Tag New York Times

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

Pat Ryan Leave a comment

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

Pat Ryan Leave a comment

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…

Seatbacks in the upright and locked position, please; we’re about to encounter some (more) turbulence

Pat Ryan Leave a comment

If you were thinking that someday the chickens of justice would come home to roust, probably in that thing on the top of Donald Trump’s head, then today could be the day they start.  Very excited at the news of the first indictments in special prosecutor Robert Mueller’s investigation and of charges against three people, including a guilty plea that ties the Trump presidential campaign to Russian attempts to influence the election.  En garde!

One-time Trump campaign chairman Paul Manafort and his longtime business partner Rick Gates are named in indictments alleging felony conspiracy, but the indictments make no reference to the presidential campaign nor any reference to coordination between the campaign and Russia.  Up front, let’s remember that an indictment is not proof of a crime, and that Manafort and Gates both pleaded not guilty to the charges today.  But let’s remember as well that an experienced and skilled investigator and prosecutor like Mueller doesn’t go the grand jury with charges without having a strong case.  (Yes, yes, I know about grand juries and ham sandwiches, but still.)  Also, we should have faith that this is just the first public step in a well-developed-and-researched case(s), not the last.

Why was it again that Manafort was the former campaign chairman?  Oh yeah, because he was fired from the campaign after it was learned he’d received more than $12 million in payments from a former president of Ukraine, a pro-Russia politician whom he had worked with for years, that he had failed to disclose.  And for what has he been indicted?  Conspiracy against the United States of America, conspiracy to launder money, and more.

I believe in giving credit where it’s due, especially in areas where it rarely ever is: the president was accurate when he tweeted this morning that the indictments of Manafort and Gates make no reference to the Trump campaign, nor do they allege wrongdoing in relation to the campaign.  Now, on the other hand (you saw this coming), he tweets that as if it’s all that needs to be said ever again on the topic, as if that proves the ultimate innocence of Trump, and all the Trumpets, and the campaign, of all the Russia allegations, and then (of course) uses it as a springboard (again) to suggest the real investigation should be aimed at Hillary Clinton.  (Heavy sigh.)

But he offers no comment at all on the rest of the indictment news, which I think is far more important on its face: the fact that former campaign foreign policy adviser George Papadopoulos pled guilty earlier this month to lying to the FBI in the Mueller probe, which is the “most explicit evidence [so far] connecting the Trump campaign to the Russian government’s meddling in last year’s election.”

Short version: Papadopoulos tried repeatedly to arrange a meeting between a London-based professor and Trump campaign officials…because he was told by the professor in April of 2016 that the Russians had “dirt” on Clinton in the form of thousands of emails, at a time long before the hacks of the Democratic National Committee and Clinton’s campaign were public knowledge…and then he lied to the FBI about how valuable he considered the professor but now acknowledges he knew then that the professor had “substantial connections” to Vladimir Putin’s government.

It’s unbecoming for a graying, overweight man in his 60s who is not Santa Claus to be giddy, but I’m right on the edge of that with today’s news.  Mueller is ready to start showing his cards, and I trust that he (a) is smart enough to believe he has the goods, and (b) has all the ducks properly aligned, before he starts to deal the cards.  Charles Pierce has the same feeling: this is just the beginning, or as he puts it, the snowball has started to roll downhill:

For a while on Monday, whomever in the White House is charged with the task of hiding the presidential* telephone had done a fairly good job. The president*’s Twitter account was rigged for silent running. Republican congresscritters also were maintaining a discreet distance in the immediate aftermath of the news. (Congressman Sean Duffy of Wisconsin popped up on Three Dolts On A Divan to say “dossier,” “Hillary,” and “uranium” a few times, but his heart didn’t seem to be in it.)

At the very least, it would seem to me, Republican congressional leaders ought to be forced to take a position as to what they would do if the president* fired Robert Mueller now that the first shoe has dropped. This should be an easy one, of course, but there is that tax bill to pass, and all that money to shove upwards to the donors, so obligations to the Constitution can wait.

This isn’t going to go like a Perry Mason murder trial, where the real killer suddenly feels remorse and rises to confess the whole thing.  Trump won’t go away easy; we can expect he’ll resist every step of the way because he still believes he’s smarter and luckier (and richer, and better looking) than everyone else.   And of course, there’s the general understanding that he will lie…about everything, as he has done, even when lying doesn’t help his cause.  He operates as if he firmly believes that everyone accepts everything he says as gospel because, well, because it’s him saying it; the fact that he is often wrong and contradicts himself is apparently irrelevant to the true believers.  Now, that was probably a good bet to be true when he lived in a universe wholly populated by people dependent on him for their financial well being.  For the rest of us, the vast majority of the world’s people who don’t have a financial relationship with Trump, it’s annoying and pathetic.  But we know it’s coming, so we’ll deal with it.

Despite the agony I imagine the president will put the country through, I admit I relish the thought of that day when we’ll get to see this guy go up in flames.  But it won’t be tomorrow…author Kevin Kruse (@KevinMKruse) tweeted a reminder earlier today that it was almost two years between the first Watergate-related indictments (of the Watergate burglars) and Richard Nixon’s resignation.  And it was close to the end of that period before the Republican Congressional leadership moved past their private disgust and went public with their opposition to the president of their own party.

There’s no encouraging reading yet on how far the Republicans who control Congress today will let this go before publicly standing up to the White House.  You’d like to think they’d already be taking a stand against a good bit of what Trump has been doing, but as Pierce noted, there are still rich Americans in desperate need of tax cuts, which means Republicans have some pipers to pay before they can stand up for America.

Donald the Dog Whistler

Pat Ryan Leave a comment

It’s not the fact that there are throwbacks like the people who marched in support of a Robert E. Lee statue in a park in Charlottesville, Virginia, yesterday that surprises me.  Saddens me, yes, but doesn’t surprise.  The only part about all that happened yesterday that did surprise was the response to it all from the president of the United States: I don’t know if he was excrutiatingly selective about his words, or just tone deaf, but he couldn’t find the words, or even the Tweets, to condemn white supremacists.

https://twitter.com/MerryRey/status/827416649582125056

https://twitter.com/RicoGagliano/status/896476997031014400

https://twitter.com/benjaminwittes/status/896489642266157057

He didn’t/wouldn’t take sides in a fight over basic human rights, or even pretend to take sides and be seen as part of the mainstream.

https://twitter.com/tribelaw/status/896570074076766209

What he did do yesterday was dog-whistle a message to some of his supporters, the people who knew he was an ignorant, truth-impaired, narcissistic megalomaniac with the attention span of a two year old but voted for him anyway, because when he promised to “make America great again” they heard “take our country back.”  If we didn’t realize a long time ago what that means to those people, we know now:

The turmoil in Charlottesville began with a march Friday night by white nationalists on the campus of the University of Virginia and escalated Saturday morning as demonstrators from both sides gathered in and around the park. Waving Confederate flags, chanting Nazi-era slogans, wearing helmets and carrying shields, the white nationalists converged on the Lee statue inside the park and began chanting phrases like “You will not replace us” and “Jews will not replace us.”

(snip)

“We’re going to fulfill the promises of Donald Trump” to “take our country back,” said Mr. [David] Duke, a former imperial wizard of the Ku Klux Klan. Many of the white nationalist protesters carried campaign signs for Mr. Trump.

The White House is trying to cover his ass about it today, but what the president said yesterday—when it happened; when it mattered—was “We condemn in the strongest possible terms this egregious display of hatred, bigotry, and violence.  On many sides; on many sides.”

Meaning what, exactly?

Yesterday in Slate, Josh Levin had a great answer to that question:

He then said those three words again—“On many sides”—as if to emphasize that this throwaway phrase was in fact the only bit of his short speech that he truly believed in. He did not talk about white supremacy, and he did not note the prevalence of racist chants. The troubles in Charlottesville, the president said, were everyone’s fault. Or, to put it another way, nobody in particular was more responsible than anyone else for what happened in Virginia this weekend. Not the president. Not the party that enabled him. Not even those who idolize Adolf Hitler.

Trump’s refusal to condemn white supremacist violence, coming on the heels of his silence in the aftermath of last week’s mosque bombing in Minnesota, is just the latest affirmation of his fundamental immorality. The president’s racist, anti-Semitic, Muslim-hating acolytes heard the words Trump didn’t say on Saturday. They know they have an ally in the White House, a man who will abet anyone who abets his own hold on power.

Don’t think that it’s only the liberal mainstream media that thinks Trump is favoring the white supremacists—the white supremacists noticed, and cheered, the fact that he did not attack them and their ideology!

Trump comments were good. He didn’t attack us. He just said the nation should come together. Nothing specific against us.

He said that we need to study why people are so angry, and implied that there was hate… on both sides!

So he implied the antifa are haters.

There was virtually no counter-signaling of us at all.

He said he loves us all.

Also refused to answer a question about White Nationalists supporting him.

No condemnation at all.

When asked to condemn, he just walked out of the room.

Really, really good.

God bless him.

He’s had another 24 hours to think about it, to articulate his beliefs, to try to make clear to people how he feels on the subject.  As of post time, he has not.  [UPDATE 8/14: Here‘s what he had to say today; it does not seem to me that his heart was in it.] [ANOTHER UPDATE 8/15: Never mind, he took it back.]

https://twitter.com/jk_rowling/status/896406206901833729

Josh Levin:

On a day that called for the president to take a stand, he instead made a perverse call for unity. “I love the people of our country,” Trump said at the end of his Bedminster Address. “I love all of the people of our country. We’re going to make America great again. But we’re going to make it great for all of the people of the United States of America.”

The neo-Nazis in Charlottesville heard that call, and so did the posters on the Daily Stormer. “On many sides,” Trump said. These are not anodyne words. They are dangerous ones. On Saturday, the president had the chance to tell the nation what it is he does and doesn’t believe in. That’s exactly what he did.

https://twitter.com/Mike_Eagle/status/896514685201035264

You could also check out this fine Twitter thread from yesterday, if you want to have a think about the gist of the protest from the white supremacists:

https://twitter.com/JuliusGoat/status/896326301832925184

Diagnosing Baby Donald

Pat Ryan Leave a comment

Franklin Roosevelt took office during the Great Depression eager to try out potential remedies for the economic crisis, so he set an arbitrary mark of the first 100 days in office as a goal for measuring progress.  Ever since, journalists looking for a ready-made story have used the excuse of a new president’s first 100 days to issue a report card on his or her progress in enacting campaign promises into law.  This week President Bannon and his team started off downplaying the significance of the silly benchmark, calling it “an artificial barrier” and a “ridiculous standard” that’s “not very meaningful.”  And then spent the rest of the week in “a flurry of action on health care, taxes and the border wall to show just how much he has done in the first 100 days—amplified by a White House program of first-100-days briefings, first-100-days receptions, a first-100-days website and a first-100-days rally.”

“As with so much else, [Donald] Trump is a study in inconsistency,” said Robert Dallek, the presidential historian. “One minute he says his 100 days have been the best of any president, and the next minute he decries the idea of measuring a president by the 100 days.”

What do others say?  While some think this president has done some good things, I haven’t found anyone outside of the White House who would completely agree with the administration’s estimate of its own effectiveness.

The president stated flatly to an audience in Kenosha that “No administration has accomplished more in the first 90 days;” PolitiFact responds: “Trump has had some achievements in office, but at the very least, they are much less numerous and far-reaching than those of Roosevelt, the standard against whom all presidents are measured. In more recent years, other presidents, including Obama, have accomplished more in their first 100 days than Trump has, historians say. We rate the claim False.”

Vox.com is willing to give the new president credit for his success—at making money for himself, his family, and his businesses while “serving” the American people.

“Trump isn’t failing. He and his family appear to be making money hand over fist. It’s a spectacle the likes of which we’ve never seen in the United States, and while it may end in disaster for the Trumps someday, for now it shows no real sign of failure,” reports Vox, reminding the reader that Trump is still able to personally access profits from his businesses and that his actions as president are actually leading to government expenditures that go straight into his own pocket; for example:

Like many previous presidents, he golfs. And like all presidents who golf, when he hits the green, he is accompanied by Secret Service agents. The agents use golf carts to get around the courses. And to get their hands on the golf carts, they need to rent them from the golf courses at which the president plays. All of this is fundamentally normal — except for the fact that Trump golfs at courses he owns. So when the Secret Service spends $35,000 on Mar-a-Lago golf cart rentals, it’s not just a normal security expense — Trump is personally profiting from his own protection.

Grading a president on how many of his policies have been enacted into law puts his 100-days rating at the mercy of the Congress which must pass those bills.  Although his ability to work with the legislative branch, rather than to try to dictate to it, is a valuable guide to a president’s effectiveness, maybe that isn’t the most straightforward way to tell if he’s doing a good job.

And let’s not indulge the argument here that all of the things Trump said that he wanted to do are bad things; William Saletan argues in Slate that the better way to judge is to consider if he’s done what he said he would do:

You can be sick of low wages and lost jobs, disgusted with the Clintons, angry about Obamacare, and wary of open borders without being a monster. My argument to you isn’t that Trump is bad because he addresses these concerns. My argument is that he addresses them badly. If you want better jobs, better health care, better border security, a stronger America, less corruption, and less debt, Trump is taking you in the wrong direction. And he’ll keep making things worse until you stop him.

Saletan finds that in Trump’s first 100 days  he has failed in his promises to fight for the working man, to repeal Obamacare and replace it with something better, to strengthen our borders, to reduce the national debt (he’s increased it!), to drain the swamp, or to honor the military.

What we’ve learned in Trump’s first 100 days, in short, is that he’s bad at the job. Maybe last fall you decided to give him a chance. Or maybe you felt you had to choose between two bad candidates, and you could only stop one of them. So you voted against Hillary, and you got this instead.

You don’t have to stand for it. Call your senators and your member of Congress. Demand better health care and a fairer tax system. Go to their town halls. Tell them to oppose Trump when he doesn’t do what’s right for the country. If they don’t listen to you, organize and vote them out next year. Trump’s first 100 days have been bad. We don’t need another four years like them.

(Even Trump is surprised at how he’s done so far: “This is more work than in my previous life. I thought it would be easier.”)

There’s little reason for us to believe things are going to get better, or normal-er, more like what we’ve been used to with every previous president, all on their own.  Not when you consider that the erratic, impulsive, self-promoting behavior we’ve all been witness to is at such a degree that a group of mental health professionals has felt the need to ignore a portion of the American Psychiatric Association’s code of ethics to issue a warning about the president’s mental health and to offer suggestions for how we all deal with the fallout.

Let us stipulate that it is not known for a fact that Trump has any kind of psychiatric diagnosis. Let us also stipulate that, to many observers, the most powerful man in the world displays many of the definitional traits of one disorder in particular: Narcissistic Personality Disorder, characterized by behavior that is impulsive, dramatic and erratic. According to the Mayo Clinic, people with NPD “come across as conceited, boastful or pretentious,” require “constant admiration” and belittle people they “perceive as inferior.” This grandiose, bullying shell hides profound insecurity, so “anything that may be perceived as criticism” can provoke “rage or contempt.”

Baby Donald is a child of privilege who’s always been able to buy whatever he wanted, whether a new toy or a new person in his orbit (or a new wife) or a way out of trouble.  He’s been surrounded by yes-men-and-women who rely on him for their livelihoods, so he has precious little experience of having to deal with a differing opinion.  When he opens his mouth his instinct is to educate the listener about his own extraordinary self, and to state as incontrovertible that which he wishes in that moment to be true, without regard for whether the statement is consistent with previous ones or with any known facts.

In reality, it’s not just Congress or world leaders or White House staffers who are in Trump’s orbit and at the whim of his personality traits. We all are. [New Jersey therapist and author] Wendy Behary says that when dealing with such a person, the best defense is to read deeply about psychopathology. Ultimately, she says, understanding the dynamics of personality disorders will help make what seems unpredictable predictable. The more people know, the less they will wonder, “How could he do that?” and come to understand, “How could he not?”