Category Archives: Random Blogging

Lies And Consequences

As the crazy coming out of the White House intensifies, a question lawyers are asking each other is: why aren’t the courts sanctioning the lawyers who are bringing these clearly frivolous election lawsuits?

Even judges that Trump appointed are ruling against him, and that’s certainly comforting. But most practicing lawyers would expect a reprimand or even disbarment for behaviors similar to those that have been displayed by Rudy Giuliani and crew.

At least the courts have uniformly dismissed the wild allegations of these lawsuits, and that consistency means that even if these sleazy lawyers escape retribution,  a couple of threatened lawsuits by election technology companies promise to hit their counterparts in the dishonest right-wing media where they will hurt–in their pocketbooks.

Rudy Giuliani has suggested that one company, Dominion Voting Systems, had a sinister connection to vote counts in “Michigan, Arizona and Georgia and other states.” Giuliani further tweeted that the company “was a front for SMARTMATIC, who was really doing the computing. Look up SMARTMATIC and tweet me what you think?”

Sidney Powell is out there saying that states like Texas, they turned away from Dominion machines, because really there’s only one reason why you buy a Dominion machine and you buy this Smartmatic software, so you can easily change votes,” the Newsmax host Chris Salcedo said in one typical mash-up on Nov. 18. Maria Bartiromo of Fox Business reported on Nov. 15 that “one source says that the key point to understand is that the Smartmatic system has a backdoor.”

These wild allegations finally tried the patience of the companies being smeared. As it happens, Smartmatic wasn’t even used by the contested states. The company is a major global player, but it pulled out of the United States in 2007, due to a controversy over its founders’ Venezuelan roots. Its only U.S. contract in November was a consulting arrangement with Los Angeles County.

Last week, Smartmatic’s lawyer sent demand letters to Fox News, Newsmax and OAN, demanding that they “immediately and forcefully” clear his company’s name. He also demanded that they retain documents for a planned defamation lawsuit.

According to legal experts, Smartmatic has an unusually strong case. And evidently, an equally strong lawyer, J. Erik Connolly. Connolly won the largest settlement in the history of American media defamation in 2017, when he represented a beef producer whose “lean finely textured beef” was described by ABC News as “pink slime.”

Now, Mr. Connolly’s target is a kind of red slime, the stream of preposterous lies coming from the White House and Republican officials around the country.

“We’ve gotten to this point where there’s so much falsity that is being spread on certain platforms, and you may need an occasion where you send a message, and that’s what punitive damages can do in a case like this,” Mr. Connolly said.

Dominion Voting Systems has also hired a high-profile libel lawyer, Tom Clare, who is also  threatening legal action against Ms. Powell and the Trump campaign.

Mr. Clare said in an emailed statement that “we are moving forward on the basis that she will not retract those false statements and that it will be necessary for Dominion to take aggressive legal action, both against Ms. Powell and the many others who have enabled and amplified her campaign of defamation by spreading damaging falsehoods about Dominion.”

Those “enablers” include Fox News, Newsmax and OAN. As the article points out,

Newsmax and OAN appear likely to face the same fate as so many of President Trump’s sycophants, who have watched him lie with impunity and imitated him — only to find that he’s the only one who can really get away with it. Mr. Trump benefits from presidential immunity, but also he has an experienced fabulist’s sense of where the legal red lines are, something his allies often lack.

“Fabulist” means liar.

OAN and Newsmax have hyped the Trump campaign’s ridiculous election claims. OAN has even refused to call Joe Biden the president-elect. Both are relatively small enterprises, and a successful lawsuit over their roles in Trump’s disinformation/conspiracy campaign could destroy them. Such lawsuits probably wouldn’t destroy Fox, but they could certainly inflict damage.

According to the report, Fox News and Fox Business have mentioned Dominion 792 times and Smartmatic 118 times between them. They’ve already begun to backtrack, airing a “corrective” segment on shows hosted by Lou Dobbs, Jeanine Pirro and Maria Bartiromo.

Probably too little, too late.

This damaging, unethical behavior is why we have defamation laws and punitive damages.

I wonder what would happen to the “usual suspects”–the sources of consistently dishonest rightwing propaganda– if everyone they lied about sued them. Maybe we need a nonprofit legal organization that would represent people and organizations who’ve been libeled but can’t afford to sue..

I’d donate to that!

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That WSJ Column…

There has been a very vigorous blowback triggered by a Wall Street Journal column by one Joseph Epstein, counseling Jill Biden (or, as he patronizingly referred to her, “kiddo”) to forego use of the title “Doctor.” (I am not linking to that column; if you want to read it in its sexist entirety, Google it.)

Now, there are legitimate issues about the use of titles. When I was married to a medical doctor, I was frequently embarrassed by his compulsion to insist on being called “Doctor” in venues where it was clearly unnecessary; I ultimately realized that it was a crutch–a way of reassuring himself of his superior status.

People in my generation did tend to reserve it for medical doctors, not those of us holding other types of doctorates.That convention has dissipated, however. My students either call me professor or doctor, and I answer to either. (Or sometimes, just to “hey”!)

No matter what your opinion about the social propriety of its use, the sneering, dismissive tone of the column made it abundantly clear–as many others have noted–that it wouldn’t have been written about a male with a doctorate. About Dr. Kissinger, for example.

I think the personality of Mr. Epstein–who holds a BA, and proudly reports that he doesn’t use “Doctor” despite the fact that he was once awarded an honorary doctorate–is pretty amply telegraphed by the self-satisfied tone of the column itself, but if we needed any confirmation, it came in a post from a FB friend of my sister:

I’ve briefly noted this on some friends’ threads, but it’s worth posting a full account: when I was a Northwestern undergraduate, I took a required class with Joseph Epstein. He constantly jingled the change and keys in his pockets, and told us not to bother complaining about it as all his students did. He didn’t care. He told us rather proudly that he never lay awake at night worrying about the future of the blue whale (?). He NEVER called on the women in class, and spent most class time talking about how amazing he is. I imagine he would use the verb ‘regale’, clearly thinking he would have been welcomed at the Algonquin Round Table. There was one brave woman who insisted on talking. He ignored her. He rang me in my apartment on a weekend, after we turned in our final essays, demanding to know who had written the essay for me. He asked me several questions about Joyce, about whom I’d written, and kept asking how I knew this or that. When I started to cry, he said I was getting hysterical and hung up. I asked a couple of professors who knew me and my work to intervene. He got back to me to say I seemed to have gotten my little boyfriends (??) to speak to him. I was younger than my years and terrified, ignorant of how to stand up for myself. I got the paper back, with a ‘C’, and a one-sentence comment: ‘This is an A paper, but you and I know why I can’t give you an A.

Apparently, he is also an “out and proud” homophobe.

When the offensive column triggered huge criticism, the Journal’s editor dismissed the blowback by insisting that it was part of “cancel culture” and a co-ordinated effort by Democratic Party strategists.

I beg to differ.

That highly critical response was the spontaneous voice of thousands of women (and men who aren’t threatened by them), telling entitled and clueless old White guys to shove it where the sun doesn’t shine.

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That New Old-Time Religion

The recent behavior of thousands of members of the GOP sent me to Google to read up on collective delusions. One academic has explained such delusions, and differentiated them from mass hysteria. (Hysteria evidently involves physical symptoms.) Collective delusions are defined as the spontaneous spread of false or exaggerated beliefs within a population at large, temporarily affecting a region, culture or country.

I found the term “temporarily” soothing…

What I certainly did not find soothing was an article by Andrew Sullivan, sent to me by a friend. I’ve always found Sullivan thoughtful, although I have philosophical disagreements with him. In this essay, he makes a very persuasive case for the marriage of Evangelical Christianity with Trumpism. I say “persuasive” because his theory offers an explanation for what is otherwise inexplicable: the belief that an election lost decisively in the Electoral College and by over seven million popular votes–an election overseen in many states by Republicans, an election in which down-ballot Republicans did well–was “rigged” against Trump.

In a post-election Marist poll, 60 percent of white evangelicals said they did not believe the 2020 election result was accurate, and 50 percent believed that Trump should not concede.

Sullivan has coined the term “Christianist” to describe the Evangelicals to whom he refers:

In a manner very hard to understand from the outside, American evangelical Christianity has both deepened its fusion of church and state in the last few years, and incorporated Donald Trump into its sacred schematic. Christianists now believe that Trump has been selected by God to save them from persecution and the republic from collapse. They are not in denial about Trump’s personal iniquities, but they see them as perfectly consistent with God’s use of terribly flawed human beings, throughout the Old Testament and the New, to bring about the Kingdom of Heaven.

This belief is now held with the same, unwavering fundamentalist certainty as a Biblical text. And white evangelical Christianists are the most critical constituency in Republican politics. If you ask yourself how on earth so many people have become convinced that the 2020 election was rigged, with no solid evidence, and are now prepared to tear the country apart to overturn an election result, you’ve got to take this into account. This faction, fused with Trump, is the heart and soul of the GOP. You have no future in Republican politics if you cross them. That’s why 19 Republican attorneys general, Ted Cruz, and now 106 Congressional Republicans have backed a bonkers lawsuit to try to get the Supreme Court to overturn the result.

Sullivan says that these beliefs don’t simply characterize a few “fringe nutcases.” He offers examples of what he calls “the fusion of Trumpism with religious fundamentalism,” and Evangelicals’ ahistorical insistence that the United States was founded as a Christian, rather than a secular, nation.

As most Americans, religious or not, recognize, the word “faith” means a belief for which there is no empirical evidence.  Believers who reject science are threatened not simply by this or that scientific conclusion, but by the scientific method itself– by its approach to reality and insistence upon falsification. (They shouldn’t be, of course–many things we all believe in cannot be falsified: beauty, love…but they seem unable to grasp that distinction.)

I suppose if one has been raised in a religious culture that puts primacy on faith in the unknown and unknowable, a culture that insists on the superiority of one’s religion and skin color (because make no mistake, this particular version of “Christianity” incorporates white supremacy, along with male dominance), being forced to confront a reality that challenges those beliefs is intolerable.

I’d love to dismiss members of the cult that was once a political party as inconsequential, but I’ve read enough history to know how much war, devastation and human misery fundamentalisms have caused. (The nation’s founders read that history too–which is why they separated church from state..)

I sure hope this eruption of a “collective delusion” proves temporary.

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It’s All About Status…

In 2017, Robert P. Jones, head of the Public Religion Research Institute, published The End of White Christian America. He presented copious evidence that demographic change was eroding the hegemony of the White Protestant males who had exercised social–and often, legal– dominance since the founding of the United States. He also provided evidence that awareness of their impending loss of status explained  most of their political hysteria.

Last week, New York Times columnist Thomas Edsall revisited the issue of status, or more accurately, fear of its loss.

More and more, politics determine which groups are favored and which are denigrated.

Roughly speaking, Trump and the Republican Party have fought to enhance the status of white Christians and white people without college degrees: the white working and middle class. Biden and the Democrats have fought to elevate the standing of previously marginalized groups: women, minorities, the L.G.B.T.Q. community and others.

The ferocity of this politicized status competition can be seen in the anger of white non-college voters over their disparagement by liberal elites, the attempt to flip traditional hierarchies and the emergence of identity politics on both sides of the chasm.

Researchers have begun studying what we have come to recognize as one of the most powerful motivations of human behavior. That research tells us that perceptions of diminished status is a source of rage on both the left and right. Add American divisions over economic insecurity, geography and values, and that rage only deepens.

Status is different from resources and power, although possession of those assets certainly contributes to it. It is based on cultural beliefs rather than material wealth or position.

Edsall quoted a Stanford professor who studies the subject.

Status has always been part of American politics, but right now a variety of social changes have threatened the status of working class and rural whites who used to feel they had a secure, middle status position in American society — not the glitzy top, but respectable, ‘Main Street’ core of America. The reduction of working-class wages and job security, growing demographic diversity, and increasing urbanization of the population have greatly undercut that sense and fueled political reaction.

People convinced that their status is low tend to gravitate to “anti-establishment” and radical candidates on both the Left and Right. Those fearing loss of status are different. One Harvard researcher explains that people  drawn to right-wing populist positions and politicians, such as Trump, usually “sit several rungs up the socioeconomic ladder in terms of their income or occupation.”

My conjecture is that it is people in this kind of social position who are most susceptible to what Barbara Ehrenreich called a “fear of falling” — namely, anxiety, in the face of an economic or cultural shock, that they might fall further down the social ladder,” a phenomenon often described as “last place aversion.

Apparently, the more socially marginalized people are, the more likely they are to feel alienated from the country’s political system — and the more likely they are to support  radical parties.

Radical politicians on the left evoke the virtues of working people, whereas those on the right emphasize themes of national greatness, which have special appeal for people who rely on claims to national membership for a social status they otherwise lack. The “take back control” and “make America great again” slogans of the Brexit and Trump campaigns were perfectly pitched for such purposes.

Other researchers emphasize that populism and fear of losing status are not the same thing. Populist movements stress group cohesion and equality; dominance, they point out, leads to self-promotion and support for steep hierarchies. That said, the research confirms that it is almost exclusively right-wing political actors who actively campaign on the status issue. 

The research confirms that it is fear of losing status, not actual status, that is the key political motivator.

I was particularly struck by this observation from a researcher at Duke:

Those who cannot adopt or compete in the dominant status order — closely associated with the acquisition of knowledge and the mastery of complex cultural performances — make opposition to this order a badge of pride and recognition. 

Dismissing journalists as “enemies of the people,” denying the reality of climate change, and refusing to wear masks and engage in social distancing are all part and parcel of this opposition to “elitists.” 

Edsall’s column has much more detail on the research. It explains a lot of America’s current polarization. Unfortunately, it doesn’t tell us what we can or should do about it.

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Trust

In 2009, I published a book with Prometheus Press. It was titled “Distrust, American Style: Diversity and the Crisis of Public Confidence,”  and in it, I explored–and disagreed with–the then popular political science theory that America’s growing levels of social distrust and corresponding loss of social capital were a reaction to the country’s growing diversity, and the increasing numbers of neighbors who didn’t look like “us.”

My contrary conclusion could be summed up by an old adage:  fish rot from the head. 

By 2009, the failures of our social institutions had become more and more obvious–we had just had the Enron and Worldcom scandals, the Catholic Church was dealing with publicity about priestly child molestation, there were scandals in major league sports…and much more. Furthermore, as I wrote in the book, thanks to the Internet and the 24-hour “news holes” on cable television, it was the rare American who wasn’t bombarded daily with news of corporate malfeasance, the sexual escapades of “pro family” legislators and pastors, and the identity of the latest sports figure to fail a drug test.

At the same time, the Bush Administration was engaging in what then seemed an unprecedented assault on competent governance (who knew it could get worse?), exemplified by, but not limited to, the war in Iraq and the administration’s disastrous response to Hurricane Katrina.

In the face of so much evidence that Americans couldn’t trust our country’s most important institutions to operate honestly and effectively, is it any wonder that people were becoming wary, skeptical and distrustful? 

To say that things haven’t improved since 2009 would be an enormous understatement.

This lack of trust matters. It has allowed Trump’s accusations about “fake news” to resonate, it has encouraged acceptance of conspiracy theories and dismissal of warnings about the pandemic. The incredible growth of internet propaganda and social media since 2009 has only added to the cacophony of sources, voices, points of view–and levels of distrust. Too many Americans no longer know who or what to believe. (For many of those Americans, the Supreme Court’s predictable dismissal of Texas’ ridiculous lawsuit yesterday probably came as a surprise.)

I recently read an article comparing contemporary features of what the author called our “post-truth society” to Dante’s Inferno. The article pointed out that, to Dante, anyone who corrupted or discredited the institutions that support society was doing something gravely wicked, and would surely be consigned to the lowest circle of hell, the 9th. (The 9th, as I recall, is for treachery, and it is where Satan lives…)

Granted, the image of Mitch McConnell and Donald Trump dealing with Satan in that lowest circle gives me a “warm and fuzzy,” but I really don’t think Americans should defer remediation based upon belief in a just afterlife. We need to work on repairing the here and now.

When citizens cannot rely on the integrity of government officials, when they no longer expect those officials to enforce the rules against corporate and business malfeasance, when they see McConnell’s Senate confirming judges chosen in the belief they will be willing to corrupt the impartiality of the bench and tilt the scales of justice in the GOP’s favor–who should they trust?

Americans’ ability to trust each other depends upon the ability of our governing and social institutions to keep faith with the American values set out in the Constitution and Bill of Rights. Those values include equal treatment and fair play, and especially fidelity to the rule of law–the insistence that no one is above the law and that the same rules should apply to everyone who is in the same circumstances (or as we lawyer types like to say, everyone who is “similarly situated.”)

Allowing the rich and connected to “buy” more favorable rules is a massive violation of those values, yet that is what millions of Americans see happening every day. 

When governments and important social institutions all seem corrupt, trust evaporates, taking  social and political stability with it.  If the Biden Administration restores visible competence and  integrity to government, it will be the beginning of a long and urgently needed process of Institutional repair.

And hopefully, a restoration of trust.

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