Almost halfway

Two years…really?  Is that an eternity, or does it seem like no time at all?  It seems like…it seems like I’ve been on a merry-go-round that not only hasn’t slowed down in almost two years but occasionally cranks up to “dizzying,” and it feels like we all could use a rest.

Let’s see how smart I was two years ago (“Eyes Open, moving ahead” Nov. 11, 2016): I said, we owe it to the new president to give him a chance to perform in office, to get up to speed and be the best he can be and live up to the responsibilities of the office, blah blah blah…something like that.  I still think that was the only right attitude to take at the time; so, where are we now?

Well, the only real “important legislation” I can think of that this president has passed was the ill-considered December 2017 tax cut, and last month it was reported that it has contributed to the fact that today we have a $779 billion federal budget deficit, exactly the thing Republicans used to cry about—when Democrats were in power. (Now, not so much?  Nope; now, not at all.  E.J. Dionne likens today’s GOP “tax policy” to an artful scam pulled by some high-end grifters.)  Anything more recent?

BFD Trump (big freakin’ dealmaker), who campaigned on stopping the bleeding in the American car industry and promised to save the steel industry, has pretty much watched dumbfounded as there’s been no resurrection in steel and, this week, General Motors announced plans for plant closings and more than 14,000 layoffs to prepare for the future in sight of a present in which Trump tariffs have raised its costs.  (Yours and mine, too.)  And when he talked to the Wall Street Journal, long-time friend to Republican presidents, Trump demonstrated he doesn’t know what he’s talking about.

(That extends beyond economics: he displayed the breadth of his ignorance warped view of the world when he talked to the Washington Post on several topics, including his pals in Russia and Saudi Arabia and his own Fed chairman.)

Thirteen federal government agencies released the latest report on the on-going investigation into climate change, in which they find many previously-predicted negative results of the climate changes that have already resulted from human activity are coming true and warn of “a profound threat to Americans’ well being.”  But Trump says he doesn’t believe the report, so, that’s that—nothing to worry about here, everybody, go about your business.

(Not so fast, conservatives: S.E. Cupp writes that it’s “both willfully ignorant and negligent not to acknowledge that there is in fact a scientific consensus that the Earth is warming and man is responsible for much of it” and suggests we get about doing something.)

Of course, there’s endless amusement in watching Trump twist helplessly in the wind waiting for another shoe to drop in Special Counsel Robert Mueller’s investigation, which has been moving along pretty briskly, thank you very much.  It just secured a second guilty plea from Trump’s former personal and business attorney, Michael Cohen, who now admits he lied to Congress about the ongoing effort of the Trump Organization to arrange a deal for a Trump Tower in Moscow, an effort (he now concedes) that was still active even during the latter stages of the 2016 presidential campaign—a time during which the candidate himself repeatedly denied he had any business dealings with the Russian government or Russian businessmen, because, you know, people would have frowned at that.

(The Mueller investigation is not a witch hunt, unless you count as witches all the people on the list of “Trump people who have admitted criminal activity.”  Also, I read an interesting piece in Wired that argues the Mueller investigation could be close to an end, and has been leaving its conclusions strewn along the way in various court filings that no hack political appointee acting attorney general can ever hide from us even if he succeeds in firing Mueller himself.)

Wow.  And all of that…all of that is just some of what has happened in the past week.  Doesn’t even touch on the constant and inveterate lying from Trump and his press secretary and other subordinates and acolytes.  Gotta tell you, I know that what he says matters since he’s the president of the USA and all, but I don’t understand why anyone ever believes anything that comes out of his mouth.  He says what he wants to be true, or needs to be true, at the time he’s saying it; there’s seems to be no positive correlation between any statement made and discernible factual truth, nor any need even for niggling and inconvenient consistency between what he said today and anything he said before.  Ever.

I look forward to a beginning of some checks and balances of the Executive branch from the House of Representatives in the new year, and I will say that I hope the Republicans who serve in the current Congress are ashamed of the way they have blown off their constitutional responsibility and rolled over for this guy.  I have no doubt that Trump is deserving of being removed from office, but I don’t know that in the current circumstance that an impeachment effort would be worthwhile, what with Republicans still controlling the Senate and the alternate-facts-Fox-universe unlikely to see the light.  But Democrats could take a lesson from history:

The president of the United States was both a racist and a very difficult man to get along with.

He routinely called blacks inferior. He bluntly stated that no matter how much progress they made, they must remain so. He openly called critics disloyal, even treasonous. He liberally threw insults like candy during public speeches. He rudely ignored answers he didn’t like. He regularly put other people into positions they didn’t want to be in, then blamed them when things went sour. His own bodyguard later called him “destined to conflict,” a man who “found it impossible to conciliate or temporize.”

But the nation’s politicians simply had to interact with Andrew Johnson, for he had become the legitimate, constitutionally ordained chief executive upon Abraham Lincoln’s death by assassination.

Their path for managing this choleric man reveals that a president need not be kicked out of office to be removed from holding a firm grip on the reins of power. It also shows that people around the president, from Congress to the Cabinet, have many more tools at their disposal than, say, writing an anonymous New York Times op-ed to stop a leader they consider reckless or dangerous.

Read how they did it in this terrific piece by David Priess in Politico.  And get ready for the second half.

Submitted for your consideration

The Congressional election just two weeks away will lead us down one of only a few possible paths.  If the Republicans who control the House and the Senate maintain their majorities in both chambers, there’s no reason to think that they will then choose to start exerting more constitutional authority as a counterweight to President Trump’s apparent on-going violations of constitutionally-mandated behavior of a government official, or have any new political reason to begin to seriously challenge or even oppose their party’s leader.  If they lose control of both houses, the Democrats would take command of the constitutional machinery that could restrict the president’s future activities and investigate or prosecute some of his apparent past crimes.  If the GOP loses control of just one chamber, life will get more confusing…more confusing than it already is, and that’s saying something.  Despite polling which shows less than half of the country approves of the president’s performance in office, the outcome for November 6 is unclear.

It’s no great pronouncement to say that American politics is polarized today, which by the way is not the same as having two major political parties with different opinions about the means to achieve goals…or which have completely different goals.  As they say on the Internet, I’m old enough to remember when having opposing beliefs or values from other people did not mean that I was good and pure and true and a Real Loyal Patriotic American and that they were stupid and evil and dishonest and corrupt and traitorous.  How’d we get from there to here?

Submitted for your consideration: the October 25th edition of The Daily, the podcast of the New York Times, which explores the premise that the 1994 midterm elections—in which the Republicans gained 54 seats in the House of Representatives to take control for the first time in 40 years—holds the seeds to the political divisiveness that rules the day today.  Give it a listen: host Michael Barbaro talks with opinion writer Jennifer Senior about the 1994 midterm elections, which she covered as a reporter, and she interviews former congressman Vin Weber, a Republican from Minnesota who left Congress in 1993 but whose friendship and political alliance with Newt Gingrich made him a behind-the-scenes force in the 1994 elections which resulted in Gingrich becoming speaker of the House.

Without question, Gingrich and the GOP played a clever political game to maximize the party’s gain of seats beyond what is usual for the party out of the White House.  They focused on wedge issues—they created the term “wedge issues,” I think—which were successful that day, and which have been driving wedges in our lives ever since.  Whether or not the politicians were sincere in their stated belief in the positions they advocated can be argued, but as a tactic it worked beyond their expectations.

Was it a good thing to have done?  Did Republicans of 1994 do the country a disservice in opening a rift in civil society that’s only gotten worse in the years since?  Good questions to consider, I think…

A Trump news companion

Wonder if there’s anything about the president in the news today…

Hmmm, a lawyer who worked for Donald Trump in his private company before he became president, and I guess for a little time after he became president, pleaded guilty to some bank fraud charges today…oh, but also to some federal election law violations.  Michael Cohen admitted to arranging payments to two women to keep them from telling secrets that would damage the campaign of Dona…well, he doesn’t actually name the candidate whose campaign would have been harmed, but it’s clear who it was.  (It was Trump.)  Those are the payments to Karen McDougal and to Stephanie Clifford (Stormy Daniels), women who claimed to have had sexual relationships with Trump, relationships which he still denies…although his lawyer now admits in court to making the payments to keep the stories of those affairs quiet (hell of a lot of good that did!) and says that Trump repaid him, although Trump denies even knowing anything about the payments.   Something doesn’t quite synch up here.  Those bank fraud charges were about his other business operations, nothing to do with Trump.

What else…

Oh, the guy who was the Trump campaign chairman for a few minutes in 2016 was found guilty by a federal jury of eight tax and bank fraud charges (and got a hung jury on ten other counts)…looks like all those crimes had nothing to do with Trump, either, except maybe give us another data point on Trump as a judge of character.  Let’s see, along with Paul Manafort and Cohen, we have:

  • Michael Flynn, retired general who was fired as national security adviser over “trust” issues, who pled guilty to lying to the FBI about his pre-inauguration contacts with Russia’s ambassador to the U.S.
  • Rick Gates, another former Trump campaign official and inaugural committee official, and Manafort business partner, who has admitted committing crimes with Manafort
  • George Papadopoulos, a one-time Trump campaign adviser who pleaded guilty to lying to the FBI about his attempts to set up meetings between the Trump campaign and representatives of Russia
  • Twelve Russian intelligence officers indicted for hacking the Democratic National Committee
  • Thirteen Russian nationals and three Russian companies indicted for interfering in the American political system

…and those are just the people collared, so far, by the Special Counsel Robert Mueller’s investigation.  (Never before seen a witch hunt that came back with so many witches in just a year’s time, have you?)  Can Trump have been that bad a judge of character?  Maybe he’s actually a really good judge of character, and found what he was looking for: like all those people that Mr. Mueller has taken an interest in.  Maybe like his pal Omarosa, who he loved so much before he said mean things about her.

Trump’s argument is Manigault Newman:

  • Was only hired because she begged for a job, and he acquiesced.
  • Was not smart.
  • Was broadly disliked and mean to people.
  • Constantly missed meetings and skipped work.
  • Struck [Chief of Staff John] Kelly so negatively he suggested she be fired, and, perhaps most damningly.
  • Was of such questionable quality as an employee that she failed to win his reality show three times.

But she kept her job, even after Kelly complained—Kelly, whose job was to guide Trump’s White House staff.  Why?  What is the one quality Manigault Newman possessed that was sufficient for Trump to argue she keep her job?

She praised Trump.

Maybe he’s getting what he got because he looked for people who reminded him of him, or who at least were willing to swim in the same pool as him.

The problem with being Donald Trump isn’t just being Donald Trump. It’s all the other, lesser Trumps around you. It’s the versions of yourself that you create, the echoes of yourself that you inspire. They’ll devour you in the end.

I don’t mean his biological offspring, though they’re no picnic. I mean his spiritual spawn. I mean the knaves, nuts, schemers and dreamers who have taken their cues from him or turned his lessons against him. This is their moment. This is their month.

What was that other thing about Manafort I just saw?  Oh yeah:

https://twitter.com/armandodkos/status/1031352565957570560

I’m reading that people from the Trump Administration who at his West Virginia rally tonight are reportedly busy reminding people that a president can’t be indicted; wonder why they think that’s important to say right now?  (My understanding is that it’s Justice Department policy not to indict a sitting president, but not a law.)

Remember when the former Navy Seal who ran the mission that got Bin Laden wrote a letter to Trump that said “revoke my security clearance” after the president did that to John Brennan, the former CIA chief who’s been very critical of Trump’s actions as president (to say the least)?  In that letter Bill McRaven said something that was echoed the next day by more than a dozen other former high-ranking intelligence agency officials who criticized Trump for playing political games with the country’s security:

Like most Americans, I had hoped that when you became president, you would rise to the occasion and become the leader this great nation needs.

A good leader tries to embody the best qualities of his or her organization. A good leader sets the example for others to follow. A good leader always puts the welfare of others before himself or herself.

Your leadership, however, has shown little of these qualities. Through your actions, you have embarrassed us in the eyes of our children, humiliated us on the world stage and, worst of all, divided us as a nation.

If you think for a moment that your McCarthy-era tactics will suppress the voices of criticism, you are sadly mistaken. The criticism will continue until you become the leader we prayed you would be.

(I think he’s being polite with that very last bit there…)

Well, there was a weird next chapter in that story today: with his very own thumbs (I think, given the odd capitalization) the president wrote on his Twitter that former director of national intelligence James Clapper “admonished John Brennan for having gone totally off the rails.  Maybe Clapper is being nice to me so he doesn’t lose his Security Clearance for lying to Congress!”  Not sure what Clapper actually said, but what University of Texas law professor Steve Vladeck said about Trump’s Tweet ought to be talked about:

https://twitter.com/steve_vladeck/status/1031858602330542080

I think I’m ready for the sports section now…

You don’t need to be “deaf, dumb and blind” to be fair

Read this from Vox.com, this is very good.  It’s helped me think more clearly in considering whether there’s been a rush to judgment against men recently accused of sexual assault and harassment.

First, I’ll go out on a limb and say, I’m against sexual harassment and sexual assault.  I’m against men with professional or financial power using that power against women.  I believe the women who are making the accusations, especially when the men choose not to put up much of a defense and just disappear (anyone hear anything from Charlie Rose lately?); I do not reject the accusations just because they are being made by women, or because I believe that the men are somehow being treated unfairly.

I have wondered if there are cases in which the past has been turned on its head.  Used to be, a woman’s accusation of misconduct against her boss, for example, was dismissed out of hand as not being credible, and the justice system has long made it difficult for a woman to prosecute a case against her rapist…men in charge protecting other men lest they be the next to stand accused.  But since The New York Times and The New Yorker broke stories about movie producer Harvey Weinstein last year, the tide has turned and we’re told we must believe the woman.  #MeToo proponents and others argue that women who have been harassed or assaulted do not lie about it.  OK, I’m with you.  But are there women who were not harassed or assaulted who are lying, who are making false accusations?  In our newfound effort to correct past wrongs, are we being appropriately concerned about that possibility?

Dozens of power brokers have been the subject of allegations of abuse and sexual misconduct since Bill O’Reilly was ousted from Fox News in April 2017. And as more and more figures face consequences — financial, political, professional, and legal — for their bad behavior, one term that comes up over and over again is “due process,” referring to the legal concept enshrined in the Constitution.

Even President Donald Trump is in on it: In a tweet on Saturday, apparently prompted by the resignations of two of his aides, Rob Porter and David Sorensen following allegations of domestic abuse, the president lamented the number of “lives being shattered” by a “mere allegation” of misconduct. “Is there no such thing any longer as Due Process?” he asked, almost plaintively. But what does due process really mean today, now that people have begun to invoke it as a cultural concept?

I asked seven legal scholars and experts what due process is, with the understanding that in legal circles the question is essentially an existential one. Due process in court is one thing — in the court of public opinion, it is a much more fluid notion, entangling questions of what is fair, what is reasonable to believe, and what rings emotionally true.

The first of the seven, former federal judge Shira Scheindlin, makes a case that I find very clear and persuasive, clarifying that “due process” in a court of law is not the same as that which a reasonable man or woman should give to public accusations such as these:

The Fifth Amendment to the United States Constitution, provides, inter alia, that “No person shall be deprived of life, liberty or property without due process of law.” This legal standard means what is says. Certainly Rob Porter, and others who have been accused of sexual abuse or harassment, are not being deprived of their life or their liberty as a result of the allegations made against them. Property is a closer question in that some have lost their jobs — and the income resulting from that employment — as a result of accusations rather than proof in a court of law. Nonetheless, in most instances the question is not one of civil or criminal liability. Rather, the question is whether given the quality of the allegations, the person against whom the allegations have been made, should remain in the position of trust, confidence, and responsibility which he (and it usually is he) currently holds.

(snip)

But when a business, a government entity, or a voter must decide whether someone is fit for his position, the decision process is of necessity much less formal, quicker, and truncated. A judgment call must be made and it often must be made quickly. The due process of a court action is often a very complicated and lengthy affair, involving pre-trial discovery, witnesses, and a judicial proceeding. But given the stakes of loss of life or liberty that makes sense. In context, the accusations that cause a person to lose his job must be evaluated by the employer who must make a judgment call based on the strength of those allegations. There is nothing wrong with that. If the person removed from his position feels aggrieved he is welcome to bring a case in court in which he would have the burden of showing that he was wrongfully terminated. In that proceeding I have no doubt that the underlying accusations would be fully aired. That may be why so few — if any of the accused — have pursed this course.

Law professor and author Michael Meltsner of Northeastern University agrees that there is a distinction between due process as a legal concept as compared to a societal norm, and warns that raising that flag in these cases “can be an ideological screen behind which abusers or those defending them try to justify, deflect or delay condemnation.”  (He didn’t say it here but it made me think of President Trump, the credibly-accused, and self-confessed, harasser and assaulter of girls and women.)

What often gets lost in the wake of allegations of sexual abuse is that even the most flexible construct of due process focuses us on a struggle for fairness in the face of our human tendency to rush toward moral judgment. But just as importantly, due process isn’t deaf, dumb, and blind. It is essentially evidence-based, so where the facts have emerged — and we have a plethora of such examples now before us — no one need hesitate to pass judgment. At the same time, due process suggests being wary of broadsides that read all accusations identically. Human behavior, especially where sex, gender and power are concerned is often hard to fathom. Because one size rarely fits all, we are constantly challenged to name, call out, and demand action while at the same time accepting nuance and complexity. If this suggests closing your Twitter account, so be it.

This is not the president you’re looking for

I get tired of feeling like I have to write about Donald Trump, and about what he has done and is doing to our country and our society.  I get tired of reading about the topic, too: it’s unhappy, repetitive, disillusioning news for anyone who believes in the American ideals of justice and tolerance and fair treatment and service to others.

The thing is, we can’t stop reading and writing about it because it’s too important.  None of us should just let what Trump and the Trumpettes are doing become background noise, or just blindly trust that someone somewhere will take care of it all eventually and things can go back to the way they were.  (First of all, things the way they were weren’t all that grand, but still…)  The least we can do is keep reminding ourselves and others of what is really happening—to recognize reality, to see the truth—and remind ourselves and others that things are not supposed to be like this.  We have to stand up for ourselves, and for our country.

David Brooks of the New York Times did a good job of that last week, sadly reminding the Republican Party and those who claim loyalty to its beliefs that they’ve betrayed their own ideals and are letting their party rot away.  He told Republicans who believed “…You didn’t have to tie yourself hip to hip with Donald Trump…You could sort of float along in the middle, and keep your head down until this whole Trump thing passed…it’s clear that middle ground doesn’t exist.”

First, [Trump] asked the party to swallow the idea of a narcissistic sexual harasser and a routine liar as its party leader. Then he asked the party to accept his comprehensive ignorance and his politics of racial division. Now he asks the party to give up its reputation for fiscal conservatism. At the same time he asks the party to become the party of Roy Moore, the party of bigotry, alleged sexual harassment and child assault.

There is no end to what Trump will ask of his party. He is defined by shamelessness, and so there is no bottom. And apparently there is no end to what regular Republicans are willing to give him. Trump may soon ask them to accept his firing of Robert Mueller, and yes, after some sighing, they will accept that, too.

That’s the way these corrupt bargains always work. You think you’re only giving your tormentor a little piece of yourself, but he keeps asking and asking, and before long he owns your entire soul.

The Republican Party is doing harm to every cause it purports to serve. If Republicans accept Roy Moore as a United States senator, they may, for a couple years, have one more vote for a justice or a tax cut, but they will have made their party loathsome for an entire generation. The pro-life cause will be forever associated with moral hypocrisy on an epic scale. The word “evangelical” is already being discredited for an entire generation. Young people and people of color look at the Trump-Moore G.O.P. and they are repulsed, maybe forever.

You don’t help your cause by wrapping your arms around an alleged sexual predator and a patriarchic bigot. You don’t help your cause by putting the pursuit of power above character, by worshiping at the feet of some loutish man or another, by claiming the ends justify any means. You don’t successfully rationalize your own tawdriness by claiming your opponents are satanic. You don’t save Christianity by betraying its message.

(snip)

The Republican Party I grew up with admired excellence. It admired intellectual excellence (Milton Friedman, William F. Buckley), moral excellence (John Paul II, Natan Sharansky) and excellent leaders (James Baker, Jeane Kirkpatrick). Populism abandoned all that — and had to by its very nature. Excellence is hierarchical. Excellence requires work, time, experience and talent. Populism doesn’t believe in hierarchy. Populism doesn’t demand the effort required to understand the best that has been thought and said. Populism celebrates the quick slogan, the impulsive slash, the easy ignorant assertion. Populism is blind to mastery and embraces mediocrity.

(snip)

[Unlike the tax cuts of 30 to 40 years ago] Today’s tax cuts have no bipartisan support. They have no intellectual grounding, no body of supporting evidence. They do not respond to the central crisis of our time. They have no vision of the common good, except that Republican donors should get more money and Democratic donors should have less.

The rot afflicting the G.O.P. is comprehensive — moral, intellectual, political and reputational. More and more former Republicans wake up every day and realize: “I’m homeless. I’m politically homeless.”

We don’t have to end up that way; we don’t have to let it happen.  Start with this Jedi-mind-trick chant: this is not the president you’re looking for…