leads the world in research and development. Our national labs and universities are working toward the next scientific breakthrough, and private investors are pursuing the next game-changing technology. The United States is at the forefront of clean-energy efforts, including energy storage, advanced nuclear energy, and carbon capture, utilization and sequestration. We are committed to adopting reasonable policies that maintain that edge, build on and accelerate current efforts, and ensure a robust innovation ecosystem.

The impact of developing these new technologies will be felt by Americans from all walks of life, including residents of rural communities and other areas served by older technologies. Transitioning these communities to more efficient forms of energy will provide them with cleaner energy that is also more stable and has lower costs, which will bring about additional benefits.

I read it like this: They’ll appropriate more money for research, in hope of finding win/win solutions that lower carbon emissions without asking for any sacrifice from either industry or consumers. So: no green taxes, no mandates that might force higher efficiency standards, no forced retirement of coal-fired power plants, no firm commitment to a national carbon-emission goal.

Undoubtedly there are at least a few such win/win solutions to be found, and if so, we should definitely try to find them. But I suspect they won’t move us far enough fast enough to avoid the kinds of disasters that will create new deserts, raise oceans, and send tens or hundreds of millions of people looking for new homes. If you have been alarmed by the flood of refugees from Syria or Sudan or Guatemala, wait for Bangladesh.

If you think in terms of what the crisis requires, this isn’t even half a loaf; it’s more like part of a slice. If there is a slice to be gotten, though, we should be sure to get it. Funding new research, after all, is better than stifling research. The trick will be to get the slice without letting the public lose sight of what is really needed.

The Monday Morning Teaser

11 March 2019 at 11:54

It didn’t get a lot of attention on my social-media feeds, but this week Republican Lisa Murkowski and Democrat Joe Manchin co-wrote an op-ed about climate change that appeared in the Washington Post. It’s frustratingly timid and vague, but this appears to be where the center of the Senate is on the issue. So I decided it’s worth looking at in detail. That’ll be today’s featured post, “Where is Congress’ Center on Climate Change?”. It should be out before 9 EST.

The weekly summary has a lot to cover: Democrats launching investigations, Manafort’s light sentence, a string of economic reports that point to a slowing economy, and a variety of other stuff. That should appear around noon.

Not Again

4 March 2019 at 16:38

I’ll tip my hat to the new constitution
Take a bow for the new revolution
Smile and grin at the change all around
Pick up my guitar and play
Just like yesterday
Then I’ll get on my knees and pray
We don’t get fooled again

– Pete Townsend, “Won’t Get Fooled Again

This week’s featured post is “Before We Even Think about Candidates for 2020“. During my week off, I preached this sermon.

This week everybody was talking about Michael Cohen

Two things were striking about Michael Cohen’s public testimony to the House Oversight Committee on Wednesday.

  1. He accused the president of multiple crimes, offered documents to back up his claims, and gave names of people who were also involved.
  2. Republicans on the committee did not rebut any of these claims. With only a few clumsy exceptions (see below) they did not even defend Trump’s character.

Republicans were right, of course, in the observation that Cohen’s word by itself shouldn’t count for much. But that’s not what Democrats are asking the country to believe. They’re going to use Cohen’s account as a road map to assemble supporting evidence. I want to know what Trump’s accountant, Alan Weisselberg, is going to say, and what’s in the tax returns of Trump himself and the Trump Organization.


To anyone outside the Fox New bubble, Republican Jim Jordan and Mark Meadows embarrassed themselves in the hearings. They made crystal clear what House Democrats have been saying for two years: If Trump has done anything wrong, House Republicans don’t want to know about it. [Another thing that’s apparently OK if you’re a Republican: witness intimidation.]

The SNL parody (with Ben Stiller as Cohen and Bill Hader as Jordan) wasn’t far from the truth.

Cohen’s actual comment was dead-on:

I did the same thing you are doing now for 10 years. I protected Mr. Trump for 10 years … And I can only warn [that] people that follow Mr. Trump as I did, blindly, are going to suffer the same consequences that I’m suffering.


Cohen cleared up the question of whether Trump “directed” him to lie to Congress, as BuzzFeed reported and Mueller’s office rebutted: Before his testimony, he had a conversation with Trump in which the President spoke to him “in code“.  [at 2:26 in the transcript]

He doesn’t tell you what he wants. Again: “Michael, there is no Russia. There’s no collusion. There’s no involvement, no interference.” I know what he wants, because I’ve been around him for so long.

Also, Cohen says Trump’s lawyers read and edited his prepared remarks for that hearing, which included the lie.

Many people (including James Comey and Andrew McCabe) have made this observation: In private, Trump talks like a mob boss. This kind of non-specific direction resembles dialog from The Sopranos.


Cohen started his prepared remarks by saying that Trump is a racist. That started a long and silly dispute, in which Rep. Mark Meadows attempted to “prove” that Trump is not racist by producing a black woman who works in his administration. (The woman in question had no background in public housing, but qualified for her position at HUD by working for the Trump family. She is reported to be angling for a role in reality TV.)

Sure, Trump is a racist, but that’s the wrong point to get hung up on, especially given the many definitions of racism and the fact that many people (like me, for instance) admit that we’re pretty much all racists in one way or another.

The more significant fact, the one we can observe directly without trying to see into the man’s heart, is that Trump exploits racism. He supports efforts to suppress the black vote. He makes racist appeals. He is very slow to criticize white supremacists, because they’re a key part of his base. Whenever he needs to get his minions stoked up, he picks a fight with some black athlete like LeBron James or Steph Curry or Marshawn Lynch. (Actually, his biggest critics in the sports world are white coaches: Gregg Popovich and Steve Kerr. But hitting back at them wouldn’t make the racial contrast, so what would be the point?)


While we’re talking about racism, don’t miss this article by Robin DiAngelo, the author of White Fragility. She points to the “racial illiteracy” that is promoted by the notion that racism is an individual attitude (that nice people don’t have), rather than a problem in the very shape of our society.

If I don’t understand racism as a deeply embedded system that I have been shaped by and participate in, my inaction will uphold it.

Given his article, you can read the Mark Meadows episode as an example of her point: Meadows interprets racism as an individual hostility towards blacks, and is offended that anyone would accuse either Trump or Meadows himself of racism. After all, he has nieces and nephews who are people of color, and is friends with the black chair of the committee, Elijah Cummings.

But none of that really matters. Good for him as an individual for consciously accepting his nieces and nephews, but that doesn’t mean racism doesn’t affect his actions, or that his votes as a congressman don’t uphold a racist system.

and the Trump/Kim summit

I wasn’t surprised that nothing came of the summit, but it did surprise me that everyone admitted nothing came of it. Trump is now trying to paint the summit’s failure as an expression of his strength, but it really just reflected the fact that the whole Trump/Kim relationship has been a reality TV show.

In the early part of the week, Republicans and Democrats contrasted Cohen’s testimony with the approaching summit: Which was the news and which was the distraction? Don Jr. laid it out like this:

You got a President trying to deal with a major world issue, and to try to distract – or whatever it is – by bringing in a convicted felon and known liar. I mean, it’s pretty pathetic, but it really shows you how much the Democrats hate Trump.

I interpreted the summit as the distraction, because Trump’s whole approach to North Korea has been more theater than substance. He theatrically exaggerated the threat of war with his “fire and fury” remarks, and then he resolved the self-induced tension with his ridiculous claim that “There is no longer a Nuclear Threat from North Korea.” His statement that “we fell in love” should have made the whole US foreign policy team cringe, and probably did.

In reality, Kim did enough testing to establish North Korea’s nuclear threat, and then paused to play Trump for propaganda points, which Trump gave him. Kim’s people have now seen him meet the American president as an equal, and to refuse to be bullied into giving up his country’s nuclear status. Trump has scaled back military cooperation with South Korea and vouched for Kim’s innocence in the death of American Otto Warmbier (which his family disputes).

In return, Kim hasn’t given up anything. There never was a serious prospect that he would.

and the national emergency

The House passed a resolution voiding Trump’s declaration of national emergency on the southern border. The Senate has to vote on it, and four Republican votes are needed to pass it. This weekend, Rand Paul became the fourth to come out against the emergency, saying:

I can’t vote to give the president the power to spend money that hasn’t been appropriated by Congress. We may want more money for border security, but Congress didn’t authorize it. If we take away those checks and balances, it’s a dangerous thing

He joins Susan Collins, Lisa Murkowski, and Tom Tillis. The vote is expected next week. Trump is expected to veto the resolution after it passes, setting up a legal battle that undoubtedly will be decided by the Supreme Court.

I generally try to rein in my urge to speculate, but I don’t think John Roberts really wants this responsibility. I expect him to look for some way to drag the process out until the point becomes moot.

and the US government taking children from their parents

The House Oversight Committee is looking into the Trump administration policy of separating families at the border. The first hearing was Tuesday. Channel 3000 lists its takeaways:

  • There was no cross-agency mechanism to track children as they moved from the jurisdiction of Homeland Security into HHS.
  • No officials along the way objected.
  • There are thousands of complaints of sexual abuse against minors in custody.
  • Scott Lloyd from ICE (and now a senior advisor at HHS) kept track of pregnant minors in order to block them getting abortions.

The committee is now subpoenaing documents from the Departments of Justice, Homeland Security, and HHS.

and an unusual amount of hypocrisy and projection

Hypocrisy is constant in this administration, so I generally let it go. But this week stood out.

Ivanka Trump went straight from her inherited role in the family business to a job in her father’s White House (that she has no qualifications for). Here’s her comment on Alexandria Ocasio-Cortez’ idea for a federal job guarantee:

I don’t think most Americans, in their heart, want to be given something. I’ve spent a lot of time traveling around this country over the last 4 years. People want to work for what they get.

She is, I deduce, deeply envious of all those people who were born with nothing and have only the things they’ve earned.

Paul Krugman went on to look at the further claim Ivanka made: that people “want the ability to live in a country where there is the potential for upward mobility.”

Ms. Trump is surely right in asserting that most of us want a country in which there is the potential for upward mobility. But the things we need to do to ensure that we are that kind of country — the policies that are associated with high levels of upward mobility around the world — are exactly the things Republicans denounce as socialism.


Allies of President Trump are incredulous that anyone still listens to a person who has lied in the past. White House spokesperson Sarah Sanders:

It’s laughable that anyone would take a convicted liar like Cohen at his word, and pathetic to see him given yet another opportunity to spread his lies.

It’s worth noting that during Michael Cohen’s first opportunity to “spread his lies” to Congress, he was actually spreading Trump’s lies. Fact-checkers estimate that in 2018 Trump averaged 15 false claims per day.


After years of ranting about imaginary voter fraud by Democrats, Trump has nothing to say when an actual absentee-ballot scam by Republicans causes an election to be thrown out.


The same people who object strongly when Rep. Ilhan Omar’s tweets hint at anti-Semitism don’t care at all when she faces blatant Islamophobia.

and books you might want to read

Andy McCabe turns out to be a really good writer. His new book The Threat is worth reading for its content, of course. But McCabe also has a deft hand for including just enough scene-setting details to make his account come alive.

In addition to all the Trump-and-Comey stuff, he also tells the story of the FBI’s role in tracking down the Boston Marathon bombers.


Timothy Carney’s Alienated America is a frustrating book. The first half is really good: He seems to be the kind of conservative who was opposed to Trump (but voted for him over Hillary), and he’s pursuing the mystery of why Trump was attractive to so many other conservatives. He popularizes a lot of good sociology, cuts through some simplistic stuff about the white working class, and comes to a very interesting conclusion: The Trump base, the first supporters who picked him over Jeb Bush and Marco Rubio, were people who were doing well in places that were doing badly. Not the guys dying of opioid overdoses, but the neighbors of guys dying of opioid overdoses.

He then does some more good work to identify what’s wrong with those communities: Their civic institutions have been hollowed out. So when people hit misfortune, they feel like they’re on their own: no churches, no extended family, no union, nothing that anchors a supportive network. People lack social capital, so they respond to the Trump message that the American Dream is dead. (In places that still have social capital, it turns out, the chances for social and economic mobility are much higher, so the American Dream is alive.)

That was all fascinating. And then, very abruptly at Chapter 8, all the data goes away and we’re in Conservative Just-So-Story Land: Local civic institutions were killed off by centralization, and especially by government. Liberal government is hostile to churches, and to anybody but government doing anything for the community. There’s no need for data; just tell a couple of uncheckable anecdotes and rely on the fact that there’s no other way things could be.

A second culprit is hyper-individualism, which is embodied in the sexual revolution, but has nothing to do with the conservative push to replace public schools with voucher-supported private schools, or to turn public-policy decisions over to the market. (Upscale liberal communities, he believes, teach our kids the sexual abstinence we think is judgmental in school programs. He doesn’t know the same teens I know, and hasn’t talked to the people who teach UU sex education.) Mom-and-pop shops are being killed off by zoning rather than the market. The local diner is the kind of “third place” a community needs, but he never mentions the public library.

It’s like a very interesting and intelligent guy wrote the first seven chapters, and then turned the manuscript over to a yahoo to finish.

and you also might be interested in …

Washington Governor Jay Inslee has joined the 2020 presidential race. He is likely to make climate change his central issue.


Great article: “Mitch McConnell, Republican Nihilist“.

there is only the will to power. He is a remorselessly political creature, devoid of principle, who, more than any figure in modern political history has damaged the fabric of American democracy. That will be his epitaph.


The mainstream media loves Democrats-in-chaos stories like this one from the Washington Post. But nothing in this story sounds alarming to me: Moderate Democrats from swing districts sometimes vote with Republicans to amend bills that more liberal Democrats want. The progressive wing of the Party may challenge the notion that those districts really are that conservative, by running primary candidates who are more liberal than the current Democratic representative.

That’s all as it should be. Neither the moderate votes nor the threat of progressive primary challenges sound like betrayals to me. A healthy party has these kinds of debates.


Now it’s the Methodists’ turn to fracture over LGBTQ issues.


No charges will be filed in the Stephon Clark case. Clark was an unarmed 22-year-old black man who was shot by Sacramento police in his grandmother’s back yard.

The officers fired their weapons 20 times in Mr. Clark’s direction within seconds of turning a blind corner. “Both officers believed that he was pointing a gun at them,” Ms. Schubert said. She added that police video showed Mr. Clark was “advancing” on the officers.

Mr. Clark was later found to be unarmed; his cellphone was found under his body. An autopsy released by the Sacramento County Coroner’s Office in May found at least seven bullets had hit Mr. Clark.

A comprehensive analysis of police video footage by The New York Times found that gunfire continued after Mr. Clark had fallen to his hands and knees. Six of the seven shots most likely hit Mr. Clark as he was falling or was already on the ground, according to The Times’s analysis. Three minutes passed after the shooting before police officers identified themselves to Mr. Clark, and he did not receive medical attention for six minutes.

So Clark was someplace he had every right to be, holding his phone and “advancing” towards a corner police had not turned yet. Whenever I hear about such cases, I imagine myself trying to raise a black teen-ager. What do you tell him to do or not do, so that he can avoid getting killed like this?

and let’s close with something we’ve seen far too often already

Namely: a trailer for a movie where a white person plays a key role in black progress.

Before We Even Think about Candidates for 2020

4 March 2019 at 15:05

We already know how Trump is planning to beat us. Let’s go into that battle with open eyes.


President 46%. In 2016, Donald Trump was elected president with 46% of the vote, beating a Democrat who got 48%. As he was being inaugurated, he briefly benefited from the wave of hope and goodwill that greets all presidents, and for about two weeks his approval/disproval rating was positive.

He quickly dissipated all that goodwill: He gave his scary “American carnage” inaugural address. We saw the flock of shady billionaires, fossil-fuel industry puppets, and alt-right provocateurs he had appointed to high office. Sean Spicer angrily told us that we didn’t really see all that empty space on the National Mall during Trump’s inauguration, and Kellyanne Conway coined the phrase “alternative facts“. Then Mike Flynn resigned under a cloud that had something to do with lies about Russia, the Trump family kept openly profiting from his presidency, and by April his approval was below 40%. It has fluctuated in a 37%-43% range ever since.

Whatever he says or does, or how well or badly things are going, that’s how much support he has. The unemployment rate hits record lows and the stock market record highs, but he can’t get over 43%. He all but kneels to Vladimir Putin, refers to Nazis as “very fine people”, puts kids in cages, and is identified in as a conspirator in a crime Michael Cohen has already been sentenced to prison for, but he doesn’t go under 37%.

There’s a good reason for that narrow range: Unlike all previous presidents (at least since World War II; I’m kind of hazy on the presidents before FDR), Trump continues to serve up the rhetoric his base wants to hear, and doesn’t even try to speak to the nation as a whole. Most of the things he says are easily recognized as false or nonsensical as soon as you leave the Fox News bubble. (The Washington Post fact-checker estimates that during 2018 Trump averaged 15 false or misleading statements per day.) But inside that bubble, he is a prophet; he says the (untrue) things that no other president has ever had the courage to say. Every bad claim people amke about him originates from a conspiracy between the Deep State and the Fake News Media, who are “enemies of the American people“.

Unlike, say, Bill Clinton reforming welfare, George W. Bush working with Ted Kennedy on education policy, or Barack Obama offering a “grand bargain” on the federal deficit to John Boehner, Trump has never given Democratic leaders the slightest reason to hope that they might achieve their goals by working with him. Every gesture towards compromise — like the DACA-for-Wall deal Trump said he wanted or the job-creating infrastructure bill he promised — turns out to be a mirage that evaporates in the light of day. Fundamentally, Trump doesn’t accept the premise of a win/win outcome; in order for him to believe he has won, his opponents have to lose.

Even worse, he seems to take joy in trolling groups that oppose him. He never misses an opportunity to smear Latino immigrants. He makes up derogatory nicknames (like “Pocahontas” or “Cryin’ Chuck”) for U.S. senators. Whenever he needs to rile up the racists in his base, he picks a fight with some black celebrity like LeBron James or Spike Lee. (Try to remember any previous president of either party trading insults with a celebrity outside of politics, no matter what opinions they expressed.) He refers to black-majority nations as “shithole countries“, and contrasts them with countries he’d like more immigrants from, like Norway. He encourages police to be more violent with suspects.

So how does Trump plan to win? That kind of behavior raises an obvious question: How does Trump think he’s going to get re-elected? Something like a third of the country may worship him. (Literally. It’s not uncommon to run across people saying that Trump was chosen by God to be president.) They may indeed be so devoted that they don’t care if he stands “in the middle of 5th Avenue and shoots someone”, much less if he violates campaign finance laws or commits bank fraud or is a ventriloquist’s dummy for Putin.

But how do you win an election if you don’t do anything to grow a base that’s barely more than a third of the country?

Answer — the same way he did in 2016. Eezy-peezy: Rile up your third of the country so that they’re sure to vote (and depress the rest of it so that they’re not), making them maybe 40% of the electorate. Get another 6% to hold their nose and vote for you because they’re scared of your opponent. Encourage (maybe with some social-media help from Russia) 5% or so to vote for third-party candidates who have no chance to take any of your states. (Howard Schultz has already volunteered for that role.) Then count on the Electoral College to install you in office even though your opponent has more votes.

That would sound like one of the Brain’s plans to take over the world, if we hadn’t just seen it work.

Let’s not get fooled again. If you know the trap your enemy is setting, the obvious counter-strategy is to refuse to walk into it. Since the trap is two-pronged (motivate his voters, depress and split ours) we should look for two things in a potential Democratic challenger:

  • Someone who raises progressive enthusiasm, so that marginal Democratic voters (especially non-whites and young people) are drawn to the polls.
  • Someone who doesn’t scare Republican voters outside Trump’s base (especially educated suburbanites and moderates) into supporting him.

The problem: While those two are not directly contradictory, they do generally point in opposite directions. A candidate with sweeping progressive proposals (like Bernie Sanders) tends to scare the Right, while a “safer” candidate (like Joe Biden) may leave low-motivation voters wondering why they should bother.

Moving either way increases the third-party threat. In 2016, Jill Stein got votes from people who would have voted Democratic if Bernie had been the nominee. But Schultz has openly said that his motivation to run as a “centrist” arises from fear of Democrats nominating a progressive like Sanders or Elizabeth Warren.

Trumpists are preparing for either possibility. You can bet that any moderate candidate will face the same kinds of attacks “Crooked Hillary” did: He or she is a tool of the powerful special interests that are threatened by Trump’s attack on the Deep State. But CPAC (over the weekend) was a testing ground for attacks on progressives: They want to turn the US into Venezuela and even take away your hamburgers. The Green New Deal, Trump summed up, means “No planes. No energy. When the wind stops blowing, that’s the end of your electric.”

Any Trump challenger will face personal attacks that make him or her seem uniquely horrible. (“I mean, I don’t like him either, but couldn’t the Democrats have picked somebody else?”) It doesn’t really matter that the charges be true, only that they take time to refute. We’ve already seen this with Warren and the Native American issue. (Lots of people are convinced she made up her native ancestor in order to take advantage of affirmative action. There is zero evidence for this, but the issue never goes away.)

I think progressives underestimate the effectiveness of this kind of stuff, largely because Bernie never had to face it in 2016. (Republicans were counting on him to wound Hillary, so they mostly laid off of him, portraying him as a good guy with some wacky notions. Trump would occasionally cry some crocodile tears about the raw deal Bernie was getting.) It’s a mistake to draw the conclusion that Bernie was shielded by his fine moral character. Anyone can be lied about, and it’s usually not that hard to find some factual foundation to build a lie on. In a sufficiently large cloud of lies, the many absurd charges (think Pizzagate) can seem to support each other. (“I don’t know. It just seems like there’s something wrong there.”)

Don’t help him. The most important thing Democrats can do is to avoid slandering their front-runners. We need to make sure that candidates have answers for any serious questions that are bound to come up eventually, but attacks on a candidate’s fundamental honesty and decency shouldn’t be tossed around lightly.

So it’s fine to ask why Amy Klobuchar doesn’t support Medicare-for-All, but not to jump to the conclusion that she’s a tool of the insurance companies (unless you really know something). It’s fine to wonder how Bernie will pay for his proposals, but not to accuse him of trying to turn the US into Cuba.

And I don’t want to hear about how Kamala Harris isn’t black enough, or that Kirsten Gillibrand doesn’t know how to eat chicken. We’ll get enough of that kind of BS in the general-election campaign. We don’t need to start it now.

Can anybody thread the needle? The most successful Democratic campaigns of the Trump era have somehow managed to split the difference. Doug Jones won an unlikely senate seat in Alabama by avoiding progressive positions like Medicare-for-All, but the very thought of a Democrat beating Roy Moore inspired high turnout in Alabama’s black neighborhoods. Beto O’Rourke ran a surprisingly close race in Texas by creating an exciting progressive image without taking many progressive stands on the issues. That is also the path Obama took in his 2008 landslide. Obama himself was the excitement, not a revolutionary platform.

Texas and Alabama are both in the South, where a Democratic presidential nominee will only win as part of a national landslide. So I don’t think those races should define the limits of acceptable positions. But I think each issue needs to be weighed on the inspiration/fright scale. Reparations for slavery, for example, is a trap issue for Democrats. No one really believes the next president can get a reparations bill passed — and I don’t even know of a plausible reparations proposal — so I doubt the issue will inspire new support. But it will scare a lot of white people and lend itself to exaggerated charges.

At the moment, things look relatively good. The latest poll has Trump trailing a generic Democrat by 48%-41%. But of course, many polls showed even larger leads for Clinton at some point or another. That 7-point lead comes before the actual nominee either raises enthusiasm or gets torn down. It also comes before the Mueller report appears, and before investigations in the House nail down charges that Trump supporters have been able to wave away so far. There’s a strong chance of a recession beginning before the election, and who can guess what foreign crises will erupt between then and now?

The idea that 41% of the public might be able to look at the last two years and say, “I want more of that” is both scary and mind-boggling. But that’s the world we live in. Trump has about that much support and always has. He’s going to try to win again without building that base, and we know exactly how he’s going to try to do it. No matter what happens in the internal dynamics of our own process, we can’t ever lose sight of that.

The Monday Morning Teaser

4 March 2019 at 12:44

It has been an eventful two weeks: Michael Cohen’s testimony, Congress moving towards denouncing Trump’s national emergency declaration, the Trump/Kim summit blowing up, more Democratic 2020 candidates, and a bunch of other stuff.

I’ve been resisting making detailed comments about the Democratic presidential candidates until the campaign gets more seriously underway. (The first debate is in June.) When there are 20 or so candidates, who differ more in emphasis than in goals, I think it’s a mistake to identify yourself with one too soon. (Unless, of course, you’re a professional who needs to sign on with a campaign.)

The main goal, in my mind, is to get Trump out. If we do that, I’ll be happy, whether the 46th president comes billed as a socialist or a moderate. I would encourage everybody to avoid painting themselves into an “If the nominee isn’t my candidate, I don’t care whether Trump wins” corner. If Democrats picked their candidate by tossing the names of all their elected officials into a hat and drawing one at random, I would care deeply about that candidate winning.

With that in mind, this week’s featured post, “Before We Even Think about Candidates for 2020”, looks at how Trump plans to win, and how that should influence Democrats’ counter-strategy. That should be out by, say, 10 EST. I’m targeting the weekly summary for around noon.

Defending the Constitution

18 February 2019 at 16:32

No Sift next week. The next new articles will appear on March 4.

We call upon our Republican colleagues to join us to defend the Constitution.

– Speaker Nancy Pelosi and Senate Minority Leader Chuck Schumer
joint statement on President Trump declaring a national emergency

This week’s featured posts are “A Fishy Emergency Threatens the Republic” and “I See Color“.

This week everybody was talking about the “national emergency”

I covered this in one of the featured posts. I left out a link to the proclamation itself, so here it is.


Before getting around to declaring the emergency, (There is no emergency, so what’s the hurry?) Trump talked about trade with China, demonstrating that he has no idea how international trade works.

We have been losing, on average, $375 billion a year with China. A lot of people think it is $506 billion. Some people think it is much more than that.

He doesn’t seem to know that this is not a guessing game; his own government actually keeps track of foreign trade. The US trade deficit with China in goods in 2018 was $382 billion. In services, we run a trade surplus with China — $38.5 billion in 2017 (I haven’t found a 2018 figure)  — so the total trade deficit in 2018 was probably less than $350 billion.

The only person who says $500 billion or more is Trump himself. He has been saying it since 2015 and it has repeatedly been pointed out to him that this is wrong.

The more subtle but more important error in his statement is that we aren’t “losing” that $350 billion. We’re spending money and getting stuff for it.

“A bilateral balance doesn’t really tell you anything about what the economy is doing,” said Scott Lincicome, an adjunct fellow at the libertarian Cato Institute, “just like my bilateral deficit with my grocery store doesn’t tell you anything about whether I’m in debt.”

Trump continued:

We’re gonna be leveling the playing field. The tariffs are hurting China very badly. They don’t want them and frankly if we can make the deal, it would be my honor to remove them. But otherwise, we are having very many billions of dollars pouring into our Treasury; we have never had that before with China.

He also doesn’t understand how tariffs work. China doesn’t pay the tariffs; American importers do, and they pass the cost on to their customers. So if you bought anything made in China this year, you paid a tariff. The Chinese paid nothing.


Military Times asked 900 active-duty troops to rate a variety of threats. Each bar in this graph represents the percentage of troops who described the threat as either “significant” or “very significant”. Both “immigration” and “Mexico” ranked way down the threat list.


The conservative National Review has taken a very strong stand on the abuse of executive power:

Because executive power is awesome, and intended to be that way, certain abuses of it can be discouraged only by the credible threat that Congress will remove the president from power — or, if discouragement fails, can be remediated only by the president’s actual removal. That is why Madison believed that the inclusion of impeachment in Congress’s arsenal was “indispensible” to preserving the Constitution’s framework of liberty vouchsafed by divided power.

Of course, it took that stand in 2014, when the “executive overreach” in question was Obama’s decision to tell 5 million undocumented immigrants that he was not going to get around to deporting them. To it’s credit, NR isn’t happy about Trump’s seizure of power, but I haven’t noticed them talking about impeachment.

and anti-Semitism

Ilhan Omar, one of two Muslim women in Congress, got herself in trouble by tweeting six words. Glenn Greenwald had just tweeted:

GOP Leader Kevin McCarthy threatens punishment for @IlhanMN and @RashidaTlaib over their criticisms of Israel. It’s stunning how much time US political leaders spend defending a foreign nation even if it means attacking free speech rights of Americans.

Omar responded:

It’s all about the Benjamins baby

If you’re not tuned in to the history of anti-Semitism, you might not get why this is anti-Semitic. If the issue under discussion were, say, guns or drugs, there would be nothing particularly out-of-bounds about tweeting “It’s all about the Benjamins” as a way of saying that McCarthy had been bought by the NRA or Big Pharma. But what makes it different when the subject is Israel is the long history (going back to the Rothschilds and even further) of conspiracy theories about Jewish money controlling events from behind the scenes.

Most recently, the Tree of Life shooting in Pittsburgh was motivated by the belief (widely held on the right-wing fringe) that Jews are plotting to dilute the US’s white majority by encouraging caravans of illegal Hispanic immigrants to come up from Central America. George Soros is supposedly financing the caravans. Soros himself was a target of the MAGA Bomber in October, who shared a social-media meme showing Soros at the top of the “Controlled False Opposition”.

So it’s playing with fire to imply without evidence that Jewish money has bought Kevin McCarthy, because irresponsible accusations like that have resulted in people getting killed, not just in Eastern Europe during the pogroms, but recently here in America. (If terrorists were attacking NRA conventions, I’d be more careful about how I talked about them, too. I wouldn’t stop disagreeing with them, but I’d be careful not to seem to endorse the violence.)

Omar apologized. Some Jewish writers, like David Perry, want to accept that apology and move on:

too often, my would-be allies against injustice on the left can easily stumble into anti-Semitic tropes and only sometimes realize quickly enough to reverse course. The most recent example happened on Twitter when Congresswoman Ilhan Omar, whose district in Minneapolis surrounds me as I write in my office, made a flippant tweet about Israeli money buying off Congress. She clearly meant it as a comment on the power of lobbyists, but it inadvertently invoked long-standing tropes of wealthy Jewish cabals exerting influence. The ensuing political firestorm revealed just how hard it is to maintain solidarity in the face of the oppressive forces that want to divide and conquer. The solution is this: Listen. Believe people when they reach out to you in good faith. Ignore bad-faith hypocrites. Apologize if necessary. Then we can move forward together.

But then there are the “bad-faith hypocrites” like Trump, who said Omar should resign. Or Mike Pence and Kevin McCarthy, who want Democrats to take away Ilhan’s committee assignments, as Republicans did to Steve King after a lifetime of racist comments.

CNN’s Jake Tapper did a great job of demonstrating that hypocrisy.

There is nothing that this White House finds more offensive than a politician feeding into stereotypes about Jews, Jewish money, and controlling politicians, which is what Congresswoman Omar is accused of having done.

But instead of a clip of Omar doing this — there isn’t one, she just tweeted those six words — what rolled instead was Trump talking to the Republican Jewish Coalition in 2015:

You’re not going to support me, even though you know I’m the best thing that could ever happen to Israel. … You’re not going to support me because I don’t want your money. … You want to control your own politicians.

Tapper then apologized for showing the wrong clip, and began a mock struggle with his “rogue” control room. As Tapper kept asking for the Omar tape, what he got instead was

  • A Trump tweet showing Hillary Clinton on a backdrop of money, with “Most Corrupt Candidate Ever!” printed on a large red Star of David.
  • Trump lecturing the press that “very fine people” were “on both sides” of the marches in Charlottesville, where right-wing extremists chanted “Jews will not replace us.”
  • A Kevin McCarthy tweet: “We cannot allow Soros, Steyer, and Bloomberg” [three Jewish billionaires] “to BUY this election!”

He could have kept going by showing the 2016 Trump campaign’s final ad, which The Guardian characterized like this:

The film features lurid shots of Wall Street and the Federal Reserve interspersed with images of three prominent Jewish people: Janet Yellen, who chairs the Federal Reserve, the progressive financier George Soros and the Goldman Sachs chief executive, Lloyd Blankfein.

“The establishment has trillions of dollars at stake in this election,” Trump is heard saying in the advert. “For those who control the levers of power in Washington and for the global special interests, they partner with these people that don’t have your good in mind.”

Instead, Tapper apologized and went to commercial, saying “We seem to be having some issues here sorting out which anti-Semitic tropes are offensive and which ones are not.”


I understand the arguments for and against boycotting Israel (or perhaps just products made in the occupied territories) over the Israeli treatment of Palestinians. For: The situation is frequently compared to apartheid in South Africa, where a boycott played a significant role in putting pressure on the white government. Against: Of all the countries that violate human rights in one way or another, Israel is being picked out because of anti-Semitism.

But I don’t understand why one side or the other of that debate should be illegal.

and Amazon

After that long public process about siting a second headquarters, Amazon has now changed its mind about building it in New York. Progressive politicians had begun to challenge the $3 billion in tax incentives that drew Amazon to New York.

There’s a broader conversation to be had about corporations playing communities off against each other. I’m sure Amazon will get the deal it’s looking for somewhere else. But should it?

Usually this issue comes up in the context of sports, when a city feels like it has to invest hundreds of millions in a sweetheart stadium deal in order to attract or keep a team. This is a situation where some federal rules might benefit everyone: Even the cities that “win” these competitions often wind up as losers.

and you also might be interested in …

It looks like Bernie is running again.


Let’s review: Kamala Harris isn’t black enough, Kirsten Gillibrand is so out of touch that she doesn’t know how to eat fried chicken, Elizabeth Warren should never have told anybody about her Native American ancestor, and Amy Klobuchar is a bad boss.

Isn’t that weird? For every woman who runs for president, there’s some story that blocks out consideration of what she wants to do.


I think the video rolling out Mark Kelly’s campaign for the Arizona Senate seat that’s up in 2020 is one of the best political pieces I’ve ever seen. Kelly has been a Navy pilot in Desert Storm, an astronaut, and the husband of Congresswoman Gabby Giffords, who survived being shot in the head by a mass shooter. The video is a fabulous mix of themes: service, heritage, heroism, risk, family. He may be a man running against a woman (Martha McSally, who lost her race to Kyrsten Sinema, but got appointed to fill out John McCain’s term), but he’s a man who has supported his wife through a difficult recovery. I think that’s going to count for something.

To me, the most heart-breaking exchange is when Mark is sitting on a couch with Gabby, who apparently is still challenged to put together long sentences. “Do you remember when you entered Congress for the first time?” “Yes, so exciting.” “It was exciting. You know, I thought then that I had the risky job.”


Former FBI Director Andy McCabe isn’t an unbiased source, but his account of the days after James Comey was fired is worth a look. I’ll probably read his book when it comes out in a few weeks.


Cartoonist Jen Sorensen responds to Tom Brokaw’s suggestion (since apologized for) that “Hispanics should work harder at assimilation”.


Politicians put religion to the strangest uses. Wyoming recently came close to repealing the death penalty. The repeal bill passed the House and was unanimously approved by the appropriate Senate committee, only to lose 12-18 on the floor of the Senate. One senator explained her No vote like this:

Sen. Lynn Hutchings, R-Cheyenne, argued that without the death penalty, Jesus Christ would not have been able to die to absolve the sins of mankind, and therefore capital punishment should be maintained.

“The greatest man who ever lived died via the death penalty for you and me,” she said. “I’m grateful to him for our future hope because of this. Governments were instituted to execute justice. If it wasn’t for Jesus dying via the death penalty, we would all have no hope.”

That’s what she learned from the story of Jesus.


What kind of woman has a late-term abortion, which the far right calls a “partial-birth” abortion? This kind.

In December 2014, I had an abortion at 29 weeks, after my first baby was diagnosed with a brain abnormality called lissencephaly. The early diagnosis—lissencephaly is sometimes not diagnosed until after birth—meant her case was severe and her prognosis was grim: We could expect her to live for two to six years while suffering from frequent respiratory infections and intermittently choking on her own saliva. Her cognitive development would be arrested or even reversed by painful seizures. She might have been able to smile socially and/or track motion with her eyes, but maybe not. Eventually, one of the bouts of pneumonia or choking episodes or complications from one of the surgeries needed to sustain basic life functions would have killed her.

The author, Margot Finn, eventually got involved with a support group for women who have gone through late-term abortions. None of them fit the anti-abortion stereotype of an irresponsible woman who just whimsically decided to kill her baby after procrastinating for six months.

I’m not sure I’ll ever understand how incurious some pro-life people seem to be about the reasons people seek abortions. In response to the version of my story I posted recently on Facebook, I’ve had people confidently claim that no one’s talking about people like me, that what I did was between me and my doctor. They say they’re talking about people who “just change their minds” at 24-plus weeks of pregnancy about whether they want the presumably healthy fetus cresting today’s fulcrum of “viability” inside them.

Oh, those people. Has anyone ever met one?

and let’s close with some stupidity

Some would-be hi-tech thieves in Silicon Valley stole a shipment of GPS tracking devices. Within hours, police had tracked the devices, some of which were in the thieves’ storage locker and the rest in their car. The storage locker also contained other stolen property, as well as some drugs.

And that’s not all they did wrong.

Before making off with about $18,000 worth of the devices, the thieves grabbed a beer out of the fridge and cut themselves in the process, leaving fingerprints and blood evidence.

Clearly these guys need to spend time in prison, where they can meet more accomplished thieves and begin to educate themselves in their chosen profession.

I See Color

18 February 2019 at 15:29

Five reasons whites shouldn’t colorblind themselves.


Tuesday night, CNN (for reasons I still don’t understand) decided to devote an hour of evening air time to billionaire Howard Schultz (a.k.a. Daddy Starbucks) answering questions in a town hall format. While answering a question about a racial incident at a Starbucks in Philadelphia, Schultz said this:

As somebody who grew up in a very diverse background as a young boy in the projects, I didn’t see color as a young boy and I honestly don’t see color now.

It’s hard to know exactly what to make of a statement like that, or how to respond to it. It’s far from the first time I’ve heard another white person (it’s always a white person) say that he or she “doesn’t see color”. Typically, people who make this statement think they’re saying something virtuous — that they’re not prejudiced against non-whites, that they try to see each person as an individual rather than through the lens of a racial stereotype, or that they treat people of all races the same. If you question them, you’re likely to hear the famous Martin Luther King quote:

I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character.

By “not seeing color”, then, a white person is trying to live Dr. King’s dream: I’m not judging your children by the color of their skin; in fact, I’m not even noticing it.

So what’s wrong with that? Many of the people who say they don’t see color really do mean well — though some don’t; we’ll get to that — so I think they deserve a clear and honest answer.

1. It’s probably not literally true. I’ve occasionally been surprised to find out that someone I’ve known for a while has Jewish ancestry, or was born in another country and speaks English as a second language, or was brought up in a family very much richer or poorer than mine. Apparently, I really don’t “see” those things, at least not all the time. But I’ve never, ever been surprised to discover that somebody is black. I’ve never, ever had anyone say to me, “Did you realize Marcus is black? I never noticed before.”

I know that mixed-race people are sometimes hard to classify. So “Do you think of yourself as black?” can be a meaningful question. But even then I have usually spotted the uncertainty. Because I see color. I believe just about everybody does.

So “I don’t see color” has an element of willfulness to it. At best, it’s not about perception, it’s about habits of thought. Probably the more literal statement would be, “I don’t think about race.” Or maybe: “I try not to think about race.”

But even when we try not to take race into account, we often do. I try not to be prejudiced or to act in any way that promotes bigotry. But I also score badly on the implicit racism test. Like most people, I see color even when I think I don’t.

2. That’s not how dreams work. But what about the dream of a colorblind society? I mean, the one where people might notice each other’s skin color in the literal sense I just talked about, but it just doesn’t matter, because all people are judged “by the content of their character”. Race might still be part of your heritage, but in the here and now, it would only matter to the extent you want it to.

A lot of white identities are like that now. I come from German stock, while somebody else might have Polish ancestors. Germans and Poles have been at each other’s throats for centuries, but in America today none of that matters any more. Maybe we’ll trade mock-hostile barbs when Germany plays Poland in the World Cup. Maybe your grandmother taught you how to prepare kielbasa while mine taught me schnitzel. (Actually she didn’t, unfortunately.) But in all the ways that count, the ones that might re-ignite the conflicts of our ancestors, neither of us cares.

We can imagine a society where race is like that. “Your people came over from Africa? That’s interesting. Have you traced what part?” But when employers are deciding whether to hire you, police are deciding whether to arrest you (or just shoot you), or Starbucks managers are deciding whether to call 911, your race wouldn’t play any role. The percentage of the population that is in poverty or in prison or in management or prematurely in the grave wouldn’t depend on race in anything but a round-off-error sort of way.

Is that a worthy dream? I believe it is.

But I’m not trying to pretend it’s true now, because dreams don’t work that way.

If you dream about being a billionaire like Howard Schultz, the way to get there isn’t to start living like a billionaire in all the ways you can. Quite the opposite: Every time you go to the kind of restaurant a billionaire might frequent — or as close to one as your credit cards will allow — you get a little farther away from actual wealth.

I dream of a society where all people have access to health care, but I don’t bring that day closer by pretending that they already do. I dream of a world where refugees aren’t desperate to get into the United States, because their home countries are doing fine and they have lots of other good places to live. But having that dream doesn’t make me any less callous when I ignore those refugees.

I dream of a world where everyone is honest, and I can leave my laptop sitting unattended on my table at Starbucks when I go off to the bathroom. But I never do that, because dreams don’t work that way.

A colorblind teacher in a white neighborhood school would see the new black kid being picked on and think, “I wonder what that’s about.” A colorblind warden would be oblivious to the racially segregated gangs in his prison.

In American society today, race matters. You can’t deal with that reality unless you see it.

3. Having a choice about whether or not you’ll notice race today is an element of white privilege. As I write this sentence, I’m sitting in the breakfast area of a La Quinta somewhere in Maryland. A couple of hotel employees are responsible for keeping the coffee urns full and the steam tables stocked with scrambled eggs and sausages. None of them are in my line of sight right now, and I realize I don’t know what race they are. To that extent, at least, I’ve been colorblind this morning.

I can do that, because whether they’re white or black or something else, they’re here to serve me.

Similarly, when Howard Schultz sits down with a stack of resumes, thinking about who Starbucks’ next CFO should be, he can decide to ignore race if he wants to. (But given that Philadelphia incident and the bad publicity that came with it, he probably shouldn’t. Some highly visible black face would do Starbucks some good right now.)

But think about what happened to John Crawford III. He was shopping in a Wal-Mart near Dayton, Ohio, when he picked a pellet gun off a shelf and began carrying it with him while he shopped (and talked on the phone). A white customer saw him and called 911, telling police that a black man was waving a gun around at Wal-Mart. (He wasn’t.) A few minutes later, a white policeman barked orders at a very confused Crawford, and then shot him dead when he didn’t respond fast enough, because the cop believed Crawford “was about to” raise the gun. (The officer wasn’t charged with any crime, kept his job, and went back to full field duty after the investigation was complete.)

Now imagine that you’re a black parent trying to raise a son. What will you tell him that Crawford did wrong there? What do you want your boy to do differently if he’s in a similar situation? I think you warn him that Crawford didn’t see color that day. He didn’t think: “There are white people in this store who expect black men to be dangerous.” He didn’t notice when white police walked into the store, and immediately assume they might be looking for him.

The white people in the Wal-Mart could choose to be colorblind if they wanted (though the guy who called 911 clearly wasn’t). John Crawford III couldn’t get away with making that choice.

Of course, you also tell your black son about Martin’s Dream. But you’re very careful to teach him not to lose sight of the difference between the Dream and the Reality. Confusing the two could get him killed.

4. Colorblind whites make bad allies. Think about the teacher and the warden I mentioned above. Racism is real in America, and you’re not going to be much use in mitigating it if you refuse to see it.

Most racism in America today tries not to draw attention to itself. It often pretends to be something else, and has a semi-plausible explanation of its actions. If you’re not paying close attention, you might not see through that explanation.

For example, during the Obama administration, the First Family was often faulted for doing things that white First Families had done without drawing criticism. Barack was photographed putting his feet up on a historic desk. Family vacations cost the taxpayers a lot of money because of the entourage that had to come along. The White House Christmas card didn’t display any religious themes. The White House is equipped and staffed to provide a posh lifestyle, as it has for decades.

Lots of people objected to this stuff without consciously thinking about race. It wasn’t that the Obamas were black, it’s that they were living wastefully or disrespecting some important American value. But somehow that disrespect didn’t register in the same way when the president was white.

In order to notice that kind of thing and address it appropriately, you need to see color. You need to be sensitive to the idea that racism constantly lurks in the background of American society, even when the foreground looks fine.

A lot of today’s racism is baked into the system, and doesn’t depend on any individual’s prejudice. The pipeline that sends black children to mostly segregated schools, funds those schools inadequately, criminalizes discipline, and channels students in the direction of prison — it operates with or without the racism of any particular teacher or principal or policeman or judge. If they all suddenly became colorblind, the system would continue to function.

5. Idealizing colorblindness gives cover to people who invoke it in bad faith. Trump has often claimed to be “the least racist person” — the least racist person you’ve met, ever interviewed, and so on. He has made that claim while trying to ban Muslims from entering the country, building a wall to keep out Hispanics, saying that neo-Nazis are “very fine people”, and pushing the baseless theory that the first black president wasn’t really an American.

He gets away with that, at least among certain segments of the electorate, because he doesn’t explicitly invoke color. This is a constant theme in conservative circles: If I don’t explicitly mention color, I’m not racist. On paper, the law has explicitly been colorblind since the 1960s. So racism effectively ended then — except for the affirmative action programs that disadvantage whites. Non-whites are still much poorer than whites, and are under-represented in elite schools, corporate boardrooms, and high-paying professions, while over-represented in prisons and poverty programs. But any attempt to remedy those problems can’t be colorblind, so they get tarred as “reverse racism”.

 

I’ll give the last word to Khalil Gibran Muhammad author of The Condemnation of Blackness,

If we’re going to do something differently in the 21st century than what was done in the 20th century, it’s going to take a whole lot more white people in everyday experiences to be anti-racist and to stand up for racial justice.

Not non-racist, anti-racist. And you can’t fight what you can’t see.

A Fishy Emergency Threatens the Republic

18 February 2019 at 13:42

Friday morning, Trump declared a national emergency that he said would allow him to start building his wall by redirecting funds Congress has appropriated for other purposes. The speculation-to-action ratio has been particularly high since then, with political and legal experts giving conflicting views of what will happen next. Let me see if I can boil it down without adding to the confusion.

1. The declaration was made in bad faith. There is no national emergency on the southern border. Trump admitted as much: “I could do the wall over a longer period of time. I didn’t need to do this.”

As I explained two weeks ago (under the sub-head “and national emergencies”), the point of the national emergency process is to allow the President to respond to events that unfold too fast for Congress to take action. Whatever you think about the issues of immigration and smuggling on the Mexican border, they have been playing out over decades, and are less serious now than they have been at other times.

Congress has had plenty of time to consider appropriating money to build a wall, and has decided not to do it.

With no honest case to be made for either a national emergency or for circumventing Congress to build a wall, Trump once again gave a speech full of lies.

2. This is unlike any previous emergency declaration. As Trump rightly pointed out, presidents have declared national emergencies before (59 times since the National Emergencies Act was passed in 1976, according to Fox News’ Chris Wallace). But a national emergency declaration has never been used as a partisan weapon before. Wallace challenged Trump advisor Stephen Miller to “point to a single instance when the president asked Congress for money, Congress refused to give him that money and the president then invoked national emergency powers to get the money”. Miller could not answer.

A national emergency declaration has never been challenged in Congress or the courts before, but that’s because previous presidents have used them in uncontroversial ways, not because Trump is being specially persecuted by his opponents.

3. The money will be taken from more worthy projects. USA Today lists the sources.

$3.6 billion will come from a military construction fund, and White House officials admitted that “they did not yet know which military constructions might be cancelled or delayed by the move.” Military Times lists some possibilities:

a new vehicle maintenance shop at Camp Arifjan in Kuwait, drydock repairs at Joint Base Pearl Harbor-Hickam in Hawaii, F-35 hangar improvements at Luke Air Force Base in Arizona, ongoing hospital construction at Landstuhl Regional Medical Center in Germany, and new family housing builds in South Korea, Italy and Wisconsin.

Also: a middle school on an Army base in Kentucky. Lindsey Graham explained that “It’s better for the middle school kids in Kentucky to have a secure border.”

Another $2.5 billion will come from a Defense Department drug-interdiction program. So presumably it will be easier now to get drugs into the country by boat or plane. Trump’s bogus wall, which will do little to affect drug traffic, will squeeze out programs that actually catch drug smugglers.

4. Congress still has a chance to weigh in, but there’s a catch. As originally passed in 1976, the National Emergencies Act allowed what is known as a legislative veto: Congress could override the President’s declaration if both houses agreed to do so. This is, in fact, likely to happen. The Democratic House will pass a resolution against the emergency fairly easily, and the Republican Senate will probably follow suit. (In order to do so, all 47 Democrats and 4 Republicans will have to agree. Mitch McConnell can’t prevent the resolution from coming to the floor, and it can’t be filibustered.)

However, in 1983 the Supreme Court (in regard to a different law entirely) found legislative vetoes to be unconstitutional. As laid out in the Constitution, Congress passes laws and the President has an option to veto them. Congress can delegate its power to the President (as it did in the National Emergencies Act), but it can’t switch places with the President and give itself veto power over his decisions.

As a result, Congress can still undo the President’s declaration, but it requires a joint resolution, which is then subject to a presidential veto. A two-thirds majority of each house would then be necessary to override the President’s veto. This is currently considered unlikely, because not enough Republicans are willing to go against Trump.

So the most likely scenario goes like this: Congress passes a joint resolution against the emergency, the President vetoes it, and Congress fails to override the veto.

5. Then it’s up to the courts. Congress will sue on the grounds that its power of the purse has been usurped. States along the border will sue. Property owners whose land will be seized will sue. Some of those suits have already been filed. (Congress’ suit will probably wait until after its attempt to override the emergency declaration fails.) Then the courts will have to decide whether Trump’s emergency is legitimate.

Whatever conclusion you want to hear, I can point you to an expert who predicts it. Vox assembled 11 experts, and their responses amounted to: Judges shouldn’t OK this, but there’s just enough justification that they can if they want to.

The point of view most generous to Trump is that Congress screwed up when it passed the National Emergencies Act, so its power-of-the-purse is delegated, even if it shouldn’t be. The law doesn’t define “emergency”, but trusts the president not to abuse his power to declare one. Who knew we’d eventually have an untrustworthy president?

Some judges will feel that it’s not their job to second-guess Trump on this. That’s more-or-less how the Muslim Ban case came out. After the administration revised its first two obviously-unconstitutional Muslim bans, the third one passed muster — not because the 5-4 Supreme Court majority agreed with the bigoted pile of bullshit Trump used to justify it, but because five justices deferred to the president’s judgment and declined to examine the details.

As with the Muslim ban, this case hangs on the question of bad faith: How transparently faithless does the President have to be before a judge is obligated to notice?

The problem I have with the Congress-screwed-up view is that the original version of the law didn’t delegate this much power, because Congress retained the ability to override illegitimate emergencies. Now the President only needs one-third of one house to support him. So the Supreme Court changed something significant in the law when it rejected legislative vetoes.

So I would be tempted to make the same kind of argument that conservatives have made against the Affordable Care Act: The National Emergencies Act is a coherent whole, and you can’t invalidate the legislative veto while leaving the delegation-of-power intact. I haven’t heard anyone make that argument, so there must be some reason not to (aside from the fact that all of the currently active national emergencies become invalid, which might not be a bad thing).

6. And the people. This is something worth getting into the streets about. MoveOn has protests planned today, and no doubt there will be others soon.

If you live in a state or district represented by a Republican, you need to challenge your representative to defend the Republic. The expectation that Congress can’t override a veto is based on the idea that most Republicans will stand by Trump’s seizure of power. But if they hear from enough voters, they won’t.

7. Once again, conservatives in Congress and in the courts  will face a challenge: Will they support Trump, even at the expense of what was once considered a core conservative principle? Over the last several decades, much hot air has been blown about defending “the Constitution” and “the vision of the Founding Fathers”. It goes virtually without saying that neither the Constitution nor the Founders ever envisioned or endorsed a process like this: Congress refuses to fund a presidential project, the president seizes the money, both houses vote to condemn that seizure, but it goes through anyway.

Any congressional Republican who refuses to override Trump’s emergency declaration or his subsequent veto can never again claim to be a defender of the Constitution, and should never again be allowed to invoke the Founding Fathers without hearing about this betrayal of their vision. Any judge who allows this travesty to play out can likewise never in good conscience claim to be an “originalist” or “strict constructionist” rather than a partisan judicial activist.

8. There are hardly any core conservative principles left. Republican respect for the Constitution has been suspect at least since Mitch McConnell ignored President Obama’s nomination of Merrick Garland. The GOP’s claim on the Constitution further eroded when the Party decided to ignore the Emoluments Clause and let Trump profit from what are essentially bribes by foreign governments and the governments of the states. But it’s also worth considering the other conservative principles that have already fallen since Trump became the Republican Party’s nominee.

Republicans once claimed to care about the federal deficit, but they have allowed Trump to blow up the federal balance sheet in a completely unprecedented fashion. The record Bush/Obama deficit of FY2009 was a response to an economic catastrophe, but Trump’s deficits are approaching those levels in the late stages of an economic expansion, when the federal budget should be in its best shape. (President Clinton had a surplus during a comparable period.) The next recession, which is due to hit soon, will send deficits into territory never before seen.

Republicans once championed a global system of free trade, but now they stand for tariffs, presidential bullying of American corporations, and one-on-one negotiations with each country.

Republicans once were the advocates for rural America, but now Republican trade policies hit farmers harder than anyone.

Republicans claim their opposition to undocumented immigration stems from a belief in the rule of law, but they support Trump in violating our laws by refusing to let refugees turn themselves in at the border and ask for asylum.

Republicans once claimed to be the party of patriotism and freedom, and promoted Ronald Reagan’s vision of America as a “shining city on a hill”. Now they stand behind a president who is totally subservient to a Russian dictator, who shows no respect to the world’s other democracies, and instead expresses admiration and envy for brutal autocrats like China’s Xi, North Korea’s Kim, and the Philippines’ Duterte.

Republicans once styled themselves as the party of traditional family values, and (particularly during the Clinton administration) talked endlessly about the importance of a president’s character. Now they make excuses for Trump’s infidelity, corruption, sexual assaults, and shameless lying.

What ground is left for Republicans to stand on, other than bigotry against Hispanics, making the rich richer, and a naked desire to wield power?

The Monday Morning Teaser

18 February 2019 at 12:49

The long-awaited constitutional crisis looks like it might finally be here. Trump’s specious declaration of a national emergency threatens to reverse Congress’ decision not to fund his wall. If this stands, the Republic will be fundamentally changed.

Power has been gradually shifting from the legislative to the executive branch of government since the New Deal, but the one power Congress has retained is the power of the purse. If presidents can now declare a national emergency on any pretext, and redirect money Congress has appropriated for other purposes, then the power of the purse is now a shared power, and Congress has been greatly diminished.

I’ll discuss this in more detail in “One Fishy Emergency”, which should be out soon. That will be followed by a less timely piece, “I See Color”, which is my response to Howard Schultz’ claim that “I didn’t see color as a young boy and I honestly don’t see color now.” That should be out around 10 EST.

The weekly summary will collect some further odds and ends around Trump’s bizarre national-emergency speech, then discuss Rep. Omar’s apology for raising an old anti-Semitic trope (and the bad-faith denunciations of her from people who routinely do far worse), a first-person account of a late-term abortion, Mark Kelly’s amazing campaign-rollout video, Amazon backing out of New York, and a few other things, before closing with a story about one of the most poorly conceived crimes ever. Probably that’s out before noon.

Fictions

11 February 2019 at 16:18

The lawless state of our southern border is a threat to the safety, security and financial well-being of all Americans.

– Donald Trump, 2019 State of the Union

The politics of eternity requires and produces problems that are insoluble because they are fictional.

– Timothy Snyder, The Road to Unfreedom

Every day he designs a false threat, steps in to the nonexistent battlefield, and declares himself victorious to a group of now emotionally dependent human beings, whose internal story and well-being depends on him winning. That’s the only way their world makes sense anymore, it is the only outcome they can conceive of.

– John Pavlovitz, “The Cult of Trump

There was no featured post this week.

This week everybody was talking about Virginia

Last week’s featured post “Ralph Northam and the Limits of Forgiveness” looks better now than it did at the time. When I wrote

I don’t think we’re ever going to find enough pure people to form a majority.

I didn’t know that the entire Democratic leadership of Virginia state government would soon find itself embroiled in scandal and facing calls to resign. (Also some Republicans. And then the virus spread to Mississippi.) Forget about forming a majority. In Virginia, it may not be possible to find enough pure people to staff a government.

My point (that Democrats need to define a forgiveness process for past incidents of racism, sexism, and homophobia) was improved on by Rev. William Barber (famous for leading the Moral Monday protests in North Carolina): Forgiveness has to begin with repentance. Repentance, for Barber, means more than just a verbal apology; it means taking action to restore the balance.

Whether we are talking about Northam or President Trump — Democrats or Republicans — restitution that addresses systemic harm must be the fruit of true repentance.

If Northam, or any politician who has worn blackface, used the n-word or voted for the agenda of white supremacy, wants to repent, the first question they must ask is “How are the people who have been harmed by my actions asking to change the policies and practices of our society?” In political life, this means committing to expand voting rights, stand with immigrant neighbors, and provide health care and living wages for all people. In Virginia, it means stopping the environmental racism of the pipeline and natural gas compressor station Dominion Energy intends to build in Union Hill, a neighborhood founded by emancipated slaves and other free African Americans.

Barber made one important point very clearly: It does no good to force out people who did racist things years ago, if their power will then pass to people who are sponsoring racist policies today.

we cannot allow political enemies of Virginia’s governor to call for his resignation over a photo when they continue themselves to vote for the policies of white supremacy. If anyone wants to call for the governor’s resignation, they should also call for the resignation of anyone who has supported racist voter suppression or policies that have a disparate impact on communities of color.

Barber’s article doesn’t revisit the 2017 gubernatorial election, but it’s worth thinking about. Northam was a candidate with a decades-old racist secret. But the Republican candidate in the race (Ed Gillespie) ran a race-baiting campaign, focused on raising fears about “sanctuary cities” (of which Virginia has none) and defending Confederate monuments (of which it has many).


While we’re talking about Confederate monuments, Smithsonian Magazine has an excellent long article “The Costs of the Confederacy“.

A century and a half after the Civil War, American taxpayers are still helping to sustain the defeated Rebels’ racist doctrine, the Lost Cause. First advanced in 1866 by a Confederate partisan named Edward Pollard, it maintains that the Confederacy was based on a noble ideal, the Civil War was not about slavery, and slavery was benign.

The authors traveled all over the South, and found lots of tax-supported Lost Cause propaganda.

We went on many tours of the homes of the Confederacy’s staunchest ideologues, and without exception we were told that the owners were good and the slaves were happy.

At the home of Confederate Secretary of State Robert Toombs, a question about his slaves (otherwise barely mentioned) elicited a quote (from a Depression-era oral history of slavery) from a slave about how proud he was to work for “Marse Robert Toombs”.

A more revealing, well-documented story is that of Garland H. White, an enslaved man who escaped Toombs’ ownership just before the Civil War and fled to Ontario. After the war erupted he heroically risked his freedom to join the United States Colored Troops. He served as an Army chaplain and traveled to recruit African-American soldiers. We found no mention at the Toombs memorial of White’s experience. In fact, we know of no monument to White in all of Georgia.

And that’s a point I wish got more attention: In addition to well-celebrated figures like Robert E. Lee and Stonewall Jackson, the South had real Civil War heroes like White, people who risked their lives for freedom rather than for slavery. Their monuments are nowhere.

and the possibility of another government shutdown

The deadline is Friday. This weekend the negotiators started sounding pessimistic. But a lot can happen in a week.

and Jeff Bezos vs. the National Enquirer

I’m wondering who at the National Enquirer said: “Let’s threaten the richest man in the world. That always works out well.”

At the moment, the Bezos/AMI story is great gossip, with nude selfies and claims of extortion and so on. It could turn into much more if some of Bezos’ accusations and implications turn out to be true.

Because deep down, we’re all still in middle school.

Let’s recap: The Enquirer ran a story on January 9 about Bezos’ extramarital affair, the day after Bezos and his wife MacKezie announced that they were getting a divorce. I haven’t heard whether the prospect of the story played any role in the timing or the fact of the divorce. The Enquirer story included “intimate texts” between Bezos and his mistress.

Bezos decided he wanted to know how the Enquirer got those texts, and what motivated them to go after him to begin with, so he hired investigators. You can hire a lot of investigators if you’re worth $100 billion.

In particular, Bezos wanted know if the motive was political. He owns The Washington Post, which makes him an enemy of AMI CEO David Pecker’s friend Donald Trump, and of the Saudi government, with whom AMI is seeking a lucrative alliance. The Post has been relentless about exposing Trump’s lying and corruption, and it refuses to let the Saudi government get away with murdering one of its journalists, Jamaal Khashoggi.

That implication of a political motive apparently unhinged Pecker. According to Bezos’ blog post on the subject, Pecker’s people made Bezos “an offer I couldn’t refuse”. (This is a Godfather reference.) Bezos should stop investigating and instead release a statement that his people “have no knowledge or basis for suggesting that AMI’s coverage was politically motivated or influenced by political forces.” And in exchange, AMI wouldn’t release the texts and photos they had of him, including a naked selfie and revealing photos of his mistress.

Bezos instead decided to make the whole email exchange public and dare AMI to do its worst. (As Bobby Axelrod says on the TV show Billions: “What’s the use of having fuck-you money if you never say ‘Fuck you.’?”) Since going public, Bezos has picked up support from other people who claim to have been threatened by AMI.

And there’s another problem:

Federal prosecutors on Friday began looking into the accusation to see if American Media’s alleged conduct might violate the company’s agreement to cooperate with a government investigation of Trump, according to people familiar with the matter. If so, it could expose American Media and Enquirer Publisher David J. Pecker to prosecution for campaign-finance violations related to the McDougal payoff.

So it’s Amazon’s founder vs. the National Enquirer, with the possibility that the story might spill over and implicate Trump or the Saudi government. Pass the popcorn.

and the State of the Union

Usually, I treat the State of the Union as major news. For presidents of both parties, I’ve been known to do a featured article attempting to read between the lines. But this is another way in which this administration is different: Trump’s speeches are just not that serious, not even the SOTU. (Stacey Abrams’ Democratic response is here.) He says things that he thinks will sound good, but there is unlikely to be any follow-through.

Like all Trump speeches, this one was full of lies and misleading statements. It slandered undocumented immigrants, using the same propaganda techniques Hitler pioneered on the Jews. (Specifically: Highlighting crimes by the targeted group as if they were somehow different than other crimes. I’m sure someone could compile an list of crimes by German-Americans — people like Trump and me — that is just as horrifying as Trump’s litany of crimes by undocumented immigrants.) He segued directly from Iranian threats against Israel to the 11 Jews murdered at the Tree of Life Synagogue in Pittsburgh, as if the murderer had been a Muslim motivated by Iranian propaganda rather than a white supremacist who blamed Jews for the migrant caravans that Trump had been rabble-rousing about.

To the extent that the speech laid out an agenda, it’s hard to take that agenda seriously. Once again, for example, he called for an infrastructure plan.

I am eager to work with you on legislation to deliver new and important infrastructure investment, including investments in the cutting edge industries of the future.

He said something similar last year (“Tonight, I am calling on the Congress to produce a bill that generates at least $1.5 trillion for the new infrastructure investment we need.”), and delivered a poorly-thought-out proposal that his own party shelved.

The next major priority for me, and for all of us, should be to lower the cost of healthcare and prescription drugs — and to protect patients with pre-existing conditions.

But of course, the main threat to people with pre-existing conditions has been Trump himself, and his eagerness to undo ObamaCare without caring what replaces it.

I am asking the Congress to pass legislation that finally takes on the problem of global freeloading and delivers fairness and price transparency for American patients. We should also require drug companies, insurance companies, and hospitals to disclose real prices to foster competition and bring costs down.

In any previous administration, that would mean that he had a piece of legislation drafted and ready to go. I sincerely doubt that Trump does. He has stated his good intentions, so now it’s up to somebody else to craft a plan that manifests them, which he will feel no obligation to support.

I want people to come into our country in the largest numbers ever, but they have to come in legally.

So far, his policy has been the exact opposite: Not only has he demanded substantial reductions in legal immigration, but he has also tried to expel people who came here legally under the Temporary Protected Status program, and has been violating American laws and treaties by refusing to let refugees legally request asylum at the border. So is this new love of legal immigration an about-face, or did he just say something that sounded good in the moment, which we’ll never hear about again? I’ll bet on the latter.

The one statement in the speech I take seriously is this one:

If there is going to be peace and legislation, there cannot be war and investigation. It just doesn’t work that way!

In other words, if Congress starts getting serious about oversight on this historically corrupt administration, Trump is going to take it personally. Unlike, say, Bill Clinton, who continued to work with Newt Gingrich’s House Republicans while they investigated him constantly — because that was his job — Trump intends to hold the country hostage. If Congress passes legislation that would benefit America, Trump reserves the right not to sign it out of personal pique.


Democrats immediately called his bluff on that. A variety of House committees are gearing up for investigations of Trump’s foreign business activities, possible violations of the Constitution’s emolument clause, family separations at the Mexican border, and other issues. But Democrats are planning to proceed methodically.

“We’re going to do our homework first,” said House Oversight Committee Chairman Elijah E. Cummings (D-Md.), whose panel is scheduled to receive testimony from Commerce Secretary Wilbur Ross next month. “What [Republicans] would do is, they would go out and make headlines a week or two before the hearing and then look for some facts to prove the headlines. We’re not doing that.”

The difference, IMO, is that Republicans investigating the Obama administration suspected there was nothing to find, so their biggest bang would be in the insinuations they could make as hearings were looming. But Democrats investigating Trump believe the corruption and illegal activity is really there. The payoff will come when they find it.


That said, I watched a small amount of Acting Attorney General Matt Whitaker’s six hours of testimony to the House Judiciary Committee, and saw clips of the “highlights” of the rest it. I don’t think the hearing reflected well on anybody. Whitaker was needlessly rude and argumentative, and the members of the committee were needlessly aggressive and accusatory.

The main thing was to ask Whitaker a small list of questions and get his answers on the record. So here’s the content of the whole six hours: He denies telling Trump or other “senior White House officials” anything he learned about the Mueller investigation. He says he hasn’t interfered in Mueller’s investigation. He refused to say whether or not he thinks the Mueller investigation is a “witch hunt”.

I think it’s important that investigating House Democrats project an image of calm determination: They won’t be stopped, but they’re in this for the good of the nation rather than to get on TV. Trump needs to tell his base a story of Us Against Them, while Democrats need the story to be Truth Will Out. The Whitaker hearing turned into Us Against Them, so in that sense I don’t think it was a good start.

and abortion

So Louisiana has passed an anti-abortion law that requires doctors in clinics that provide abortions to get admitting privileges in a local hospital. That may look reasonable at first glance, but I explained why it’s not when Alabama had a similar law challenged in 2014.

The history of violence against abortionists in Alabama, and the continuing harassment and intimidation of doctors and their patients, makes it unsafe for an abortion-clinic doctor to live in large parts of Alabama. In the three clinics likely to close, most doctors have their primary practice and residence elsewhere. (One doctor drives to the clinic from another state, using a diverse series of rentals cars rather than his own car, in hopes that he won’t be spotted by potential assassins.) That lack of local presence makes them ineligible for admitting privileges at local hospitals. The clinics could stay open if they could recruit new doctors who live and practice nearby, but that is impossible because they would not be safe.

So in passing this provision, the Alabama legislature was, in essence, conspiring with violent terrorists. Clinics would be shut down by the confluence between the law and predictable outside-the-law violence. That wasn’t some unfortunate but unforeseen side effect; that was the point.

Eventually, a Texas version of the law reached the Supreme Court, where it was struck down. (Justice Breyer wrote the 5-4 majority opinion. The provision did not confer “medical benefits sufficient to justify the burdens upon access”.) Courts are supposed to respect precedent rather than continuing to re-examine the same arguments, so that should have been the end of such laws.

It wasn’t. Louisiana passed its own admitting-privileges law, which is expected to make two of the three abortion clinics in Louisiana close. Anti-abortion activist judges refused to cite the binding precedent and illegitimately pushed the case up the line, figuring that with Kavanaugh replacing Kennedy, maybe the balance of power on the Court had changed. They were right about Kavanaugh, but Chief Justice Roberts cast the deciding vote to block enforcement of the Louisiana law until the Court can rule on its constitutionality.

When Susan Collins blessed Kavanaugh’s appointment to the Court, she took at face value his pledge to respect precedents like Roe v Wade. Charles Pierce explains how that is playing out.

[Kavanaugh’s] dissent relies on, along other things, the transparently phony notion that Louisiana officials will be judicious in using the law they’ve already passed. He writes:

…the State’s regulation provides that there will be a 45-day regulatory transition period before the new law is applied. The State represents, moreover, that Louisiana “will not move aggressively to enforce the challenged law” during the transition period.

You’d have to be as big a sap as Susan Collins is to believe that one. It’s impossible that even Kavanaugh believes it. What the defenders of the right to choose feared—and of which they still remain wary—is that upholding the Louisiana law will send a clear message to state judges that the federal system will not defend its own rulings. Thus would Roe v. Wade essentially die from a thousand cuts.

I’ll pull out another piece of Kavanaugh’s dissent.

during the 45-day transition period, both the doctors and the relevant hospitals could act expeditiously and in good faith to reach a definitive conclusion about whether those three doctors can obtain admitting privileges.

Kavanaugh trusts the good faith of anti-abortion forces, when bad faith is the whole point of this law. That’s what we can expect from Kavanaugh. Maybe he won’t seek to reverse Roe immediately, but in every case that comes before him, he will concoct some reason not to enforce it quite yet.

but ultimately, the Green New Deal might turn out to be the most important thing that happened this week

Rep. Alexandria Ocasio-Cortez and Senator Ed Markey released a proposed nonbinding congressional resolution calling for a Green New Deal.

It’s hard to know how to think about this. On the one hand, no one expects this plan for a “ten-year national mobilization” to be carried out as written. It may not even be possible, even if the country and its government had the political will to do so. (For example: “to achieve net-zero greenhouse gas emissions through a fair and just transition for all communities and workers” in ten years.)

In addition to the call for massive infrastructure spending to create an environmentally sustainable economy (that anything calling itself a “Green New Deal” would have to have), it also includes (in the words of New York magazine’s Eric Levitz) “damn near every item on progressives’ policy wish list”: national health care, union rights, racial justice, and so on.

So if your definition of a “serious proposal” includes an expectation that it might become law sometime soon and succeed in achieving its stated goals, this is not a serious proposal. There’s no negotiation with Mitch McConnell that starts here and winds up anywhere. (Mitch wouldn’t even agree to massive infrastructure spending on roads and bridges when the leader of his own party called for it.) And even if Democrats win all the open Senate seats on 2020, it’s still not going to happen, because there’s the whole question of possibility.

Maybe that bothers you, or maybe see the Green New Deal serving another purpose. Slate’s Mike Pesca is bothered.

Well, call me a tired old watchdog, or fuddy-duddy fact finder—I do not assess policies through the lens of the charismatic and compelling Ocasio-Cortez, who has become the perfect distillation of the Trumpian, big swing, mega-MAGA hashtag, nonconstrained by literalism, post–reality-to-accuracy politics age. I tend to judge ideas by considering the opinions of experts who know more than I do. And when it comes to the Green New Deal, almost none of these people think that the United States can achieve its goal of 100 percent renewable energy by 2030.

… Perhaps I am naïve when it comes to the way the world works, and I should realize that knowingly unrealistic, which is to say dishonest, goals and proposals that will not work are the best ways to steer us to a better future. Instead, I worry that having impossible goals might dissuade the public and discredit those proposing them.

Levitz, though, sees something else, “so long as you take the Green New Deal seriously, but not literally.”

AOC’s decision to append a wide variety of progressive goals — each with its own influential constituency — to her climate plan is tactically sound: If the entire Democratic agenda is rebranded as the “Green New Deal,” a future Democratic government will be less likely to ignore the central importance of climate sustainability to all of its other policy goals; which is to say, a future Democratic government will be less likely to de-prioritize preventing ecological catastrophe.

… As a mechanism for raising expectations for what qualifies as a progressive climate policy — and increasing the probability that Congress passes such a policy within the next decade — the Green New Deal is politically realistic. As a blueprint for a climate bill that is both legislatively viable, and commensurate with the scale of the ecological threat humanity faces, it is not.

But neither is anything else. … There is simply no way to mount a realistic response to climate change without changing political reality. And for now, the Green New Deal is the most realistic plan we’ve got for doing the latter.


Whether you’re a fan of AOC or think she gets too much attention already, her lightning-round exploration of government ethics limits is brilliant and deserves wider distribution.

and you also might be interested in …

If you ever doubted that the conservative version of “religious freedom” only applies to Christians, the conservative majority on the Supreme Court just made it clear. Thursday, the Court voted 5-4 (on party lines, a phrase we didn’t used to use for Supreme Court votes) to allow Alabama to execute a Muslim prisoner without honoring his request to have an imam present. The prison employs a Christian chaplain.

The chaplain kneels and prays with inmates who seek pastoral care, the officials said. After considering Mr. Ray’s request, prison officials agreed to exclude the chaplain. But they said allowing the imam to be present raised unacceptable safety concerns.

Justice Kagan’s dissent summarizes the problem:

Under that policy, a Christian prisoner may have a minister of his own faith accompany him into the execution chamber to say his last rites. But if an inmate practices a different religion—whether Islam,Judaism, or any other—he may not die with a minister of his own faith by his side. That treatment goes against the Establishment Clause’s core principle of denominational neutrality.


While we’re talking about religion and the law, the Masterpiece Cakeshop case (where the Supreme Court sided with the baker against the gay couple that wanted a wedding cake) was decided on such narrow grounds that it didn’t really settle the underlying issues: How do anti-discrimination laws interface with a business-owner’s freedoms of speech and religion? So now new cases are rising through the system.


Two completely different views of what’s going on in Venezuela: It’s about restoring democracy. It’s about preserving white supremacy.


As people start completing their tax returns, many of them are realizing that the Trump Tax Cut didn’t do much for them. Some are actually paying more tax, due to changes in deductions. And even people who are paying less tax in total are being surprised that they owe money rather than have a refund coming. That’s because withholding guidelines were changed, possibly with the intent to make the tax cut temporarily look bigger than it actually was.


Finland ran an experiment in giving people a guaranteed basic income. The government picked 2,000 unemployed Finns at random and promised them $635 a month for two years, no strings attached. Find a job, don’t find a job, you get to keep the money.

How you view the results depends on whether you’re a glass-half-full person or not. The GBI turned out to have no effect on whether or not people got jobs. So it didn’t turn their lives around, but it also didn’t encourage idleness. The recipients became slightly more entrepreneurial, and they reported feeling much less stressed.


OK, I admit that “Trump supporter says something stupid” isn’t news any more. I think we see way too much coverage of stuff like that already. But this

Candace Owens … is one of the president’s best-known black supporters. The 29-year-old activist and social media aficionado regularly appears on Fox News imploring black Americans to leave the Democratic Party. … At a December event in London, Owens said:

“I actually don’t have any problems at all with the word ‘nationalism.’ I think that the definition gets poisoned by elitists that actually want globalism. Globalism is what I don’t want, so when you think about whenever we say nationalism, the first thing people think about, at least in America, is Hitler. … He was a national socialist. But if Hitler just wanted to make Germany great and have things run well, okay, fine. The problem is that he wanted, he had dreams outside of Germany. He wanted to globalize.”

So basically, as long as Hitler just wanted to annihilate the Jews in Germany, that was “okay, fine”. He didn’t get out of line until he started to go after the Jews in Poland and Holland. National death camps good; international death camps bad.

Back in May, Trump tweeted:

Candace Owens of Turning Point USA is having a big impact on politics in our Country. She represents an ever expanding group of very smart “thinkers,” and it is wonderful to watch and hear the dialogue going on…so good for our Country!


And “Trump is a hypocrite” isn’t exactly news either, but this story similarly takes things to a new level. The Washington Post describes “a long-running pipeline of illegal workers” between Trump National Golf Club in Bedminster, New Jersey and the village of Santa Teresa de Cajon in Costa Rica.

Over the years, the network from Costa Rica to Bedminster expanded as workers recruited friends and relatives, some flying to the United States on tourist visas and others paying smugglers thousands of dollars to help them cross the U.S.-Mexico border, former employees said. New hires needed little more than a crudely printed phony green card and a fake Social Security number to land a job, they said.

Why did the Trump Organization do this? In a word, money.

There was also seeding, watering, mowing, building the sand traps and driving bulldozers, mini-excavators and loaders — all while they earned about $10 an hour or less, they said. Around that time, a licensed heavy equipment operator in central New Jersey would have received an average of $51 to $55 per hour in wages and benefits, according to union officials at the International Union of Operating Engineers Local 825 in the nearby town of Springfield.


In The Atlantic, Richard Parker explains why Trump’s wall will never be built: The people who own that land now have enough clout to protect it from being taken by the federal government.

There will be no “concrete structure from sea to sea,” as the president once pledged. Taking this land would constitute an assault on private property and require a veritable army of lawyers, who, I can assure you, are no match for the state’s powerful border barons.


Elizabeth Warren officially announced her candidacy, during a week when the Native American issue refused to die. I’m sad about that. To me, Warren is the most authentic candidate in the race. She went into politics because she felt that the big banks and corporations were rigging the system against ordinary people, so that the path she had taken from the working class to the professional class was now much, much harder to travel. That’s what her career has been about ever since.

I have to agree with Matt Yglesias’ take:

Warren would like to have a debate about economic policy with Trump. Trump would like everyone to fall back on racial identity instead. You, as a citizen or a journalist or whatever else you are, are allowed to choose whether or not to take the bait on his provocations.


Amy Klobuchar is in the race. My impression is that Klobuchar is the Democrats’ most likeable candidate other than maybe Biden. She’s also the candidate I would feel most confident of in a race against Trump. She radiates a Midwestern decency that I think Trump would have a hard time countering.

But I recall another Minnesota candidate, Republican Tim Pawlenty. It’s hard to remember now, but at the beginning of the 2012 cycle, a lot of pundits were projecting Pawlenty as the candidate the party would ultimately settle on, because he was the one who would be most acceptable to all the major Republican factions.

The problem with that strategy was that Pawlenty turned out to be nobody’s first choice, so he was out of the race before a single vote was cast. That’s going to be Klobuchar’s challenge: How is she going to become people’s first choice, rather than just somebody they like?

If you’re mad as hell and you’re not going to take it any more, other candidates will express that anger better for you. But if you’re tired of being angry all the time and you long for a politics that’s more than the Outrage of the Day, you might want to look at Amy. (Or Cory Booker.)

and let’s close with something topical

The Dunning-Kruger song from The Incompetence Opera.

The Monday Morning Teaser

11 February 2019 at 12:21

This week had a number of stories that need a few paragraphs of explanation, but which didn’t inspire me to write a longer piece. So my current plan is not to have a featured post this week. Instead, the weekly summary will be extra long. It’s possible some note from the summary will grow in the telling, so that I’ll pull it out into its own article, but so far that’s not happening.

Anyway, I project the summary coming out about 11 EST.

Emergency Measures

4 February 2019 at 16:19

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.

US Constitution, Article I, Section 9

QUESTION: So you don’t need congressional approval to build the wall?

TRUMP: No, we can use — absolutely. We can call a national emergency because of the security of our country, absolutely. No, we can do it. I haven’t done it. I may do it. I may do it, but we could call a national emergency and build it very quickly.

press conference January 4

This week’s featured posts are “Another Week in the Post-Truth Administration” and “Ralph Northam and the Limits of Forgiveness“.

This week everybody was talking about the budget negotiations

But nobody was saying anything terribly insightful about them. The government is funded through February 15, so the conference committee has until then to make a deal. Maybe they’ll succeed and maybe they won’t. But whatever deal does or doesn’t happen, it won’t be negotiated in public. The way these things usually go is that there appears to be no deal until suddenly there is one. Speculation is always titillating, but we’re in a phase where we just have to wait and see.

and the weather

How cold was it? In Chicago, transit crews were setting the train tracks on fire to keep them from freezing over.

Of course, people who don’t understand the science raised the usual question: How can there be global warming if it’s so cold out?

The answer (from Science Alert) is that there’s been a weird airflow pattern, not that the planet as a whole is actually colder than usual. The North Pole was having a heat wave, relatively speaking, after sending much of its cold air south. (It’s like when you stand in front of an open refrigerator door. You’re not eliminating warmth, you’re just reshuffling it.)

A condensed version of Science Alert’s explanation: Melting ice in the Arctic is causing it to reflect less sunlight and absorb more heat. This lowers the temperature differential between the Pole and lower latitudes. Ordinarily, the polar vortex is a high-altitude “river of wind” that is more-or-less circular around the Pole. But the lower temperature differential slows that river down and makes its course more erratic. So occasionally it dips south, carrying polar cold into lower latitudes.

So yes, strange as it sounds, this week’s record cold across the northern and eastern US was in fact evidence of global warming. (This kind of weather will probably happen more often as climate change continues.) And even as the weather was far colder than usual where I live, it was still warmer than usual when you look at the whole Earth.

and Governor Northam

One of this week’s featured posts compares Northam to past Democratic figures like Robert Byrd and George Wallace, both of whom were allowed a measure of redemption.

But a second issue concerns double standards for Democrats and Republicans. Florida Secretary of State Michael Ertel had to resign last week because of blackface photos: He wore blackface to make fun of victims of Hurricane Katrina in 2005. That case didn’t arouse my sympathy. So am I applying different standards to Republicans?

The answer is: Yes I am, and I don’t apologize for it.

Here’s why: Questions of racism get raised by standard Republican positions on issues that come up every day. When you denounce “amnesty” for the undocumented, are you concerned about the rule of law, or are you really thinking that there are already too many brown people in the US? (I mean, why can’t we have more immigration from Norway?) Is it an unfortunate coincidence that your anti-voter-fraud measures suppress the black and Hispanic vote, or is that the point? Are you really supporting your local police, or do you just not care when officers kill young black men? Do you think the government spends too much, or just that it spends too much on people who don’t look like you?

When a politician’s positions on current issues already raise questions about racism, then evidence of racism in his or her past ought to have increased significance.

and national emergencies

The concept of a national emergency is simple: Congress moves more slowly than the Executive Branch. Recognizing that, Congress pre-authorizes the President to take timely actions in situations that are moving too fast for a congressional response.

A national emergency formalizes what President Lincoln did at the beginning of the Civil War: take immediate necessary actions and ask Congress for its approval some other time. (From Lincoln’s message to a special session of Congress assembled on July 4, 1861: “It was with the deepest regret that the Executive found the duty of employing the war power in defense of the Government forced upon him. He could but perform this duty or surrender the existence of the Government.”)

I haven’t read the national emergency laws, so I can’t say for sure what they do or don’t allow. But I do know this: What Trump is proposing (to declare a national emergency so that he can build his Wall without the approval of Congress) invalidates the whole justification of national emergencies.

The situation at the border is largely unchanged since Trump took office, except for humanitarian problems he has caused himself by mistreating refugees. (He could solve those problems without declaring an emergency, just by reversing his own policies.) Events are not moving too fast for Congress to react. In fact, Congress has acted; it just hasn’t done what Trump wanted.

To declare an emergency under these circumstances would be an authoritarian act, an abuse of power that could well be impeachable. The President would not be getting out in front of Congress, he would be circumventing Congress.

He would also be defying the will of the American people. Trump is a minority president, elected with 46% of the vote, nearly 3 million fewer votes than his main opponent. He has remained unpopular throughout his administration; his approval rating has never hit 50%. More recently, Democrats won a majority in the House of Representatives with 53% of the vote. It is Pelosi, not Trump, who has a popular mandate.

and Venezuela

I confess to not paying a lot of attention to South America over the years, so I’ve been looking for background articles that can help me make sense of the current crisis. The BBC has a fairly good one, which I’ll summarize:

Venezuela has a lot of oil, and the potential to be a fairly prosperous country. But in the 1990s it had massive inequality. It sounds like the usual Latin American thing, but moreso: A few families controlled everything and a lot of people were desperate. The new oil wealth just made that worse.

Democracy and inequality on this scale can only coexist for so long, and so Hugo Chávez got elected president as a socialist in 1999. A lot of his reforms were poorly thought out and backfired on the general economy. (The BBC article mentions his price controls, which pushed a lot of the controlled items onto the black market.) But he also spent oil money on programs that improved health care, literacy, and quality of life among the poor. He remained popular for most of his era in power — he died as president in 2013 — but at the same time had very powerful enemies among the upper classes. He consolidated power and became a virtual dictator.

Things started to get really bad late in his administration, when the global price of oil collapsed. The oil revenues had put a blanket over a lot of unsustainable policies, which started to unravel. By now, the country is a mess. About 3 million of the country’s 32 million people have left. US intelligence services estimate that another 2 million refugees will leave soon.

Chávez was succeeded by the current president, Nicolás Maduro, who has not managed to turn things around. He was re-elected last May to a 6-year term that started a few weeks ago. His re-election, though, was rigged, so the opposition says the presidency is vacant now. The Venezuelan Constitution says that when the presidency is vacant, it falls to the head of the Assembly, who is Juan Guaidó. Guaidó has declared himself acting president, which Maduro disputes.

The United States, the EU, and most of Latin America recognizes Guaidó as president. Maduro has the support of Russia, China, and a few other countries. So far the Venezuelan military is sticking with Maduro.

The immediate problem is that legitimacy has broken down. Nobody has a clear claim to be in charge. The Maduro government is clearly not good for the country, but would a Guaidó government be better? A Venezuelan might wish for things to go back to normal, but when was that exactly? In Latin America, “normal” is often a desperate condition for the lower classes.

That’s why the suggestion that American troops might get involved is so worrisome. It’s not that the Maduro government deserves to survive, but that we could easily wind up fighting to help plutocrats keep the common people down. In Tuesday’s Senate Intelligence Committee hearings, Senator Marco Rubio listed the misdeeds of the Venezuelan government and raised the question:

Is it not in the national interest of the United States of America that the Maduro regime fall?

Senator Angus King of Maine responded with caution:

[Senator Rubio] listed refugee flows, human rights abuses, and corruption. There are lots of countries in the world that meet that description, and our right or responsibility to generate regime change in a situation like that, I think, is a slippery slope. I have some real caution about what our vital interests are, and whether it’s our right or responsibility to take action to try to change the government of another sovereign country. That same description would have led us into a much more active involvement in Syria, for example, five or six years ago.


An additional problem from the US perspective is that Venezuela has taken on symbolic meaning for American conservatives: It’s a cautionary tale illustrating why you should never elect socialists. Whenever an American progressive proposes Medicare for All, a conservative will start talking about Venezuela, as if no other country in the world had universal health care, and as if American progressives look to Venezuela as a model rather than Denmark or Sweden or Canada, which were the top three countries in US News’ 2018 best-quality-of-life ratings.

Venezuela’s symbolic significance makes it harder to see what is actually happening there.

but maybe we shouldn’t have been talking about Howard Schultz

OK, he’s rich and he wants to be president. But so far, as best I can tell, he doesn’t have a base or a signature issue or a poll showing that any measurable number of people would vote for him. So I can’t figure out why his potential candidacy is worth all this attention. Why is he getting so much free media?

The Schultz media rollout has been eye-popping, with the billionaire sitting down for interviews with not only 60 Minutes, but CBS This Morning, CNBC, Goop, the New York Times, ABC’s The View, MSNBC’s Morning Joe, and NPR’s Morning Edition.

and you also might be interested in …

Cory Booker has joined the 2020 race.


Last Monday, a Trump tweet endorsed the “Biblical Literacy” legislation that has been proposed in a number of states, including Missouri, North Dakota, Virginia, and West Virginia. Arizona, Arkansas, Georgia, Kentucky, Oklahoma, Tennessee and Texas already have such laws. The point is to require public schools to offer elective courses that teach about the Bible.

Americans United for the Separation of Church and State comments on its blog:

To be clear, the classes are not per se unconstitutional. But Bible classes must be taught in accordance with constitutional requirements set out by courts. These courses must be taught in a nondevotional manner with no attempt made to indoctrinate students as to either the truth or falsity of biblical accounts. The courses should not be taught from the perspective that the Bible is a literal historical record, and such courses must expose students to critical perspectives on the Bible and a diversity of scholarly interpretations.

In other words, you can teach that the Gospel of John says Jesus rose from the dead. But you can’t teach “Jesus rose from the dead” as a historical fact, citing John as your authority. The same thing applies to any other religion. Students should learn what Muslims believe about the origin of the Quran: The Archangel Gabriel recited it to Muhammad. But that’s different from teaching them that this recitation actually happened.

Similarly, there’s nothing wrong with a high school class reading the Book of Job or the Song of Solomon and discussing them the same way they would discuss The Odyssey or any other ancient text. (Though probably most high schools would consider Song of Solomon too racy.)

It’s not that hard a distinction to understand, if you want to understand it. Unfortunately, a lot of Christian fundamentalists would rather not understand it or observe it.

Texas passed one of these bills in 2009, and the resulting classes offered in many districts have been very problematic. Six years ago, Mark Chancey, a religious studies professor at Southern Methodist University, surveyed courses in 60 districts around the state. Only 11 districts, Chancey found, were “especially successful in displaying academic rigor and a constitutionally sound” approach. The other 49, he found, “were a mixed bag, some were terrible.” Chancey singled out 21 districts as offering “especially egregious” instruction. According to Chancey’s research, public school students in these courses were taught that “the Bible is written under God’s direction and inspiration,” Christians will at some point be “raptured,” and that the Founding Fathers formed our country on the principles of the Holy Bible. (Kentucky passed one of these laws as well and has had similar problems.)

In fact, a properly taught Biblical Literacy course would probably horrify the very people who are pushing to create such courses, because it would teach students that over the centuries the Bible has been read and interpreted many different ways. Whatever your pastor told you is not the only way to think about it.

What Project Blitz and other backers of Biblical Literacy courses want instead is to have the government endorse their particular theology, and to force non-believers to pay taxes that promote fundamentalist Christian views. That has been illegal at least since my friend Ellery Schempp (he’s still alive and belongs to my church) won his Supreme Court case in 1963.


The first priority of House Democrats, H.R. 1, is a bill to curb corruption and make it easier to vote. Among other things, it would make Election Day a national holiday, so that workers would have an easier time making it to the polls. It would also expand early voting, require the president and vice president to publish the last 10 years of their tax returns, force SuperPACs to reveal where their money comes from, make government contractors report their political contributions, provide federal matching funds to encourage small donations to political campaigns, make voter registration an opt-out system rather than an opt-in system, reduce gerrymandering, and do many other things to make elections a truer gauge of the will of the People.

Mitch McConnell, of course, is against it and will not bring it to the floor of the Senate after it passes the House. The bill, he says, is a “power grab“. And he’s right, it is. It is an attempt to grab power for the American people. McConnell’s GOP, which represents a minority of the American people but a majority of the super-rich, would have some of its power taken away. GQ’s Luke Darby has it right:

What McConnell calls a “power grab” is common practice in most functioning democracies. But building and maintaining a functioning democracy has never been his priority.

Meanwhile, Texas is steaming ahead on suppressing the votes of non-whites.


Trevor Noah: The black community has been saying for years that the police have too much power to wreck people’s lives, and Trump has paid no attention. But now the President is outraged when that power is used against his henchmen, as when Roger Stone was hauled to jail in a predawn raid on his home.

These guys are genuinely shocked when the police use the same force on them that they’ve been using on so many other people in the country, unchecked.


I put off writing this article for so long that now David Brin has written it. Adam Smith and F. A. Hayek don’t have anything to do with present-day conservatism. The current free-market-worship really has no philosophy behind it. It’s pure superstition.


Gizmodo’s Kashmir Hill is cutting the big internet companies out of her life and chronicling what changes. This week it’s Google, and it affects a lot more things than you’d think.


Texas Secretary of State David Whitley has been circulating “a list of 95,000 registered voters who were matched with people flagged by the Texas Department of Public Safety as being noncitizens … 58,000 of whom have voted in TX elections”. The Atlantic explains why you shouldn’t take this claim seriously, even if Trump does.

Several years ago I looked at a similar claim about dead people voting in South Carolina. The state attorney general was claiming that his computer search showed that 900 dead people had voted. His claim fit the right-wing narrative, so he made the talk-radio circuit and got interviewed on Fox News.

As soon as the election boards started investigating his list, though, the whole thing unraveled. It turned out there were a bunch of legitimate ways a name might end up on that list, from mistaken identity to clerical error to having a heart attack two seconds after you dropped your absentee ballot into the mailbox. Eventually the state police got pulled into the investigation, and when they were done the number of unexplained cases was down to three, with no clear evidence of election fraud even for those three.

Something similar will happen here.


Here’s a dam good metaphor.


Last Monday, Sarah Sanders held the first White House briefing in more than a month, and CNN decided not to cover it live. MSNBC stopped routinely airing live White House briefings in November. Both networks send reporters and camera, but then let their editors decide what was newsworthy.

This is part of the media’s evolving strategy for dealing with a White House whose communications include more disinformation than information. Finally, news networks are realizing that they are not obligated to give the White House a open channel to lie to the American people. That doesn’t serve the country and doesn’t serve their viewers.

That gradual evolution started early on, when a lot of news hosts stopped inviting Kellyanne Conway for interviews, since it is virtually impossible to get any useful information out of her. A few weeks ago, CNN’s Chris Cuomo had Conway on, and Don Lemon shook his head sadly as he and Cuomo had their nightly handoff conversation. I agreed with Lemon: The Cuomo/Conway fencing match was entertaining for people who are into that kind of thing, but no one learned anything from it.

The people who parrot Trump’s fake-news denunciations of CNN saw hypocrisy here: CNN criticized the White House for not have briefings, and then didn’t cover the one they had. But I don’t buy it. What journalists are asking for is the kind of news briefings they got during every other administration of the television era: A chance to ask the press secretary questions and get answers that may be slanted, but were mostly reliable. Previous press secretaries often didn’t know answers to questions, but made a good-faith effort to get them. Sanders offers fake briefings that are full of outright lies, and if she doesn’t know the answer to a question, that’s the end of it; she’s not going to put any effort into finding out.


Meanwhile, I’m trying not to get too excited about Sarah Sanders saying that God wanted Trump to be president. Her interview with CBN is one of those shiny objects that is supposed to distract us from Trump’s disastrous shutdown and the increasing likelihood that he’s a Russian asset. But I do have to point out that God denied Sanders’ claim on Facebook.

What? You don’t think that’s the real God? Maybe not, but I think whoever owns that Facebook page has as much right to speak for God as Sarah Sanders does.

and let’s close with something for the birds

About 10,000 people in a mountainous part of Turkey speak “bird language“, a whistle-based system of communication.

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