Blog on the Run: Reloaded

Saturday, December 9, 2017 11:48 am

The diminishing view from the moral high ground

As Democrats work to align their practices with their stated principles, they — and women — risk losing a wider war.

Time magazine has dubbed them “The Silence Breakers” and named them Person of the Year: the women (mostly) who have come forward to allege sexual harassment, or worse, on the part of powerful men, many of them quite famous.

Politics having forever been a boys’ club, it’s no surprise that the trend is affecting official Washington. What has been striking, however, has been the difference in the ways Democrats and Republicans have handled allegations against their respective members.

Democratic Rep. John Conyers, the longest-serving member in the House, was forced to resign. Sen. Al Franken, the Minnesota Democrat who some Democrats believe should be the party’s 2020 presidential nominee, was forced to resign. (More on him in a moment.) Rep. Alcee Hastings, the Florida Democrat, is alleged to have used more than $200,000 in taxpayer money to settle allegations; at this writing he has not resigned, but his situation is tenuous.

Contrast that approach with the GOP’s: Rep. Blake Farenthold, a Texas Republican, also used taxpayer money to settle allegations; he hasn’t resigned and has no plans to. (UPDATE: There are new allegations against him, too.) Roy Moore, the former Alabama Supreme Court chief justice who has been accused of sexual assault by women including one who was 14 at the time, is running for the vacant Alabama seat in the U.S. Senate with the full support of the Republican National Committee, Alabama elected officials (who are mostly Republican) and President Donald Trump, himself currently being accused of sexual harassment or assault by almost 20 women. The Republicans who control Congress have expressed zero interest in expelling Farenhold, expelling Moore if he’s elected (legally, the Senate probably cannot prevent him from being seated if he wins), or even investigating Trump.

The Democrats, having long espoused equality of the sexes, and having argued at least since the 1991 Anita Hill case that women accusers should be believed, are now having to figure out exactly how that will work in practice, lest they be credibly accused of hypocrisy. There’s no road map; it’s being drawn now as they proceed. But they do seem to be acting, or trying to act, on the belief that the party’s practices should align with its principles, however painfully.

This is a particularly acute problem in Franken’s case. The allegations against him are generally far more minor in nature than those against, say, Moore or Trump. Franken has been an ally for women in the Senate. And, again, a lot of Dems would’ve liked to see him not just stay in the Senate but also go on to win the White House. But the party, publicly led by women senators, insisted he resign. And so he said he would.

But the Republicans, having not been a party that particularly favors women’s rights, have no such worries about hypocrisy. As has been abundantly clear at least since 1995, they care not about principles, only power. Accordingly, they’ve doubled down on support for Moore, primarily to protect their tenuous Senate majority.

Think about that. One of the two major parties in this country thinks it’s just fine for a credibly accused child molester to be a U.S. Senate candidate, and to be seated if he wins. And while the press hasn’t exactly endorsed Moore — indeed, Alabama’s three largest newspapers editorialized against Moore and in favor of his Democratic opponent, Doug Jones — neither has it made enough of a stink about the GOP’s appalling lack of a moral center. And Republican voters are all for him, and not just in Alabama.

Now think about this: Suppose Moore were a Democrat, and his Republican opponent would become the 51st Republican senator — enough to, say, overturn the Affordable Care Act or some other law favored by liberals. Would the Democrats take the “Democrats uber alles!” approach? It’s inconceivable that they would (I suspect most would sit the race out, which is as good as voting for the Republican). And in the unlikely event that they did, it’s inconceivable that the news media would accept that decision with the equanimity that it seems to be accepting GOP support of Moore.

Herein lies a major dilemma for Democrats: If they do the right thing — and punishing sexual harassers and abusers is indisputably the right thing — they’ll get, at best, nominal congratulations from their base (some of whom will argue, correctly, that this course correction is happening decades too late), nominal praise from the news media, and little to no political bump.

Republicans, on the other hand, have decided that they can brazen out anything — and that therefore, they will. If anything, this is enhancing the already-strong party support from the base. Moreover, Republicans are not paying a price either in news coverage or in public esteem; the country already is deeply divided along partisan lines, so any movement would be minimal to begin with, but even so, the latest disturbing news about GOP support for a sexual predator is having little to no discernible impact on voter registration.

So from a political standpoint, what’s the benefit to Democrats of doing the right thing? It keeps the base on board, which is important, but beyond that, benefits are hard to see. And why does that matter? Because the Republicans are actively hostile to women’s rights, and only the Democrats can stop them from their current path toward banning not just abortion but also birth control, halting efforts to ensure equal pay for equal work, and many other things — yes, including stopping sexual harassment. As Slate’s Dahlia Lithwick observes:

Is [Franken going while Moore stays] the principled solution? By every metric I can think of, it’s correct. But it’s also wrong. It’s wrong because we no longer inhabit a closed ethical system, in which morality and norm preservation are their own rewards. We live in a broken and corroded system in which unilateral disarmament is going to destroy the very things we want to preserve.

To see the double standard in action, watch Mike Huckabee making the case that Roy Moore should be welcomed into the Senate because Franken has stayed. Then keep watching and realize that in the next breath, he adds that Moore has “denied the charges against him vehemently and categorically” so they must be false. Franken and Conyers are deployed by the right to say Moore should stay, and then they are dismissed as suckers for crediting their accusers.

We see this dynamic in other areas of politics, too, such as to what extent Nazis should be given the same rights as everybody else: The problem is that Nazis aren’t playing by the same rules as everyone else; they intend to use their rights to get into a position in which they can deny the rights of others. And as Supreme Court Justice Robert Jackson, who presided at the Nuremberg war-crimes trials, has famously observed, “The Constitution is not a suicide pact.”

So what can the Democrats do? I don’t think playing the game the way the Republicans do is the right call; that way, no one wins, least of all the victims of sexual harassment and assault.

Beyond that, I would argue that the party needs to make this issue a priority, by which I mean Democrats in both houses of Congress, and particularly the women senators who brought about Franken’s resignation, ought to use the rules of their respective houses to throw enough wrenches into the works to bring business to a standstill until there’s a bipartisan investigation of the allegations (including alleged the rape of a then-13-year-old girl) against Donald Trump and against Supreme Court justice Clarence Thomas for lying about his treatment of Anita Hill, and a standard procedure to follow in each house when a member is accused of sexual misconduct. If a government shutdown ensues, so be it. This matters (UPDATE: and if Vanity Fair is correct, it’s about to start mattering a whole lot more).

From where I sit, Al Franken had to resign. Yes, there’s some circumstantial evidence that the first accusation against him was by a Republican operative. But the accusations against him, though minor as these things go, were too serious, numerous and credible to ignore.

But rather than simply announcing he would resign — and even noting the irony of his resignation when Trump, accused by more people of having done worse things, remains in office — I wish Franken had said, “I will resign … right after you do, Mr. President.” That would help restore some of the moral and ethical balance now currently MIA in U.S. politics, and it would lessen the political costs and enhance the political benefits to the Democratic Party of redoubling its work on behalf of the victims of sexual misconduct, and on behalf of women generally.

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Tuesday, May 26, 2015 6:17 pm

Hey, Alabama judges, what part of the LAW don’t you understand? (Besides all of it, I mean.)

Earlier this year, a federal appeals court struck down Alabama’s ban on same-sex marriage, as federal district and appeals courts (with one exception) have been doing across the country. The day after that happened, a nondenominational Christian minister named Anne Susan DePrizio agreed to marry a same-sex couple, as the federal appeals court entitled her to do.

Which would be fine, except for the part where Alabama is Bat Country, a third-world morass of corruption, stupidity, willful ignorance, hyperpatriarchal theocracy, and outright dickitude that leaves Mos Eisley in the dust as a wretched hive of scum and villainy.

Because Alabama is Bat Country, etc., Alabama Chief Justice Roy Moore, a Shiite Christian and virulent homophobe, ordered all Alabama probate judges to ignore the federal appeals court’s ruling. This would be the same Alabama Chief Justice Roy Moore who already got fired once, in 2003, by the Alabama Court of the Judiciary for disregarding a federal court order regarding establishment of religion, but was voted back into office in 2012 because Alabama voters haven’t got the brains God gave a billygoat. Not that I am bitter.)

So this judge, Al Booth, decided that Moore’s (illegal) order gave him the right to have DePrizio arrested on “disorderly conduct” charges. Booth even claimed he had a duty to do so in light of Chief Justice Moore’s (illegal) order. DePrizio turned the other cheek, pleaded guilty to the disorderly conduct charge May 18, and will serve 30 days.

Which, you know, God bless her for living out her faith, but were I her, I’d not only be fighting the charge as far up the ladder as it took, I’d also be seeking judicial sanctions against Moore and Booth. I’m thinking 30 days apiece for contempt might make an impression. At the very least, it would make deserving examples of them.

Because the constitutional issue is straightforward here: DePrizio sought to act not only within the scope of what is permitted under civil law but also within the scope of her First Amendment right to free expression of her religious beliefs. She believes that it’s utterly cool with God for her to marry same-sex couples. The government has no right to interfere with that belief, let alone label it “disorderly conduct” as long as she’s not disrupting traffic or scaring the horses.

Me, I’d be willing to give Booth another chance, but Roy Moore has long since exhausted his right to be on the public tit. And since Alabama is a net taker of federal revenue, that means an assload of American taxpayers are subsidizing his salary. That boy needs an escort into the private sector. Yesterday. Can I get an amen?

Monday, February 9, 2015 8:01 pm

Odds and ends for Feb. 9

So because I think Binyamin Netanyahu is a sociopath who has led Israel down a dangerously self-destructive path and who (as is true of any other head of state) has no business addressing our government without an invitation from the head of that government, Joe “Ratings Lower Than Whale Poop in the Marianas Trench at High Tide” Scarborough thinks I’m anti-Semitic. Fortunately, Dave Winer, the Godfather of Blogging, has a response: “Let me jewsplain that for you: chuck is a goy schmuck asshole schmeggegey nazi idiot dick.”

Some people just don’t have the temperament to be lawyers. Alabama Chief Justice Roy Moore, not for the first time, is demonstrating that he is one of those people, ordering officials in that state to ignore the U.S. Supreme Court’s 7-2 legalization of same-sex marriage there. Coming into today, Alabama was 0-2 in nullification contests, and it began losing again today not long after county offices opened for business. Sorry, Roy. And screw you with a fence post, bigot.

“[I]f memory for events is strengthened at emotional times, why does everyone forget what they were doing when the Challenger exploded?” Memory is damned tricky. And our criminal justice system, for good or ill, needs to take better stock of its shortcomings.

A month or so ago I had to give New York Times op-ed pecksniff Ross Douthat credit for being right about the Charlie Hebdo incident. Now, I must give New York Times op-ed pecksniff David Brooks credit for being right about President Obama’s National Prayer Breakfast comments. Verily, the Four Horsemen of the Apocalypse are coming up the driveway and here I am all out of hay.

If Mike Freaking Huckabee blows that dog whistle any louder, he’s gonna owe me for some new windows.

So, Godwin’s Law with respect to privatization? Totally bogus:

They say that the first person in any political argument who stoops to invoking Nazi Germany automatically loses. But you can look it up: According to a 2006 article in the Journal of Economic Perspectives, the English word “privatization” derives from a coinage, Reprivatisierung, formulated in the 1930s to describe the Third Reich’s policy of winning businessmen’s loyalty by handing over state property to them.

(Seriously. I had no idea.)

There might be a case for not publishing some of the Charlie Hebdo images, but outgoing NPR ombudsman Edward Schumacher-Matos utterly fails to make it.

Oregon’s governor, John Kitzhaber, a Democrat, has a fiancee. His fiancee has advised the governor on some of the same energy issues on which she works as a paid consultant for private interests, and there’s roughly zero chance Kitzhaber was unaware of this major conflict of interest. I imagine there are roughly 4 million Oregonians who don’t give a damn what I think, but I think Kitzhaber should resign. I imagine a district attorney and a U.S. attorney there also don’t give a damn what I think, but I also think Kitzhaber should go to prison.

WRAL-TV catches Rep. Paul “Skip” Stam lying about Medicaid. Stop the presses.

A former chairman of the state’s Mining and Energy Commission, Jim Womackgets all butthurt over the fact that a Lee County coffee-shop owner doesn’t want Duke Energy’s coal ash dumped in her back yard. Because Womack was having trouble understanding the owner’s position, I wish she’d’ve spooned some coal ash into his coffee.

I was wrong; Carolina Panther Greg Hardy won’t be convicted on domestic-assault charges in a jury trial after all. The complainant has skipped town amid rumors of a civil settlement. I stand by my prediction, however, that Hardy has played his last game as a Panther.

Here in Greensboro, a patron at New Orleans Bar & Grille on Big Tree Way was unsatisfied with his steak Saturday night and started filming a review, when restaurant employees not only interrupted but also stole their phones. My wife’s from Louisiana, but it’ll be a cold day in hell before we set foot in that place. This deserves to go viral so hard that not even the owners’ grandchildren’s grandchildren will ever be able to try to start a business here. And the restaurant employees need to go to prison.

Let it never be said I’m not tough on crime. Y’all have a good evening.

 

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