Category Archives: Random Blogging

A (Sort Of) Defense Of Jerks

The public reaction to allegations against Harvey Weinstein, Louis C.K. and so many others is welcome and long overdue. The public revulsion to the disclosures, the almost daily revelations about other prominent figures, and especially the #metoo movement that encouraged women to add their own experiences of harassment to the public discourse have caused a lot of men to review their past behaviors, and to consider whether and when they may have gone over the line.

That said, if this particular moment in time is going to usher in a lasting, positive change to both private behaviors and public reactions to those behaviors, it is important that we recognize that a line exists and agree about where it should be drawn. As Ruth Marcus cautioned, in a column for the Washington Post, having under-reacted for so long, we need to take care not to over-react now.

It isn’t really over-reaction that is the danger; we clearly need to act–firmly and punitively–when we are faced with evidence of sexual harassment or worse. The danger lies in neglecting to make important distinctions. We are really dealing with three categories of (mostly male) conduct: people who are engaging in criminal behaviors, people who are abusing positions of power, and still others who are simply behaving like jerks.

Some of the allegations against Roy Moore fall in the first category.  His reported encounter with the 14-year-old is textbook molestation. His other behaviors probably rose to the level of stalking. Those actions aren’t simply wrong, they’re illegal. Similarly, the unwelcome touching Donald Trump bragged about on that notorious tape are sexual assault, not “locker room talk.” (Unfortunately, when you’re a “star”–excuse me while I puke–“letting you” do it means they don’t bring charges.)

Sexual harassment occurs when a person in a position of power or authority abuses that power in order to get some sort of sexual satisfaction. The satisfaction may “just” be bullying– creating what lawyers call a hostile workplace, and taking some sort of sick enjoyment from making a subordinate uncomfortable. (I recall a case where several male employees constantly posted raunchy posters and told foul jokes in order to torment the lone embarrassed female employee.) More often, harassment is a demand for a sexual quid pro quo–if you want that raise, that promotion, that film role, here’s what you need to do…The key to sexual harassment is disparity of power. If the person acting inappropriately is in a position to help or harm the object of his advances, the line is definitely crossed.

That leaves us with “jerk” behavior. This is the category where changing cultural norms really do play a part. When I was the sole female partner in a small law firm in the early 1980s,  two of my male partners occasionally engaged in “joking around” that would undoubtedly be considered offensive today. But we were peers, we exercised equal authority, and I’m confident that had I been offended, they would have apologized and stopped. The culture at the time encouraged verbal banter that would be frowned upon today. (Emphasis on verbal.)

Today, in most places, the culture has changed. As women have participated in the workforce and civic life in greater numbers, we’ve stopped making excuses for jerk behaviors–verbal or physical– that “gross out” or diminish the women who experience them. This post is certainly not intended to defend jerks who engage in boorish, sexist conduct.

What I am defending is the importance of distinguishing between categories of transgression.

There are reasons to be careful before equating jerk behavior with rape, or with Harvey Weinstein masturbating in front of unwilling women. There is a significant difference between Roy Moore asking a 14-year-old to touch his erect penis, or our reality “star” President grabbing a woman’s private parts, and an unwanted pat on the butt from someone  you can call out loudly and publicly without fear of repercussion.

I repeat: none of these behaviors are acceptable. A “good old boy” culture that permits or encourages any of these kinds of conduct needs to be changed–and it is, finally, being changed. But if we fail to distinguish between the boorish and the unforgivable, if we fail to calibrate the sanctions to the gravity of the offense, we risk trivializing the meaning of inexcusable.

Comments

Going Courting

I know there’s a fierce competition for the title of “most harmful consequence” of the Trump Administration. There’s so much to choose from: sabotaging the Affordable Care Act, waging war on public education, reviving the racist and ineffective drug war,  ensuring that new environmental regulations aren’t informed by science (and older ones aren’t enforced), drastically diminishing America’s role in world affairs (and making us a laughingstock among sentient people)…well, choosing just one assault on good government seems impossible.

That said, I want to make the case for Trump’s corruption of the federal judiciary.

Assuming Democrats take back (at least) the House in 2018, and further assuming Trump’s presidency won’t last the full four years (an assumption I make, given Muller’s investigation and Trump’s petulance), we can call a halt to most of the administration’s March to Armageddon and begin to repair the considerable damage done by the Confederacy of Dunces who currently hold sway in the Cabinet and White House.

The Courts, however, are another matter. Federal Judges have lifetime appointments, and what is particularly unnerving is the rapidity with which Trump is placing truly horrific nominees in vacancies that a destructive and partisan Congress prevented the Obama Administration from filling.

Readers who follow the news–which is most of those who come to this site–have probably heard about one of Trump’s most recent nominees, who is not only an unqualified whack job, but ethically challenged; he “neglected” to mention that his wife is employed by the Administration as Chief of Staff of the office that selects judicial nominees. As El Jefe reports at the World’s Most Dangerous Beauty Shop, Inc.,

This nominee is a 36 year old young man, 3 years out of law school who has never argued a case in court.  Hell, he’s never even argued a motion in court.  He’s a blogger who writes highly partisan posts, likes to call the last Democratic candidate Hillary Rotten Clinton, and wrote a piece during the last administration about how Barack Obama was destroying the Constitution by introducing legislation for background checks after the Newtown massacre.  He was a speechwriter for Mitt Romney in 2012, and an aide to Luther Strange when he was appointed to be senator after Granny Sessions was named attorney general.

Who is this candidate, and what’s he nominated for?  Why he is Brett Talley, and he’s been nominated to a lifetime position as a federal judge in the Middle District of Alabama.  Oh, and it gets better; after coming to Washington with Luther Strange, he then took a job in the Justice Department in the office that does…wait for it…appointments to federal judgeships.  Can you spell inside track?  And one last little tidbit…he was unanimously rated by the American Bar Association as “not qualified” for this appointment.

Trump’s other nominees are equally horrific: Salon recently reported on some of them in an article titled “Trump’s Judicial nominees are so ludicrous, he may just be trolling us.”The ABA unanimously evaluated nominee Steven Grasz unqualified, explaining that Grasz’ “professional peers” reported that the nominee “puts his right-wing political views ahead of the law — and is “gratuitously rude” to boot.”

It takes a lot to be so noxious that the ABA will confer this kind of rating. For instance, Trump nominee Jeff Mateer, an appalling bully who says trans children are part of “Satan’s plan” and has suggested that same-sex marriage will lead to “people marrying their pets,” still got a “qualified” rating, though some members of the panel expressed reservations.

Two of Trump’s other district judge nominations, Charles Goodwin and Holly Lou Teeter, also received not-qualified ratings. Part of the issue here is that Trump has decided not to submit his picks to ABA review before a formal nomination, something that has only been done before by George W. Bush. It’s a symbol of the tribalism of the right, and conservatives’ increasing hostility to anyone perceived as not belonging to their tribe. Trump promised during the campaign that he would simply let the far-right Federalist Society pick his nominees for him, and that appears to be exactly what he’s doing. Just as conservatives have opted out of mainstream media, turning instead to Fox News and even more truth-hostile outlets like Breitbart, they’re turning away from mainstream professional organizations and other gatekeepers who seek to maintain a level of proficiency and competence that is seen as inherently threatening to the conservative agenda. If anything, Trump’s judges suggest that he’s thumbing his nose at the very idea of fitness and competence, just to show he can.

Of all his assaults on the rule of law, corrupting the federal judiciary by packing the courts with an assortment of (overwhelmingly white and male) partisan hacks is likely to do the most long-term damage.

Unfortunately, a Senate devoid of Republican statesmen is all too willing to confirm these deeply problematic appointments.

Comments

The Slog of Sustained Opposition

The recent special election votes in Virginia, New Jersey and even more recently, Oklahoma, gave Democrats and anti-Trump Republicans a sorely-needed infusion of hope. A lot can happen in a year, of course, but there are several promising omens for 2018 in the magnitude of the wins and the repudiation of divisive and ugly campaign tactics.

That said, I think the most important lesson–the most significant “takeaway”–has largely been overlooked, probably because it simply reinforces what has been conventional political wisdom for eons.

Elections are all about TURNOUT.

Democrats in Virginia won races for their House of Delegates despite running in massively gerrymandered districts, reminding us that the “art” of gerrymandering relies on previous voting patterns. When large numbers of citizens who haven’t previously voted cast their ballots, so-called “safe” districts are a lot less safe.

In a recent column for the Guardian, Rebecca Sollnit makes an important point. Reviewing the election that gave us Donald Trump, she suggests that his narrow victory was likely attributable to–and vindicated– the GOP’s intense and persistent emphasis on vote suppression tactics.

You can’t count the votes that weren’t cast, and you can make a case that the election was sabotaged without taking them into account. But when you add up the different means of disenfranchisement – voter ID laws and illegitimate enforcement of them, the Crosscheck program, voter roll purges, reduction of polling places, gutting the Voting Rights Act – you see that millions of poor, student and nonwhite voters were denied one of their basic rights as citizens, along with more than six million disenfranchised because of felony convictions.

That is a huge chunk of the electorate, and had half of them voted, it would have given us a wildly different outcome – in fact, it probably would’ve dictated significantly different campaigns and candidates.

Good government groups have brought lawsuits challenging most of these suppression mechanisms, and I am cautiously optimistic that at least some of those suits will succeed. But as helpful as that would be, the 2018 remedy lies elsewhere: in civic activism that vastly increases turnout, including in, but not limited to, the populations that have been the target of these suppression efforts.

Unlike countries like Australia, where there is mandatory voting, in the United States we rely on voluntary exercise of the franchise–and even where intentional efforts to suppress the vote are absent, we haven’t made voting easy or convenient. As a result, those of us who are focused upon ousting the corrupt and illegitimate cabal that is the Trump Administration face a daunting–but not insurmountable–challenge. We must register and turn out hundreds of thousands of previously absent voters.

Large turnouts have almost always favored Democrats. That’s doubly true in the Age of Trump. The big question–what we used to call the 64 Thousand Dollar Question–is whether we can sustain the remarkable increase in political and civic participation triggered by the results of the 2016 Presidential election.

Does the resistance have stamina enough for the long slog? Are volunteers prepared for the tedium of house-to-house registration and GOTV efforts? Will enough of us resist the normalization of the daily eruptions of thuggery and ignorant belligerence, and keep our eyes on the prize–the restoration of competent and ethical government?

A year can seem like an eternity, but a dogged and sustained effort that dislodges and replaces Paul Ryan and Mitch McConnell and gives us a sane cohort of lawmakers actually interested in the public good would be a wonderful reward for persistence–and the beginning of the end of an incompetent, shameful and destructive administration.

Comments

Blood Libel Redux

The term “blood libel” was coined to describe a centuries-old false allegation that Jews murder Christian children to use their blood in the baking of Passover matzo (unleavened bread). Blood libels were invented and used to inflame hatred of Jews, and often led to mob violence and pogroms, many of which decimated entire Jewish communities.

Blood libels are a tactic beloved by–but not limited to–anti-Semites. If you want to arouse public passions against any group you detest, such libels–updated for use in a (slightly) more  advanced age– remain useful mechanisms. (Think of all those accusations about black men “deflowering” Southern white women.)

It’s just so easy in the age of the Internet. Find an accusation you like, or a “fact” you can use to support the argument you want to make, and just cut, paste and forward.

And as Ed Brayton documents, elected officials aren’t above employing these tactics.

Kris Kobach, a first-class bigot and liar who chairs Trump’s voter fraud commission, also writes a column for Breitbart.com. Well, he kinda writes it. What he actually does, as Media Matters documents, is cut and paste from chain emails and racists to justify lying about immigrants and crime.
Brayton quotes from Kobach’s recent column, in which he claims that 75 percent of the people on most wanted lists in Los Angeles, Phoenix and Albuquerque are illegal aliens, and that 53 percent of burglaries investigated in California, Nevada, Arizona, New Mexico, and Texas are committed by illegal aliens.
Kobach cites two sources for these claims: one is the INS/FBI Statistical Report on Undocumented Immigrants.” and the other is from a piece by “Peter B. Gemma” for the ConstitutionParty.com. The INS ceased to exist in 2003, after the Department of Homeland Security was created, and Gemma is known as a racist who has worked for the white supremacist Council of Conservative Citizens and has been a “part of the American Holocaust denial movement.”
Other manifestations of this sort of targeted dishonesty are less blatant, but they still serve bigotries aimed at disfavored groups. The Gainesville Times recently referred to one of them as “zombies that won’t die.”

A staple of horror movies popular around Halloween is the ubiquitous “monster that won’t die.” Be they zombies, Dracula, Freddy Krueger, killers in hockey masks or Godzilla, the demons of our imagination never succumb to mortal fate, as least as long as another sequel is in the offing.

Sometimes, bad ideas by politicians stalk the innocent wearing the same ghoulish pallor of the undead, springing back to life whenever we think the coast is clear. One such Walking Dead issue is a religious liberty proposal that some think we can’t live with and others believe we can’t live without, and waits in the bushes for another victim.

The Georgia legislature passed such a law in 2016, stating no individual or business would be forced to cater to the needs of others if doing so clashed with their religious beliefs. Gov. Nathan Deal vetoed it, much to the chagrin of social conservatives, over fears it would make the state appear unwelcoming to other views and lifestyles, which could deter companies from locating operations and jobs here.

The editorial went on to point out that–contrary to the “zombie” arguments–Americans remain remarkably free to practice their preferred religions, no matter how incensed some may get over “Happy Holidays” greetings and the existence of laws protecting the rights of other people to their beliefs.

LGBTQ citizens aren’t attacking Christianity. (Actually, as my friends in the clergy have pointed out, pseudo “Christians” are doing a great job of that themselves…) Black men aren’t deflowering white women (okay, so maybe Bill Cosby–but so are Harvey Weinstein and Donald Trump.) Jews aren’t using the blood of Christian children to make matzo. (If you’ve ever eaten matzo, you’d know it couldn’t contain  liquid of any kind or it wouldn’t be so constipating…)

A central premise of the American legal system is that we treat citizens as individuals, not as members of a group. People who embrace blood libels aren’t just bigots, and they aren’t just ludicrously wrong. They’re unAmerican.

And that most definitely includes Kris Kobach.

Comments

Yes! Virginia: There Is A Santa Claus

Yes, as I used to tell students when I was a high school English teacher, punctuation makes a difference…

Wordplay aside, I am gratified to report that, on Tuesday, Santa Claus–aka Virginia voters–brought Americans a welcome gift: Sanity, and a resounding repudiation of white nationalism and the politics of fear.

Ed Gillespie ran a campaign based squarely upon Steve Bannon’s promise that “Trumpism without Trump” would carry the day. It is no longer plausible–if it ever was– to characterize “Trumpism” as anything other than racial resentment, and the appeals to bigotry in Gillespie’s ugly and reprehensible political ads were anything but subtle.

Virginia voters also repudiated homophobia, replacing one of the most anti-LGBTQ and anti-transgender members of Virginia’s legislature with a trans woman–and by a very healthy margin. Rejection of the politics of hate wasn’t limited to Virginia, either; in Minneapolis, a black trans woman was elected to the city council. Even in more conservative areas of the country, voters ignored efforts to stigmatize immigrants, non-Christians and African-Americans. A Liberian refugee is the new mayor of Helena, Montana. Hoboken, New Jersey has its first Sikh mayor.

Initial analyses of Virginia voting patterns brought confirmation of widening divides between urban and rural voters, and between college-educated and non-college-educated white voters. It also gave political observers a better understanding of which non-urban precincts should be categorized as “rural” for purposes of electoral prediction.  As the Guardian noted, despite a campaign that repeatedly stumbled, and a candidate who was earnest and moderate, but considerably less than charismatic,

Northam still won by overwhelming margins in suburban and exurban areas, taking 60% of the vote in both Prince William and Loudoun counties, rapidly growing suburbs and exurbs of Washington DC. When Gillespie ran for Senate in 2014 against the popular incumbent Mark Warner, he won Loudoun County and lost Prince William by less than 3%.

It wasn’t just in Virginia that suburban voters rejected Trumpism.  Democrats won victories with suburban votes in races across the country. From the  populous New York suburbs of Nassau County and Westchester County, to mayoral races in  cities like Charlotte, North Carolina; St Petersburg, Florida; and Manchester, New Hampshire, voters in the nation’s suburbs decisively favored Democrats. As the Guardian article concluded,

The midterms are a year away and a lot can happen between now and then. But the changing political demographics of the US, combined with Trump’s low approval ratings, mean that Democrats can feel confident they are on the right track at present. They may no longer be the party of coalminers in Appalachian hollows but, based on Tuesday’s result, they are now the party of an increasing number of suburban subdivisions.

It will be interesting to see whether and how this dynamic plays out in red states like Indiana. According to the last polling I saw, despite the fact that he won the state handily, Trump’s Indiana favorability has declined by 19 points since the election. That decline probably won’t matter much to contests in the truly rural parts of the state, but it will be interesting to see if the more affluent, educated and cosmopolitan suburbs follow the pattern that emerged on Tuesday.

Tuesday provided us with a gratifying reaffirmation of Americans’ basic goodness, but it’s not nearly time to stop agitating, protesting and resisting.

Comments