Monthly Archives: November 2020

The GOP Retreat From Empiricism

I am hardly the only person to observe that Trump’s election was a predictable consequence of the fact that, over a number of years, the GOP has morphed into something bearing very little resemblance to a rational, center-right political party.

Political pundits differ on when the changes began. Certainly, Nixon’s “Southern strategy” laid the groundwork for the GOP’s growing appeal to racial grievance. Stuart Stevens’ recent book It Was All A Lie detailed five decades of “hypocrisy and self-delusion” dating all the way back to the civil rights legislation of the early 1960s.

A recent article from Pressthink, a project of the Arthur L. Carter Journalism Institute at NYU, reminded readers of the 2004 Ron Suskind article about the George W. Bush White House–the article that gave us the now-ubiquitous quote about the “reality-based community.” Suskind was writing about concerns voiced by so-called  “establishment” Republicans who were increasingly encountering what Suskind called  “a confusing development” within the Bush White House. Suddenly, asking for corroborating evidence, expressing doubts, or raising facts that didn’t fit an official narrative were considered disqualifying or disloyal acts for allies of the President.

Knowing what you know now, about candidate Trump, listen to these quotes from 2004…

* “He dispenses with people who confront him with inconvenient facts.” —Bruce Bartlett, former Reagan and Bush-the-elder adviser.

* “In meetings, I’d ask if there were any facts to support our case. And for that, I was accused of disloyalty!” —Christie Whitman, head of the EPA under Bush.

* “If you operate in a certain way — by saying this is how I want to justify what I’ve already decided to do, and I don’t care how you pull it off — you guarantee that you’ll get faulty, one-sided information.” —Paul O’Neill, Treasure Secretary under Bush.

* “Open dialogue, based on facts, is not seen as something of inherent value. It may, in fact, create doubt, which undercuts faith. It could result in a loss of confidence in the decision-maker and, just as important, by the decision-maker.” —Suskind’s words.

* “A cluster of particularly vivid qualities was shaping George W. Bush’s White House through the summer of 2001: a disdain for contemplation or deliberation, an embrace of decisiveness, a retreat from empiricism, a sometimes bullying impatience with doubters and even friendly questioners.” —Suskind.

* “You’re outnumbered 2 to 1 by folks in the big, wide middle of America, busy working people who don’t read The New York Times or Washington Post or The L.A. Times. And you know what they like? They like the way [Bush] walks and the way he points, the way he exudes confidence. They have faith in him. And when you attack him for his malaprops, his jumbled syntax, it’s good for us. Because you know what those folks don’t like? They don’t like you!” — Mark McKinnon, media adviser to Bush, explaining the political logic to Suskind.

That last quote, by Mark McKinnon, goes a long way toward explaining the root emotions of today’s Trump supporters, whose overriding need is apparently to “own the libs”–no matter what the cost to the country or their own prospects.

Suskind’s article was about the growing tensions within the Republican coalition. When he talked to Bruce Bartlett, Christie Whitman, Paul O’Neill and other loyal Republicans, they conveyed alarm over what he termed “the retreat from empiricism.”

It wasn’t only Republicans who were retreating from empiricism and reality–liberals had their anti-vaxxers  and people hysterically opposed to genetically modified foods–but they lacked the influence on their party that climate change deniers and birthers had in the GOP, and that asymmetry posed a “false equivalence” problem for journalists trying to be (excuse the phrase) fair and balanced.

Worse, fact-checking Trump had little effect, because he wasn’t trying to make reference to reality in what he said. He was trying to substitute “his” reality for the one depicted in news reports.

The goal of totalitarian propaganda is to sketch out a consistent system that is simple to grasp, one that both constructs and simultaneously provides an explanation for grievances against various out-groups. It is openly intended to distort reality, partly as an expression of the leader’s power. Its open distortion of reality is both its greatest strength and greatest weakness.

On November 3d, creating an alternate reality worked for 70 million Americans.

Houston, we have a problem.

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When You Put It That Way…

As we watch the dust settle from the November election, many of us are torn: we are immensely relieved that Trump was emphatically defeated, but disappointed that the polling was so wrong, that the Democrats failed to take the Senate and win the many statehouse races around the country that looked within the party’s grasp.

Dana Milbank addressed that disappointment in a recent column for the Washington Post.

Milbank reminded his readers just how significant the election results were, and noted that the recriminations and dismay fail to do justice to “the historic victory that Democrats, independent voters and a brave few Republicans just pulled off.”

They denied a president a second term for the first time in 28 years — putting Trump in the company of Jimmy Carter and Herbert Hoover. President-elect Biden — just writing that brings relief — received more votes than any other presidential candidate in history, in an election with historically high voter turnout. A president who loves to apply superlatives can now claim a RECORD, HUGE and BIGGEST EVER defeat….

Ousting a demagogue with the loudest megaphone in the land is not an easy undertaking. Trump’s opponents had to overcome an unprecedented stream of disinformation and falsehoods from the president, even as his party normalized the assaults on truth, on facts, on science, on expertise. Trump’s opponents were up against a strongman who used the Justice Department, diplomats and the intelligence community to harass political opponents, who used federal police to suppress public demonstrations, who engaged in a massive campaign of voter intimidation and suppression, and who used government powers for political advantage: enlisting government employees to campaign for him, sabotaging postal operations, putting his name on taxpayer-funded checks, using the White House for a party convention. And Trump’s opponents had to contend with a Fox News cheering section and social-media landscape that insulated millions from reality.

It would be great if We the People could now just breathe sighs of relief and go back to our apathetic ways–back to the time before Trump where majorities of citizens essentially ignored politics and government–leaving policy to the political class. A sweeping victory that included the Senate would undoubtedly be seen as a signal that “our long national nightmare is over” and we can return to our previous preoccupations.

That would be a mistake. Perhaps a fatal one.

The Trump administration has been a symptom. A frightening one, for sure, but a warning that when large numbers of citizens take a protracted absence from participation in the democratic process, bad things happen. People like Mitch McConnell gain power. The rich and well-connected bend the laws in their favor. Politicians who place the exercise of power above the common good are entrenched. The planet suffers.

In past posts, I have enumerated many–certainly not all– of America’s structural issues and the way those issues have facilitated our transformation into a kakistocracy. We the People have our work cut out for us, and just as the obvious dangers of the Trump administration served as a wake-up call for millions of Americans who had been ignoring our downward spiral, the fact that seventy million Americans voted not just for a frighteningly mentally-ill ignoramus, but for the party that enabled him, must serve as a warning.

Americans who live in the reality-based community cannot afford to lapse back into complacency and the never-well-founded belief that “it can’t happen here.”

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Two Problems, Inter-related

Conversations with friends keep returning to a question I’ve been unable to answer: who are the Trump voters? Who are the Americans who lived through the last four years and marched to the polls wanting more of the same?

The answer is emerging. Votes for Trump are almost all attributable to two things: racial resentment and the rightwing media ecosystem.

Right now–thanks to years of Rush Limbaugh, Fox News, Breitbart and literally thousands of internet sites–it is perfectly possible to reside in an alternate reality, to live in a world that confirms your every preferred bias. When that world is at odds with the reality the rest of us inhabit, it absolutely precludes rational discussion and debate.

As I often tell my students, if I say this piece of furniture is a table and you say, why no, it’s a chair–we are not going to agree on how to use it.

As Jennifer Rubin recently wrote at The Washington Post,

The greatest challenge to our democracy is not that we hold deeply polarized beliefs, but that one party refuses to operate in a fact-based world that might challenge its beliefs. Whether it is Sen. Ted Cruz (R-Tex.) propounding Russian propaganda, or the Wall Street Journal editorial page fanning Hunter Biden laptop conspiracy theories, or right-wing websites circulating falsehoods about crime and immigrants, we are awash with conservatives seeking to exploit the fears, ignorance and prejudices of many Americans

Rubin attributes the right-wing hysteria over “socialism” to that media bubble–she suggests rightwing media is “marooned in a weird time warp in which the ‘other side’ is some Cold War-era Marxist caricature.” Until very recently, I would have agreed with her analysis–I’ve frequently engaged in efforts to point out that the things that usually get labeled “socialism” are simply elements of the (necessarily) mixed economies of all modern nations, the public goods that markets cannot provide.

What I have finally understood–it takes me a long time, I’m dense–is that when the typical Trump voter hears “socialism,” that voter doesn’t think of an economic system. (Most couldn’t define the term accurately if they were asked.) What today’s Republican hears when an opposing candidate is labeled a “socialist” is: “this candidate wants the government to take your hard-earned tax dollars and use them for the benefit of ‘those people.'” (And we all know who “those people” are.)

Fear of “socialism” is where rightwing media and racism intersect.

Recently, a friend sent me an essay that laid it all out. Its central thesis is that more than half a century of white hostility to any kind of social progress has taken the country to a place that is dangerously close to social collapse,  culminating in Trumpism.

The author, Umair Haque, writes that “white Americans, as a group, have never, as a group, voted for a Democratic President. Never in modern history…. This trend goes back to JFK and perhaps before.”

Furthermore, Haque says that “Liberal, sane, thoughtful White Americans often overestimate how many of them there are,” and he backs that observation up with data showing that a majority of White Americans have approved of segregation, endless wars, inequality– and have made guns and religion primary social values. Majorities of White Americans have voted against most of what we think of as public goods–and against desegregation, civil rights laws, access to healthcare, retirement programs, and childcare.

The article is filled with depressing data. You really need to click through and read it in its entirety. (If you are White, you might want to pour a stiff drink first.)

I vaguely remember an old song titled “Two Different Worlds.” It ended, as I recall, with a promise that the “two different worlds” that the lovers inhabited would someday be one. Our task is a lot harder than the one in that sappy love song–we must somehow get a handle on the disinformation and propaganda and conspiracy theories–the media ecosystem that blocks out inconvenient realities and sustains White Supremacy. Then we have to have a White version of “the talk.”

Until we all see the same furniture, we aren’t going to agree on how to use it.

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Trump’s Frivolous Litigation

Not long after we were married, my husband–who was active in the state chapter of the American Institute of Architects– took me to an AIA-sponsored cocktail party. A somewhat inebriated attendee who had heard that I was a lawyer cornered me and wanted to know why the profession couldn’t keep lawyers from filing so many frivolous lawsuits. 

It turned out that he defined a frivolous suit as one that the plaintiff lost. (I hasten to report that most architects I know are considerably brighter than that particular specimen.)

I thought about that long-ago conversation as I listened to media reports about Trump lawyers filing multiple challenges to the election results. Thus far, those challenges have been overwhelmingly unsuccessful, and in this particular case, those losses–and the reason for them– are evidence of their frivolity. 

Wikipedia addresses the confusion between a claim that is ultimately unsuccessful and one that is frivolous.

Frivolous litigation is the use of legal processes with apparent disregard for the merit of one’s own arguments. It includes presenting an argument with reason to know that it would certainly fail, or acting without a basic level of diligence in researching the relevant law and facts. The fact that a claim is lost does not imply that it was frivolous.

The entry goes on to explain that a frivolous claim may be one that is based on an “absurd” legal theory, or it may involve repeated, duplicative motions or lawsuits–basically, it’s a lawsuit that lacks a genuine, underlying justification in fact, or because existing laws or legal judgments unequivocally prohibit the claim.

The federal courts, and most states, do provide remedies when a lawsuit has been deemed to be frivolous. Most allow the judge to award court costs and attorneys’ fees to the targeted person or company. In several states, lawyers who bring civil actions without probable cause will be liable to the prevailing party for double or even triple damages if the court determines that the action was brought “with malice to vex and trouble.”

The prevailing party may also file a grievance against the attorney who filed the suit for violating the Rules of Professional Conduct, which clearly prohibit an ethical lawyer from engaging in such behavior.

Thus far, to the best of my knowledge, only one lawsuit filed by the Trump campaign achieved anything. That was a Pennsylvania case that succeeded in moving the Republican observers of the count–who were already in the room–six feet closer to the people who were actually doing the counting. Every other suit has been summarily dismissed for lack of any evidence of fraud or wrongdoing.

In an earlier post, I quoted Justin Levitt’s observation that–in the absence of facts sufficient to show a legal violation– these lawsuits were simply “tweets with filing fees.”  They aren’t intended to change an election result; they are intended to support the narrative  being conveyed to Trump’s credulous and angry base.

Every lawyer with whom I’ve discussed this PR tactic–including longtime Republicans–has dismissed the flurry of lawsuits as a delaying gimmick, a way to forestall an admission that  Trump lost. 

The Trump Campaign has nevertheless begun fundraising to cover its legal costs (although apparently, the “fine print” notes that monies raised will mostly go to pay off campaign debt). If I were a Biden lawyer defending against one of these petulant exercises masquerading as a lawsuits, I’d ask for whatever damages for frivolous lawsuits are available in that state–and I’d file a grievance with the state’s Disciplinary Commission. 

Evidently, the Lincoln Project intends to publicize the appalling lack of legal ethics being displayed by the lawyers willing to subvert the rule of law for monetary and partisan ends.There are also reports that a few principled lawyers have resigned from the firms that have agreed to handle these cases.

When this bratty tantrum concludes, its inexcusable assault on legal principle will be added to the very long list of norms attacked and weakened by this pathetic excuse for a human and his enablers. 

No one who has lived through the last four years could reasonably expect anything better from Trump–but the lawyers who are facilitating this travesty know better. They should be held to account.

And Bill Barr should be disbarred.

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Covid Covid Covid…

Hopes are high that we will see a  COVID-19 vaccine soon. But it will be a long time before America recovers from the Trump administration’s monumental mismanagement of the pandemic, and its efforts to evade responsibility for that mismanagement.

Those efforts included Trump’s attacks on the news media leading up to the election and his bizarre (and patently unconstitutional) insistence that there should be a law to keep the media from focusing on the COVID pandemic.

It is certainly true that stories about the pandemic have occupied significant space in the national conversation, but despite general condemnation of the administration’s lack of leadership, I’ve seen few detailed explanations of the mechanics of that mismanagement.

It can be hard to help the public understand how obscure bureaucratic decisions have undermined the national response. One of the many such moves was described by Heather Cox Richardson in one of her Letters from an American:

The administration’s changes to the reporting system for coronavirus have hampered our ability to combat it. In July, the administration shifted the way hospital data is collected, taking the project away from the Centers for Disease Control and Prevention and giving it to a private contractor. CDC experts no longer check and analyze the data. Information on hospitalizations is no longer publicly available, so states cannot see what is happening elsewhere. This hides the picture of what is happening nationally, making it impossible for public health officials to plan for spikes.

Multiply this sort of thing by dozens if not hundreds of difficult-to-detect decisions, and then add the utter lack of visible national leadership, the administration’s repeated assertions that a national–nay, international–pandemic was somehow a state-level problem that they couldn’t be bothered addressing, and you have…Covid, Covid, Covid, and thousands of unnecessary deaths.

Many of those deaths could have been avoided, had Trump just not turned mask-wearing into a political litmus test.

And of course, there were the dangerous quack “cures” Trump promoted. Bleach. Hydroxychloroquine.

The White House decision to set aside the mandatory safety controls put in place by the Food and Drug Administration fueled one of the most disputed initiatives in the administration’s response to the pandemic: the distribution of millions of ineffective, potentially dangerous pills from a federally controlled cache of drugs called the Strategic National Stockpile.

The House of Representatives recently issued a blistering report on the administrative failures involved, labeling them “among the worst failures of leadership in American history” and an “American fiasco.”

The report, by the House select subcommittee on the coronavirus crisis, says the administration has consistently misled the country about the severity of the pandemic and that its lack of a national plan has hampered the ability to track, test for, treat and contain the virus. Efforts to provide economic support to Americans have been stymied by a lack of safeguards and policies that favored corporations over small business owners and failed to ensure that workers kept their jobs, the report says.

“President Trump’s decision to mislead the public about the severity of the crisis, his failure to listen to scientists about how to keep Americans healthy, and his refusal to implement a coordinated national plan to stop the coronavirus have all contributed to devastating results: more than 227,000 Americans dead, more than 8.8 million Americans infected, and a dangerous virus that continues to spread out of control nine months after it reached our nation’s shores,” the report’s introduction reads.

If we have learned anything over the past four horrible years, it is that national leadership matters. Expertise matters. Experience in and understanding of the government you are elected to administer matters. And needless to say, character, honesty, mental health and intellectual capacity matter.

That said, on November 4th, we learned that to a shocking number of Americans, none of those things matter as much as their animus to minorities and their desire to “own the libs.”

And as for their fury over the duty to don a mask to protect others–well, I couldn’t say it better than this… 

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