Category Archives: Random Blogging

Is It Time To Be Good Germans?

Wow…just wow.

A recent essay from the Bulwark really shook me. It reminded me of a long-ago discussion with my mother. We’d been watching a TV mini-series on the Holocaust, and my mother said something to the effect that she would never have been one of the compliant Germans who put their heads down and went along with the brutal Nazi assaults. As I told her then, I wish I could be certain that I would stand up under such circumstances–but it’s not easy to predict what you’d do if your livelihood or liberty or children were at risk.

How many of us really would chance public resistance in such a threatening environment?

The Bulwark essay raised that question, albeit somewhat obliquely. The author, Jonathan Last, began by sharing a message he’d received from a friend.

Are you absolutely sure that as Christians this isn’t the time to hide Anne Frank? Shouldn’t I be willing to help migrants avoid deportation/detention at whatever legal perils await me? If not now then when . . . when it gets twice as bad or three times as bad or ten times as bad?

Sorry if this sounds weird, but everyone likes to think that given the opportunity they would be Mississippi freedom riders or on the bridge at Selma. Well what if it’s that time for me?

Last writes that his first reaction was denial–that bad as things are, the U.S. is not near an “Anne Frank” moment. But then, he began to think about it–and while his certainty didn’t evaporate, it certainly moderated.

Let’s say you’re an immigrant with questionable legal status. You’re married and your spouse is the same. You have lived in America for many years, paying taxes and whatnot, and own a house. You have two kids and they are American citizens—for now.

You and your spouse show up for a routine court date and are snatched by a group of men in masks who claim (without showing identification) that they are agents of the state. You are put in jail. And let’s assume that you are deported. Perhaps to El Salvador.

What happens to your children in the hours after you are arrested? Who picks them up from school? Who feeds them? Where do they sleep?

What happens to your assets?

If you own a home, what happens to it? Is it sold? By whom? Through what process? Where do the proceeds of the sale go?

What about your bank accounts? Do you have access to your savings?

How about your property? Your car, the furniture in your house, your clothes, your computer. What happens to all of that?

Last says he would be surprised if theoretical legal procedures–assuming they exist– are being applied to property rights, since these immigrants aren’t even being given their more basic due process rights.

Worse, even if you are a MAGA bigot who considers everyone who came here illegally a hardened criminal by definition, Last reminds readers that this administration has actually created “illegal immigrants” by arbitrarily changing the status of people who previously had legal status. It has revoked student visas (without bothering to inform the visa holders), and terminated Temporary Protected Status for refugees from Venezuela and Afghanistan.

It was Trump who made their presence “illegal.”

So when we ask these questions about the people that masked ICE thugs are rounding up– taking them off the streets and out of scheduled immigration meetings– when we ask what happens to their property, money and other belongings, we don’t get satisfactory answers. We don’t get answers at all. As Last says, we’re may not be at Anne Frank territory, but “we’re awfully close to the period in which German Jews were having their businesses seized.”

We have masked, unidentified agents of the state snatching people off of the streets. We have the government attempting to skirt due process. We have people being deprived of their property. We have an attempt to revoke birthright citizenship.

Maybe we’re not in Anne Frank territory. But also: Maybe the hour is later than we think.

Maybe it’s time to decide not to be compliant Germans….

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The South Did Rise Again

Let’s “get real,” as the kids might say. MAGA is the embodiment and resurgence of the Confederacy–a less geographically-bound version of the South that is determined to rise again. And this time, the war isn’t limited to Black folks–it includes all “others”–gays, women, Muslims, Jews…

The evidence is overwhelming.

The New York Times noted that Trump had made no statement about Juneteenth, the federal holiday that commemorates the end of slavery in the United States, despite the fact that lesser occasions routinely garner official proclamations.

On the day the Supreme Court ruled against gender-affirming care for transgender youth, the Trump administration ended specialized support for LGBTQ callers to the national suicide prevention hotline.

The Atlantic recently opined that

Five years ago, as the streets ran hot and the body of George Floyd lay cold, optimistic commentators believed that America was on the verge of a breakthrough in its eternal deliberation over the humanity of Black people. For a brief moment, perhaps, it seemed as if the “whirlwinds of revolt,” as Martin Luther King Jr. once prophesied, had finally shaken the foundations of the nation. In 2021, in the midst of this “racial reckoning,” as it was often called, Congress passed legislation turning Juneteenth into “Juneteenth National Independence Day,” a federal holiday. Now we face the sober reality that our country might be further away from that promised land than it has been in decades.

The administration’s frantic effort to defeat “woke-ism” and DEI–which it characterizes as bias against White Christian men–gives the game away. They aren’t trying to level the playing field–they are trying to return White men to social dominance. Consider just some of what this administration has done.

Trump’s Executive Order 14151 (“Ending Radical And Wasteful Government DEI Programs”) terminated DEI units, removed references to minority achievements, and purged employees involved in diversity efforts. Another Executive Order
Issued on the same day revoked LBJ’s historic affirmative action order, and stripped federal agencies of the authority to enforce non-discrimination in federal contracting.

Agencies like NASA, DOE, HHS, NIH, DOD, CIA, FBI, NSF, and DOE have all removed so-called “DEI content” from webpages and other materials. We’ve seen ships carrying the names of LGBTQ figures and women renamed. (That renaming is in line with Trump’s announced intention to restore the names of Confederate traitors to the army bases that shed them.)

The current EEOC Chair has followed Trump’s directives and “deprioritized” discrimination cases related to gender identity and pushed agencies to investigate and pressure law firms and corporations with DEI programs. The Department of Justice has been directed to probe corporate DEI policies criminally and has withdrawn previous civil rights settlements tied to equity.

The Pentagon has removed content honoring Blacks, Indigenous individuals, women, and LGBTQ+ service members. Examples include the Navajo Code Talkers, Jackie Robinson, and Harvey Milk. And it isn’t only Juneteenth; agencies have also canceled or muted celebrations of other identity-based holidays like Pride Month and Black History Month.

Trump canceled more than 2,100 NIH grants totaling an estimated ten billion dollars that the administration deemed tied to diversity and inclusion. (A judge has ruled those cuts illegal and discriminatory.) 

There’s more, but the pattern is unmistakable. Scholars attest that the removal of content celebrating minority achievements and history mimics the classic white supremacist tactic of erasing the narratives of marginalized groups. The historical parallels are striking: analysts and historians have drawn comparisons between Trump’s policies and Reconstruction-era actions by white supremacists, not to mention 1930s-era, fascist efforts to control historical narratives and redefine “meritocracy.” 

We are once again in a contest between tribalism and universalism, between racism and humanism. Tribalism, however, is the essence of anti-Americanism. Ours is not a “blood and soil” country, like Nazi Germany, with its ideal of a racially defined national body. 

MAGA, with its version of White Christian male supremacy, is today’s Confederacy. It wants to restrict who can be considered authentically American, and applauds Trump’s efforts to reclassify those despised “others” as–at best–guests of those entitled to the title. It is an effort that demeans what is truly “exceptional” about the United States–the philosophical base on which the country rests.

The nation established by the Founders–admittedly all White guys (albeit not all traditional Christians)–was something new to our quarrelsome globe: it was an IDEA. And over time, most of us who occupy this land have come to realize that the proper definition of an American is anyone–of any gender, color or belief– who accepts and endorses that Idea. 

The New Confederacy will go the way of the old one. We the People–all people– just need to step up the Resistance…

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Why Government By Idiots Is A Bad Idea

Well, our Mad would-be King has bombed Iran and–by any definition–taken us to war. Another unconstitutional and profoundly dangerous act.

Charlie Sykes recently considered what was then an Israeli-Iran conflict, and enumerated “things that can all be true at the same time.”

Here’s his list, with my commentary in italics:

  • America ought to stand with Israel, while recognizing that Benjamin Netanyahu (1) does not always deserve the benefit of the doubt, and (2) is an unreliable narrator. In this, Sykes echoes the opinion of a majority of American Jews. We support the right of Israel to exist, but we detest Netanyahu, who is a smarter version of Trump (granted, a low bar) and whose corrupt governance has done incalculable damage to Israel’s international support.
  • The world would be a vastly better and safer place if Iran does not have a nuclear weapon. Ditto for dismantling the terrorist regime. This week, the G7 nations reiterated that, “Iran is the principal source of regional instability and terror,” and “We have been consistently clear that Iran can never have a nuclear weapon.” Hard to argue with this.
  • Achieving these goals through war will not be easy or achieved without great cost.
    War with Iran could unleash chaos throughout the region. And what comes afterward could be worse.
    The most dangerous scenarios involve miscalculations, misjudgments, and misinterpretations. (See World War I.) The truth of this is what keeps rational people up at night, and what should have concerned the ignoramus in the Oval Office. Understanding the risks involved in any decisions made by those in a position to make those decisions should have been a critical element of America’s response to this very significant threat to world peace.
  •  Moments like these requires the highest degree of skill and prudence — the most sober, strategic, and sagacious diplomatic and military minds we can muster. Instead, we have a reality tv host and a dipsomaniacal chode in charge of the world’s greatest military on the brink of war. Ok, I had to look up “chode,” which evidently refers either to a male organ or a stupid or contemptible man. Either way, seems appropriate. At a time when the country needs thoughtful, informed and adult leadership, power is being exercised by a group of immature, self-important ignoramuses who haven’t a clue and who display no willingness to heed the advice of people who do.
  • Instead of assembling a “coalition of the willing,” Trump and Israel were intent on going it alone, isolated and without the active support of allies. See “chode.”
  • As has become its wont, Congress remains a potted plant throughout this whole crisis. This is perhaps the most frustrating aspect of all of the threats we face today. The Republicans who hold a majority in the House and Senate repeatedly block efforts to assert the constitutional duties of those bodies. In the House, they evidently feel protected by gerrymandering and fear only challenges from the Right; the Senate is home to morons like Indiana’s Christian Nationalist Jim Banks and cowards like Todd Young. The fault ultimately lies with We the People, who have elected these pathetic excuses for public servants.

Bottom line, as Sykes notes, is that there are no adults in the situation room.

Because nothing ever really disappears from the Internet, social media sites have been flooded with former tweets by our embarrassing excuse for a President, a child-man who evidently thinks that posting grammatically-incorrect vulgarities and threats in ALL CAPS, like a five-year-old, is leadership. In 2013, he posted “Be prepared. There is a chance that our horrendous leadership could unknowingly lead us into WWIII.” (This post, at least, was grammatical…and potentially, frighteningly accurate.) Pundits have also reminded readers of Trump’s statement–made when he was still a reality television personality– that “Obama will attack Iran because of his inability to negotiate properly—not skilled!”

“Not skilled” is an apt–albeit massively understated–description of the unserious, unqualified cranks and clowns that We the People have installed in positions of authority.

Those totally unqualified clowns and cranks may just have triggered WWIII. Even if the consequences aren’t that horrific, they are likely to be incredibly damaging, both to the stability of the  world at large and–thanks to the mentally-ill buffoon in the White House– to America’s rapidly-diminishing role in that world.

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The Power Of Image

In the wake of No Kings Day, we’ve seen a number of columns and news reports estimating turnout (current count: five million nationally) and comparing the enthusiasm of the protests with Trump’s lackluster and sparsely-attended parade in Washington. Many of those articles were interesting and even illuminating; one of the best–as usual–came from Paul Krugman, who took time off from his usual economic analyses to reflect upon the impact of such mass peaceful protests.

Krugman began with an important–and mostly ignored–observation: America is currently experiencing what scholars call “competitive authoritarianism.” Competitive authoritarian regimes are those in which formal democratic institutions are retained–elections continue to be held, for example, and other “democratic rules” are given lip service–but Incumbents violate the rules so often and to such an extent that the regime fails to meet the minimum standards for democracy.

Krugman says we’re not there yet, but that we are “teetering on the edge.” He also claims that “one of the most important ways we can step back from that edge is for ordinary Americans to engage in mass protests.”

Why should that matter? Why does the contrast between the poor turnout for Trump’s underwhelming exercise (what Krugman labeled as a “box office bust”) and the  enormous, enthusiastic participation in the No Kings protests matter?

It matters, as he explains, “because competitive authoritarianism rests largely on self-fulfilling expectations.”

While there is a cadre of Trumpist true believers who will obey the Leader under any circumstances, most of those doing the dirty work of undermining democracy and the rule of law are cowards and opportunists. They’re willing to participate in the destruction of America as we know it because they believe that many others will do the same. As a result, they believe that they are unlikely to face any personal consequences for their actions and may even be rewarded for their lawbreaking.

And what of those who oppose Trumpism? While there are heroes willing to take a stand against tyranny whatever the personal cost, most anti-Trumpists are reluctant to stick their necks out unless they believe that they are part of a widespread resistance that will grant them some measure of safety in numbers.

In other words, the victory or defeat of competitive authoritarianism will depend to a large extent on which side ordinary people believe will win. If Trump looks unstoppable, resistance will wither away and democracy will be lost. On the other hand, if he appears weak and stymied, resistance will grow and — just maybe — American democracy will survive.

Those of us who have been politically active will recognize the parallel to election campaigns, where momentum or an aura of inevitability sways less-informed voters to the probable winner’s side. (This is a truism that annoys the hell out of those of us who would love to believe that citizens vote after careful consideration of the policy positions of the contending candidates; unfortunately, in the real world, the desire to back a probable winner vastly exceeds such idealized behavior…)

So what we saw on Saturday was more than just the juxtaposition of a poorly attended parade that was supposed to glorify the Leader against massive, enthusiastic protests. We also saw a body blow to Trump’s image of invincibility and a demonstration that millions of Americans are willing to stand up for democracy.

It isn’t just the optics of five million plus citizens turning out in protest; as Krugman reminds readers, the resistance is gathering steam. He cites the “remarkable comeuppance” of the major law firms that bent their knee to Trump’s threats and are now seeing partners and major clients depart for firms that refused to be cowed, and the growing resistance to ICE’s lawless roundups of immigrants (including people who “look like” immigrants).

This isn’t the end of the assault on American democracy. It isn’t even the beginning of the end. But it may well be the end of the beginning. Trump spent his first 6 months in office trying to steamroller over all opposition, creating the impression that resistance is futile. Clearly, he hasn’t succeeded. On the contrary, resistance is stiffening, and those who preemptively capitulated seem to be paying a higher price than those who showed some backbone.

Although the tide may be turning, MAGA isn’t simply going to roll over and slink away. On the contrary, the administration’s power grabs will become even more aggressive and desperate, with growing efforts to intimidate, prosecute and even physically harm political opponents, as well as widespread efforts to suppress dissent with force.

Nonetheless, despite the difficult times ahead, America has just passed an important test. May freedom ring.

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Words Of Wisdom

One of my “go to” sources for political news and thoughtful analysis is Talking Points Memo. I nearly always find myself in agreement with its editor, Josh Marshall–and especially in his “cut to the chase” commentaries on our current political situation.

Recently, Marshall considered the navel-gazing of the “usual subjects.” He began by citing two recent Bulwark essays. One, by Matt Yglesias, engaged in the sort of “analysis” that drives me up the wall–Yglesias criticised the Democratic Party for clinging to positions that he believed imposed “a decisive disadvantage when it comes to winning the Senate in 2026 and in a challenging position when it comes to the Electoral College.” He argued for a “major repositioning on issues like guns and fossil fuels (among other issues) to make Democrats more competitive in states like Iowa or Texas.

Jonathan Last made a very different argument–and like Marshall, I found it far more persuasive.

The argument was that Democrats are the opposition and that the role of the opposition, especially in such a binary, Manichean moment, is to systematically disqualify the party in power. Any naval-gazing or attempted rebrands are somewhere between irrelevant and counterproductive.

Amen.

Marshall argues that pundits’ emphasis on policy prescriptions misreads the situation in which we find ourselves–that it is a bias held by people who think and write– and that ignores reality. “Opposition parties win when they manage in whole or in part to discredit the party in power — almost always with a ton of help from the party in power itself.”

I spent 21 years teaching law and public policy. I absolutely believe in the importance of policy prescriptions, in the need to consider what the evidence teaches us about policy decisions and mistakes. But if there is one thing I am absolutely convinced of, it is that elections aren’t won or lost by adjusting the nuances of this or that policy.

As Marshall notes,

Democrats who are currently focused on repositioning the party away from being “woke” sound like they’re in a time warp. People are scared about losing their jobs. They’re upset about authoritarian attacks on the rule of law. There’s deepening pessimism about a looming recession. A big focus on “wokism” seems mostly like someone speaking from the past. It’s just not what people are thinking about right now. They’re worried about Trump and the climate of chaos and uncertainty.

Again: politics is all about salience. That’s why people so frequently get themselves mixed up with polls. Maybe your issue has 80-20 support. But if it’s not what voters are voting on, it’s irrelevant. Americans overwhelmingly oppose Trump White House cuts to medical research. But it’s not getting a lot of traction at the moment. Because most people don’t know about it. It’s not a driving focus of the news. It’s salience is low. So it makes sense for Democrats to do everything they can to focus more attention on it.

There’s a mountain of evidence to the effect that people who are against something are more likely to cast ballots. I am confident that every person who participated in the No Kings Day protests will get to the polls.

As Marshall says, the salient issue right now is Trump and the damage he is doing to America. It isn’t only Democrats who are appalled by the assaults on reason and competence and liberty. As one of my favorite protest signs has it, IKEA has better cabinets, and a majority of Americans recognizes the damage that is being done by these clowns and ideologues–to the economy, to health care, to America’s global role, to constitutional governance.

For that matter, every Republican I worked with “back in the day” when I was a Republican and the GOP was a political party rather than a fascist cult is horrified by Trump and terrified by the direction he is taking the country.

Marshall is absolutely right that Democratic success depends upon opposition to Trump and MAGA, not to the fine-tuning of  a positive vision. As he points out, “the positive vision emerges from the outlines of what you oppose. But fundamentally the job of an opposition is to oppose. Don’t overcomplicate it. It’s not simply that you gain more ground from opposing than from grand-strategizing. You learn more from it too.”

America has a lot of long-term systemic flaws, and we need to pay attention to them and fix them. But right now, we need to rid America of today’s Confederates, the MAGA White Nationalists who are trying to remake us into a very different country.

You don’t debate the best way to make the plane safer while it’s going down.

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