Author Archives: Sheila

The Diagnosis Seems Accurate–What About the Prescription?

Over the last year or so, the Guardian has assumed a place alongside the New York Times and the Washington Post as essential reading. In addition to excellent reporting, the publication carries thought-provoking columns--one of which prompts this post.

George Monbiot, the author, reminds us that what we are dealing with in the U.S. is part of a very troubling worldwide phenomenon.

You can blame Jeremy Corbyn for Boris Johnson, and Hillary Clinton for Donald Trump. You can blame the Indian challengers for Narendra Modi, the Brazilian opposition for Jair Bolsonaro, and left and centre parties in Australia, the Philippines, Hungary, Poland and Turkey for similar electoral disasters. Or you could recognise that what we are witnessing is a global phenomenon….

In these nations, people you wouldn’t trust to post a letter for you have been elected to the highest office. There, as widely predicted, they behave like a gang of vandals given the keys to an art gallery, “improving” the great works in their care with spray cans, box cutters and lump hammers. In the midst of global emergencies, they rip down environmental protections and climate agreements, and trash the regulations that constrain capital and defend the poor. They wage war on the institutions that are supposed to restrain their powers while, in some cases, committing extravagant and deliberate outrages against the rule of law. They use impunity as a political weapon, revelling in their ability to survive daily scandals, any one of which would destroy a normal politician.

It’s hard to argue with any of this. Monbiot says we are in an era of “new politics,” one built on “sophisticated cheating and provocative lies,” and that we need to understand just  what it is that we are facing, and devise new strategies to resist it. No argument there. He points to Finland as a country that has resisted this trend. (I would note that Finland is widely recognized as a leader in public education…and I would wager a substantial sum that there’s a connection…)

In Finland, on the day of our general election, Boris Johnson’s antithesis became prime minister: the 34-year-old Sanna Marin, who is strong, humble and collaborative. Finland’s politics, emerging from its peculiar history, cannot be replicated here. But there is one crucial lesson. In 2014, the country started a programme to counter fake news, teaching people how to recognise and confront it. The result is that Finns have been ranked, in a recent study of 35 nations, the people most resistant to post-truth politics.

Monbiot suggests that “progressive parties” hold  Google, Facebook and Twitter to account, and form a “global coalition promoting digital literacy, and pressuring social media platforms to stop promoting falsehoods.”

It’s hard to fault that prescription. His next one is more dubious.

 At the moment, the political model for almost all parties is to drive change from the top down. They write a manifesto, that they hope to turn into government policy, which may then be subject to a narrow and feeble consultation, which then leads to legislation, which then leads to change. I believe the best antidote to demagoguery is the opposite process: radical trust. To the greatest extent possible, parties and governments should trust communities to identify their own needs and make their own decisions.

Monbiot compares his approach to ecological “rewilding.”

Rewilding – allowing dynamic, spontaneous organisation to reassert itself – can result in a sudden flourishing, often in completely unexpected ways, with a great improvement in resilience.

The same applies to politics. Mainstream politics, controlled by party machines, has sought to reduce the phenomenal complexity of human society into a simple, linear model that can be controlled from the centre. The political and economic systems it creates are simultaneously highly unstable and lacking in dynamism; susceptible to collapse, as many northern towns can testify, while unable to regenerate themselves. They become vulnerable to the toxic, invasive forces of ethno-nationalism and supremacism.

He cites examples: participatory budgeting in Porto Alegre in Brazil, the Decide Madrid system in Spain, and the Better Reykjavik program in Iceland, where, he says, local people have “reoccupied the political space that had been captured by party machines and top-down government.”

The results have been extraordinary: a massive re-engagement in politics, particularly among marginalised groups, and dramatic improvements in local life. Participatory politics does not require the blessing of central government, just a confident and far-sighted local authority.

Monbiot is calling for “radical devolution.”

Unfortunately, “devolution” is a lot more complicated than he seems to realize.( I’d hate to be black, gay or Muslim in a “radically devolved” Alabama, Kentucky or even Indiana–states with a noticeable deficit of “confident and far-sighted local authority.”)

It depends upon what you are “devolving”–and who to.

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Beating That Dead Horse

I’m still mulling over that screenshot I referenced a few days ago–the one from the pro-Trump website showing the names and pictures of four people identified as Democratic Senators who were switching to the GOP in protest of the President’s Impeachment.

As you’ll recall, none of them were real Senators–or, probably, real people.

Whoever created that website clearly operated on the assumption that visitors would be  partisans so civically-ignorant that the phony names and stock photos wouldn’t trigger doubts or send them to a fact-checking site.

It was probably a well-founded assumption.

We occupy a fragmented media environment that increasingly caters to confirmation bias.  As I’ve frequently noted, Americans no longer listen to the same three network news shows and read the same daily newspapers; the ensuing intense competition for eyes, ears and clicks has spawned a treacherous information terrain.

A post at The World’s Most Dangerous Beauty Salon, Inc. is enough to curl your hair. (Sorry–couldn’t resist.) It even has graphs showing how Right-wing hoaxes and Trump’s tweeted lies proliferate.

Yesterday I talked about how Trumpists flocked to their latest article of faith that Trump isn’t really impeached because the House hasn’t transmitted the articles of impeachment to the Senate.  There is no basis in law or fact for that belief, but it’s there anyway, virally spreading throughout Trumpland.

Another profoundly stupid message that has evidently convinced those who want to believe: now that Trump is impeached, he’s automatically eligible to run 2 more times.

With rampant propaganda proliferated over social media facts or truth no longer matter.  Worse, Trump’s Twitter account amplifies these lies.  Every time he tweets one of his insults, childish taunts, threats, or lies,  it goes out to millions or users, retweeted thousands of times.  In the hands of an immoral politician like Trump, social media is weaponized for the dark side.  You can see it, but can also measure it.

The above-referenced graphs of Google trend lines show searches for these “facts.”

When I first practiced law, an older lawyer in my firm told me that there is really only one legal question, and that’s “what should we do?” That maxim applies more broadly; it absolutely applies to the absence of what has come to be called “news literacy.”

Every so often, one of my more naïve students asks why the government can’t just pass a law requiring media outlets to tell the truth. As I try to explain, truth and fact are often honestly contested—and of course, there’s the First Amendment. But we aren’t powerless just because government is prohibited from censoring us.

There’s no reason the private sector cannot develop tools to help citizens determine who they can reasonably rely on—and who they can’t. (The current criticism of Facebook for allowing campaigns to post dishonest political ads is based upon that company’s legal and technical ability to eliminate them.)

What if a nonpartisan, respected nonprofit—say the Society for Professional Journalists—developed an analog to the “Good Housekeeping Seal of Approval,” attesting to the legitimacy of a media source? The award of that seal wouldn’t indicate the truth or falsity of any particular article, but would confirm that the organization was one that adhered to the procedures required of ethical, reputable journalists.

It would take substantial funding, of course, to develop and maintain the capacity to monitor the practices and procedures of media outlets claiming to be “news.” And that “seal of approval” wouldn’t mean that any given report wasn’t flawed in some way—genuine reporters are human and make mistakes. But it would allow citizens who actually care about accuracy and evidence-based reporting to be reassured about the journalistic bona fides of sources they encounter.

Those bona fides are important, because in the new information world we all must navigate, each of us is our own “gatekeeper.” The days when editors and reporters decided what constituted verifiable news are long gone.

And that brings me back to the screen shot shared by my friend.

I know I’m beating a dead horse, but propaganda flourishes when only 26% of adults can name the three branches of government, fewer than half of 12th graders can define federalism and only 35% of teenagers know that “We the People” are the first three words of the Constitution. When politicians make claims that are blatantly inconsistent with America’s history and form of government, widespread civic ignorance virtually guarantees the uncritical acceptance of those claims by partisans who desperately want to believe them.

Adequate civic knowledge can’t guarantee that visitors to a website will know fake Senators when they see them–but it’s an essential first step.

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It’s The Structure, Stupid!

Folks in my age group will remember the banner that was famously hung in Bill Clinton’s campaign headquarters: “It’s the Economy, Stupid!”  I wish I could hire a sky-writer to outline a different message every day until it sinks in: “it’s the structure, stupid!”

What do I mean by that?

Anyone who reads this blog with any regularity knows that I am desperate for voters to rid us of the proudly ignorant, deeply corrupt lunatic currently in power. His moral and intellectual defects certainly matter. But he and his Keystone Kop administration are only there because of systemic dysfunctions–which is why the various pissing matches on the Left over candidate purity are so beside the point.

Until we fix the system, God herself can’t get Medicare-for-All or free college or a UBI or even immigration reform passed. (I personally give props to candidates like Mayor Pete who clearly recognize the need to focus on how to get from point A to point B, rather than simply identifying point B as a desired destination.)

Yes, we need to get rid of the morons and crooks running the White House and the Senate. We also– desperately– need to elect people who understand the need for systemic change and who will make that change their number one priority.

Connecticut’s Democratic Senator, Chris Murphy, made this point in a recent interview with The New Yorker. The interview, not surprisingly, revolved around Impeachment and the Democratic primary, but when Murphy was asked whether he agreed with Joe Biden’s expressed belief that bipartisanship would ultimately return–that Republicans and Democrats would once again be able to work together–his response was absolutely dead-on.

I think we can’t be dependent on the culture of this town changing based on personality changes. There are incentive structures that reward dysfunction. You have got to change those systems. You have to change the way that congressional districts are drawn. You have to publicly finance elections and get rid of dark money. You have to stop the habit of Democrats and Republicans meeting every single day, separate from each other, so that we can never talk across the aisle about big problems. There are rules that incentivize partisan bickering. Barack Obama ran on a promise to be able to change political realities in Washington through sheer force of personality, and it didn’t work. I just think we have to be focussed on changing the rules.

The rules Murphy is referencing have created the toxic culture we inhabit, and that culture won’t improve until those rules change.

It’s simple enough to prescribe what’s needed: massive turnout to eject the repulsive remains of what was once a respectable political party, replacing them with people who: 1) are committed to the restoration of democracy and the rule of. law; and 2) who understand the structural reforms that will be required in order to achieve that restoration.

“Vote Blue no matter who” is an essential first step, but it is only a first step. Then the hard work begins. We have to eliminate gerrymandering, the filibuster, and the disproportionate influence of money in our political system. We have fight vote suppression and pass the National Popular Vote Compact. We have to repair the enormous damage this administration has done to our federal government and our stature in the world. We have to move aggressively to combat climate change and protect the environment. We have to restore civic education and teach news literacy.

In other words, ridding ourselves of Mitch McConnell and Donald Trump is essential but not nearly sufficient.

We will have our work cut out for us–and we can’t do what absolutely needs to be done unless and until we change the systems that got us here.

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Happy Holidays!

Today is Christmas.

Sunday night was the first night of Chanukah, which will end on the 30th. Kwanzaa starts tomorrow and ends January 1st, and many other traditions are also marking important dates.(Historians tell us that many holidays occur during December and January, not because the dates of the events being celebrated are necessarily accurate, but because we need a break from the dark and cold.)

My holiday wish is pretty simple: A world in which people respect their neighbors–including those who differ from them– and wish them well. A world where we learn from each other, care for each other, and give each other the benefit of the doubt.

A world where that bumper sticker that uses symbols to spell out “coexist” is descriptive rather than aspirational.

I’m not pontificating today. I’m not even going to beat my head against the nearest wall. I hope you and your loved ones all have a wonderful holiday, and I hope those of you who are regular readers and commenters know how much I appreciate you.

I’ll be my grouchy self again tomorrow. Meanwhile, have a happy holiday!

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Confounding And Despicable–Kentucky Version

Evidently, Mitch McConnell isn’t the only disgusting person from Kentucky.

On December 13th, NPR posted the following report

Former Kentucky Gov. Matt Bevin departed the governor’s mansion three days ago, but the reverberations of some of his final actions are still being felt across the state.

Bevin, a Republican who narrowly lost a bid for a second term last month, issued pardons to hundreds of people, including convicted rapists, murderers and drug offenders.

In one case, Bevin pardoned a man convicted of homicide. That man’s family raised more than $20,000 at a political fundraiser to help Bevin pay off a debt owed from his 2015 gubernatorial campaign.

In all, the former governor signed off on 428 pardons and commutations since his loss to Democrat Andy Beshear, according to The Courier-Journal. The paper notes, “The beneficiaries include one offender convicted of raping a child, another who hired a hit man to kill his business partner and a third who killed his parents.”

Some of the pardons were uncontroversial, but others were simply inexplicable. For example, Bevin pardoned one Dayton Ross Jones and commuted his sentence to time served. Jones had pled guilty to the 2014 sexual assault of a 15-year-old boy; the assault had been captured on video and shared on social media. Jones was sentenced to 15 years in prison in 2016.

NPR quoted incoming Governor Andy Beshear about that particular pardon.

“A young man was attacked, was violated, it was filmed, it was sent out to different people at his school,” Beshear said. “It was one of the worst crimes that we have seen.

Bevin didn’t offer an explanation for that one.

A follow-up article from Vox focused on reactions to the pardons, and reported widespread disapproval, even among Republican supporters of the former Governor. Families that had been victimized by the people Bevin pardoned were understandably outraged.

On Twitter, Bevin pushed back against “suggestions that financial or political considerations played a part in the decision making process,” calling such allegations “both highly offensive and entirely false.” He also wrote he issued the pardons because “America is a nation that was established with an understanding and support for redemption and second chances.”

The pardon of Baker, the man convicted of homicide whose family had contributed thousands of dollars to Bevin’s campaign, generated special criticism, with Republican Commonwealth’s Attorney Jackie Steele calling into question why–if the pardon was based upon disagreement with the verdict– Bevin didn’t pardon Baker’s co-conspirators.

There were other mystifying pardons: a man named Hurt had been convicted of sexually abusing his 6-year-old stepdaughter in 2001, and several judges had subsequently refused to overturn his conviction despite his stepdaughter retracting her allegations. (The retraction came after a judge was accused of inappropriately meddling in the case.) Bevin simply ignored the considered decision of several judges who presumably had access to all of  the evidence.

He pardoned a child rapist because, he said, the hymen of the 9-year-old victim was still intact, despite medical consensus that most child victims do not show evidence of physical damage and that examination of the tissue is not a reliable test of sexual activity.

Bevin pardoned a friend of his sister, who had been convicted in a 2013 plot to hire a hit man to kill her ex-husband and his new wife.

Bevin pardoned Delmar Partin, who killed his former lover then chopped off her head and stuffed her body in a 55-gallon drum destined for a toxic waste site. He pardoned
Kathy Harless, who was sentenced to life in prison for throwing her baby in a cesspool after giving birth in a flea market outhouse. The list goes on.

It’s hard to know what to make of this burst of “compassion.” Bevin was an unusually unpopular governor who frequently seemed to go out of his way to be unpleasant. He reversed his predecessor’s decision to expand Medicaid, denying thousands of poor Kentuckians access to health insurance, and took other punitive actions that make it hard to attribute these pardons to a misplaced kindheartedness, or to credit his claimed belief in “redemption.”

He just seems intent upon outdoing his fellow Republicans in inflicting damage and creating chaos.

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