Blog on the Run: Reloaded

Monday, March 11, 2019 6:47 pm

For once, Nancy Pelosi gets it wrong. WAY wrong.

History shows that not impeaching Donald Trump for his crimes will open the door to even worse Republican behavior in the future. For the sake of the country, we cannot allow that to happen.

House Speaker Nancy Pelosi said today that she is not inclined to impeach President Donald J. Trump. Responding to an observation from a Washington Post reporter that calls for Trump’s impeachment are growing, she responded:

I’m not for impeachment. This is news. I’m going to give you some news right now because I haven’t said this to any press person before. But since you asked, and I’ve been thinking about this: Impeachment is so divisive to the country that unless there’s something so compelling and overwhelming and bipartisan, I don’t think we should go down that path, because it divides the country. And he’s just not worth it.

I don’t lightly contradict one of the most able and storied politicians of my lifetime. But I have spent that lifetime observing, and living with, the consequences of Democratic failure to hold Republicans responsible for their crimes.

Gerald Ford pardoned Richard Nixon. At the time, he said it was to appeal to a sense of national unity — kind of the same thing Pelosi is saying here. He even testified to that before Congress. But years later, he confessed to the Post’s Bob Woodward that in fact he had pardoned Nixon simply because he and Nixon had been friends. Woodward didn’t see fit to share that fact with the world until Ford had died, which is one reason I have found it very difficult ever since to take him seriously as a journalist. Americans had a right to know why Ford had done what he had done, because had Nixon gone to prison, it is entirely likely that Reagan never would have been elected president and all the executive-branch crime of his era never would have happened.

Democrats decided not to impeach Reagan even though Reagan had ordered arms to be traded to Iranian militants for hostages and had sold those same militants arms, with the proceeds to be used to fund Nicaraguan conservative insurgents even though Congress had strictly forbidden any such spending. The so-called Iran-contra scandal ended with neither Reagan nor then-vice president George H.W. Bush being impeached or charged. And Bush, at the tail end of his single term as president, pardoned most of the Iran-contra offenders.

Bush’s son, George Walker Bush, ordered torture and warrantless domestic wiretapping used as instruments of government policy despite the fact that they violated the Constitution and both international and U.S. law. But Nancy Pelosi, who became House Speaker for the first time after the 2006 midterms, famously declared impeachment “off the table” then. And after Democrats regained control of the executive branch, President Barack Obama’s attorney general, Eric Holder, never sought to hold Bush or his underlings accountable for the war crimes they had committed (or for the damage they had done to the economy, for that matter).

Had that happened, the GOP would have been far less likely to nominate in 2016 a man with a long history of association with organized crime. There are not many bets you can make about history, but I’m pretty sure that one is solid.

Ronald Reagan was elected when I was 20. I’m now on the cusp of 60. And EVER. SINGLE. REPUBLICAN. PRESIDENTin my adult lifetime has committed criminal acts and escaped, primarily because of Democratic concerns about whether the country could handle holding them accountable.

Well, I’ve got a question for Nancy Pelosi and all Democrats who think as she does:

HOW’S THAT WORKIN’ OUT FOR YA, NANCE? Because it SURE isn’t workin’ out for ordinary Americans.

Consider this: In 1998, the Republican House impeached Bill Clinton, a popular president who had lied about consensual but adulterous oral sex. House Republicans took it in the teeth in that year’s midterms, but still held control of the House. You know what else happened?

  • The GOP continued to hold both the House and the Senate until after the 2006 midterms, regained the House in 2010 and regained the Senate in 2014.
  • The GOP regained the White House (with Supreme Court-engineered theft) in 2000 and with Russian-engineered theft in 2016.

The idea that Democrats would pay a political price for doing the right thing is laughable. The idea that the country couldn’t handle the truth is laughable. The idea that there isn’t a basis for impeaching Donald J. Trump right now, this very second, is laughable.

But let’s say Pelosi wants to act out of an abundance of caution (as opposed to ignoring her constitutional obligation to hold the president accountable). Here’s what she can do:

  • Accept that Donald Trump already has admitted that he fired FBI director James Comey to interfere with an investigation. That’s obstruction of justice.
  • Accept that the Trump family has been benefiting since Trump’s first day in office from people staying at Trump properties that should have been placed in a blind trust but never were — a violation of the Constitution’s emoluments clause.
  • Accept that Trump has refused to hold his nominees and employees accountable under the law or to act on his constitutional, legal and regulatory obligations — a violation of the Constitution’s take-care clause.
  • Accept that Trump has attempted to get NFL players fired for kneeling in protest against police brutality — a felony violation of 18 USC 227.

And that’s only a fraction of what’s already out there in the public record. I suspect that investigations by the House Government Oversight Committee, House Select Permanent Committee on Intelligence and House Ways & Means Committee, to name just three, also will find grounds for impeachment ranging from obstruction of justice to espionage to tax fraud.

Pelosi needs to understand that there already is a compelling case for impeaching Donald Trump right this minute and that that case is going to grow stronger, not weaker, with time.

She needs to understand that for all of her accomplishments, history is going to judge her on her response to this question and this question alone.

And she needs to do the right thing for the country: Impeach Donald Trump. Maybe not now, but soon, and well before the 2020 election. Trump is the Framers’ worst nightmare, and Congress should respond to that fact accordingly.

 

 

 

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Saturday, March 9, 2019 4:41 pm

At long last, David Brooks starts to get it

I almost never have anything good to say about the New York Times’s David Brooks, nor should I. His whole career is built on a foundational dishonesty: He believes and says that liberals and conservatives in America are equally to blame for all our problems and that only wise moderates (such as himself, of course) can lead the country forward constructively. And because he’s a rich white guy who writes for The New York Times, people figure, well, he must know what he’s talking about. Because they wouldn’t give that job to a guy who doesn’t know what he’s talking about, would they?

In point of fact they did, and were it not for the relentless pursuit of the blogger Driftglass, many fewer people would know about it.

Frankly, wedded as he appears to his own grift, I’d long since given up hope that Brooks was capable of learning anything, even something so simple and obvious that a lot of his intellectual and moral betters intuited it in middle school. And yet he has: In a column posted March 7, he acknowledges that, five years after Ta-Nehisi Coates’s groundbreaking, Polk Award-winning essay in The Atlantic, “The Case for Reparations,” the meaning of the words in Abraham Lincoln’s Second Inaugural Address appears finally to have permeated his mental block. Lincoln said:

“Yet, if God wills that it continue until all the wealth piled by the bondsman’s 250 years of unrequited toil shall be sunk, and until every drop of blood drawn with the lash shall be paid by another drawn with the sword, as was said 3,000 years ago, so still it must be said ‘the judgments of the Lord are true and righteous altogether.’”

Much to my surprise, and very much to his credit, Brooks grapples with these words long and hard enough to arrive at some very solid conclusions:

There are a few thoughts packed into that sentence. First, there is a natural moral order to the universe. There is a way things are supposed to be — more important than economic wealth or even a person’s life.

Second, moral actions are connected to each other. If somebody tears at the moral order by drawing blood through the lash of slavery, then that wrong will have to be paid for by the blood of the sword. History has meaning. It’s not just random events.

Third, sin is anything that assaults the moral order. Slavery doesn’t merely cause pain and suffering to the slave. It is a corruption that infects the whole society. It is a collective debt that will have to be paid.

Fourth, sin travels down society through the centuries. Lincoln was saying that sometimes the costs of repairing sin have to be borne generations after the sin was first committed.

He goes on to acknowledge that while people of many backgrounds have suffered during the history of the English colonies and then the United States, the suffering of African slaves, Native Americans and their descendants has been uniquely awful, with uniquely awful consequences:

Slavery and the continuing pattern of discrimination aren’t only an attempt to steal labor; they are an attempt to cover over a person’s soul, a whole people’s soul.

That injury shows up today as geographic segregation, the gigantic wealth gap, the lack of a financial safety net, but also the lack of the psychological and moral safety net that comes when society has a history of affirming: You belong. You are us. You are equal.

He endorses Coates’s understanding of what we need and why we need it. As Coates wrote:

And so we must imagine a new country. Reparations — by which I mean the full acceptance of our collective biography and its consequences — is the price we must pay to see ourselves squarely. … What I’m talking about is more than recompense for past injustices — more than a handout, a payoff, hush money, or a reluctant bribe. What I’m talking about is a national reckoning that would lead to spiritual renewal.

Brooks concludes:

We’re a nation coming apart at the seams, a nation in which each tribe has its own narrative and the narratives are generally resentment narratives. The African-American experience is somehow at the core of this fragmentation — the original sin that hardens the heart, separates Americans from one another and serves as model and fuel for other injustices.

The need now is to consolidate all the different narratives and make them reconciliation and possibility narratives, in which all feel known. That requires direct action, a concrete gesture of respect that makes possible the beginning of a new chapter in our common life. Reparations are a drastic policy and hard to execute, but the very act of talking about and designing them heals a wound and opens a new story.

Do not presume that I think for one minute that this column lets Brooks off the hook.

We are “a nation coming apart at the seams” precisely because of the kinds of policies and politicians Brooks has promoted, supported, and served as an apologist for — often with staggering levels of contextual and/or intellectual dishonesty — for more than two decades. Brooks acknowledges and repents for none of that here, almost certainly because he has yet to begin the hard work of critical self-examination. (I would suggest he started by reading Driftglass, but that’s just me.) And his column offers no evidence whatever to prove that he ever will.

But, like the blind men and the elephant in the old story, he has, by touch more than sight, begun to grasp some of the contours of a problem, and a moral necessity, that he has up until now never rightly understood. As I said earlier, a lot of people not necessarily any smarter than he began to intuit those things at a much earlier age. But, frankly, that he has begun to do so now is more than that of which I ever had thought him capable, so I owe him credit where due.

Do I think this will change anything in the near term? I do not. The people in position to begin any sort of serious discussion of reparations in the policy sphere oppose reparation and consider The New York Times and its writers enemies of the people.

But Brooks’s unaccountable popularity as a “moderate” means that maybe more Americans will reconsider the idea of reparations who otherwise might not have done so. It’s a small candle amidst a lot of cursed darkness right now, but I’ll take it.

Wednesday, March 6, 2019 7:48 pm

The rock-and-roll bone connects to the baseball bone, and they both connect to the physics bone …

What united them was physics.

Sara Romweber, formerly the drummer for Let’s Active, Snatches of Pink and the Dex Romweber Duo, who died Monday of brain cancer, was renowned for being able to draw big, loud sounds from her drum kit despite being pretty unimposing physically.

The reason, according to Snatches bassist Andy McMillan in an appreciation by longtime N&O music critic David Menconi, was wrist speed: “Sara had amazing quickness in her wrists.” Why does that matter? Because wrist speed, more than overall size or arm musculature, is what determines the velocity of the tip of the drumstick and therefore the energy that drumstick imparts. And THAT was where her wall of sound came from.

That tidbit resonated with me because I’d once heard something similar about another person whose performance I had admired: baseball home-run king Henry Aaron. Aaron wasn’t a small man by baseball standards, but nothing in his physical appearance gave any clue as to why he should be so much better at hitting long balls than many other men his size.

What was the difference? His wrist speed, which Ted Williams, inarguably the greatest overall hitter in baseball history, said he admired. (But don’t take my word for it. See for yourself). Aaron’s wrists, at the extreme pivot point in his swing, generated enormous speed at the head of the bat, and that speed imparted the energy needed to hit a baseball over the fence.

That both Aaron, who’s still with us, and Romweber were humble, self-effacing artists who wore their fame lightly is probably coincidental. And I suspect that there are a lot of other areas in which wrist speed contributes to excellent performance, from cooking to, oh, I don’t know, Formula 1 racing. But having a liberal-arts education, I’m just tickled at this wonderful connection between two otherwise deeply disconnected parts of my life, a connection illuminated by a third, also disconnected interest, physics, that dates back to my grade-school infatuation with astronomy.

And while I am sorry that Sara Romweber is gone, I have a ton of good memories of her music, both recorded and live. I am happy that I got to meet her and talk to her and find that she was almost oblivious to her own celebrity, just the kid down the street who plays drums. And I’m glad that we still have Henry Aaron with us — you should read his autobiography, “I Had a Hammer” — for whatever time God allows.

Wednesday, January 23, 2019 6:47 pm

Impeachment: OK, now it’s go time, redux

On Friday I said we can wait no longer to begin holding impeachment hearings for Donald Trump in the Houses of Representatives. Now I’m gonna tell you a little more about how we can do that.

You don’t have to be a lawyer to understand this. You just need to know that Trump, like every president before him, swore an oath to “faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” (That oath is found in the Constitution at the end of Section 1 of Article II.)

Now, is there anyone out there who’s prepared to argue, seriously and sincerely, that Dolt 45 has faithfully executed the office? Or that he has worked to preserve, protect and defend the Constitution? Not only has he failed to do so, he has deliberately attempted to do otherwise.

Indeed, hundreds, nay thousands, of contrary examples exist in the public record. The House hearings could go on for years if they attempted to be comprehensive.

The Constitution, in Article II, Section 3, also requires the president to “take Care that the Laws be faithfully executed.” I think creating and artificially extending a government shutdown is not taking care that the (spending) laws be faithfully executed. I imagine it wouldn’t take much to convince a House majority of that, either.

That is what the House should do. It doesn’t need to wait for Robert Mueller, and it shouldn’t. Speaker Nancy Pelosi should direct House Judiciary Chairman Jerry Nadler to open those hearings at once, amass evidence of Trump’s malfeasance, and issue articles of impeachment for the full House to consider.

The country can’t wait any longer. Let’s do this.

 

Friday, January 18, 2019 8:02 pm

Impeachment: OK, now it’s go time

Buzzfeed reports that special counsel Robert Mueller has documentary evidence that Donald Trump ordered his attorney Michael Cohen to lie to Congress. If that’s true, Trump must be impeached immediately.

Donald Trump committed his first impeachable offense on his first day in office and has continued it daily since: profiting personally from his D.C. hotel, to which his supporters here and abroad flock, in violation of the Constitution’s Emoluments Clause. He did it right out in the open, where everyone could see it, no investigation required.

And there are varying degrees of proof in the public record that he has committed other arguably impeachable offenses, too, including but not limited to suborning perjury, money laundering, sedition (if not treason), and so on.

Since May 2017, special counsel Robert Mueller has been investigating ties between Russia and the 2016 Trump presidential campaign, as well as such possibly related issues as money laundering.

Trump was able to do what he did because for the first two years of his term, Republicans controlled both houses of Congress. They would neither hold Trump accountable nor allow Democrats to do so.

That changed on Nov. 6, when Democrats scored a victory not seen since the immediate aftermath of Watergate. Incoming Democratic House committee chairs vowed that Trump would undergo oversight.

As I say, Trump has been guilty of at least one impeachable offense since Day 1. And I believe he should be impeached, on that charge and others. But up until this morning, I had been (grudgingly) content to await the results of the Mueller investigation and/or any reports from the House investigating committees before Congress started discussing that.

And there’s a reason for that: Impeachment, a remedy included in the Constitution by the Framers, is an inherently political act. Other than treason and bribery, the Constitution doesn’t say what an impeachable offense is, with the practical result that an impeachable offense is whatever a majority of the House of Representatives thinks it is. Accordingly, I thought that for any impeachment effort to have much public support, it should be based on the findings of Mueller and/or the House. After all, when Republicans outran public support for their investigation of Bill Clinton in 1998, they paid heavily for it in that year’s midterms.

That changed this morning, when I read the Buzzfeed report that Mueller has documentary evidence that Trump ordered his attorney Michael Cohen to lie under oath to Congress about when negotiations on the proposed Trump Tower Moscow ended. Indeed, Cohen wasn’t even a source for the story. Mueller obtained the documentary evidence first and then went to Cohen for confirmation, which Cohen provided.

Directing another person to commit perjury — “suborning perjury” — is a felony punishable by up to five years in prison and a fine. Not only that, Trump’s nominee for attorney general, Robert Barr, whose confirmation hearings were held this week before the Senate Judiciary Committee, testified in response to questions from both Republican and Democratic senators that for the president to suborn perjury would definitely constitute a crime. (I’m not entirely sure Barr knows what he’s getting into here, and I’m very sure he’s not up to the task and might even be compromised, but that’s a subject for another post.)

Suborning perjury was the first thing mentioned in Richard Nixon’s articles of impeachment. There should be no doubt in anyone’s mind that if in fact the Buzzfeed report is true, the House needs to be drafting articles of impeachment immediately.

Is the Buzzfeed article true? To be fair, we don’t know. It was sourced to two unnamed federal agents. The reporters said they had seen some of Mueller’s documentary evidence, but they could  not obtain and publish copies. At this writing, no other news outlet has independently confirmed the report that I know of.

On the other hand, Buzzfeed, although a new-media upstart, is a credible and professional news outlet — so credible and professional that it was a 2018 Pulitzer Prize finalist in international reporting for what the Pulitzer board called its “stunning probe across two continents that proved that operatives with apparent ties to Vladimir Putin have engaged in a targeted killing campaign against his perceived enemies on British and American soil.” And Jason Leopold, the lead reporter on the piece, is well-regarded as a “ninja” in the business for the ways in which he has used the federal Freedom of Information Act to expose government wrongdoing. (Yes, Buzzfeed catches crap for publishing listicles and other eye candy — but that’s how it pays for investigative reporting. For the record, in 25 years in newspaper I didn’t work for a single paper that didn’t pay for the investigative work with sports, comics, and horoscope, and I don’t recall anyone complaining.) So while we don’t know whether the article is accurate, I think its accuracy is far more likely than not. And if it is accurate, that gun is as smoking and hot to the touch as they come.

Adam Schiff, the California Democrat who chairs the House Permanent Select Committee on Intelligence has said that his committee will be investigating the allegation. Ideally, Mueller will share at least enough of his documentation with Schiff to provide a basis for a referral to the Judiciary Committee for impeachment. And once that happens, Judiciary needs to roll out articles of impeachment and the House needs to pull the trigger.

We are in the midst of the longest government shutdown on record, and it is 100% the responsibility of Donald Trump and the Republicans. The House has passed measures to end it. The Republican-controlled Senate even passed a spending bill 100-0 that Trump rejected after conservative propagandists Ann Coulter and Rush Limbaugh criticized it. Since then, GOP Senate leader Mitch McConnell has not allowed another Senate vote. Trump and McConnell are holding 800,000 federal employees and an untold number of private contractors hostage over Trump’s plan to build a wall on the country’s southern border — a wall that, at this writing, almost 60% of Americans say they oppose. If the shutdown continues much longer, it may well push the country into a recession.

This presidency is on fire. This country is on fire. Given what we learned today, we cannot wait any longer. The House needs to go ahead and impeach Trump for suborning perjury; the Mueller investigation and House committee investigations should continue their investigations, but we can’t afford to wait for them anymore. Impeach Trump. Now.

UPDATE: Welp, Mueller’s office is denying the Buzzfeed story, The Washington Post is reporting. So stay tuned, kids.

 

 

 

Thursday, January 17, 2019 6:55 pm

It’s all Colbert’s fault

I blame Stephen Colbert.

The comedian was speaking to the White House Correspondents Association annual dinner in April 2006 — to the audience in general, but to President George W. Bush, whose poll numbers by then were low, in particular. Colbert said:

Now, I know there are some polls out there saying that this man has a 32% approval rating. But guys like us, we don’t pay attention to the polls. We know that polls are just a collection of statistics that reflect what people are thinking in “reality.” And reality has a well-known liberal bias.

Even then, people were getting news from comedians as well as traditional print and online news sources — and even then, if you live in reality, you had to admit that the comedians frequently provided a … well, less distorted version of objective reality than the traditional news sources.

Only here’s what I think sometimes happened. I think conservatives heard that line and took it literally. Frankly, not much else explains both the behavior of Donald Trump and the Republican Party leadership and the more or less unbudging support for Trump of roughly 37% of the population (although we learned today, from multiple sources, that that number might, finally, be slipping). They’ve shown an aversion to reality that, frankly, is hard (though not impossible) to explain any other way.

And all kidding aside, that aversion to reality can have and is having dangerous effects on the world, our country, and us personally. Only reality-based solutions to problems are likely to work.

Global warming is a huge threat to civilization, and the experts in that field say we have roughly 10 years left to make the significant changes needed to reduce the threat. Republicans mostly oppose any effort to do anything about it. That’s a step up; not so long ago most refused even to acknowledge that global warming existed.

In terms of economics, Republicans have been peddling fantasy for 40 years. No, tax cuts generally never pay for themselves, and big tax cuts on the highest earners in our country not only haven’t paid for themselves, let alone delivered the economic growth that was promised, they’ve also had the effect of funneling wealth up from the working class and middle class to the already very wealthy. I think it’s fair to say that Republicans know their tax policy is fantasy; they just don’t care.

And their policies in areas from health care to the environment are not fact-based, either, and pose the risk of tens of thousands of additional premature American deaths every year.

So it’s all Colbert’s fault, and he needs to reopen the government.

 

 

Wednesday, January 16, 2019 7:17 pm

These two things are not the same

It is hard to believe that there are still people around who think that both major political parties in the United States are the same and that they are equally bad. But I ran into one today.

Truth is, they’re not, and here’s some proof:

One and only one party has relied on appeals to bigotry, with decreasing subtlety, for more than 50 years.
One and only one party supports a fact-free economic and tax policy, one that further enriches the already very rich mainly by hoovering up what remains of the wealth of the middle class and the working class.
One and only one party has made torture an instrument of national policy.
One and only one party wiretapped its own citizens without a warrant in felony violation of the law and then, when the news became public, retroactively changed the law to escape punishment.
One and only one party wants to funnel money to for-profit prisons.
One and only one party denies the existence of anthropogenic global warming.
One and only one party supports energy policies that will make global warming worse, not better, even as scientists say we have roughly 10 years, at best, to do some pretty drastic things just to level it off.
One and only one party is imprisoning children at the border.
One and only one party is pushing to reduce LEGAL immigration by 50%, which would be economic suicide.
One and only one party is working actively to weaken our international economic and military alliances and gutting our State Department.
One and only one party is tolerating more than 30,000 firearm deaths per year, many of them absolutely preventable.
One and only one party is just fine with Saudi Arabia assassinating a U.S. journalist.
One and only one party is acting as an agent, or at least an asset, of a hostile foreign power.
 
I could go on, but I hope you get my point: Both parties are not the same. Republicans are demonstrably worse for the country than Democrats and have been since no later than 1992 and arguably since the early 1960s. Anyone who says the two parties are equally bad is lazy, ignorant or lying. There’s no other option.

Friday, January 4, 2019 1:03 pm

Election 2020: I do not like the whole idea of likability

Ignore anything and everything you read about a presidential candidate’s “likability,” particularly if that candidate is a Democratic woman. Republican House Speaker Paul Ryan of Wisconsin left office Thursday with an honest-to-God favorability rating of 12%. During gardening season, actual cowshit is more popular.

On Monday, Sen. Elizabeth Warren of Massachusetts became the first Democrat to announce that she was forming a 2020 presidential-campaign exploratory committee. And just like that, the political press served notice that it was going to be just as sexist and idiotic as it had been in 2016.

Politico, whose reporting frequently is essential but whose analysis and opinion seems to be at least 50% pro-Republican horseshit, popped up noon Monday with “Warren Battles the Ghost of Hillary,” which suggested that Warren might be just as “unlikable” as Hillary Clinton had been in 2016 and therefore doomed as a candidate.

The anti-Elizabeth Warren narrative was written before the Massachusetts senator even announced she was exploring a presidential run.

She’s too divisive and too liberal, Washington Democrats have complained privately. Her DNA rollout was a disaster — and quite possibly a White House deal-breaker. She’s already falling in the polls, and — perhaps most stinging — shares too many of the attributes that sank Hillary Clinton.

In the year of the woman, it adds up to one unwelcome mat for the most prominent woman likely to be part of the 2020 field. But it also presents an unmistakable challenge: How does Warren avoid a Clinton redux — written off as too unlikable before her campaign gets off the ground?

Man, there is so much horseshit here that you probably would need dynamite to unpack it.

  • First of all, how is it that there is any “anti-Elizabeth Warren narrative” at all just hours after her announcement? Answer: People have been lying in wait for her for a while. And who would do that? People who are anti-Elizabeth Warren. Duh. There is no organic “anti-Elizabeth Warren narrative” at this point, only propaganda.
  • And how is it that there is an “anti-Elizabeth Warren narrative” that is similar to Hillary Clinton’s? After all, Hillary Clinton has been in the public eye for 35 brutal years, whereas five years ago most Americans had no idea who Elizabeth Warren was. Answer? Sexism: The implicit message of this comparison is that no female candidate, or at least no Democratic female candidate, can be trusted.
  • Too divisive? How? How does one quantify “divisive”? Sophisticated polling can sort of, kind of get at that — more on that in a bit — but as of Monday, not very much had been done on Warren, and certainly nowhere near as much as has been done on Clinton.
  • Too liberal? First, there’s always the tiresome and mostly unanswerable question of how one defines “liberal.” And if you can’t define that, how does one quantify how much liberalism is enough vs. too much? And “too much” on what scale? An ideological scale? As opposed to other candidates? Of course, Warren being the first, there were no other candidates when this piece was written.
  • And who are these “Washington Democrats” who call her too divisive and liberal? I may have spent my career with daily newspapers and their admittedly stodgy websites rather than online creations of the Kewl Kids, but we didn’t let political opponents snipe at each other anonymously, for good reason: It isn’t ethical, and even more importantly, it adds nothing to the reader’s understanding. Half-competent journalists should make political opponents call one another out by name, with all agendas out where the public can see them. That enhances reader understanding, which is, or ought to be, the point of it all.
  • Warren’s “DNA rollout” was a forthright response to a libelous criticism from a sitting president of the United States. To call it a “disaster” is pure editorializing: I am in no way an expert on this, but to the extent that Native Americans themselves have criticized her for having had her DNA tested, they appear to be privileging custom over science, arguing that without her name on a tribal roll, a DNA test means nothing. (If I’m missing something on this point, I’m happy to be corrected.) In any event, given Donald Trump’s apparently being an agent of a hostile foreign power, his tax fraud, his serial violations of the Emoluments Clause, his history of serial sexual assault, to be suggesting that a DNA test fatally damages a candidate for president is to display both practical ignorance and moral stillbirth. I am somewhat sympathetic to the argument that her timing, during the Blue Wave, suggests she put self ahead of party, but 1) absent additional information that is hardly the only explanation, and 2) If you’re going to make putting self ahead of party a criterion (and you should), there are far greater offenders. Bernie Sanders and Corey Booker come immediately to mind.
  • “Shares too many of the attributes that sank Hillary Clinton”? And what are they, pray tell? An electoral college founded in not just slavery but also in cosseting the whiny, bitchy, gimme attitudes of the slave states? A grossly bigoted electorate? Enemies in the Kremlin? Republican vote-suppression efforts in Wisconsin, Michigan, Pennsylvania, and North Carolina? Third-party candidates secretly supported by the Russians? Because those are the “attributes” that sank Clinton. By 65 million to 62 million, American voters favored her.

And that’s just three paragraphs. Holy shit. The piece goes on for many paragraphs more, laden with sexism and editorializing and almost unburdened by fact, all predicated on the notions that likability is real, that it matters, that it can be quantified, and that Elizabeth Warren has less of it than other Democrats and perhaps even less than Trump.

And that’s just one candidate. Multiply this bullshit across the dozen-plus likely 2020 Democratic presidents, candidates, many of them women, and you would be forgiven the urge to burn down every single U.S. news outlet.

Well, here are some facts.

“Likability” is incredibly subjective. It cannot be quantified or measured except in the most relative of terms. It is subject to pollution from bias, from lack of information, from lack of context. The closest we can quantifiably get to it is the favorability/unfavorability ratings of polls. The same recent Quinnipiac University poll that scored Warren’s favorability/unfavorability ratings at 33%/37% scored Donald Trump’s at 39%/52%, and yet somehow Warren’s “unlikability” gets all the attention.

And if you Google likability with respect to politicians, you’ll find that the subject comes up WAY more often in articles about women than in articles about men. There’s a reason for that, and it’s not a good one.

And here’s another fact, even more to the point:

Republican House Speaker Paul Ryan of Wisconsin left office Thursday with an honest-to-God favorability rating of 12%. During gardening season, actual cowshit is more popular. And yet our news media are convinced that Elizabeth Warren 1) is unlikable and 2) cannot be elected president because of it. That ought to adjust your attitude regarding any “analysis” you read about Democratic candidates for the rest of the 2019-2020 election cycle for offices at any level.

So what to do about it? I covered politics for 25 years, some years better than others, so here are my modest suggestions for consumers of news in general and people wondering which Democratic presidential candidate to support in particular:

  • For now, DO NOTHING. The actual voting doesn’t begin for another 13 months. As of this writing, Warren has formed an exploratory committee and Washington Gov. Jay Insbee has said he intends to. No one else is even close to being a formal candidate. If you were utterly undecided on a candidate a week or a month ago, there is no reason for you to even think about picking a candidate until 1) everyone who is going to run has formally announced and filed their paperwork, and 2) at least some of the Democratic presidential debates, which start in June, have come and gone. You can wait at least six months without sacrificing a thing, and unless you have some kind of personal attachment/connection to a candidate, you probably want to see how the candidates perform in several debates before picking one to support.
  • At least until the number of remaining Democratic presidential candidates is reduced to two, avoid the temptation to criticize a candidate or candidates you do not support. Instead, talk up the candidate you favor. Send him/her money. Find a way to volunteer for his/her campaign, even if it’s only making phone calls.
  • Whether you are talking up your candidate or talking down an opponent, do so with both factual and contextual accuracy. That’s harder than it sounds. You might mean quite well, but there are many, many sources of misinformation on the Web with respect to every declared candidate and plenty of potential ones. The Russians messed with what you saw on social media in 2016 and are likely to do so again in 2020. And conservative “news” outlets frequently take bullshit rumors that originate on conservative message boards and give them a patina of legitimacy, so be particularly careful not to amplify that bullshit. Check and double-check the information you choose to use. Factcheck.org and Politifact.com are excellent sources for vetting information, as is Snopes.com.

(And what do I mean by “contextual accuracy”? Remember that nothing happens in a vacuum. Where numbers are concerned, remember that one number is meaningless without at least one other number as a scale. Where facts about a political candidate are concerned, ask questions like, “What other candidate(s) is this fact true about, and to what extent?” Be wary of claims like “first,” “greatest,” “best” or “worse”: As one of my old editors used to say, there’s always a faster gun. Even mainstream outlets like The New York Times and The Washington Post that are generally reliable with regard to factual accuracy frequently commit mistakes and omissions with regard to contextual accuracy. One big example: The Times’s 2016 focus on Hillary Clinton’s emails — yes, she made mistakes, but she did not commit a crime — while ignoring, for another two years, a long string of evidence that Donald Trump was a crook. And when a news outlet purports to examine any candidate’s “likability,” examine their methods for quantifying it and see to what extent they attempt to assess all candidates or likely candidates in the same manner.)

So, to sum up, I don’t like “likability,” and you shouldn’t either. At this point in the race, and pretty much from now until November 2020, news outlets should be focusing primarily on candidates’ policy proposals — what they are, how they will work, what they will cost, how we will pay for it, and what their outcomes are likely to be. And if the news outlets on which you rely try to dabble in it, hammer them hard. It’s just a pity Facebook doesn’t offer a “don’t like” button.

P.S.: One more thing about likability. George W. Bush won in 2000 because a lot of reporters thought he was “the kind of guy you’d like to have a beer with.” Screw that. On both literal and metaphoric levels, I am realistic enough to know that I will never have a beer with even a former president of the United States, let alone a sitting one. So I will vote for a competent, empathetic jackass over a charming sociopath for any office, any day. You can ask the people of Iraq and Puerto Rico and Flint what we get when we elect sociopaths.

 

 

 

 

 

 

 

 

 

Studying is … hazing? Nah, bro (and sis)

One of the nation’s top public universities says a sorority that requires its members to study at least 25 hours a week is hazing. That university needs to go back to school.
 
Before I started college, back when the Wright Brothers were pups, my parents explained that I should literally look at college academics as a full-time job, one requiring 40 to 50 hours per week: If I was going to be in class, say, 15 hours a week, then I needed to be putting in at least another 25 to 35 hours reading, studying, writing papers, doing labs, etc. THEN I could think about eating and sleeping, and THEN I could think about fun. (As it happened, I ended up adding 40 hours of radio work per week to that whole schedule, with significant impingement on both sleep and fun, but I also graduated with student-loan debt that was merely manageable, so that worked out OK in the end.)
So, I’ll be honest: I’m having a difficult time seeing how a University of Virginia sorority could be suspended by the university for hazing simply for requiring its members — not just pledges — to study 25 hours per week. Yet that’s what happened; the university’s chapter of the Latina sorority Sigma Lambda Upsilon (also known as Senoritas Latinas Unidas) was suspended for just that. A pledge filed a complaint, and after an investigation (or an “investigation”), the university suspended the chapter in March. The sorority filed suit in U.S. District Court in September, alleging its First and 14th Amendment rights had been violated.
In principle, at least, I think the suspension was nuts. That said, I can see how any time/place/manner requirements might be burdensome, depending on what they were. The article didn’t discuss those requirements, so I had a lot of questions. For example:
  • Did the sorority require its members all to do their 25 hours of studying at the same time each week (e.g., 7-midnight Sunday-Thursday nights) rather than allowing each member to slot her 25 hours into her schedule wherever it fit best around classes, labs, and jobs?
  • Were the members required to do their studying at the sorority house or some other defined location, rather than in locations of their choice — their rooms, or the library or lab?
  • How, and how invasively, did the sorority track the study hours of its members?
  • Was the 25-hour requirement waived or adjusted proportionately for members who were part-time students?

Still, just how wild would any time/place/manner requirements have to be to constitute hazing? Hazing has a legal definition, after all. Here’s how Virginia law defines it:

“It shall be unlawful to haze, or otherwise mistreat so as to cause bodily injury, any student at any school, college, or university. …” (emphasis added)

I found the original Charlottesville Daily Progress article about the sorority’s lawsuit, and it says that UVa further defines hazing as:

“any action taken or situation created on Grounds [university property — Lex] that is intended to or does produce mental or physical harassment, humiliation, fatigue, degradation, ridicule, shock or injury.”

Again, absent some very weird time/place/manner requirements, I’m having a hard time seeing how a study requirement could cause the kind of problems described in that definition. Moreover, the sorority correctly argues that many other campus organizations have similar requirements. For student-athletes, the Daily Progress notes, NCAA rules limit team-related activities to 20 hours a week, but that doesn’t include things such as study halls, tutoring and travel.

The sorority argues that it is being discriminated against because its members are Latina. The articles don’t suggest that there is any evidence that that is the case, but the facts as reported certainly seem to suggest that 1) the chapter is being treated differently from other student organizations — for whatever reason — and 2) there’s no legal or administrative basis for the suspension. Hell, I think students could only benefit if more student organizations, particularly Greek social organizations, imposed similar requirements.

One last note about this case: The lawsuit was filed in September, but we’re only now hearing about it. That fact likely speaks to the dramatic cuts in news reporting ranks over the past several years. In most metro areas and in many smaller markets, court reporters used to check civil-court dockets at least weekly for suits involving, at the least, prominent plaintiffs and/or defendants — the city or county or local colleges or hospitals or large employers, say. Clearly, the Daily Progress is no longer able to make those kinds of checks, and God knows it’s not alone in that.

 

 

Sunday, December 30, 2018 6:44 pm

Another disappointing Panthers season. Again.

Filed under: Panthers — Lex @ 6:44 pm
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I was concerned enough about the Panthers, despite all the new offensive weapons and a new offensive coordinator who seemed to know how to use them, to predict that they’d go 8-8 or 9-7 and miss the playoffs.

Welp, they finished 7-9 and missed the playoffs, and it might have been 6-10 if the Saints, with home field clinched through the playoffs and nothing left to play for, hadn’t sat most of their starters.

What follows are areas of improvement. Except where noted, my suggestions do not take into account whose contracts are up or what effect my suggestions would have on the salary cap, so accompany them with the appropriate amount of salt.

Where to start? With the Panthers, the conversation always starts with Cam Newton. Newton looked good through nine weeks and was headed toward a career high in completion percentage, then took a hard throwing-shoulder hit in Week 10 against Pittsburgh that ended up hampering him badly for the rest of the season. In Week 15 at home against New Orleans on Monday Night Football, he ended up bouncing a pass four yards in front of a crossing receiver who was only about eight yards deep. That ended up being his last game of the season, but everyone in the stadium or watching on TV knew that he should have been pulled well before then. At this point, we don’t know whether he needs shoulder surgery or just rest. But his recovery will determine the Panthers’ offensive fortunes in 2019, and it’s not clear that the team has a Plan B. This year’s draft might be time for the team, who will have a relatively high pick, to find an heir apparent for QB1.

Now, then, the offensive line. It didn’t give up up a lot of sacks this season — slightly less than two per game — but that stat was misleading: Panthers QBs got hit hard and often. Cam Newton took a shot in the Steelers game in Week 10 that hampered him the rest of the season until he was finally benched before Week 16. Taylor Heinicke lasted one game before being knocked out, and then Kyle Allen got knocked out today, with Garrett Gilbert, who spent seven weeks out of the league this year, finishing the fourth quarter. If HE had been knocked out, the Panthers’ emergency quarterback would have been Christian McCaffrey, and ain’t nobody in Panther Nation would’ve been looking forward to exposing the franchise running back to that kind of damage.

Next year, former Pro Bowler Trai Turner returns at right guard and Darryl Williams presumably returns from his injury at right tackle. And when your RB1 goes for more than 1,000 yards rushing plus 800+ yards receiving, it’s hard to argue with the run-blocking. But the whole line needs to get better at pass-blocking, and the team must, repeat, MUST find a left tackle to protect Cam Newton at a level he hasn’t had since 2015.

At tight end, I love Gregg Olsen, and more importantly, so does Cam. He’s a Pro Bowler, so what’s not to love? But Olsen has missed significant playing time for two straight years now with foot problems, he cost $7.95 million against the cap in 2018, and he’s under contract for two more seasons. I’m not saying the team should let him go. But I am saying that it wouldn’t be the end of the world if we did: Rookie Ian Thomas has played well as a receiver no matter who was in at QB – he and Cam appeared to be developing a rapport comparable to that of Newton and Olsen – and I didn’t see him miss many blocks. If Olsen can no longer play, or doesn’t appear to be worth the risk given the cost, Thomas could step in.

More stuff, and more encouraging stuff, about the offense later.

On defense, the Panthers historically have prided themselves on a run-stuffing line that gets a lot of pressure on opposing QBs. DT Kawann Short, who signed a big new contract in 2017, cost a whopping $17 million in 2018 but didn’t play up to that level, just getting three sacks and 12 tackles-for-loss. 2016 first-round draft pick Vernon Butler not only isn’t starting at DT, he ended up being a healthy scratch a few times this year. So while he has two more years left on his contract (plus an option year), I wouldn’t be surprised to see him gone. The other current starter at DT, Dontari Poe, has never had more than 4.5 sacks or five tackles for loss in any year (both in 2013). He was signed before the 2018 season to a three-year contract, a move that likely will get some front-office scrutiny this winter.

At defensive end, future Hall of Famer Julius Peppers just completed his 17th season. No one would blame him for wanting to retire. But some folks in Panthers Nation might be quietly hoping for it. He’s still incredibly athletic, but he has lost a step, which is a problem across this defense. He had four sacks, down from 11 in 2017. An honorable retirement, with a celebration of his remarkable career and contributions to the franchise, strikes me as the best option all around.

At the other end, Mario Addison had a decent year with eight sacks. He’s 31 and will be in a contract year in 2019, so he’s likely to be highly motivated to perform well again.

One disappointment: DE Efe Obada, the Nigerian native assigned to the Panthers by the league’s International Player Pathway program. He stuck with a 52-man roster this year for the first time since entering the league in 2015, but after a promising early start, he faded. His is a feel-good story, but as much as the Panthers rotate DEs, he needs to be more productive.

At linebacker, Luke Kuechly remains arguably the best in the league in the middle. Thomas Davis was supposed to make this his last year, although he reportedly was reconsidering after missing the first four games of the season on a PED suspension. TD has been a huge part of this team for a long team, but he has lost a step in pass coverage, and it showed clearly this season. Like Peppers, I think he should enjoy an honorable retirement and allow youth to be served. At the other end, Shaq Thompson has played well in spurts, although as much time as the D spent in nickel coverage, it has been hard to tell.

Speaking of nickel, Captain Munnerlyn has been involved in many big games in Charlotte, but, like Davis, he has lost a step and gave up some big plays this year. He needs to be replaced.

At corner, Donte Jackson shows signs of becoming the cover ace that James Bradberry was supposed to be but hasn’t been. Bradberry, whom a lot of observers were surprised to see go as high as the second round of the 2016 draft, simply hasn’t been dependable: He has five interceptions in three years and had only one in 2018. He’s in a contract year in 2019, but with Jackson showing signs of solidity, I don’t know that cutting Bradberry and drafting his successor might not be a bad idea.

At safety, Eric Reid has said he’d like to return in 2019, and he has made a case with 47 tackles, a sack and a pick in 12 games. But Mike Adams, God bless him, is past his sell-buy date after 15 years in the league, and I think Rashaan Gaulden and some new blood all need to compete with Reid and let the cream rise to the top. (Colin Jones, nominally a safety, is a mainstay on special teams and is near-certain to return in that role.)

Overall, the big news on this Panthers defense in 2018 was that coordinator Eric Washington, who had moved up through the team’s coaching ranks, proved inadequate in his new role. Head coach Ron Rivera, a former DC himself, took over the team’s defensive play calling late in the season and fired two defensive assistants. It remains to be seen whether Rivera will call the signals again in 2019 or whether the team will hire a new coordinator. At all three levels, the defense needs an injection of speed, which will be necessary for the essential task of cutting the number of big plays it gives up.

Special teams had an OK year. Punter Michael Palardi averaged in the middle of the pack in both gross and net punt yardage, a shade over 45 yards per punt with a long of 59 and about 40% of his punts inside the opponents’ 20.

Place kicker Graham Gano injured his knee late in the year, by which time he had made 14 of 16 field-goal attempts with a long of 63, one short of the league record. Assuming the injury is no worse than has been announced to date, he’ll still be the kicker in 2019, although the team might bring one or two others into camp to challenge him and for a look-see.

The return game is an area in which the Panthers could step up. Kenjon Barner didn’t scare anyone, and there are several faster players on this team. WR DJ Moore took a punt in today’s final game, and that might be something to look into doing more of in 2019.

Now, back to the offense: If all the starters are healthy and the Panthers can fix the O-line problems in the offseason, the 2019 Panthers offense should be near the top of the league in offensive production. With a Pro Bowl quarterback in Newton, outstanding receivers in DJ Moore and Curtis Samuel and slot man Jarius Wright (Devin Funchess, whose contract is up, is going to want WR1 money and likely will be leaving the team), a reliable weapon at TE in either Greg Olsen or Ian Thomas, and an all-purpose threat in RB Christian McCaffrey — and an offensive coordinator in Norv Turner who seems to know how to use all these weapons — the Panthers ought to be hanging 30+ points a game on opponents. Much less, assuming a decent O-line, could only be considered a disappointment. As for defense, it needs fixes from coordinator on down, and it must get faster at all three levels.

If all these things happen, the Panthers should be highly competitive. But seldom has the team done everything it has needed to do in the off-season, and that’s one big reason why the franchise has never had consecutive winning seasons. And Marty Hurney’s history as general manager does not inspire confidence. It’s bad enough that this team didn’t win; aggravating the problem by getting the team into another salary-cap hole would ensure mediocrity for years to come.

 

 

 

 

 

 

Friday, December 21, 2018 5:14 pm

Bill Kristol, Davidson College, and ethics

In public life some sins really are both disqualifying and unforgivable. Bill Kristol is guilty of at least two, and Davidson should have recognized that fact and chosen differently.  

I’m going to be very up-front about Bill Kristol: I do not like him. I never have. And despite his Billy-come-lately effort to vault to the front rank of never-Trumpers, I never will.

So what am I to do with the news that my alma mater, Davidson College, has named him its inaugural visiting Vann Professor of Ethics in Society for 2019? I think the college has made a big mistake.

First, let’s make clear what this ISN’T about. It’s not about censorship or free speech, which is an issue of government regulation, not private regulation. (Davidson is a private school.)

It’s not about exposing students to a broad range of views; Davidson already does that and has for many, many years. You’d have to have gone there to understand how truly laughable we alums find it that conservative critics on occasion have criticized Davidson as liberal.

For me, the mistake here, by Davidson and by the Vann family, who are funding this initiative, is to hold Bill Kristol up as someone from whom the rest of us can learn about applied ethics. Because unless the college were to identify Kristol specifically as a negative example, that certainly isn’t true.

One can disagree with Kristol about plenty, and that’s fine, and it wouldn’t disqualify him from speaking at Davidson or even holding a guest professorship in applied ethics. But I can point to two huge tests of applied ethics that Kristol failed, at a cost of hundreds of thousands of lives and of world-historical consequences that humanity still will be grappling with long after he and I are dead. Those tests were the use of torture as an instrument of U.S. governmental policy and the invasion of Iraq in 2003.

I’ve written a great deal on this blog over the years about the ineffectiveness and evil of torture — not just what it does to the victim but also what it does to the torturer and to the nation that sanctions the use of torture. You can plug “torture” into the search box over there on the right and find it all; it is, as the lawyers say, incorporated by reference.

Not only did Kristol support torture, , he also continued to support it even after all previous arguments for its use during the War on Some Terror had fallen flat. Why would Kristol — why would any human being — continue to support the use of torture even after all the practical arguments on its behalf have been weighed and found wanting? Is there an argument for supporting it other than a practical one? The War on Some Terror is 17 years old, and I have yet to come across such an argument. That Kristol has not repented of his views that I can find suggests he continues to support torture, and for what? For its own sake? That, I suspect, is a question for him and his counselor, but the fact that it exists ought to be disqualifying for a person expected to provide guidance to others in the field of applied ethics.

The other huge test of applied ethics that Kristol failed was the U.S invasion of Iraq in 2003. He and Robert Kagan were among the nation’s leading advocates for that invasion, and the only reason they weren’t the most effective was that George W. Bush, and not they, got to be the one to lie to Congress about the possibility of an Iraqi nuclear-weapons capability. To refresh your memory, most of Congress wasn’t buying what the Bush administration was selling about Iraqi weapons of mass destruction as a justification for invasion. The so-called “16 words” in President George W. Bush’s State of the Union address — the suggestion that Iraq was working on nuclear weapons, though the country in fact had no evidence that that was so — got Congress to authorize the U.S. invasion of Iraq, which, unlike Desert Storm in 1991, was illegal under the United Nations charter and international law.

Tens of thousands of U.S. service members were killed and wounded, along with hundreds of thousands of Iraqis, and the grossly mismanaged occupation of Iraq gave rise to ISIS.

As with torture, Kristol has never repented.

I don’t have a real slam-bang ending here. But in public life some sins really are both disqualifying and unforgivable. Kristol is guilty of at least two, and Davidson should have recognized that fact and chosen a different visiting professor of applied ethics.

 

 

 

Sunday, December 2, 2018 4:44 pm

Bucs 24, Panthers 17

Filed under: Panthers — Lex @ 4:44 pm
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Here’s what we know about this Panthers team after today’s game: This team, as I said after the Pittsbugh game, is objectively awful.

The O-line, which I had serious concerns about when the season started, is an outright  dumpster fire; at least two of Newton’s four interceptions today were caused by protection failures.

The D-line has been so bad at stopping or slowing the run that it has made the league’s best linebacking corps look mediocre.

The secondary continues to give up yardage in big chunks.

Cam was Bad Cam again today, although both my daughter and I independently decided that he might be playing with a lot of shoulder pain. Putting Heinike in for the Hail Mary does nothing to alleviate this suspicion.

This season, which started off so promising, may well end up being just another mediocre Panthers 7-9 season. And there’s a nontrivial chance that the Panthers will lose out to finish 6-10.

I know that defensive coordinator Eric Washington is one of Rivera’s guys and that Rivera is very loyal to his guys, but the fact that Rivera took over the defensive play calling is all you need to know: Washington needs to go, now.

But what else needs to happen?

Norv Turner’s offense has shown encouraging flashes of brilliance. But since the Pittsburgh game, it has largely underperformed. Given the level of talent, the number of weapons in this offense, it should have been scoring close to 30 points per game. It has come close only once, vs. Seattle. On the one hand, I think Turner should have another year to prove his system can score. On the other, this might finally be the year Rivera goes, and I imagine that owner David Tepper would want to let his new head coach pick his own coordinators.

This year is a washout, and this team has a major rebuilding task ahead in the offseason. Marty Hurney has had a good eye for first-round picks, but history suggests that a major rebuilding initiative is simply beyond him — his later-round picks will be busts and he will get the team back into salary-cap trouble. We’ve had some wild turnover in this spot, but it might be time for a clean slate all the way around.

 

Thursday, November 29, 2018 9:34 pm

The president’s fixer pleads in. It’s all downhill from here.

Apropos of Michael Cohen’s guilty plea today:
 
One little-known fact is that federal prosecutors can put pretty much anything they want into an indictment or a sentencing memo. An indictment on drug-trafficking charges, for example, can, if the prosecutor wishes, contain a doctoral thesis’s worth of comprehensive history of post-Prohibition trafficking in all manner of contraband.
 
Why is that relevant? Here’s why: Special Counsel Robert Mueller can put as much information about Donald Trump’s activities into indictments and sentencing memoranda as he likes. He can even include emails or other records that document the claims in those documents.
And so far, that is exactly what he has been doing.
 
And what THAT means is that even if a Trump apparatchik at Justice decides he wants to bury Mueller’s final report, there already will be so much information in the public domain — court records like indictments and sentencing memoranda are almost always public — that any effort to bury Mueller’s final report simply won’t matter. Trump no longer has any leverage with which to prevent Congress and the public from knowing what he has been up to.
 
For Trump, it’s all downhill from here. He will die in prison in a diaper. The only question is whether he will do so here or in Russia. And lemme tell you, I and tens of millions of other Americans will laugh like hyenas when he does.

Sunday, November 25, 2018 8:46 pm

Some thoughts on the next president of the United States

Filed under: I want my country back. — Lex @ 8:46 pm
Tags:

Conventional wisdom has it that the next presidential campaign starts the minute a midterm has ended. I would just remind everyone that conventional wisdom hasn’t had a good year. I would also remind everyone that important statewide races remain out there for Democrats at this writing in Georgia (SOS) and Mississippi (U.S. Senate), and that I would prefer that Democrats focus for the moment on those races.

That said, the next president of the United States probably already has started running, although no candidate besides Trump has announced for 2020. So how do we want to deal with this?

A lot of people are handicapping particular candidates right now, as people who follow politics always do at this point in the election cycle. I’m going to try a different approach. I would like us to think for a minute about what the next president’s going to have to do … and once we’ve got that nailed down, then we can talk about who’s out there who 1) might be able to do that and 2) is running, likely running, or at least being talked about seriously as a candidate.

Let’s start with the obvious: The Democratic candidate in 2020 has to win, must oust Donald Trump or defeat any other GOP candidate who might replace him before the general election. Any other result is unthinkable. The nation cannot afford four more years not only of Trump’s “governance,” but also that of Republicans in general. You hear that phrase a lot in political campaigns, but on issues ranging from global warming to Russia and national security to taxes and economics, it’s simply a fact.

Beyond that salient fact, however, the next president is going to have to do what I think is almost impossible: clean up enough of Trump’s messes quickly enough, plus make significant progress on his/her own policy agenda, before the 2022 midterms heat up, to give Democrats a solid chance of prevailing in those elections.

The reason is this: Historically, Democrats don’t show up in the midterms. In the past 40 years, they’ve done it in two consecutive midterms only once, 1982/1986. The particular reasons vary from one midterm to the next, but the common theme when Democrats hold the White House is that the party fails to make enough progress on its agenda to excite the rank and file and get them to the polls. Most recently, Dems didn’t show up in the 2010 midterms because party activists were upset Obama didn’t get them a rainbow single-payer unicorn or whatever, and Republicans took the House. In 2014, Democrats didn’t show up and Republicans took the Senate as well.

So here’s what I think the next Democratic president is going to have to do: 1) make significant progress cleaning up Trump’s mess and 2) make significant progress advancing his/her own policy agenda — and do all that by no later than the spring of 2022. Otherwise, history suggests, Democrats will face major reverses in the 2022 midterms.

So what’s that going to take? Again, I’m not sure it can be done at all. But of this I am positive: It cannot be done at all by a federal government virgin. No Michael Bloomberg. No Tom Steyer. No Michael Avenatti. No Oprah.

No, doing this will require a stone political pro with deep knowledge of how policy gets made in the federal government. It also will require someone with a long list of IOUs from congresscritters in order to get progressive legislation and confirmations moved and moved quickly.

Just off the top of my head, I can think of five U.S. senators who might meet those requirements. All are women. None is Bernie Sanders.

But I’ll save name-naming for another post. In the meantime, who do YOU think fits these criteria? I’ll be interested to hear.

Monday, November 12, 2018 6:43 pm

RIP Stan Lee

Filed under: Salute!,Say a prayer,Uncategorized — Lex @ 6:43 pm
Tags: , ,

A lot of people know a whole lot more than I do about the creator of the Marvel Comics universe. I’ll just leave you with this observation: At a time when doing so was definitely not popular, he dared to respect his young audience enough to speak to them as adults.

I learned one of the most important moral lessons of my life when I was probably in kindergarten. I learned it from a story in a Spider-Man comic book. You probably know that story, too. It devastated me.

“And a lean, silent figure slowly fades into the gathering darkness, aware at last that in this world, with great power there must also come — great responsibility!”

The cracked front door that didn’t bark; or, Why you should never take what a Republican says at face value

You’ve probably head a lot of talk in the past week about how antifa protesters terrorized Tucker Carlson’s wife and kids in their home, even cracking open their oak front door.

Yes, there were protesters*, and one of them sprayed an anarchy symbol on Carlson’s driveway. But the children were not at home at the time, and the cracked front door? Never happened. The cops who were there didn’t see it. Two Washington Post reporters who visited the house didn’t see it either.

(That’s not to say that a lot of mainstream media, such as USA Today, didn’t run stories repeating Carlson’s claim without independent verification. Of course they did, because anytime a Republican shrieks, “Antifa!” the MSM soil their drawers. Meanwhile, actual 18 USC 241 felony vote suppression is going on right out in the open in Georgia and Florida without the news media calling it what it is, but that’s a subject for another post.)

This anecdote illustrates the peril inherent in taking anything a Republican says at face value, particularly a Republican who literally gets paid to lie on television. You — whether you’re a journalist or a civilian — need to stop doing that. You need to critically question any such claim made by any Republican politician or pundit. And you need to punish news outlets who repeat such claims unquestioningly.

Sunday, November 11, 2018 8:37 pm

About those sealed Mueller indictments …

Filed under: Hold! Them! Accountable!,Uncategorized — Lex @ 8:37 pm
Tags: , ,
I’m seeing a number of people on Twitter claiming that Robert Mueller already has a ton of sealed indictments of Trump, Trump Jr., Fredo, Ivanka, Jared, etc., etc., etc.
 
I’m here to tell you: Anything is possible. But that is almost certainly bullshit.
 
First of all, there is zero direct evidence in the public record that any of that is true. None. And I dare you to prove me wrong. You can’t. (The zero-leak performance of the Mueller probe to date is a model of American law enforcement.)
 
Second, there is zero circumstantial evidence that any of this is true. Again, prove me wrong if you can.
 
Third, there is nontrivial circumstantial evidence that such claims are NOT true. Almost none of the Mueller indictments so far have been sealed. Those that were remained sealed only days before being unsealed. Sealing indictments for long periods of time appears, so far, not to be a technique on which Mueller is relying.
 
Now, as I said before, anything is possible. But the relevant question, given the evidence and Mueller’s modus operandi to date, is: What’s LIKELY?
 
The answer is:
 
1) Some people saying this stuff are trying to make themselves look/sound more in-the-know than they actually are. And, frankly, I don’t think it’s a coincidence that most of the people I see spouting this stuff on Twitter appear to be males in their 20s. They’re bullshitting to try to get laid.
 
2) Other people saying this stuff are trying to get low-information people’s expectations raised unjustifiably high so that when the inevitable disappointment comes, people will question the validity of the whole investigation. And I don’t think it’s a coincidence that a lot of THESE people have handles and follower counts that strongly suggest they are bots.
 
Understand, I’d freakin’ LOVE it if it were true. But I’ve spent enough time covering grand jury investigations to be very skeptical. And absent additional information, you should be, too.

Thursday, November 8, 2018 1:19 pm

In which Trump moves on Sessions like a bitch

The day after the midterms, Dolt 45 fired Attorney General Jeff Sessions and replaced him with acting Attorney General Matt Whitaker. Now, granted, no one is going to miss Sessions; a Twitter wag described the firing as the first time that Trump had taken down a Confederate monument. But Trump had been expressing frustration for a long time that Sessions had recused himself from special counsel Robert Mueller’s investigation into possible money laundering, obstruction of justice and conspiracy of the Trump campaign with Russia to interfere with the 2016 election. This move offers Trump an opportunity to take more direct control over the probe because Whitaker has not recused himself.

This isn’t quite the equivalent of Nixon’s Saturday Night Massacre, but it’s not good. Sessions had been so close with the Trump 2016 campaign that he had had to recuse himself from Mueller’s investigation, leaving it the hands of Deputy Attorney General Rod Rosenstein, who appears to have given Mueller both adequate leeway and adequate funding to do his job correctly. (In fact, given the financial forfeitures of some of those Mueller has convicted, the taxpayers are more than $10 million ahead of the game on this investigation to date, and there’s probably more profit where that came from. That money doesn’t go directly back into the investigation, of course.)

But Trump has made clear that oversight responsibility for the investigation now will rest with Whitaker instead of Rosenstein. It’s worth noting that when a Cabinet secretary leaves office, his/her deputy — Rosenstein, in this case — normally would be appointed acting agency head. That didn’t happen here. And that’s not good at all. Consider:

  • Whitaker in 2017 said he didn’t see anything wrong with Donald Trump Jr.’s meeting with Russians in Trump Tower:
  • Whitaker was associated with a D.C. nonprofit called Foundation for Accountability and Civic Trust whose main goal in life seems to be ginning up bullshit criminal cases against prominent Democrats:
  • Whitaker said in 2017 that the Mueller probe was “going too far”:

A number of Democrats already have called for Whitaker to recuse himself. Worse for Trump, Rep. Elijah Cummings, the incoming Democratic chairman of the House Oversight Committee, already has said his committee will be looking into Sessions’s firing. One possible result could be a criminal referral to the Justice Department for obstruction of justice.

(Also, the Mueller investigation aside, Whitaker appears to be just the kind of bigoted jackass that progressive and moderate voters indicated on Tuesday they’ve had enough of.)

Now, a lot of people are presuming that Whitaker’s appointment means that Trump intends to fire Mueller. And, legally, Trump could. The question that that would raise would be whether such a firing would constitute obstruction of justice, as Cummings is hinting. I am not a lawyer, and I don’t know that there’s a solid legal consensus on this issue, but I’ve seen social media posts from three or four lawyers unrelated to one another who have said that the firing would be evidence of the “consciousness of guilt.” (Remember, the whole reason there’s an obstruction-of-justice investigation in the first place is that Trump fired FBI Director James Comey in 2017 and said that he had done so because of the FBI’s Russia investigation. The uproar over THAT firing led to the appointment of Mueller as special counsel.)

However, if Trump wants to slow or halt the probe, he has other options.

He can have Whitaker eliminate the wide latitude Mueller currently enjoys under Rosenstein, restricting the probe to certain isolated subjects and people to ensure that Trump and those closest to him face no federal criminal exposure. (Possible state crimes are a whole ‘nother issue, of course, and Trump has no control over those investigations.) Or he could just direct Whitaker to, in effect, defund the investigation. A number of folks on Twitter jokingly suggested a GoFundMe for the Mueller probe if that happens. I’d support that, although that money, like the forfeitures already received, under the law could not go into the probe without having been appropriated by Congress, which the GOP-controlled Senate ain’t gonna do. (UPDATE: The appropriations bill for FY19 having already been signed into law, Mueller’s office is fully funded — at about $10 million — through next Sept. 30.)

But Trump has fewer options than he thinks.

According to the experts at the Lawfare blog, Whitaker might have to recuse himself whether Trump likes it or not:

The relevant Justice Department guideline is Section 45.2 of Title 28 of the Code of Federal Regulations, which states that “no employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with” either “any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution” or “any person or organization which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.”

Although the regulations do not indicate that Whitaker’s public statements alone necessarily require recusal, Whitaker has other connections to people whose conduct is at issue in the matter. For instance, the regulations define a political relationship as “a close identification with an elected official, a candidate (whether or not successful) for elective, public office, a political party, or a campaign organization, arising from service as a principal adviser thereto or a principal official thereof.” Rebecca Ballhaus of the Wall Street Journal reports that Whitaker chaired the 2014 Iowa state treasurer campaign of Sam Clovis, who went on to serve in the Trump campaign and administration and who, Ballhaus notes, is now a grand jury witness in the Mueller investigation. The Des Moines Register reported Whitaker’s chairmanship of Clovis’s campaign during the campaign itself. What’s more, in a text message to Ballhaus after Whitaker’s appointment, Clovis wrote that he was “proud of my friend,” referring to Whitaker, raising the question of whether there is a personal relationship as well.

There is an important process point here: Under the same Justice Department regulation mentioned above, Whitaker is obligated to seek guidance from career ethics attorneys regarding whether he should recuse. This is the process Jeff Sessions used in determining that the rules required that he recuse, and Deputy Attorney General Rod Rosenstein also sought guidance regarding his obligations, though Justice officials determined that his recusal was not required. If Whitaker either does not obtain an ethics opinion from career officials or if he departs from that guidance, that would be a serious red flag.

Also, Trump already knows that come Jan. 3, the House Oversight Committee will be looking into Sessions’s firing. And if Mueller gets fired, I would think that any of several House committees would be happy to subpoena him as an expert witness on Trump’s finances. Who knows where that could lead? (UPDATE: I’ve also seen it suggested that if Mueller gets fired, a House committee could hire him as an investigator.)

There even are a few current and incoming Senate Republicans willing to join hands with Senate Democrats long enough to protect the Mueller investigation, as Lawfare points out:

Mitt Romney, now the senator-elect from Utah, stopped short of calling for Whitaker to recuse himself, but said it is “imperative that the important work of the Justice Department continues” and the Mueller probe “proceeds to its conclusion unimpeded.”

The Maine Republican Susan Collins also stated that “it is imperative that the administration not impede the Mueller investigation,” adding that she is concerned that “Rod Rosenstein will no longer be overseeing the probe,” and that “Special Counsel Mueller must be allowed to complete his work without interference—regardless of who is AG.”

And GOP Senator Lamar Alexander said the Mueller investigation will continue.

I’ll admit I’m not optimistic. For one thing, even if all three stand their ground, the likeliest outcome of Tuesday’s election seems to indicate that Republicans would still hold a Senate majority, perhaps with the help of Vice President Mike Pence. For another, after the Kavanaugh confirmation, we now know what Susan Collins’s word is worth.

And, of course, there’s is the huge factor that Donald Trump consistently, almost predictably, acts against the best advice he gets and his own interests. Journalist Josh Marshall and novelist John Scalzi coined the term “Trump’s razor” for this phenomenon: Every option being otherwise equal, Trump will always make the stupidest possible choice. If I were a betting man, I wouldn’t often have lost had I consistently bet accordingly.

So I think Trump will fire Mueller and dare somebody to do anything about it. That puts Republican officeholders — at all levels — in a serious predicament, for, as Conor Friedersdorf observes in the Atlantic article linked above:

After Wednesday, elected officials in the Republican Party should have no doubt that Donald Trump will force them to choose in coming days, weeks, and months between loyalty to him and loyalty to the rule of law, between the public’s right to the truth and Trump’s efforts to hide it.

They’ve sworn an oath of loyalty to the rule of law. Let’s see how many of them meant it.

 

Wednesday, November 7, 2018 7:14 pm

What’d we learn last night?

I’m going to start with what *I* learned: When my wife’s right, she’s right.

I spent hours in front of the TV with my list of key races and ballot issues and didn’t go to bed until late. When I did, I felt a modicum of relief: The Dems had done what they absolutely needed to do. They had pulled the country at least one step back from the abyss. But a lot of key races I’d targeted went red, and when I went to bed well after midnight, I was feeling a lot more relief than excitement. Kind of “meh,” in other words.

My wife, on the other hand, went to bed around 10, saying, “Let’s just wait and see what’s under the tree tomorrow morning.” At the time, the returns in were largely from Trump country, and I wasn’t feeling so great about things. The Blue Wave, from what I could see, largely hadn’t materialized.

And then I woke up today. And started reading. And, well, the longer the day went on, the more good news started trickling in. And, long story short, had I done what my wife did, I’d have gotten the same good news she did without all that stress.

And there was a lot of good news.

The first thing we learned was that the Democrats had taken the House and, with it, the specific power of subpoena and the general power to hold a largely lawless administration accountable. That HAD to happen if we were not going to proceed farther down the same road Germany traveled in the 1930s. And praise God, it did.

Not only that, we picked up a number of governorships, although the big prizes in Georgia and Florida remain contested for the moment and it looks like, win or lose, Georgia Secretary of State Brian Kemp will have been allowed to at least try to steal his own governor’s race. That can never be allowed to happen again, in Georgia or anywhere else.

We also learned that a lot of small miracles can happen overnight. Lucy McBath, whose valiant effort to oust the despicable Karen Handel in the Georgia Sixth looked DOA at midnight, now appears to have pulled through. Same with Joe Cunningham in the S.C. First against Katie Arrington, whose concession speech has to be seen and heard to be believed: She’s a narcissist to rival Trump, and I don’t say that lightly.

We learned that this election was even more of a referendum on Trump than a lot of people had thought. And I learned this because our six-term Republican sheriff, who faced a Democratic challenger with some nontrivial baggage, lost. Nobody around here, and I mean nobody, saw that coming. He’d been a perfectly good sheriff for a long time — I didn’t like him personally, but with the possible exception of his high-speed-chase policy, which he finally agreed to change after a pursuit-induced wreck in which five people died, I couldn’t really point to anything wrong that he was doing professionally that would make people vote against him. The only thing I could think of to make that many people vote against him was his support for Trump.

That said, we also learned that sometimes all politics really IS local. Trudy Wade, perhaps the second-vilest human being in the N.C. Senate behind GOP leader Phil Berger, had spent the past few years shitting on Greensboro out of spite. Karma’s a bitch.

If you doubt that, ask Kim Davis, the Kentucky Republican who made national news by refusing to issue marriage licenses to same-sex couples after the Supreme Court legalized same-sex marriage a few years ago. One of the men whom she had tried to deny a marriage license ran against her and whipped her like a rented mule.

What else did we learn?

We learned, those of us who didn’t already know, that the Green Party is just a bunch of Republican tools. They may have cost Democrat Kyrsten Sinema the U.S. Senate race in Arizona — the vote totals for the Green candidate well outweighed the difference between Sinema and Republican incumbent Martha McSally. The Green candidate in the New York 19th was taking money from a big GOP donor while attacking the Democratic candidate from the left.

We learned that voters feel very differently about issues versus candidates. In Florida and Missouri, to name just two, voters approved progressive ballot measures by significant margins — but voted for the politicians who oppose those measures. Part of that might just be due to racism, particularly in Florida. But there’s something else there that Democrats need to tease out and address.

Speaking of Florida, after the passage of Prop 4, which restores voting rights to most felons who have served their time, we learned that the Florida electorate could look very different, and much more Democratically inclined, in 2020. Prop 4 restores voting rights to about 1.5 million people. If Dems can get even 15% of those people to register and vote in 2020, they’ll find they have significantly more breathing room than they’re used to.

Speaking of voting, we learned that Americans are tired of vote suppression. A number of states passed initiatives to make it easier to register and vote and/or to prevent partisan gerrymandering. Here in N.C., unfortunately, we passed a state constitutional amendment requiring voter ID, but the measure is pretty much identical to a law the 4th Circuit overturned last year, with SCOTUS declining to hear the GOP appeal. I think the same thing will happen, and I am cautiously optimistic that there might not even be four votes on the high court to hear the same appeal again. The court traditionally has thought of itself as being a lagging indicator of political mood; what happened in this arena last night should signal to the court that, surprise, people want to vote, want their votes to count, and do not want to be messed with while voting, and that it should adjudicate accordingly because these are reasonable requests.

We learned that Republicans are perfectly willing to re-elect congresscritters who are under indictment (Chris Collins and Duncan Hunter) or who have been credibly accused of, at the least, knowing about the sexual assault of young men and refusing to do anything about it (Jim Jordan). Collins and Hunter, at least, are unlikely to serve their full terms.

We learned, AGAIN, that electronic voting systems are unreliable and should be replaced with paper ballots.

We learned that white women voters have some ‘splainin’ to do.

We learned that young adults really CAN turn out for a midterm election.

We learned that gerrymandering remains a huge problem in North Carolina: “In Congress, Republicans won 50.3% of the overall vote but 77% of the seats (10-3). That’s the power of gerrymandering.” But in 2020, districts will have been redrawn so that Democrats will have at least a fair shot at real representation in that year’s U.S. House races.

We learned that after three and a half years, the national media largely still have not learned how to do their jobs without providing an echo chamber for Trumpian propaganda and bigotry. Funny how completely the refugee caravan, which had loomed so large on the media agenda these past few weeks, disappeared without a trace in news coverage this morning.

Here’s one huge national lesson, particularly for Democrats: Put the best people you can at the top of the ticket, and then contest every single downballot race. Every. Single. One.

Beto O’Rourke narrowly lost his battle to take the odious Ted Cruz’s U.S. Senate seat in Texas. But O’Rourke built a campaign so organic and powerful that although he didn’t quite win his own race, he’s probably responsible for winning dozens of others. Not only did the particularly stupid tool Rep. Pete Sessions get ousted, but so, also, did every Republican judge in Dallas and Houston. (One of them actually pitched a temper tantrum in court this morning.) O’Rourke’s campaign likely also is responsible for the fact that Democrats won 31 of 32 contested Court of Appeals races, taking 17 seats from GOP incumbents. That changes the legal/justice landscape of Texas overnight. And Texas was just one state; it’s now looking as if Stacey Abrams’s campaign for Georgia governor helped the aforementioned Lucy McBath across the finish line in the Georgia Sixth as well.

And we learned, finally, that we as a people can say, “Yes, Trump is crazy, but look at all this AMAZING stuff we can do if we don’t let ourselves be defined by his craziness and if we show up on Election Day.”

So, no, we didn’t accomplish everything we were hoping for this time last night. But we got a glimpse of what we can accomplish, if we all show up and all keep working. So everyone take a deep breath, and then let’s get to work on 2020 and the ongoing struggle to create a more perfect Union.

 

 

 

 

 

Monday, November 5, 2018 7:27 pm

The 2018 elections

I have no special insight and this is probably worth what it cost you, but here’s my prediction for tomorrow:

Dems pick up 32 in the House, lose 1 in the Senate, and take most or all of the tightly contested governor’s races, in addition to ousting a number of bad actors in sub-gubernatorial and legislative races. Beto O’Rourke will not win, and this shouldn’t be a surprise; Cruz’s Senate seat was ALWAYS going to be a tough target for any Democrat in that state.

Now here’s my prediction for Wednesday:

The GOP files suit in every close race they lose for federal office, so we might not know the outcomes of some for weeks. Mueller might drop a grenade or two, but no bombs right away. And Trump likely will start firing a lot of people and moving a few more to his 2020 campaign staff.

And that’s a best-case scenario. I think we’re also likely to turn up evidence of Russian interference and vote manipulation, although not necessarily immediately, and that nothing ultimately will be done about it. And even if the Republicans have a good night, I expect politically motivated violence on their part to increase.

And if the Dems don’t retake the House by a respectable majority, we’re all in a world of hurt.

Thursday, September 27, 2018 8:04 am

Why things are so effed up

I keep hearing that there are Republicans out there whom we should take seriously because they believe in “good government.” I call bullshit. Here’s a very simple test. Name me one current, or even recent past, Republican holder of federal office who 1) deals in facts, 2) believes policy should comport with science and research, 3) believes in the equal-protection clause of the 14th Amendment, and 4) consistently acts and votes in accordance with these points.

That’s a goddamned low bar. That’s barely above “needs drool wiped from mouth.” And yet I cannot come up with a single name. Not Lisa Murkowski. Not Susan Collins. Not John Kasich, when he held federal office. Not Jeff Flake or Ben Sasse. I’m even gonna disinter and dust off John McCain long enough to say not him, either.

Here in North Carolina, the same is true of Republican state officeholders.

Now, are you still wondering why things are so effed up? Because there’s your answer.

Wednesday, September 19, 2018 7:58 pm

“What do we owe her now?”

Filed under: Evil,Say a prayer — Lex @ 7:58 pm
Tags: , , ,

After I read this story, a deeply reported and insightful examination of a 2006 rape case that happened to a classmate of the writer, Washington Post columnist Elizabeth Bruenig, when they were in high school in Texas, I was warned by some online acquaintances not to share it (even though they admit the story is excellent) because the reporter, Elizabeth Bruenig, supposedly is extremely anti-abortion, believes misogyny is caused by demon possession, and thinks the patriarchy doesn’t exist.

That gave me pause because I generally try not to amplify the voices of people with whom I disagree on social issues. I follow Bruenig on Twitter, but I seldom see her posts and didn’t recall anything like that. So I spent a few minutes Googling this. I didn’t find conclusive information one way or the other except that Bruenig, a convert to Catholicism, opposes abortion. (In my short search I found no indication of whether she thinks abortion should be illegal).

But here’s the thing. Whether or not she holds those views is irrelevant, because if she holds these views, she very clearly kept them out of the story. Isn’t that exactly what we expect reporters to do?

She didn’t keep all her views out; she is, after all, a columnist. She obviously feels the need for expiation:

There were personal reasons, too, for my investigation. I wanted to understand why it had to be as bad as it was — why she wasn’t just doubted but hated, not simply mocked but exiled — and why it had always lingered on my conscience like an article of unfinished business, something I had meant to do but hadn’t. I wanted to look directly at the dark things that are revealed when episodes of brutality unfold and all pretense of civilization temporarily fades, and I wanted to understand them completely.

Otherwise, I thought, they could at any time pull me under. And I could watch mutely while something like this happened again.

Bruenig began work on this story three years ago. In addition to being a strong and damning piece of journalism, it also includes some insights drawn from this 2006 rape case that are frighteningly relevant in 2018. Consider:

Montaigne and Wordsworth lived near enough to the bloody indifference of nature to spare a thought for its victims. But the veneer of civility painted over modern life has paradoxically revealed a certain contempt for victims and the condition of victimhood. And perhaps, lurking in all the complaints about our putative culture of victimhood, there is something uglier than generalized contempt: a disdain for the weak.

That is absolutely true. And in recent years, driven largely though not exclusively by Republican politicians and out-of-control financiers, the “veneer of civility” has been chipping and flaking; since the ascent of Trump, it has begun falling away in chunks. Contempt for victims and disdain for the weak have become more socially acceptable; they are the stock-in-trade of many would-be iconoclasts. They think they are fighting political correctness, neither knowing nor caring that what they think of as political correctness, most people think of as just good manners.

This has always been the case for victims of sexual assault, and the way Senate Republicans are handling the credible allegation of Christine Ford against Supreme Court nominee Brett Kavanaugh shows just how incredibly little progress we have made in preventing sexual assault and caring for its victims, even in 2018.

This isn’t just evil, it also is distinctly un-American. This country has always been at its best when, whether in good circumstances like moon landings or bad circumstances like Pearl Harbor and 9/11, we realized we were all in this together. But more and more people aren’t just ignorant of the less fortunate, they are actively trying to harm them even more than they already have been harmed. That goes against every ancient teaching, sacred and secular, that above all we must give a damn about one another. I haven’t the first idea how to reverse it, but it needs to be called out, and that is only one service among many that Bruenig has provided with this article.

Tuesday, September 18, 2018 6:51 pm

” … remember the ladies … “

Everyone remembers that as John Adams was working on what would become the Declaration of Independence, his wife, Abigail, wrote him a letter asking that he “remember the ladies.” What they don’t remember is the full quote, which is a lot more interesting and relevant:

I long to hear that you have declared an independency. And, by the way, in the new code of laws which I suppose it will be necessary for you to make, I desire you would remember the ladies and be more generous and favorable to them than your ancestors. Do not put such unlimited power into the hands of the husbands. Remember, all men would be tyrants if they could. If particular care and attention is not paid to the ladies, we are determined to foment a rebellion, and will not hold ourselves bound by any laws in which we have no voice or representation.

Republicans on the Senate Judiciary Committee, take note.

Sunday, September 16, 2018 4:53 pm

Anita Hill Redux

So now a woman has come forward to tell The Washington Post that Supreme Court nominee sexually assaulted and attempted to rape her when they were both in high school.

Read The Washington Post’s story. The accuser, Christine Braley Ford, comes across as credible — certainly more credible than Kavanaugh, who has committed serial perjury before the U.S. Senate.

As corroborating evidence, the accuser offers notes from a 2012 conversation involving her, her husband and a marriage counselor, which describes the incident but does not name Kavanaugh (or anyone else) as her attacker. What has the GOP to offer in response? A ham-handed effort to make us believe that they were able to round up 65 female character witnesses from Kavanaugh’s high-school years within just a few hours.

At the very least, the Senate Judiciary Committee, which is scheduled to vote Thursday on Kavanaugh’s nomination, ought to postpone the vote long enough to get any and all witnesses with relevant information under oath. But that appears unlikely to happen.

Senate Judiciary Republicans issued a statement calling the accusation “uncorroborated allegations” (despite the counselor’s notes) and criticizing the Democrats for not having brought the allegation forward sooner. Ford sent her congresswoman a letter in July, before Kavanaugh was nominated; she passed it on in July to Feinstein as a member of the Senate committee that would be vetting whomever Trump nominated. Feinstein has said she had kept the letter secret at the request of the writer, whose name had been redacted.

A lawyer close to the White House told Politico the nomination would not be withdrawn:

“No way, not even a hint of it,” the lawyer said. “If anything, it’s the opposite. If somebody can be brought down by accusations like this, then you, me, every man certainly should be worried. We can all be accused of something.”

(I imagine it doesn’t bother the White House at all that their lawyer friend is basically conceding that the building is full of rapists.)

Those of us who were around for Clarence Thomas’s nomination to the Supreme Court know how the Republicans will handle this: stonewall on the accusation and attack the accuser. The possibility that there might be something here worth getting sworn testimony on doesn’t even seem to have crossed Republicans’ minds.

If all Senate Republicans toe the party line, as looks likely, Kavaugh will be confirmed with at least 51 votes. So, in all likelihood, Ford will be smeared and Kavanaugh, despite documented perjury, will be confirmed. Two sexual assaulters will be radically reshaping laws that affect all of us, particularly women and girls. And a formerly great major political party will be demonstrating again the staggering depths of its corruption and yet more justification for its utter ouster in November and in 2020.

 

Tuesday, September 11, 2018 7:00 am

“For thou art with us …”

Filed under: Sad — Lex @ 7:00 am
Tags:

As is my custom on this day, I’m going back to read Sarah “Sars” Bunting’s post-9/11 essay, “For Thou Art With Us,” and I strongly urge you to do the same.

Sunday, September 9, 2018 12:14 pm

On not voting

Filed under: Uncategorized — Lex @ 12:14 pm

Last night on Twitter, I stumbled into a discussion about why people don’t vote. I dared to agree, pointedly, with another poster that perhaps people who don’t vote because they don’t see a candidate they like need to get over themselves. I was not swarmed, exactly, but I did hear from a few people. Even at 280 characters, Twitter is not the best place to have that discussion, so I’m posting here to both address some specific points from my interlocutors and to make a more general case about why voting is good and not voting is bad even if you don’t like anyone on the ballot.

I was informed by @punksandwitch that my attitude was shitty. I pointed out, correctly, that the attitudes of nonvoters had helped give us both Bush 43 and Trump, by far the two worst presidents in our country’s history.

I was informed by @delmoi that nonvoters don’t need to give me excuses and don’t owe me anything. That’s his/her opinion. Mine is that as citizens in a democratic republic we all owe each other our best judgment, every election, every time, and that willfully choosing not to vote is an abdication of civic responsibility.

@delmoi also suggested that if I want to win elections, I should find out why people aren’t voting and correct the problem. @aimeedemaio helpfully added some data to further that effort:

https://platform.twitter.com/widgets.js
Now, voters listed a lot of reasons, some of which we absolutely can address by, for example, making Election Day a national holiday and enacting universal registration, as several states already have done. But the biggest chunk by far of 2016 nonvoters didn’t vote because they didn’t like the candidates and/or issues.

My critics’ take, if I may generalize, is that I (or the Democratic Party, of which I am not a member) need to come up with better candidates and/or issues if I wish to engage this 40 percent. And that’s where they have their heads firmly ensconced in their nether regions.

In 2016, most of us had a choice for president from among four flawed people. One was an authoritarian bigot with narcissistic personality disorder, a decades-long history of financial fraud and sexual assault and a nontrivial chance of being a Russian agent. One was a woman with an awful sense of PR who had nonetheless served with distinction as First Lady, U.S. senator and Secretary of State and, despite having been more throughly investigated than any other public figure in U.S. history, had never been found to be even close to guilty of a crime. The other two were minor-party candidates, one of whom also turned out to have ties to the Russians.

As @MadameOvary put it, “I’m not interested in why they don’t shell out money for the turd sandwich or the turd sandwich with extra diarrhea gravy. We gave them a choice!!!!” And @ald0_sax put it similarly: “Imagine if pepsi gradually changed it’s formula until eventually people started thinking it tasted like shit. Then imagine that for their new ad campaign, pepsi started going around lecturing people for not buying enough pepsi. You are pepsi. Stop being pepsi.” @OpinionatedLab agreed, albeit less colorfully.

Well, Republicans have been arguing for more than half a century that all government is bad and that therefore voting is a waste of time. You’d think people might stop and ask themselves, “If voting is so worthless, why are Republicans trying to stop people from doing it?” But they don’t.

As for candidate quality, despite insistences from such folks as @anthrogirl73 that not only was Hillary Clinton a lousy candidate, so was Al Gore, there is not a lot of evidence that Democratic candidates, at least, are any worse now than they’ve been at any point since the civil-rights era. (Republican candidates, on the other hand, have gotten a lot worse — more corrupt and more crazy. The last sane, noncriminal Republican candidate was Eisenhower.)

So, sure, if you’re uninformed or lazy or holier-than-thou, you can argue that all the 2016 candidates sucked. But you can’t argue that they all sucked equally and still display any intellectual integrity. Anyone with any historical perspective and understanding of the way our system actually works understood that 1) Donald Trump had to be defeated and that 2) the best, most likely way to do that was to vote for Hillary Clinton.

The survey above mentioned not only unsatisfactory candidates but unsatisfactory issues. @walking_fox tweeted, “If you want people to vote, you need to give them something to vote for, instead of promising them pain and then whining about how they are obligated to enable your abuse of them.” Well, here in the real world, in the 2015 general elections and in many special elections so far this year, Democrats have been running, and generally winning, not on pain but on health care and jobs. “The Democrats have no message” has been GOP propaganda mindlessly distributed by some godawfully lazy news media; I’m just sorry some people have been taken in by it.

Here’s the thing: You will never in your life get your perfect candidate for president. I’ve been doing this since 1980. Barack Obama was the only presidential candidate I ever voted for about whom I was genuinely enthusiastic. And even he was a letdown on a number of significant issues. He failed to hold responsible those who ordered torture and warrantless domestic wiretapping. He failed to hold accountable those who blew up the economy in 2008. And he personally ordered the extrajudicial assassination of a U.S. citizen.

But the bottom line is that our constitutional system of choosing a president (and most other office holders) is a winner-take-all system. Under a parliamentary system, or with ranked choice voting, voters might have more flexibility, but under the system we’ve got, we usually end up voting for, if not the lesser of two evils, then someone we’re just not all that enthusiastic about.

Certainly that’s a bad thing, but absent an overnight amendment to the Constitution, we’re stuck with it. Therefore, if you want more progressive candidates, the way to get them is to either find them or become them — and then turn out and vote for them in the primary. Sadly, it’s a fact nationwide that far fewer people vote in primaries than in general elections, partly because some primaries are closed but mainly because a lot of people just don’t bother. But simply demanding better candidates and staying home if you don’t get them is not a solution. Indeed, it plays right into the hands of some of the country’s most awful people and endangers many of its most vulnerable. It might make you feel better, but this isn’t just about you.

 

 

 

Friday, September 7, 2018 1:11 pm

Dead SCOTUS nominee walking

In any sane republic, Judge Brett Kavanaugh’s Supreme Court nomination would have been pulled by now. Not only has he clearly perjured himself, more on which in a minute, he also appears to have a gambling problem and may himself have been involved in criminal activity.

But it hasn’t been and it almost certainly won’t be. That’s because the once-noble Republican Party has degenerated completely into a continuing criminal enterprise.

Let us start with perjury, which has been exposed by some of the very documents from Kavanaugh’s time in the Bush 43 White House that the Trump Administration has been so reluctant to release. (Those records are public under the law, by the way.)

He has denied receiving documents stolen from the Senate Judiciary’s Democratic staff by a GOP staffer, Michael Miranda, in 2002, only to have those copies of those documents sent to him from Miranda show up in his White House email. Yet in 2004 and 2006, he denied under oath ever receiving those documents. Sen. Patrick Leahy, ranking Democratic member of the Senate Judiciary Committee, personally called him out on it.

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Kavanaugh also in 2006 denied knowing anything about President George W. Bush’s (then-illegal) warrantless domestic wiretapping program until The New York Times first reported publicly on the existence of the program in 2001. Yet among documents released this week was this email from Kavanaugh to all-around Bush Administration war criminal John Yoo on Sept. 17, 2001, discussing the program.

Also in 2006, Kavanaugh denied under oath having been involved in any White House discussions related to torture. But Sen. Dick Durbin, D-Ill., the same senator to whom Kavanaugh gave his 2006 denial, said Thursday that released documents indicate that Kavanaugh took part in such discussions at least three times.

During his own 2004 confirmation hearing, Kavanaugh denied under oath any involvement in the selection of William Pryor for the 11th U.S. Circuit Court of Appeals. Once again, the documents show otherwise: Kavanaugh helped pick Pryor and get him confirmed.

Similarly, in 2006 Kavanaugh denied under oath having been involved in the selection of Charles Pickering for a federal judgeship, only to have documents pop up more recently that say otherwise.

Kavanaugh also may have misled a lot of people about his recent $200,000 in what he said was credit-card debt. That debt disappeared pretty quickly before his nomination, and because he and his wife both work for the government and don’t make a ton of money by Washington standards, it’s not clear how that happened.

That’s not the only question about that debt, though. This Kavanaugh email seems to suggest that he was a gambler. Frankly, that sounds a lot more plausible than his original story, which is that he ran up that debt because friends had been slow to repay him for purchases of Washington Nationals season tickets on their behalf. Who fronts friends $200,000 on an annual salary of only about $174,000?

Finally, Kavanaugh’s lies about the stolen Democratic records might not just leave him exposed to perjury charges, he may face other charges as well, such as receiving stolen property. Leahy explains it in this Twitter thread.

Finally, keep in mind that only a small fraction of the records pertaining to Kavanaugh’s tenure in the Bush White House has been made public. Given what we’ve learned from what little we have seen so far, it’s no surprise that Republicans have fought so hard to keep the records secret. And it also would be no surprise if more damaging information about Kavanaugh came to light as more records are released, as they will be.

So why haven’t senior Republicans tried to persuade Trump to pull the nomination, that we know of? Maybe they have, but given how badly this administration leaks, if that had been the case I suspect we’d have heard about it by now.

I suspect the reason they haven’t tried is because they’re JUST FINE with Kavanaugh? Why? Because Kavanaugh, like Trump, will advance their conservative agenda if confirmed, just as he has on the D.C. Circuit. He’ll vote to ban abortion and even birth control, approve their destruction of the establishment clause of the First Amendment, approve their gerrymandering, uphold their executive orders, and on and on. Character and probity mean nothing to them. They chose Kavanaugh precisely BECAUSE, for all their professed fealty to stare decisis, he will rewrite the Constitution from the bench. Given that opportunity, they would say nothing even if he shot someone dead at high noon in the middle of Pennsylvania Avenue.

Senate Democrats already should have referred these matters to the Justice Department for a criminal investigation. But let’s not kid ourselves: Jeff Sessions, or any other Trump-appointed attorney general, won’t allow that investigation to happen.

So his nomination, which by all rights should be dead, shuffles foward until the day, not long from now, when he can begin eating the brains of a lot of stuff that makes America such a wonderful country.

And so, because Republicans hold majorities on the Senate Judiciary Committee and in the full body, Kavanaugh probably will be confirmed before the leaves even start changing. But if the Democrats retake at least one house of Congress in November, Kavanaugh could be facing impeachment before midwinter. He probably wouldn’t be convicted – Republicans would need only 34 Senate votes to keep him in office, but he’d be permanently tarred. And that, in this era of diminished expectations, might be the best we can hope for.

So, to sum up: Not only has Kavanaugh lied under oath to the Senate at least five times, not only does his own email suggest he has a gambling problem, but Sen. Patrick Leahy also caught him lying about his involvement in the Republican effort to benefit from Russian interference in the 2016 election – the very investigation of which will come before him if he’s confirmed to the Supreme Court and which might well come before him on the D.C. Circuit even if he isn’t. This nomination is fatally flawed and should be pulled. If it isn’t, Sens. Richard Burr and Thom Tillis should vote against it. But it won’t be, and they won’t, because the GOP is nothing anymore but a continuing criminal enterprise.

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UPDATE, 9/8: My longtime friend Rob Campany writes on Facebook:

Bill Burck, the lawyer who has been deciding which of these documents about Kavanaugh are released to the committee and of those which documents the public is allowed to see, currently represents former White House chief of staff Reince Priebus, former White House adviser Steve Bannon and the current White House counsel Don McGahn, specifically in the Russia matter, along with at least three other current or former Trump staffers.

He’s representing like six people in the Russia investigation and he`s deciding what we’re allowed to know about the nominee who appears to have been picked probably because of the Russian investigation.

It’s starting to feel like the Mueller investigation and the Kavanaugh nomination are not competing stories anymore. It is starting to feel like this is the same story.

Rob refers to this MSNBC story, which I encourage you to see. Not only are we on the verge of confirming a gambler and perjurer — and having a gambling issue is only one of many things that can keep you from even having a law license in most states — we may be confirming someone complicit in the Russia conspiracy.

 

Thursday, September 6, 2018 8:00 am

Narcissistic, extraconstitutionalist chickenshits

If an anonymous op-ed in The New York Times is to be believed, a few plucky White House staffers are trying to save America and the world from the worst impulses of Donald Trump and expect our support and gratitude.

Screw them.

Screw them because of their narcissism. They clearly are off on this trip in which they and they alone are preserving the country, protecting the rest of us from disaster. That isn’t how the system works, more on which in a minute. Moreover, their perception of disaster is WAY too selective. They pick and choose the papers they don’t like to sneak off the president’s desk, while allowing environment depredation, the caging of children and the evisceration of health care for millions of Americans, thousands of whom will die as a direct result.

Screw them because they swore an oath to uphold the Constitution and instead are operating way outside of what law and the Constitution require. Their duty requires them, if they believe the president is unfit, to resign, come forward publicly, and work for Trump’s impeachment, resignation, or removal from office under the 25th Amendment. The author says he (and the piece is so narcissistic it almost has to have been written by a guy) and his colleagues discussed trying to invoke the 25th Amendment but didn’t want to provoke a “constitutional crisis.” Dude. That horse has gotten out of the barn, over the hill, sired 25 Triple Crown contenders, died peacefully in his sleep and been buried with honors in the Pimlico infield.

Screw them for not having the guts to come forward publicly. Whoever wrote this seems determined to try to maintain some post-Trump viability. That suggests the author either already is a politician – Director of National Intelligence Dan Coats, a former U.S. senator, and U.N. Ambassador Nikki Haley, a former S.C. governor with national political ambitions, come immediately to mind – or is a staffer with political ambitions. Unfortunately, this situation is more important than one person’s political career, a fact the author and his confreres directly refuse to acknowledge.

And, finally, screw them for this:

The bigger concern is not what Mr. Trump has done to the presidency but rather what we as a nation have allowed him to do to us. We have sunk low with him and allowed our discourse to be stripped of civility.

Oh, HELL, no. You don’t get to foist the responsibility for this disaster on everybody else. I didn’t “allow him to do [this] to us,” and neither did 65 million other Americans. YOU made this possible, and you need to understand that and own it. In public. By name. Now.

 

 

Sunday, August 26, 2018 8:25 pm

Trump and the week that was

Donald Trump had such an awful week that it has taken me until tonight to begin to write about it. No American president has taken so many body blows in a single five-day period without getting shot.

On Tuesday, his former campaign manager, Paul Manafort, was convicted on eight felony counts, with the jury hung on another 10. Juror Paula Duncan, a staunch Trump supporter, called the government’s case “overwhelming” and said only a single juror prevented the panel from convicting Manafort on all 18 counts.

The charges against Manafort, in the Eastern District of Virginia, didn’t have anything directly to do with the Trump campaign’s conspiracy with the Russians to throw the 2016 election. But Manafort, who is likely to die in prison unless he cooperates, also faces trial in the District of Columbia starting Sept. 17 on charges related to his foreign lobbying work and witness tampering. Some of those charges may relate more directly to the Trump campaign.

Also Tuesday, former Trump attorney Michael Cohen, whose phones and computer records the government seized months ago, was charged with and pleaded guilty to eight felony counts of tax fraud, making false statements to a bank, and committing campaign-finance violations to try to keep news of two Trump affairs out of the public eye. In his plea agreement, a sworn statement accepted by the judge, Cohen confessed that “in coordination and at the direction of a candidate for federal office,” he kept information that would have been harmful to the candidate and the campaign from becoming public by paying two women who had slept with Trump “hush money.”

The “candidate for federal office” was Trump, who, by virtue of this plea agreement, becomes an unindicted co-conspirator. The last one of those we had in the Oval Office was Nixon.

Those two developments on the same day would have been bad enough. But the week wasn’t done with Trump yet. On Friday came the news that Allen Weisselberg, the Trump Organization chief financial officer, had been granted immunity. Publicly, the agreement was described as relating only to the payments Cohen described in his plea agreement.

But I’d be stunned if that’s all that the Southern District of New York was interested in, because witnesses don’t get blanket immunity from the government based on two discrete six-figure payments. Weisselberg originally was hired by Trump’s late father, Fred, in 1978 and has been with the organization ever since. He is a trustee of the trust that holds Trump’s personal holdings. He knows EVERYTHING about both Trump Organization finances and Donald Trump’s personal finances. And for him to have gotten the immunity he got means that he’s going to tell the government everything.

Also Friday, David Pecker, CEO of the National Enquirer’s parent company, was granted immunity in relation to the hush money payments Cohen made.

The Enquirer allegedly used a tactic known as “catch-and-kill” — when a publication buys the rights to a damaging story for the purpose of sitting on it and keeping that story out of the news.

The Associated Press reported Friday that the magazine even had a location where records of these payments were stored: a safe full of documents, not only relating to Trump, but similar “catch-and-kill” deals with other celebrities.

“By keeping celebrities’ embarrassing secrets, the company was able to ingratiate itself with them and ask for favors in return,” the AP reports.

And keep in mind that back in June, the New York Attorney General’s office sued the Trump Foundation and its board of directors (Trump family members), alleging violations of both state and federal law with respect to, among other things, illegal coordination with Trump’s presidential campaign and self-dealing. It is entirely possible that criminal charges against Trump and his kids will result from this lawsuit, and Trump can’t pardon anyone for state charges.

Taken together, these events make clear that whatever the government wants to know about support of the 2016 Trump campaign by the Russians, it is going to find out. The information already in the public record makes clear there’s plenty to find out.

Personally, I think that there already is enough evidence in the public record to impeach Trump — certainly on grounds of violation of the Emoluments Clause and the Take-Care Clause at least. But I’m realistic enough to know that most Americans don’t know that and that many of those who know don’t care. So I think that Democrats campaigning this fall should campaign on accountability for the administration generally rather than impeachment of Trump in particular. And I also think that any articles of impeachment should be based on one or more completed House investigative reports (assuming Democrats retake the House), a completed Mueller report, or both.

I think this week was less the beginning of the end than the end of the beginning for Trump. He has talked about firing Attorney General Jeff Sessions, who recused himself from the Mueller investigation (properly so) after the November midterms. The idea would be for him to install a new attorney general who could oversee, and perhaps shut down, the Mueller investigation. I think he’ll do that and that nationwide protests will break out as a result. But I also suspect that Mueller has anticipated this course of action and planned accordingly. I don’t know what his response would look like, but I am confident that he has one. Even if he does not, it would be far harder for Trump to interfere with the investigation housed in the Southern District of New York than to interfere with Mueller. And, of course, Trump has no control whatsoever over the New York Attorney General’s office.

Trump’s avenues of escape are being closed off one by one. My wife has been saying from the beginning that all of this ends with Trump in Moscow, voluntarily or otherwise, and I think that’s right. But I also think Trump will face indictment, articles of impeachment, or both first. And I look forward to those as we work to oust this traitor and criminal from the presidency.

Tuesday, August 21, 2018 7:48 pm

So long, Silent Sam

Filed under: Uncategorized — Lex @ 7:48 pm

“Silent Sam,” the statue on the campus of the University of North Carolina at Chapel Hill that was built to honor the university’s Confederate Civil War dead, was toppled last night. That act almost certainly was a crime, and the perpetrators should be prepared to pay the price. But it also was a righteous act of civil disobedience. Life is complicated.

The statue, paid for by university alumni and the United Daughters of the Confederacy, was a monument to a myth, the Confederate “Lost Cause”  — the notion that the Civil War was about anything except slavery and white supremacism — that has left toxic residue in our politics and culture even today. The Union won the war, but the Confederacy won Reconstruction, with results that reach even into today’s White House and the N.C. General Assembly.

It was erected not in the immediate aftermath of the Civil War, but roughly 50 years later, in 1913, as the Confederacy and its leaders were enjoying a wholly undeserved reputational rehabilitation.

Similar statues and monuments were being built not only across the states of the late Confederacy but in other states as well. It is not a coincidence that the Ku Klux Klan was enjoying a great expansion of its ranks as well. And it doesn’t take inference to understand that white supremacy was behind it all. Julian Carr, the Civil War veteran and ardent white supremacist who gave the dedication speech, made it plain:

The present generation, I am persuaded, scarcely takes note of what the Confederate soldier meant to the welfare of the Anglo Saxon race during the four years immediately succeeding the war [that is, when former Confederate soldiers terrorized freed blacks and Republican whites across the South — Lex] when the facts are, that their courage and steadfastness saved the very life of the Anglo Saxon race in the South – When “the bottom rail was on top” all over the Southern states, and to-day, as a consequence the purest strain of the Anglo Saxon is to be found in the 13 Southern States – Praise God.

I trust I may be pardoned for one allusion, howbeit it is rather personal. One hundred yards from where we stand, less than ninety days perhaps after my return from Appomattox, I horse-whipped a negro wench until her skirts hung in shreds, because upon the streets of this quiet village she had publicly insulted and maligned a Southern lady, and then rushed for protection to these University buildings where was stationed a garrison of 100 Federal soldiers. I performed the pleasing duty in the immediate presence of the entire garrison, and for thirty nights afterwards slept with a double-barrel shot gun under my head.

People of color despised the statue not just because of what it symbolized but also because of what it celebrated. And it is understandable that they would do so: Statues aren’t just “history,” but also indicate those people and things that we as a society celebrate. Silent Same stopped doing that a long time ago — praise God.

But there had been efforts and discussions underway for decades about what to do with Silent Sam — leave him where he was on public ground or move him, perhaps to a museum or privately owned Confederate graveyard. Left to themselves, those discussions might have led to a solution that all sides could have lived with, if not been happy about.

But the Republicans in the N.C. General Assembly, who have never met a situation they couldn’t make worse, on race relations or pretty much anything else, passed a vague and ill-considered law in 2015 protecting all such monuments on public property. (My friend and former colleague Joe Killian posted almost exactly a year ago on this subject, after a Confederate monument in Durham had been toppled.) Democrats even filed a bill in the legislature earlier this year to move the statue, but Republicans wouldn’t even give it a hearing. So there was no outlet for rational discussion that might have led to a workable solution.

To be clear, I do not condone criminality, full stop. Those who committed the crime should be prepared to do the time. That said, tearing down the statue when all other avenues of addressing the issues it raised had been cut off fits squarely within the tradition of righteous civil disobedience. I hope the court in its wisdom recognizes these actions as such and imposes minimal punishment, should anyone be convicted.

And to those suggesting that the statue should be left in place because of history, I have a question: How many of you were worried about history when U.S. forces toppled the statue of Saddam Hussein in Baghdad in 2003? Well, it’s about the same thing.

 

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