We Can’t Unscramble This Egg

The COVID vaccine–actually, now two of them–is on the way. Granted, the way is filled with potholes, thanks to the incompetence of an administration lacking any ability to govern effectively, but reliable sources estimate that vaccines will be broadly available by late spring. Thanks to a new administration that actually knows what it is doing, we can anticipate a return to something approximating normalcy by late in 2021.

Historians, sociologists, political scientists and assorted pundits will spend the next few decades trying to explain how we got here. By “we” I don’t just mean the United States, and by “here” I don’t just mean the pandemic and its mismanagement, or the incomprehensible fact that in November some 70+ million voters agreed to buy whatever excrement Trump and the GOP cult insist on selling.

Eventually, we will see the reasons for–and consequences of– disastrous governing decisions made by the U.S. and Great Britain, and the growth of right-wing terror and autocracy elsewhere. One of the few things that seems fairly clear now is that substantial numbers of people around the world are reacting against the realities of modernity and globalization and fearing the loss of familiar cultures and comfortable certainties.

A lot of those people are saying, essentially, “stop the world, I want to get off.” That, of course, is like trying to unscramble eggs.

There was a particularly perceptive essay by someone named William Falk in The Week, in which he suggested that we have a choice:  we can accept the reality of our interrelationships, and appreciate and embrace the insights and values of the Enlightenment, or we can retreat into superstition and suspicion.

The vaccines are a triumph of the Enlightenment values of science, reason, and evidence—all now under assault in a new Dark Ages in which demagogues and conspiracy theorists spread disinformation and distrust. Despite various attempts to claim credit, the vaccines would not exist without international cooperation. Moderna’s vaccine employs technology created by Hungarian-born scientist Katalin Kariko, and the company is run by a team of researchers and entrepreneurs from around the world. The Pfizer vaccine was created by second-generation Turkish immigrants to Germany, Ugur Sahin and Ozlem Tureci, and has been pushed past the finish line by company CEO Albert Bourla, an immigrant from Greece. The pandemic of 2020 will not be the last crisis endangering humanity. What we’ve relearned in this traumatic year is that all we hold dear is fragile, and that science, community, and empathy light the road forward.

It isn’t just the vaccines, of course. The global economy is inextricably interdependent. The threat of climate change doesn’t respect national borders–it requires a co-ordinated international response. Terrorism is a far different threat than conventional warfare, and requires international co-operation to root it out. There are multiple other examples, including most obviously COVID-19.

When the current pandemic is finally contained, the “normal” to which we return is unlikely to look like the “normal” we left. How it differs will depend upon the ability of humans to emerge from our tribal affiliations and work together. That, in turn, will depend mightily upon our ability to get a handle on the disinformation and hysteria promoted by our existing media landscape, especially the social media algorithms that incentivize its spread.

We really are at one of those tipping points that occur during human history.

We can accept the reality that we share an endangered planet inhabited by inevitably interrelated and interdependent populations, and that we need to create institutions that will allow us to save it and inhabit it peacefully, or we can give in to the forces trying to take humanity into a new Dark Ages and possible extinction. 

What we can’t do is evade the challenge and unscramble the global egg.

Comments

Happy Holidays/Merry Xmas

All I want for Chanukah/Xmas/Kwanzaa is civic sanity and political integrity.

I may have to wait awhile…

Thanks from the bottom of my heart for all the kind messages on my retirement. They are more appreciated than you can know!

Wishing everyone who visits this blog as enjoyable a holiday as possible in this year of the Pandemic.

See you tomorrow.

Comments

Endings…

I hope readers will indulge some personal nostalgia today….

Last Saturday, I posted grades for the students of my final class as a college professor. The semester was surreal –for the first time, I taught remotely, and to be honest, I hated it. In normal times, when I teach, I walk around the class asking questions, looking for puzzled faces that tell me I need to back up and explain something more clearly…I meet with students outside of class to answer questions/concerns. I get to know them.

None of that happens virtually.

That said, I was really pleased with my graduate students’ performance. My midterm is something of a killer, and several did poorly on it. But their research papers and especially their final exams were almost uniformly excellent. The midterm is intended to determine whether they understand constitutional provisions and–more importantly–can apply them correctly to “real world” fact situations.

The final is intended to determine whether they understand what government is for. Below  is this year’s  version.

___________________

There are three essay questions in this take-home final examination. Choose one of them to answer. Your answer should not exceed three (3) typed, double-spaced pages.

I.   Earth has been destroyed in World War III. You and a few thousand others—representing a cross-section of Earth’s races, cultures and religions—are the only survivors. You have escaped to an earthlike planet, and are preparing to establish a new society. You want to avoid the errors of the Earth governments that preceded you. What institutional choices do you make and why? You should consider:
A.   The type/structure of government you would create;
B.    The powers it will have;
C.    The limits on its powers, and how those limits will be enforced;
D.   How government officials will be chosen and policies enacted;
E.    The social and political values you intend to privilege.

II.   It is 2020 in an alternate universe, and you have been elected President of the United States. You are following an administration that has made significant—even monumental—changes to American public policies and democratic norms. Which of those changes would you accept and follow, if any? Which would you change?  (I am not looking for exhaustive lists; choose one or two areas to discuss, and justify your decision to accept or reject the current administration’s approach.) For each policy you would retain or reverse, explain why it is or is not supportive of the common good and/or consistent with American Constitutional values.

III.   During every American election season, there will be a number of candidates from the business sector running for public office who have neither studied public administration nor previously served in a governmental agency or government position of any kind. They usually argue—and many Americans will agree—that success in a private business venture is a qualification for public office, that the skills that are necessary to success in the private sector are transferable—that they are the same skills that will enable them to be successful public servants. Do you agree or disagree with this assertion? Why?

You may make use of any materials you wish in composing your answers. Organization, grammar and spelling, and clarity will count, as will the originality and persuasiveness of your essay.

________________

The essays I received were unusually perceptive. Almost all of them explicitly addressed the responsibility of government to provide for the general welfare/common good, and the  similarities and differences between public and private sector values. The new world governments they created, their critiques of policies of the “preceding” (Trump) Administration (students who chose #2 were uniformly–and highly–critical), and their ability to distinguish between private sector skills that would or would not qualify someone for public service were all excellent.

It was a reassuring response to exit on.

So–I have now retired after spending the last 22 years at the O’Neill School of Public and Environmental Affairs. (It was my 5th and last “career”). Aside from continuing this blog, I’m really not sure how I will spend my time. There are things I won’t miss–many of the bureaucratic elements of academic life–but I will really miss interacting with students.

As I learned from leaving my prior work lives, such departures are bittersweet…..

They are also inevitable. Happy Holidays.

Comments

Very Interesting…

Most of us of a “certain age” remember Arte Johnson’s Laugh In character who would emerge from undergrowth at points in the show and declaim “Veery interesting!”

A reader sent me a column that elicited a similar sentiment from me as it had from him. He wanted to know whether the legal points being raised were accurate. As I indicated, it’s an area far beyond what expertise I still–or ever–had, but I promised to do a bit of research.

The article itself, titled “Who’s Afraid of Mitch McConnell,” asserted that even in the absence of wins in Georgia, Kamala Harris has authority under the Constitution to call on any senator who will call up one of the numerous bills on which McConnell has refused to allow  a vote. Lawyers who read this blog can click on the link and draw their own conclusions.

I did some limited research, but Dr. Google let me down, so I turned to a couple of lawyers I know, who met my very stringent criteria: they had to be good lawyers, they had to be politically savvy, and they had to be nice people who were likely to humor me. (So–one of my sons and a friend who is really, really smart. Both named David.)

That friend summed up the problem with the article’s thesis thusly:

Certainly not my area of expertise, but I see three problems with the analysis.

First, custom becomes rule. The idea that a VP could come in and do this without a massive response is pie-in-the-sky. The pushback would come from Democrats as well as Republicans, protecting Senate privilege and custom from interference from the Executive.

Second, it ignores the elephant in the room, cloture. Even if Harris could do this, it still takes 60 votes to stop debate, and Republicans not only have them, but such a strong-armed move would guarantee a complete shut down of the Senate, with no negotiation or compromise.

And third, it assumes today’s Republicans are capable of shame. The idea that bringing a vote to the floor would change their behavior is akin to assuming that putting a bow on a rabid pit bull will make it a poodle.

My son was–if possible–even more negative. His comment (edited slightly for profanities–he takes after his mother):

I agree with David. I would add (as I mentioned on the FB page of the guy who circulated this point a few weeks ago) that the ONLY thing the applicable clause of the Constitution says about VP and Senate is that the VP is the President of the Senate and gets NO vote unless the body is evenly divided…. hardly a textual position of strength to argue that the VP can come in and dictate who gets to preside and run the show.  

Also, the argument is somewhat internally contradictory — on the one hand, the Constitution grants her sweeping powers to override longstanding, informal rules, on the other hand, the VP’s “priority recognition”-power IS one of those informal rules. 

Of course, all the other practical/political/prudential reasons David noted are also at work.   

I think it’s a fantasy, particularly in a world where EVEN IF Dems retake the Senate by winning both Dem seats in Georgia, f***ers like Manchin and Feinstein stand ready to kill any attempt to even soften the Filibuster that would defang McConnell.   

Actually, his last sentence suggests his current mood, and may indicate a need for intervention–or at least, strong drink:

The country is doomed. The sooner we all move away, the more peace of mind we’ll have. 

It would be lovely if the Constitution or some other part of the legal system had a shortcut we could use to repair what is broken. It doesn’t. We have a lot of work ahead of us–and failure to do that work would doom the American experiment.
 

Comments

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!

Comments