About That “Witch Hunt”..

Well, well. Tuesday was certainly an interesting day.

Paul Manafort was convicted of tax fraud, and at almost the same time, Michael Cohen–aka Trump’s “fixer”–pled guilty to several counts of tax and bank fraud. Cohen’s plea implicated the President, as it included a confession that Cohen had made the hush money payments “at the direction of a federal candidate.”

The Manafort trial grew out of an investigation conducted by the Special Counsel, but the charges didn’t involve Trump. The conventional wisdom was that a conviction would give Mueller leverage to strike a deal–to get Manafort to flip. That remains to be seen, and of course, Manifort faces another trial, in another jurisdiction, in September.

At the very least, the conviction and guilty plea are evidence that–far from being a politically-motivated enterprise, as Trump has maintained, the investigation has focused on and uncovered significant and troubling illegal activities by the President’s close associates.

The media has been all over both stories, and the punditry is in overdrive. Vox had an explanation of “what it all means” in which it consulted several federal prosecutors and other legal experts; most of them said what anyone with a functioning brain already knew–this is more evidence that the Mueller investigation is anything but a “witch hunt,” these results aren’t good news for Trump, etc.

The one expert who genuinely added to my understanding of the various possibilities was Asha Rangappa, a former FBI agent who is now a senior lecturer at Yale, who raised some fascinating points I’d not previously considered.

A potentially bigger threat to President Trump is what Cohen could provide to the Southern District of New York about potential crimes committed by Trump or members of his family that are unrelated to the Russia probe. Michael Cohen, as Trump’s longtime “fixer” knows where the proverbial bodies are buried when it comes to the Trump Organization and particularly its finances going back many, many years.

If Cohen provided information on potentially criminal activities to the Southern District and it opened an investigation into them, it would place the President in a double bind: First, since it would be an investigation separate and apart from the Mueller probe, he wouldn’t be able to argue that the Special Counsel exceeded his mandate or crossed a “red line” — after all, any U.S. Attorney’s office is legally authorized (and duty-bound) to investigate any violations of federal law it learns about.

More importantly, such an investigation would be completely insulated from any steps Trump might take to fire Mueller, Deputy Attorney General Rod Rosenstein, or even Attorney General Jeff Sessions (especially since his interim pick to head the Southern District who recused himself from overseeing the Cohen investigation, would undoubtedly recuse himself from any other Trump-related investigation as well). So Trump has much more to fear from Cohen than just what he knows about Russia-related matters.

America’s system of federalism has often been an impediment to justice. For a long time, “state’s rights” was a euphemism for “the right of our state to discriminate.” But there is something so satisfying about the prospect of New York State pursuing Donald Trump, charging him with violations of state criminal laws in a process that he is powerless to obstruct–violations his pardon power could not reach if he and/or his family are found guilty of them.

And let’s get real. The odds are high that Trump–who has been accused of numerous nefarious activities and who has surrounded himself with gangsters and thugs throughout his career–is guilty of a variety of criminal activities.

Right now, of course, the action is all at the federal level. A sense of expectation has been triggered by these proceedings–a hint that perhaps, just perhaps, the noose is tightening and the investigation is coming to a conclusion.

I’d say “pass the popcorn” but who knows what our demented President will do as that noose tightens? After all, he still has the nuclear codes…..

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Nancy, Hillary And The Year Of The Woman

According to the media, this is “the year of the woman.”

More women are running for public office than ever before. The dramatic increase in political activism following the election began with Women’s Marches that turned out truly astonishing numbers of people, and political scientists who have studied the ongoing Resistance report that middle-aged suburban women are providing its backbone.

Many of these reports make it seem as if the dearth of female presence in Congress and Statehouses around the country is due to women’s previous lack of interest in running for office. Then America elected a male chauvinist pig as President, that election roused the sleeping maiden(s), and the surge in their political participation is the result.

If you accept that explanation, I have some swampland in Florida to sell you…

I’m not a fan of people who whine about victimization, but really, it takes a certain kind of obtuseness not to recognize the differences in the way political men and women are perceived and treated– the extra hurdles women candidates face, and the vicious demonization of those few who rise to positions of power.

Paul Krugman recently considered the case of Nancy Pelosi. He began by looking at the issues being raised by Republican Congressional candidates, noting that they weren’t running on the unpopular tax bill or even more unpopular trade war.

Instead, Republicans’ attack ads have increasingly focused on one of their usual boogeymen — or, rather, a boogeywoman: Nancy Pelosi, the former and possibly future speaker of the House.

So this seems like a good time to remind everyone that Pelosi is by far the greatest speaker of modern times and surely ranks among the most impressive people ever to hold that position. And it’s interesting to ask why she gets so little credit with the news media, and hence with the general public, for her accomplishments.

Krugman goes through a list of those accomplishments, which compare favorably to past Speakers we consider great (and which absolutely tower over the performance of Paul Ryan). Krugman notes that, compared with more modern House speakers–Gingrich, Hastert, Boehner, Ryan– Pelosi is a giant among dwarfs. But you’d never know that from her media coverage.

It’s quite a record. Oh, and whenever you hear Republicans claim that Pelosi is some kind of wild-eyed leftist, ask yourself, what’s so radical about protecting retirement income, expanding health care and reining in runaway bankers?

It’s probably also worth noting that Pelosi has been untouched by allegations of personal scandal, which is amazing given the right’s ability to manufacture such allegations out of thin air.

So why is Pelosi always portrayed as “divisive.” Why is she the preferred target of GOP attacks?

I mean, it’s true that she’s a political partisan — but no more so than any of the Republicans who preceded and followed her. Her policy stances are far less at odds with public opinion than, say, Ryan’s attempts to privatize Medicare and slash its funding. So what makes her “divisive”? The fact that Republicans keep attacking her? That would happen to any Democrat.

Or maybe it’s just the fact that she’s a woman — a woman who happens to have been far better at her job than any man in recent memory.

Ya’ think?

Hillary Clinton has been demonized for thirty years. It is certainly fair game to fault her campaign for miscalculations, or to recognize that she isn’t as charismatic as her husband. It’s fair to disagree with policy stances she’s taken. But she has performed admirably in every government position she’s held, and despite being constantly investigated, has never been found to have broken any law. Male officeholders routinely exhibit the behaviors for which she is excoriated, and almost never excite the same animosity.

Evidently, “uppity” women like Nancy and Hillary offend a lot of people’s notions of “proper womanhood.”

America has a lot at stake in November’s midterms. If–as I hope–there is a Democratic “wave,” a lot of Democratic women will be swept in with it. Along with all the other tasks facing them, they will need to join Elizabeth Warren, and persist— continuing the maddeningly slow process of culture change, normalizing the participation of women in government, and refusing to be stereotyped, demeaned and dismissed.

I hope it will prove to be the year of the woman. But we’re not there yet.

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Black And White

If you were to do one of those “man on the street” polls,  asking “what are the qualities that make some people superior,” it’s likely you’d get a response listing behaviors that our culture considers admirable: kindness, generosity, honesty, civility. Some people might identify intelligence, excellence in a chosen field, or possession of a particular talent.

I really doubt that anyone would say that white skin makes people superior. Yet that is clearly the belief motivating the various alt-right eruptions we are experiencing–and even more clearly, the belief that animates Donald Trump and triggers his seething resentment of accomplished African-Americans.

A self-image so dependent upon something as irrelevant and accidental as skin color signals a monumental lack of self-awareness–and invites some very unflattering comparisons.

Take Trump’s childish tweet demeaning LeBron James.

James athletic prowess is well-known, and it has made him wealthy, but it is his generosity and concern for children in his home town of Akron that has generated widespread recognition and respect. Trump’s petty put-down came as James was being applauded for establishing and funding a school for disadvantaged children.

As SB Nation notes, the school is different from other local public schools in that it will have a longer school year, and have a “focus on accelerated learning to bring kids up to speed who otherwise might be lagging.” There are activities for students to prevent too much down time which might cause them to get in trouble outside of school. And there are services to help students deal with stress related to their home situations. But here’s what’s also really amazing about the school—it also has services for parents, including job placement assistance and a food bank.

This is not the first time that James has invested in the kids of Akron. Three years ago, his LeBron James Family Foundation announced that they were investing in an initiative to pay for the college tuition for 1,000 local kids. He has also funded a program that has provided school supplies, computers and bikes to keep kids motivated to do their homework and get good grades. Apparently, bikes were an important part of James’s childhood that allowed him to thrive in spite of the dangers in his community. Thus, he’s also giving each I Promise student a bike at the start of the school year.

The contrast with Trump–whose own family foundation is being sued amid charges of self-dealing– could hardly be greater.

The lawsuit, filed in State Supreme Court in Manhattan, culminated a nearly two-year investigation of Mr. Trump’s charity, which became a subject of scrutiny during and after the 2016 presidential campaign. While such foundations are supposed to be devoted to charitable activities, the petition asserts that Mr. Trump’s was often improperly used to settle legal claims against his various businesses, even spending $10,000 on a portrait of Mr. Trump that was hung at one of his golf clubs.

The foundation was also used to curry political favor, the lawsuit asserts. During the 2016 race, the foundation became a virtual arm of Mr. Trump’s campaign, email traffic showed, with his campaign manager, Corey Lewandowski, directing its expenditures, even though such foundations are explicitly prohibited from political activities.

During the campaign, reporters found that the Trump Foundation had made few actual charitable donations–and those it did make tended to serve other purposes (raising Trump’s public profile or ingratiating him with someone whose help or approval he needed.)

I’m not a psychiatrist and I don’t play one on TV, but research literature suggests that racism and misogyny often accompany deep feelings of inadequacy and inferiority. Trump’s obsession with obliterating Obama’s legacy, his cheap shots at women (especially black women), his mean-spirited attempts to diminish people who are far more accomplished than he is, his constant bragging and repeated reminders that he won the election are pathetic efforts to reassure himself that he’s really superior.

He really, really isn’t. And most Americans have noticed.

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Useful Knowledge

One of the great ironies of an age in which college attendance has steadily increased is the declining percentage of people attending those institutions who emerge with a genuine education. In the past, the “man of letters” (what should now be the “person of letters”) was widely admired; to be deemed a polymath was high praise.

I am a college professor. I’m pro-education. And I want to preface what I’m about to write by  emphasizing that I have absolutely nothing against job training, practical skills, or the transmittal of “useful knowledge.” The inculcation of skills and information required to obtain and keep employment is clearly an important endeavor–both for the individual and for society–and the increasingly technical nature of work in the 21st Century often necessitates a significant amount of training.

But both individuals and society pay a steep price when we substitute the transmittal of useful knowledge for a full, well-rounded education.

I was prompted to share this “reflection” (okay, rant) by a Ross Douthat column in the New York Times. I often disagree with Douthat, but he offers a thoughtful perspective on many of the issues of the day. In this column, he was mourning the eclipse of the Humanities by our all-consuming focus on technocratic subjects.

Douthat approvingly references a recent book about a group of Christian Humanists who were active during the war; he agrees with its author that neither Christian Humanism nor any other has been able to withstand the “spirit of technocratic ambition, the spirit of truth-replaced-by-useful-knowledge, that rules today not just in Washington and Silicon Valley but in much of academia as well.”

By coincidence, Jacobs’s interesting, depressing book has come out just after an interesting, depressing analysis of the steepening decline in the share of college students majoring in English, philosophy, religion, history and similar pursuits.

The analyst is a historian named Ben Schmidt, who just five years ago wrote an essay arguing that the decline of the humanities was overstated, that enrollment in humanistic majors had declined in the 1970s, mostly as women’s employment opportunities began switching to more pre-professional tracks, but that since then there has been a basic stability, at best a soft declension.

But now he’s revised his argument, because the years since the Great Recession have been “brutal for almost every major in the humanities.” They’ve also been bad for “social science fields that most closely resemble humanistic ones — sociology, anthropology, international relations and political science.” Meanwhile the sciences and engineering have gained at the expense of humanism, and with them sports management and exercise studies…

Douthat  suggests that the problem is “the one that Auden identified seventy years ago.” In a culture that is eager for “useful knowledge” and technical mastery and increasingly indifferent to memory and allergic to tradition, “the poet and the novelist and the theologian struggle to find an official justification for their arts.” So, he says,

they rebrand the humanities as the seat of social justice and a font of political reform, or assume a pseudoscientific mantle that lets academics claim to be interrogating literature with the rigor and precision of a lab tech doing dissection.

Douthat would encourage the study of history and literature and poetry by reinvigorating the role of religion and metaphysics in studies of  the human condition. I disagree, but in any event, I think it’s safe to say that ship has sailed. In any event, the humanities do not need extrinsic or theological justification: as Alexander Pope admonished us,

Know then thyself, presume not God to scan;
The proper study of mankind is man.

When an “education” is limited to the transmission of technocratic skills–when we are teaching students how to derive the one correct answer to that math problem or the one correct way to program that computer–there is a very real danger that we are creating a culture in which every issue has a “right” answer and a “wrong” answer.

The humanities teach us to appreciate the complexities of human cognition, emotion and interaction. They require us to wrestle with ethical and moral questions in thorny and confounding context, and challenge us to see different perspectives and appreciate new insights.
They deepen our humanity, our capacity for critical analysis, and our humility.
You can be well-trained without ever studying the humanities, but you can’t be well-educated–and we desperately need a well-educated citizenry.
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Get The Lead Out

Doug Masson recently shared a news article and a righteous rant.

The shared article was a report on lead contamination in northwest Indiana. It seems we Hoosiers have the nation’s largest source of such contamination–not a distinction to celebrate.

The nation’s largest source of industrial lead pollution is 20 miles down the Lake Michigan shore from Chicago in Indiana, churning more than twice as much of the brain-damaging metal into the air each year as all other factories in the region combined.

The company responsible is ArcerlorMittal (a company I’d never heard of); its Burns Harbor plant is the (ir)responsible emitter. According to the report, the plant has topped the list since 2013.

The continuing coverage of Flint, Michigan’s unsafe water generally includes a recitation of the effects of lead poisoning, and they aren’t pretty. They also aren’t reversible; if a child ingests lead through the water, as in Flint, or from flaking of old paint in run-down houses, or from areas of contaminated ground (we have a number in Indianapolis’ poorer precincts), the damage to that child’s intellectual functioning is life-long.

The referenced “rant” is how Masson describes his frustration–which I share–with conservatives’ constant attack on regulation. Pollution is the poster child for why regulatory activity is an essential function of government. As Doug points out, absent regulation, it will always be cheaper to pollute the air that others breathe or the water that others drink than to dispose of the waste from your manufacturing process in a manner that doesn’t harm others.

Meanwhile, pollution means that the market is getting incomplete information about the cost of (in this case) the steel being produced. They offload some of the costs of their production onto the people suffering brain damage from the lead pollution. Those people are, in effect, subsidizing the cost of production. Because the cost of the pollution is not reflected in the price of the steel, the market gets the signal that this form of production is more efficient than it really is. Polluters are rewarded and, consequently, environmentally sound production processes are put at a competitive disadvantage because they don’t force nearby residents to subsidize the process by breathing in the tainted air.

Economists call pollutants generated by manufacturing “externalities,” and note that failing to account for them in the cost of goods being produced distorts the market and–as Doug notes–puts manufacturers who are properly disposing of their pollutants at a pricing disadvantage.

Are some regulations onerous and unnecessarily broad? Sure. Are others inadequate? Absolutely. Regulatory activity by its very nature must be calibrated–ideally, rules governing commercial enterprises should be only as restrictive as necessary to the achievement of the desired result.

When we discuss government regulatory activity in my classes, I always emphasize the inadequacy of the usual political and ideological “either/or” formulations–as I tell my students, the need for and adequacy of any particular regulation will always be what lawyers like to call “fact-sensitive.” Issuing a wholesale assault on “regulation” writ large makes no more sense than advocating the elimination of “laws” because some laws are over-broad or unnecessary.

One of the most frustrating elements of our current impoverished and dishonest political discourse is the over-simplification of issues that are complex and/or nuanced. Too much of our public debate is conducted via bumper-sticker slogans and easy, inaccurate generalizations. When it comes to protecting the environment, those formulations are not only inaccurate, they are dangerously misleading.

Most Americans want the air they breathe to be clean, the water they drink to be safe, the playground soil to be free of harmful contaminants. It would be wonderful if we could rely upon the ethics of manufacturers to ensure the safety of our environment, but we can’t. We have no choice but to rely upon the government to promulgate and enforce rules against despoiling our air and water.

Of all the many obscenities being perpetrated by the Trump administration, watching the EPA play “footsie” with favored corporate polluters while refusing to discharge its most basic responsibility–to safeguard the environment– may be the worst.

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