Tribalism Versus Americanism

Permit me a “Sunday morning meditation”…

We Americans are a cantankerous and argumentative lot. We hold vastly different political philosophies and policy preferences, and we increasingly inhabit alternate realities. Partisans routinely attack elected officials—especially Presidents—who don’t share their preferences or otherwise meet their expectations.

Politics as usual. Unpleasant and often unfair, but—hysteria and hyperbole notwithstanding– usually not a threat to the future of the republic. Usually.

We are beginning to understand that Donald Trump does pose such a threat.

In the wake of Trump’s moral equivocations following Charlottesville, critics on both the left and right characterized his refusal to distinguish between the “fine people” among the Nazis and KKK and the “fine people” among the protestors as an assault on core American values. His subsequent, stunning decision to pardon rogue sheriff Joe Arpaio has been described, accurately, as an assault on the rule of law.

It’s worth considering what, exactly, is at stake.

Whatever our beliefs about “American exceptionalism,” the founding of this country was genuinely exceptional—defined as dramatically different from what had gone before—in one incredibly important respect: for the first time, citizenship was made dependent upon behavior rather than identity. In the Old World, countries had been created by conquest, or as expressions of ethnic or religious solidarity. As a result, the rights of individuals were dependent upon their identities, the status of their particular “tribes” in the relevant order. (Jews, for example, rarely enjoyed the same rights as Christians, even in countries that refrained from oppressing them.)

Your rights vis a vis your government depended upon who you were—your religion, your social class, your status as conqueror or conquered.

The new United States took a different approach to citizenship. Whatever the social realities, whatever the disabilities imposed by the laws of the various states, anyone (okay, any white male) born or naturalized here was equally a citizen. We look back now at the exclusion of blacks and women and our treatment of Native Americans as shameful departures from that approach, and they were, but we sometimes fail to appreciate how novel the approach itself was at that time in history.

All of our core American values—individual rights, civic equality, due process of law—flow from the principle that government must not facilitate tribalism, must not treat people differently based upon their ethnicity or religion or other marker of identity. Eventually (and for many people, reluctantly) we extended that principle to gender, skin color and sexual orientation.

Racism is a rejection of that civic equality. Signaling that government officials will not be punished for flagrantly violating that foundational principle so long as the disobedience advances the interests of the President, fatally undermines it.

Admittedly, America’s history is filled with disgraceful episodes in which we have failed to live up to the principles we profess. In many parts of the country, communities still grapple with bitter divisions based upon tribal affiliations—race, religion and increasingly, partisanship.

When our leaders have understood the foundations of American citizenship, when they have reminded us that what makes us Americans is allegiance to core American values—not the color of our skin, not the prayers we say, not who we love—we emerge stronger from these periods of unrest. When they speak to the “better angels of our nature,” most of those “better angels” respond.

When our leaders are morally bankrupt, all bets are off. We’re not all Americans any more, we’re just a collection of warring tribes, some favored by those in power, some not.

As the old saying goes: elections have consequences.

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Shooting The Messenger

A recent report from the Brookings Institution began rather predictably:

A leader who portrays himself as one of the persecuted, the target of an incessant witch-hunt by the so-called deep state. A liberal media intent on revisiting an election gone badly. And a left-wing political machine supposedly out to get him.

The surprise came in the next sentence. “This leader, of course, is Benjamin Netanyahu, Prime Minister of Israel.” The article was an investigation into what the author called “the politics of grievance” employed by both Netanyahu and Trump.

According to the article, at a recent rally in Israel,

Netanyahu seemed to channel Donald Trump. He even explicitly (mis)used the English phrase “fake news” to attack the supposedly biased mainstream media that’s out to get him. While Netanyahu and Trump are profoundly different—Bibi’s many faults aside, he is erudite, cautious, and experienced—the two men share an approach to confronting political adversity: divide and conquer, turn the spotlight on the “other,” create an other when none is available, and always, always, feed the base.

The parallels between these two flawed leaders include explicit attacks on so-called “elites,” including –prominently, especially–the press. And that assault is no small matter, because in democratic societies, the press is an essential watchdog, the only institution that mediates between the governed and their government. Imperfect, uneven and beleaguered as it is, the media is our only window into the world of politics and policy.

Autocrats want to break that window.

On “Meet the Press,” John McCain recently underlined the danger of attacks on the press.

“I hate the press. I hate you especially,” McCain told NBC’s Chuck Todd, according to excerpts of the interview set to air Sunday. “But the fact is we need you. We need a free press. We must have it. It’s vital. If you want to preserve – I’m very serious now – if you want to preserve democracy as we know it, you have to have a free and many times adversarial press. And without it, I am afraid that we would lose so much of our individual liberties over time. That’s how dictators get started.”

McCain’s comments came in response to a question about Trump’s recent declaration, made via Twitter, that the press is the “enemy of the American People.”

A recent article in Newsweek considered the nature of Trump’s persistent assaults on the press, and considered the potential consequences:

The President’s attacks may be reckless – who knows whether someone in his audience will take the President’s word as license to take action against enemies of the American people ? – but they are not without purpose.

They have concrete aims: to intimidate reporters into certain kinds of coverage, or clarify for his favored outlets what coverage he desires, or plant the seeds of doubt about news stories (such as the Russia investigation led by Robert Mueller).

The article goes on to detail the ways in which Trump’s hostility to investigative journalism is driving policy–efforts to shut down whistleblowers and others who might provide the press with information about government wrongdoing, and attacks on net neutrality:

For instance, the FCC’s proposal to undo network neutrality rules – those rules that implement a policy disfavoring content-discrimination by digital network operators – threatens the long-term viability of independent media, and does most damage to reporters and outlets that lack the audience and resources of existing media powerhouses.

These attacks on the media are reinforced by the proliferating propaganda sites on line, and by the ability to choose the “news” that reinforces one’s preferred worldview. Educators desperately need to teach news literacy, the ability to distinguish between responsible journalism and irresponsible click-bait.

In our political environment characterized by civic ignorance, hyper-partisanship and confirmation bias, how effective are the efforts by would-be autocrats and political partisans to undermine genuine journalism? How effective is persistent propaganda?

Unfortunately, as Vox tells us, a lot more effective than we like to think.

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Pence’s Protege?

Yesterday’s New York Times highlighted an amicus brief filed by prominent Republicans in the  gerrymandering case that will be heard by the Supreme Court this session.

Current and former GOP luminaries– including John McCain of Arizona; Gov. John R. Kasich of Ohio; Bob Dole, the former Republican Senate leader from Kansas and the party’s 1996 presidential nominee; the former senators John C. Danforth of Missouri, Richard G. Lugar of Indiana and Alan K. Simpson of Wyoming; and Arnold Schwarzenegger, a former governor of California–urged the Court to end the partisan redistricting that “has become a tool for powerful interests to distort the democratic process.”

Then there’s Indiana Attorney General Curtis Hill, who joined a very different “friend of the Court” brief, arguing that some partisanship is inevitable when legislators draw districts, there’s nothing “invidious” or improper about that reality, and even if there is, there’s no way for the Court to prove it.

So there!

Other than Hill, I have been pleasantly surprised by Indiana’s current Republican administration. Governor Holcomb seems eminently sane, and has focused on issues of governance–the “nitty-gritty” that Mike Pence ignored in favor of his crusades against Planned Parenthood, reproductive choice and gay people. Our current Superintendent of Public Instruction has actually demonstrated knowledge of and support for public education–a welcome change from the last Republican to hold that position.

Attorney General Hill is the exception. I knew nothing about him before his election, and not much more now, but his more newsworthy activities have been troubling, to say the least. It isn’t just his enthusiastic defense of gerrymandering–a position not universally shared even among Indiana Republicans. (The reform bill that failed in Indiana’s last legislative session was co-sponsored by Republican Representative Jerry Torr and Republican Speaker of the House Brian Bosma, both of whom evidently recognize that the process is pernicious.)

Hill has also clashed with the Centers for Disease Control over needle exchange programs. According to Indiana Public Media, Hill is accusing the federal Centers for Disease Control and Prevention of manipulating facts in order to push a “pro-needle-exchange agenda.” Hill insists that needle exchange programs increase drug use, a claim that medical research has consistently debunked.

The new U.S. Surgeon General (and former Indiana Health Commissioner) Jerome Adams has been a vocal proponent of syringe exchanges.

“There’s been no evidence that [a syringe exchange program] increases drug use,” says Dennis Watson, a researcher at the Fairbanks School of Public Health. On the contrary, he says, exchange programs can actually decrease the amount of injection drug use…

A Seattle-based study found that syringe exchange participants were five times more likely to enter treatment than those who didn’t participate.

Perhaps Hill hasn’t had time to review evidence about gerrymandering or the results of needle exchange research, since–as the Indianapolis Star recently reported–he has been busy redecorating his offices.

Indiana Attorney General Curtis Hill is spending hundreds of thousands of dollars on office renovations and a new state vehicle, sparking criticism from some budget leaders.

The renovations underway at Hill’s Statehouse office are expected to cost about $279,000. That includes $78,000 for new furniture, $71,000 for historic replica painting and $2,500 for seven reclaimed chandeliers. The six-room office is home to Hill and 10 to 15 of his top staffers.

Of course, Hill has found time to appeal rulings that favored Planned Parenthood, that protected the rights of LGBTQ citizens and that allowed police to pat down people to determine whether they’re carrying guns.He’s a perfect partisan culture warrior.

Mike Pence must be so proud…..

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How Not To Win Friends….Or Persuade People

When he was asked about policy disagreements, former Indiana Senator Dick Lugar had a favorite saying: “That’s something about which reasonable people can disagree.”

That attitude–that recognition that well-meaning people can come to different conclusions–is the foundation of civil discourse and democratic deliberation. Unfortunately, Americans have lost that essential insight (along with the reasonable GOP to which Lugar belonged).

What triggered this recollection was a distasteful display at a recent meeting of the Indianapolis Public School Board. (In the interests of full disclosure, our daughter is a member of that Board, which also includes a former student of mine.)

Serving on a school board, or City Council, or on one of the City’s many boards and commissions is often a (thankless) labor of love, undertaken by people who care deeply about the missions of those bodies and who spend innumerable hours reviewing reports and budgets and meeting with concerned citizens. That doesn’t mean that every decision they make is the right one, or the best that could be made–but in most instances, those decisions have been made in good faith after many hours of weighing the available information and debating alternatives.

Like many other urban districts, IPS educates significantly fewer students than it used to. In 1968, the district’s high school enrollment was 26,107; this year, it is 5,352. The current capacity of the seven high school buildings it operates is 14,450–nearly three times the number of students attending them. The money spent operating and maintaining buildings with so much excess capacity could be better spent improving classroom performance, and the  Board has recently faced up to the necessity of closing three of its underused schools.

Such decisions are always difficult and contentious.

The Board has scheduled meetings around the district to explain its deliberations and to hear community responses to the planned closures. At its most recent meeting, members heard from a self-identified “urban education expert” who holds an academic appointment at a local university. This individual has testified at previous Board meetings, and his presentations have been consistently arrogant and accusatory: he has lectured the Board that it is “amateurish,” accused members of being “bought and paid for,” and characterized their elections as “undemocratic.” Rather than a courteous sharing of perspective or evidence, he has delivered boorish, self-righteous  rants–the sorts of performances that give academics a bad name.

He outdid himself at the recent meeting. Board members had ulterior motives; board members hadn’t really looked at alternatives; the pending closures would ruin the lives of students whose schools were being closed. (I’m not making this up.) He topped it off by telling the white members of the Board they were racists. (He’s white.) He rarely looked at the Board during this extended diatribe; instead, he aimed his rhetoric at  the largely African-American attendees who were clearly his real audience.

Not exactly how one wins friends and influences decision-makers.

I don’t understand people who behave this way. I assume–perhaps naively–that people attend and testify at public meetings in order to influence policy, to offer perspectives that may not have been considered or pose questions that might not have been asked.

Telling policymakers that they are corrupt, racist ignoramuses who don’t know as much as you do is not a strategy likely to persuade them to your point of view, and it certainly isn’t the evidence-based, informative testimony we should expect from an “expert.” (It’s worth noting that, in the testimony I reviewed, he offered absolutely no alternative proposals or constructive suggestions. Just insults.)

If this episode of incivility was an anomaly, it wouldn’t merit a blog post, but such behaviors have become far too common in our toxic political age. Policy differences are no longer issues about which reasonable people can differ; instead, they are showdowns between good and evil. People with whom we disagree can’t simply be wrong, they must be  bigoted or “bought.”

This sort of indiscriminate nastiness is deeply corrosive. When everyone who comes to a controversial conclusion is labeled a corrupt racist, we lose the ability to identify people who truly are those things. Voters become cynical about our governing institutions, and public-spirited people–the very people we most need to involve in local government– retreat from public service.

I don’t know how we restore civility to public debate, but we need to figure it out. Sooner, rather than later.

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Trump’s Not The Only One Undermining the Rule of Law

One of the many reasons Trump’s pardon of Arpaio was so appalling was the nature of Arpaio’s behavior during the years he was sheriff. Trump’s pardon essentially endorsed the abuse of power.

Every time a public official–cloaked in the authority of the state–engages in self-serving, corrupt or unlawful behaviors, government legitimacy suffers. The most central principle of the rule of law is that no one is above it; the rules apply equally to the governed and those who do the governing.

Of course, if we don’t know what government officials are doing, we can’t enforce the rules.

One of the reasons our Constitution explicitly protects freedom of the press is because the press acts as a “watchdog,” ferreting out official misconduct. When Trump attacks unflattering coverage as “Fake News,” when Arpaio criticizes the press for pointing out that his actions are racist, they are attempting to delegitimize a critical element of Constitutional accountability.

Mother Jones recently provided an excellent example of how the system is supposed to work.  The magazine investigated and uncovered a Judge’s conflict of interest in the aftermath of an immigration raid that netted 400 undocumented workers. As the article notes, such workers are

usually charged with civil violations and then deported. But most of these defendants, shackled and dragging chains behind them, were charged with criminal fraud for using falsified work documents or Social Security numbers. About 270 people were sentenced to five months in federal prison, in a process that one witness described as a “judicial assembly line.”

Overseeing the process was Judge Linda R. Reade, the chief judge of the Northern District of Iowa… The incident sparked allegations of prosecutorial and judicial misconduct and led to congressional hearings. Erik Camayd-Freixas, an interpreter who had worked at the Waterloo proceedings, testified that most of the Spanish-speaking defendants had been pressured to plead guilty…

Yet amid the national attention, one fact didn’t make the news: Before and after the raid, Reade’s husband owned stock in two private prison companies, and he bought additional prison stock five days before the raid, according to Reade’s financial disclosure forms. Ethics experts say these investments were inappropriate and may have violated the Code of Conduct for United States Judges.

The subsequent discovery of emails and memos from Immigration and Customs Enforcement showed that in the months leading up to the raid, Judge Reade had repeatedly met with immigration officials and federal prosecutors. She had also attended a meeting with officials from the US Attorney’s Office where “parties discussed an overview of charging strategies,” according to ICE memoranda. In those meeting she learned that about 700 arrests were anticipated.

I’ve previously argued that prisons should never be privatized. Not only is incarceration an inherently governmental function, but the private prison industry lobbies (often successfully) for counterproductive public policies. Currently, CCA and Geo, the two largest prison companies, are actively resisting criminal justice reforms and the decriminalization of marijuana. The Mother Jones article points to a less-recognized danger–public officials succumbing to the temptation to “enhance” the value of their investments.

Today, dozens of people who were sentenced by Reade while her husband owned prison stock remain behind bars. According to the US Sentencing Commission, the Northern District of Iowa, where Reade sits, sends a significantly higher proportion of defendants to prison, and with longer sentences, than the national average.

Can we spell “appearance of impropriety”?

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