In Case The Racism Wasn’t Clear Enough…

There’s something to be said for clarity.

As the United States barrels toward an election that will determine whether we remain wedded to a set of unrealized but morally-appropriate ideals about equality, the focus of that election has steadily narrowed. November will be about one thing: White Nationalism and the continued privileging and social dominance of white male “Christians.”

Short of producing yard signs with swastikas, the Trump campaign has done everything it can to convey that message–and in Tuesday’s first “debate,” Trump’s refusal to disavow white nationalism made it explicit. (“Debate” is in quotes, because Trump’s rants and bullying prevented anything that could be considered a genuine debate.)

The GOP has disdained issuing a platform, making it clear that obedience to the party’s “Dear Leader” was the only plank that mattered. Then the campaign echoed Trump’s rant against the accurate teaching of American history–especially about slavery– and his insistence that teachers should engage in patriotic indoctrination rather than education.

More recently still, just in case there was a Neo-Nazi somewhere in rural America who missed the message (is there a backwoods area where Fox can’t penetrate?), he ordered an immediate cessation of diversity training in federal agencies, and followed that with a similar edict covering federal contractors. As Talking Points Memo reports:

President Donald Trump increased the scope of his assault against the government’s anti-racism workplace trainings on white privilege on Tuesday night with an executive order banning government contractors from holding the trainings.

In the order, Trump claimed that trainings that discuss the disproportionate amount of power afforded to white men “perpetuates racial stereotypes and division and can use subtle coercive pressure to ensure conformity of viewpoint.”

“Such activities also promote division and inefficiency when carried out by Federal contractors,” the order said.

The contractors thus “will not be permitted to inculcate such views in their employees,” according to the order.

Trump touted the ban on Twitter on Tuesday.

These sessions–common in corporate and business environments–are intended to improve communication and understanding among employees who bring different cultures and life experiences to the workplace. (Well done, they improve both employee morale and productivity–outcomes of absolutely no interest to Trump, since they don’t line his pockets or advance his egocentric agenda.)

It is unlikely that this most recent “edict” is legally enforceable. Absent corruption (which in this administration cannot be taken for granted) government contracts are awarded to companies that respond to RFPs–Requests for Proposals. Those RFPs set out the qualifications required by the contracting agency, and it’s a fair bet that none of the RFPs to which current contractors responded contained a provision that the contractor could not offer diversity training to its employees.

But enforceability and legality are beside the point here.

In much the same way that Trump’s issuance of meaningless “Executive Orders” aren’t legally effective, the bans on diversity training are a type of “performance art.” The Executive Orders are intended to convince his largely civically ignorant base that he is keeping his various promises–to build a wall, protect pre-existing conditions, forbid Muslims from entering the country, etc. The ban on anti-racist training and the attack on teaching accurate history are intended to reassure his largely racist base that he is with them.

It’s a very dangerous game.

Law enforcement agencies–including the FBI– have warned that alt-right organizations are actively trying to foment a race war. 

A report by the Brookings Institution explains a right-wing effort called “accelerationism.”

Accelerationism is the idea that white supremacists should try to increase civil disorder — accelerate it — in order to foster polarization that will tear apart the current political order. The System (usually capitalized), they believe, has only a finite number of collaborators and lackeys to prop it up. Accelerationists hope to set off a series of chain reactions, with violence fomenting violence, and in the ensuing cycle more and more people join the fray. When confronted with extremes, so the theory goes, those in the middle will be forced off the fence and go to the side of the white supremacists.

Obviously, not every Trump voter is a conscious part of that White Supremacy movement–but every Trump vote will support it.

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Encouraging Signs

As we count down to Election Day, I am looking for signs of sanity. One of those signs is the number of Republicans coming out publicly against Trump.

It isn’t just  the Lincoln Group or Vote Vets or Republicans Against Trump. It goes way beyond Cindy McCain, or the letter signed by 500+ former national security officials whose number included numerous Republicans.

Political science research tells us that some people affiliate with a political party because  they agree with the party’s basic approach to the issues, but others join because they identify with the people in that party. To an extent, that’s understandable; humans are hard-wired to be tribal, to prefer to associate with those they see as their “own kind” rather than those who register as “other.”

When you think about it, America’s entire history–our struggle for civic equality– might be characterized as an effort to develop a more inclusive understanding of who we are talking about when we use the word “we”–an effort to enlarge our definition of who qualifies as a member of the “tribe” we call American.

Admittedly, we have a long way to go.

Our current political tribalism, abetted by media bubbles and geographic sorting, is extreme. Political scientist Lilliana Mason argues that “A single vote can now indicate a person’s partisan preferences as well as his or her religion, race, ethnicity, gender, neighborhood and favorite grocery store.” Democrat and Republican have become our new mega-identities.

Because American tribalism is so pronounced, this election presents the remaining thoughtful members of the Republican “tribe” with a wrenching dilemma: do they ignore the multiple dangers posed by a lawless and corrupt President of their own party, and elevate partisan loyalty over all else, or do they place the good of the country above partisan advantage?

In last week’s Indianapolis Business Journal (behind a paywall) two notable local Republicans–John Mutz and Scott Newman—opted for country over party, endorsing Joe Biden and arguing that Trump should be defeated.

Mutz and Newman joined an unprecedented number of “defectors” nationally–including Indiana’s Dan Coats, who served as Director of National Intelligence and has been quoted as saying he believes Putin “has something” on Trump. (Wikipedia has an impressively long entry titled List of Republicans Who Oppose Trump). For people who have been lifetime Republicans—who have campaigned as Republicans, held office as Republicans, and embraced what used to be Republican ideals—people whose friends and families remain devoted to the Republican “tribe,” a decision to publicly endorse Joe Biden has to be incredibly difficult.

The behaviors that have prompted all of these defections are too numerous to list. I have previously characterized the Trump administration as a combination of the Mafia and the Keystone Kops—the degree of self-dealing and shamelessly criminal behavior has been matched only by the daily displays of incompetence. (One of my favorite FB memes is “I’ve seen better cabinets at IKEA”)

Most of the Republicans who have publicly “defected” are pundits or previous office-holders whose partisan allegiance was rooted in political ideology: preference for free markets, fiscal restraint, limited but effective governance. That today’s GOP no longer embraces any of those principles became too obvious to ignore this year, when the party didn’t even bother to produce a platform.

The Republican Party I belonged to for 35 years no longer exists, and a chilling White Nationalism too obvious to ignore characterizes what remains.

If the survey research and polling are correct, a majority of Americans agree with Mutz and Newman and strongly disapprove of Trump. Assuming a free and fair election—something we cannot, unfortunately, take for granted—the task for Republican defectors will be to rebuild their party into an adult, sane, non-racist GOP. America desperately needs two responsible, thoughtful parties with contending, evidence-based ideas about what constitutes workable public policy.

What we don’t need are tribes fighting for the dominance of male “Christian” Americans with white skin.

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What Those Taxes Show–And What They Don’t

So–we finally get to see a significant portion of the tax returns Trump has succeeded in hiding until now. As I understand it, the returns obtained by the Times were personal–not business returns–so any money that Russia supplied to The Trump Organization would only show up on returns we still haven’t seen.

The Times analysis is extensive, and you can read the details there. I’ll just share a few of my more immediate reactions:

  • If the New York Times is guilty of “fake news,”  as the President insists, he has an easy way to prove it. He can release the tax returns that rebut the “fake” version analyzed by the newspaper. (The situation he finds himself in vis a vis the tax returns is similar to that posed by multiple accusations of sexual assault. At least one accuser has DNA evidence; Trump has refused to submit to a DNA test that he insists would exonerate him.) Innocent people who have the ability to conclusively demonstrate that innocence do not stubbornly refuse to do so.
  • Assuming the tax returns obtained by the Times are genuine–an inescapable assumption–the paltry $750 payment over a period of ten years can be explained in one of two ways: either Trump engaged in tax fraud–i.e., he cheated–or he was a terrible businessman. (And yes, it is possible, even likely, that both are true…) Michael Cohen, his longtime fixer, has testified that Trump exaggerated his net worth to lenders and hid assets from tax authorities, and anyone who’s been paying any attention at all the past few years will find that pattern of behavior consistent with what we’ve seen. The business failures also lend credibility to Cohen’s assertion that Trump ran for President assuming he would lose, in an effort to promote his “brand” and improve its performance.
  • The degree to which Trump is personally indebted–and the identity and nationality of the people to whom he owes significant sums–pose a “clear and present” danger to American security. That danger is undoubtedly one of the things that prompted the recent release of a letter from a bipartisan group of nearly 500 past and present national security officers, endorsing Joe Biden. According to media reports, the signatories included five former secretaries of the Navy, two former Army secretaries, four former Air Force secretaries, two retired governors, and 106 ambassadors.
  • Overall, the tax returns tell us that Trump is buried in an almost inconceivable mountain of debt. He owes more than $300 million dollars, and his businesses have  continually lost money. The only enterprise that actually generated net income for him was “The Apprentice”–and he used that income to shore up the golf courses and other ventures that have steadily lost money. He has personally guaranteed a significant amount of that debt (no doubt basing those guarantees on an inflated net worth), and the bulk of it is rapidly coming due.
  •  I was astonished at his evident success in deducting personal expenses. We “little people” who obediently follow the rules (making us, in Trump talk, “dumb”) could never get away with deducting $70,000 in hairstyling, or $26 million dollars in “consulting fees” paid to his own daughter–despite the fact that that daughter was also on his payroll!
  • The Times reported that Trump is fighting with the IRS over the repayment of a $72.9 million tax refund. If he has to repay it, it will run to $100 million when penalties and interest are factored in. I’m bemused –gobsmacked, actually–that he was able to con the IRS into giving him that refund in the first place.

There’s a lot more information in those returns, and the Times promises to follow up its bombshell disclosures with additional insights. But one thing is already abundantly clear: Trump’s frantic effort to avoid a peaceful transfer of power is based upon his recognition of the fact that once he leaves office, he will no longer be protected by that DOJ memo saying a sitting President cannot be indicted. He will face federal and state prosecution for bank fraud, tax fraud, wire fraud, and mail fraud.

Unless he manages to somehow steal the election and remain in office by subverting American law, Trump’s last days will be spent either in a federal prison or in one of those “shithole” countries that does not have an extradition agreement with the United States.

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How We Got Here

In late August, Jonathan Chait authored an important essay in New York Magazine,arguing that the Republican Party must be saved from the Conservative Movement. As he admits, to modern ears, this sounds nuts: we all have been brainwashed into seeing “conservative” and “Republican” as different terms meaning pretty much the same thing.

That, however, is an ahistorical belief, and Chait reminds us that the GOP under, say, Eisenhower was a very different animal.

Chait characterizes the current divide among anti-Trump Republicans as an argument between those who just want Trump gone and those who have concluded that the whole party needs to be gone. He provides a memorable analogy for the latter group:

I have immense admiration for my colleagues at New York. Suppose, however, that we appointed an editor who lacked familiarity with terms like circulation and advertising, whose notes to writers were scrawled indecipherably in crayon, and who seemed more interested in filching office supplies than any other aspect of the job. And suppose the staff either actively defended this editor or deflected criticism by pointing to David Remnick’s various foibles.

Well, I would naturally conclude I had misjudged the place badly. And if this editor eventually left, I would be looking for work at a publication whose staff had not been trying to extend his term.

Chait’s point–with which it is hard to argue–is that it isn’t just Trump. but a party that wouldn’t “merely cooperate with but actually idolize” a grotesquely bigoted authoritarian. But rather than burning the party down, he advocates severing it from what passes for “conservatism” these days. As he quite accurately points out, the conservative movement was once a minority faction within the GOP that demanded an “apocalyptic confrontation that would roll back big government at home and communism abroad.”

Chait’s essay is long, but it’s worth reading in its entirety for its history of the radical/conservative takeover of the GOP. The results of that takeover can be seen in today’s party of Trumpists:

It would be an overstatement to paint Trump as representing nothing but the triumph of the conservative movement. In his personal defects, Trump is indeed sui generis. But the broad outlines of his agenda and his style do closely follow the trajectory of the American right: racism, authoritarianism, and disdain for expertise. The movement attracts disordered personalities like McCarthy, Sarah Palin, and Trump and paranoid cults like the John Birch Society and QAnon.

Above all, Trump follows the American right’s Manichaean approach to political conflict. Every new extension of government, however limited or necessary, is a secret plot to extend government control over every aspect of American life. Conservatives met both Clinton and Obama’s agenda with absolute hysteria, whipping themselves into a terror that rendered them unable to negotiate.

And in a particularly insightful observation, he notes that an inability to distinguish reasonable, well-designed government programs that address real market failures from Soviet-style oppression is a congenital defect in conservative thought. As he says, Trump is not even pretending to have a positive second-term program. His only goal is to stop the next Democratic administration because the next liberal program is always the one that will usher in the final triumph of socialism.

So–what should a successful reconstituted, post-Trump party look like? Chait points to the sort of  “pragmatic center-right thinking being developed at the Niskanen Center and by some of the wonks at the American Enterprise Institute and a handful of other places” and he would jettison the conservative dogma that forbids any consideration of new taxes, spending, or regulation.

It will take more than one defeat for the party to abandon what its cadres have been trained to see as the only possible path. But the Republican Party will never stop being a danger to American democracy until it can see the problem clearly. The task is not to save conservatism from Trump. It is to save the Republican Party from conservatism.

Really, read the whole article.

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The People And The Court

Joseph Margulies has made a counter-intuitive argument at the legal publication Justia. The crux of his opinion is that liberals have misread the Supreme Court’s history, and as a result, have placed far too much reliance on the judicial branch.

As I recall, this was also an argument advanced by Kieth Whittington, a legal scholar, a few years back. As I remember the book–and my memory is definitely hazy– Whittington felt that over-reliance on the courts to protect individual liberties led to flaccid and apathetic political participation.

Justice Ginsburg has given the left a great gift, if it knows how to use it. Finally, and none too soon, the popular infatuation with the Court as the Great Protector of Individual Rights can be laid to rest. We will now see the Court for what it has been for most of its history—a reactionary branch committed to the preservation of wealth and the status quo. With the exception of a brief and unrepresentative period from the mid-1950s to the early 1970s, the Court has not been an agent of progressive change. Quite the contrary, it has been decidedly unkind to claims pressed on behalf of underrepresented minorities and the poor. Outside of two short decades, the Court has been timid and conservative, lending its support for progressive policies only after they have already won widespread approval. By the time the Court managed to recognize a right to same-sex marriage in Obergefell v. Hodges, for instance, it was already the law in 37 states and the District of Columbia

The Court that liberals lionize (or, as Margulies would have it, the myth of the Court that they have constructed) is, as he argues, a product of what he calls “the golden years” that produced cases like Brown v. Board of Education (1954), Roe v. Wade (1973), Miranda v. Arizona (1966) and and Gideon v. Wainwright(1963).

But what so many fail to appreciate is that all the rights and protections established during this period, literally without exception as far as I can tell, have been substantially diluted by the same Court that created them, some nearly to the point of elimination.

It’s hard to disagree with this analysis. The Court has blessed “school choice,” which has accelerated the re-segregation of schools, and has made abortion nearly unobtainable by upholding medically unnecessary and burdensome regulations. Margulies concludes that there is no judicial substitute for the hard work of political activism.

The practice [of taking matters to court] supplants democracy and sidesteps the people. It imagines that there is a substitute for politics, a shortcut that will allow us to achieve an enduring progressive vision without having to engage in the protracted ugliness of partisan politics. We point to past cases because we think it has happened before, but overlook the fact that these decisions did not endure. We put our faith in Oracles who stand atop politics because we are sickened by the emergence of a world in which facts no longer matter, science is ridiculed, and jack-booted racism is on the march. So we look to the Nine for our salvation. But they are not—and in truth have never been—our Saviors.

Win or lose in November, we need to heed this call to arms. Margulies predicts that we will:

As political campaigns well know, nothing motivates a constituency like a sense of threat. After the election of Barack Obama, for instance, the NRA parlayed fear of the new President into “a dramatic increase in membership,” and gun sales surged 60 percent.. ..The same thing happened on the left after the surprise result in 2016. Within months of Trump’s election, membership in the ACLU skyrocketed from around 400,000 to more than 1.8 million and contributions ballooned by $120 million. In the same way, the knowledge that the Court is lost to the left should trigger a groundswell of political and financial support for progressive and liberal candidates, lest the entire architecture of government be controlled by the right. In politics, threat leads to action, and after Friday, the sense of threat has never been so real. The ships have been burned; there will be no retreat to the Court.

Just as [RBG”s] death should invigorate the left, it will enervate the right. Campaigns articulate a vision of success and promise their supporters that all will be right with the world once that goal has been achieved. For the right, success has meant control of the Court. For decades, the right has struggled to achieve a secure majority on the Court, only to suffer one disappointment after another…. Now that victory is at hand, a letdown is inevitable. While threat produces action, victory leads to quiescence.

As my grandmother would have said, “From his mouth [okay, word processor] to God’s ears…”

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