Playing Cozy With The Nazis

It is getting very scary.

Over the past several years–aided and abetted by Trump’s normalization of racism and anti-Semitism–the GOP has become less and less distinguishable from its Neo-Nazi fringe, and less embarrassed by the relationship.

Just a few of the many available examples:

In Washington State, the Republican Party is paying a pro-Nazi blogger.

Arnold runs the far-right Telegram account “Pure Politics,” which traffics in Jan. 6 conspiracy theories, praise of controversial lawmakers, and anti-COVID-containment sentiments. It also has more than 12,000 followers who frequently comment with racist and antisemitic language.

But Arnold himself has said plenty of distressing things. As CNN reported last year, Arnold has advocated shooting refugees, killing undocumented immigrants, and has posted praise for Nazi Germany. He actually once said Adolf Hitler was “a complicated historical figure which many people misunderstand.”

 In a statement shared last week with The Daily Beast, the communications director for the Washington Republican Party, Ben Gonzalez, didn’t deny Arnold’s employment but claimed his tenure was short-lived.

The paid tenure may have been “short lived,” but the party’s relationship with Arnold isn’t. The GOP congressional candidate who won this year’s Republican primary was photographed alongside Arnold, “a move praised by his followers.” 

Other media outlets have reported on Arnold’s strong ties to white nationalist Nicholas Fuentes. Fuentes leads a group of “college-aged, far-right activists that refer to themselves as “groypers”—a rebranding of the racist alt-right movement”–and within the far-right “America First” movement, Arnold is a lieutenant.

The embrace of Nazi ideology isn’t limited to Washington State, nor to organized far-right groups. Arizona gubernatorial candidate Kari Lake has endorsed an “out and proud” Oklahoma anti-Semite. Doug Mastriano, running for Governor of Pennsylvania, has a long history of anti-Semitism and has made anti-Jewish attacks on his Jewish opponent.

As one media outlet put it, 

From Dr. Oz in front of Hitler’s car to Marjorie Taylor Greene spouting the Great Replacement Theory to the GOP supporting Kanye West—the message is clear.

GOP officials have praised figures like Hungary’s Victor Orban, and Americans have been treated to a stream of pro-Putin, pro-Orban, anti-Semitic propaganda by Fox News figure Tucker Carlson.

Even though Fox News star Tucker Carlson’s interview with Kanye West was so expansive that it ran during both his Thursday and Friday night broadcasts, it appears the far-right cable host left out plenty of newsworthy footage, Motherboard reported on Tuesday.

These segments of the interview omitted from the final broadcasts showed the rap superstar, now known as Ye, casually peddling antisemitism while making strange claims about “fake children” used to manipulate his own kids.

Last week, before West went on an antisemitic tantrum on social media, he was welcomed on Carlson’s show to discuss the backlash he faced for donning a “White Lives Matter” shirt alongside right-wing provocateur Candace Owens at Paris Fashion Week.

 In the interview that aired on Fox News, Carlson presented West as a conservative folk hero, praising his “interesting, deep, provocative” observations on politics and social issues, even shrugging off concerns about West’s mental-health issues and documented struggles with bipolar disorder.

Carlson has been a major apologist for the so-called “replacement theory”–the fear expressed by far-right White Christian Males that they will be “replaced” (displaced from their perceived status as “real” Americans) by Jews and people of color. The men who rioted in Charlottesville chanted “Jews shall not replace us.”

Almost immediately after his appearance on Carlson’s show,  West used social media to issue antisemitic threats against Jewish people and was locked out of both his Instagram and Twitter accounts. Carlson has ignored the controversy and has continued to laud his “standing up for oppressed white people., as have most Congressional Republicans

Kanye West –now “Ye”–is currently a Republican celebrity, one of a small number of Blacks being used by the GOP to rebut charges of racism. (“I can’t be racist. Some of my best friends/current candidates are…”) Hershel Walker is another. As several pundits have commented, the issue for these cynical Republicans is how to handle personalities like West and Walker, both of whom have publicly struggled with mental health issues and seem unaware of their status as pawns.

As one observer put it, “I am not personally worried that Kanye is going to bomb a synagogue or something like that. I’m more concerned that there is a huge political movement that’s holding him up as this figure.”

Members of disfavored minorities used to worry about rightwing “dog whistles.” These days, the GOP isn’t bothering to whistle–instead, the party (now fully captured by its one-time fringe) is enthusiastically embracing its inner bigot.

The parallels with Germany in the 30s are too obvious to miss.

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The Judicial Crisis

Those of us who are, or have been, lawyers have watched the litigation over Trump’s purloined documents with amazement bordering on mystification. Suddenly, the potential consequences of Trump’s appointment of rogue judges are too dire to ignore.

The crises within the federal judiciary aren’t all new. During my years in the academy, I was a subscriber and occasional participant of the Law and Courts listserv–a forum for professors of law and political science. Well before McConnell’s shocking departure from constitutional and democratic norms, or Trump’s nomination of only Federalist Society favorites, scholars had focused on the need to expand the Supreme Court–a need prompted by increased workloads leading to fewer decisions. 

Participants also raised concerns about the increasing politicization of the courts. As an article in Politico recently put it, the widely ridiculed–and clearly political– Cannon ruling

underscores the deep fragility of judicial independence and the extraordinary strains it’s of late experienced. The episode is further a timely reminder that there’s no guarantee that an independent judiciary will survive. Just like other public institutions, American courts can unravel and lose public trust, with no easy way to get it back.

The lifetime appointments of federal judges were intended to shield jurists from political pressure, leaving them free to issue decisions based upon their reading of the law, rather than partisan passions. The Founders seemed not to worry about the possibility of politicized appointments.

As Politico noted,

the drafters of the Constitution assumed that there was little risk of politicized appointments for two reasons. First, they expected the supply of qualified judges to be very limited. Second, they viewed the Senate as a disinterested body, “standing above politics.” Of course, both assumptions quickly foundered with the rise of law schools and national political parties. And the federal judiciary attracted partisan labels as early as 1800. Judicial independence, in short, was compromised early and deeply by the failure of the framers’ guiding assumptions.

Commenters to that Law and Courts listserv also noted the effects of longer lifespans on the federal judiciary, and advocated term limits that would be long enough to shield judges from the immediacy of political repercussions (the preferred term was 18 years) to mitigate concerns over terms stretching into judicial dotage. 

Now, concerns about the state of the judiciary extend well beyond academic discussions.

It is in this context of pervasive skepticism about the quality of American courts that Cannon issued her order. In its details, it confirms and exacerbates skepticism about the idea of an apolitical bench. Even conservative commentators have flagged its sharp swerve from the normal treatment criminal suspects receive based on “irrelevant” considerations about Trump’s “reputation.” Concerns were stoked when Trump’s lawyers “went shopping” for a judge he’d appointed — rather than appear before the magistrate who’d issued the original warrant — and who’s received death threats for his pains from the former president’s supporters. And they flared further when Cannon telegraphed her intention to rule for the president who appointed her even before the Justice Department had filed any papers.

Cannon’s order, then, is troubling not just in isolation as a “deeply flawed” decision on its specific merits. It also should worry because it seems to affirm, and hence accentuate, a larger narrative of fracturing judicial independence.

Jamelle Bouie addressed the issue of a politicized judiciary in a recent New York Times essay. His recommendation echoed that of the scholars on the listserv: expand and reorganize the federal court system.

The practical reason to increase the number of courts and judges is that the country is much larger than it was in 1990, when Congress made its last expansion, adding 11 seats to the circuit court system and 61 seats to the district court system. This was modest compared with a change in 1978, when President Jimmy Carter signed the largest judiciary expansion in history, creating 150 new judgeships and expanding the entire federal bench by more than a third.

In the 32 years since 1990, the United States has grown from a population of roughly 250 million to a population of over 330 million. More people means more legal disputes, more legal disputes means more cases, more cases means more work. And the federal judiciary is swamped. Last year, the Judicial Conference of the United States, a nonpartisan policymaking body for the federal courts, recommended that Congress create 79 new judgeships across existing district and appeals courts.

Congress, and here I mean Democrats, should go further with a court expansion to rival Carter’s. They should create new circuits, new courts and new judgeships. The goal is simple: to account for growth and to deal with the problem of a cohort of hyperpartisan and ideological judges whose loyalty to Trump may outweigh their commitment to the law.

I agree. But it won’t happen if Americans don’t vote Blue No Matter Who this November.

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Accounting For MAGA

In a recent newsletter from The Atlantic, Tom Nichols echoed a frustration of my own. He wrote that, in his lifetime, he’d seen” polio defeated and smallpox eradicated. Now hundreds of thousands of Americans are dead—and still dying—because they refused a lifesaving vaccine as a test of their political loyalty to an ignoramus.”

Ever since 2016, a significant percentage of my posts have revolved around the reality (or actually, the unreality) of that political loyalty, and my inability to understand what–other than racial grievance–might account for it.  Study after study, however, has confirmed that it is, indeed, racism that explains support for Trump and the MAGA movement.

The Guardian recently published an article building on that research. The author began by commenting on President Biden’s forceful condemnation of Trump and MAGA, and as he noted, that attribution was correct —so far as it went.

The deeper, more longstanding threat, however, was articulated by historian Taylor Branch in a 2018 conversation with author Isabel Wilkerson recounted in Wilkerson’s book Caste. As they discussed how the rise of white domestic terrorism under Trump was part of the backlash to the country’s growing racial diversity, Branch noted that, “people said they wouldn’t stand for being a minority in their own country”. He went on to add, “the real question would be if people were given the choice between democracy and whiteness, how many would choose whiteness?”

 Whiteness is the deeper threat because championing whiteness is what makes Trump powerful. People forget that Trump was not particularly well-regarded before he started attacking Mexican immigrants and signaling to white people that he would be the defender of their way of life. In the months before he launched his campaign, he was polling at just 4% in the May 2015 ABC/Washington Post poll. After stirring the racial resentment pot, his popularity took off, growing exponentially in a matter of weeks and propelling him to the front of the pack by mid-July 2015 when he commanded support of 24% of voters, far ahead of all the other Republican candidates.

Of course, Trump’s discovery of the power of racism is nothing new. (That’s why the Right doesn’t want accurate history taught in our schools.) The author quoted George Wallace’s epiphany:  “I started off talking about schools and highways and prisons and taxes – and I couldn’t make them listen. Then I began talking about n—–s – and they stomped the floor.”

People who’d dismissed Trump as a loudmouth buffoon “stomped the floor” when he began talking about (brown) Mexicans and Muslims.

The article reminded readers of Wallace, Nixon’s “southern strategy,” and the fact that David Duke–an “out and proud” Klansman–had attracted the support of 44% of Louisiana’s voters when he ran for the U.S. Senate.

The good news is that the proponents of whiteness do not command majority support. The original Confederates themselves were in the minority and represented just 11% of the country’s white population. People who enjoy majority support have no need to unleash fusillades of voter suppression legislation in the states with the largest numbers of people of color. Yet, from the grandfather clauses of the 1800s to the restrictive voting laws passed last year in the south and south-west, we are seeing an unrelenting practice of trying to depress and destroy democracy by engaging in what the writer Ron Brownstein has described as, “stacking sandbags against a rising tide of demographic change”.

It’s one thing to confirm that a majority of Americans aren’t racist. It’s another thing to ensure that the people in that majority turn out to vote. As the author says,

In order to defend democracy and win the fight for the soul of the nation, two things must happen. One is to make massive investments in the people and organizations working to expand voting and civic participation. Coalitions like America Votes Georgia and Arizona Wins played critical roles in bringing hundreds of thousands of people of color into the electorate, helping to transform those former Confederate bastions.

We also need to “name and shame” the numerous political figures who are appealing to racist sentiments in order to turn out their supporters. Too many liberals shrink from calling out those who are trafficking in racism–it seems so uncivil. But racism is also uncivil–and far more dangerous.

To ultimately prevail in this defense of our democracy, we must clearly understand the underlying forces imperiling the nation, name the nature of the opposition, and summon the majority of Americans to unapologetically affirm that this is a multi-racial country.

This is a test, and we cannot afford to fail.

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So Much For Sportsmanship

Speaking of election denialism…

Most of us remember youthful ball games with the whiny little kid who responded to losing  by taking his ball and bat and going home. Most of us also remember parental lectures on what “good sportsmanship” means, and why fair play and graciousness in losing is so important.

It appears that the GOP has jettisoned those values, along with the precepts formerly associated with genuine Christianity. (Evidently, none of those ethical principles are consistent with the party’s growing devotion to QAnon…)

The Washington Post recently questioned a number of current GOP candidates for public office, and reported that at least a dozen Republican candidates running for governor and Senate simply refused  to say whether they would accept negative results of their contests.

In a survey by The Washington Post of 19 of the most closely watched statewide races in the country, the contrast between Republican and Democratic candidates was stark. While seven GOP nominees committed to accepting the outcomes in their contests, 12 either refused to commit or declined to respond. On the Democratic side, 18 said they would accept the outcome and one did not respond to The Post’s survey.

Trump, of course, has continued to claim– without a scintilla of evidence– that his loss to Joe Biden in 2020 was rigged. Since he attacks fellow Republicans unwilling to agree, the article notes that he has made election denialism the price of admission in many GOP primaries, with the result that more than half of all Republican nominees for federal and statewide offices that administer elections “have embraced unproven claims that fraud tainted Biden’s win, according to a Washington Post tally.”

As I’ve repeatedly noted, one of them is running for Secretary of State here in Indiana.

In competitive races for governor or Senate in Arizona, Florida, Kansas, Michigan, New Hampshire, North Carolina, Pennsylvania and Texas, GOP candidates declined to say that they would accept this year’s result. All but two — incumbent senators Ron Johnson of Wisconsin and Marco Rubio of Florida — have publicly embraced Trump’s false claims about 2020, according to a Post analysis.

Seven Republicans did pledge to accept the results. One of them was  Colorado Senate contender Joe O’Dea.

O’Dea, who is behind in the polls as he attempts to unseat incumbent Colorado Sen. Michael F. Bennet (D), did not reference Trump by name, but used his response to offer notably sharp criticism of candidates who refuse to concede when they lose.
“There’s no polite way to put it. We have become a nation of poor sports and cry babies,” said O’Dea. “We’ll keep a close eye on things, but after the process is done and the votes are counted, I’ll absolutely accept the outcome. If the Senator is up for it, we can certify it over a beer. It’s time for America’s leaders to start acting like adults again. Loser buys.”

This growing unwillingness to accept the results of an election is no small thing.

Elections have been defined as a substitute for armed conflict–rather than taking to the streets, democratic polities choose “champions” (aka candidates) who take their arguments to the people. The people vote, and the loser accepts their verdict (usually biding his or her time until the next election cycle). Violence averted, governance continued.

That, of course, is the ideal. And there are plenty of reasons to criticize America’s current conduct of elections– gerrymandering, the greater weight given to rural votes, social media campaigns sowing disinformation, the outsized influence of money, and the widespread lack of civic literacy among the voting population. I do not mean to minimize the significance of those factors, or their ability to affect the results of electoral contests.

We definitely need to address the multiple defects in our electoral processes. We need to streamline registration and minimize state-level game-playing, and we clearly need to make it easier rather than harder to vote.

But none of those defects means that the result of a given election contest is “rigged.” 

“If I win, it was a fair election. If I lose, it was rigged.”  Heads I win, tails you lose is, as O’Dea put it, the position of a cry baby–the modern iteration of the poor sport who responded to a loss by taking his ball and bat and going home. It is also a position absolutely incompatible with a functioning democracy.

Those of us who support a candidate who loses can point to lots of reasons why voters supported the “wrong” candidate. But in the continued absence of provable fraud, our civic obligation is to suck it up and concede. 

The Republican candidates who are telling us they will refuse to abide by  results they don’t like are telling us who and what they are.  Believe them.

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It Isn’t Just Space Lasers

I’ve made a lot of fun of Marjorie Taylor Greene’s accusation that California’s fires aren’t the result of climate change, but instead were started by Jewish Space Lasers financed by George Soros. Greene and her loony-tunes ilk are perfect representations of an anti-Semitism that continues to attribute super-powers to an invented Jewish “cabal.” (Elders of Zion, anyone?)

If only we Jews were really that powerful…

There’s a robust academic literature attempting to explain some people’s need to pin the world’s woes on an identifiable, deliberate and malevolent group–and as Hitler figured out, it helps if the group chosen to be the bad guys is numerically small and unable to effectively protect itself.

Whatever has made Jews the “chosen” people to blame, it seems the contemporary GOP has become the preferred home for today’s anti-Semites, whose versions are marginally less whack-a-doodle than Greene’s, and for that reason, pose more of a threat.

A recent article in the Intercept recounted the then-Republican rejection of Pat Buchanan’s version of anti-Semitism, then contrasted it with what is occurring today.

Trump resurrected Buchanan’s strain of populist nationalism. He’s always nurtured business relations and personal ties with Jewish people, but his revival of “America First” — both the slogan and the ideas surrounding it — inevitably excited antisemites. In 2016, he tweeted out an image using a Star of David to symbolize Hillary Clinton’s “corruption.” The Trump campaign tweeted an altered version after an outcry but then ran an ad in the campaign’s closing days decrying “a global power structure that is responsible for the economic decisions that have robbed our working class, stripped our country of its wealth and put that money into the pockets of a handful of large corporations and political entities” coupled with images of Janet Yellen, George Soros, and Lloyd Blankfein — all of whom are financial figures who happen to be Jewish.

Trump attacked his critics as a cabal of “globalists” and fixated on the secret powers exerted by Soros, who has displaced (or in some cases joined) the Rothschilds in the imagined role of secret Jewish financier orchestrating a series of catastrophes for profit. The explosion of militant paranoia that followed Trump’s rise — from the Oath Keepers to QAnon — has appeared both online and in the real world with occasionally deadly consequences in places like Charlottesville and Pittsburgh. Although much of this activity has taken place outside the party system, the energies on the right have crept into the Republican Party.

The article went on to report anti-Semitic statements by high-level Republicans (including a spokesperson for Ron DeSantis) and the close relationship of Doug Mastriano, Pennsylvania’s GOP nominee for governor, with the ultra-right-wing social-media site Gab. (The site promotes Christian Nationalist themes, and its chief executive is an “out and proud” antisemite “who has promoted Mastriano as a fellow enemy of the Jews.”)

Is it fair to criticize the Republican Party for the views of its most distasteful members? The Intercept article is lengthy, with a number of other examples, but I found the closing paragraphs pretty persuasive.

There is a simple test to measure their influence. If antisemites were too marginal to pose any danger, it would be easy enough for the party to cut them off. (If you want to know what it looks like when Republicans decide to really throw somebody out of their party, look at their treatment of Liz Cheney.) Instead, they vacillate. House Minority Leader Kevin McCarthy declined to comment on Gosar’s attendance at white nationalist Nick Fuentes’s conference. McCarthy has likewise promised to restore Greene’s committee privileges if Republicans regain the majority.

Prosecutors have found that Trump’s January 6 rally attracted a significant number of people who share Hitler quotes, hold membership in neo-Nazi organizations, have a fixation with “white genocide,” and the like, making the party leadership’s desire to sweep the whole thing under the rug all the more dangerous. Whatever misgivings the remaining old-line Republicans may have toward the militant cadres Trump inspired, Republicans fear their political and even terroristic power. They no longer imagine they have the gatekeeping force to exclude the antisemites, less still to steer the party away from the kind of paranoid rhetoric that invites their participation.

The GOP’s overriding goal is to win, and it has decided this means accepting the support of anybody who will provide it. For three-quarters of a century, antisemites were locked out of major American politics or at least had to keep their bigotry quiet. Now the door is open.

I guess a Republican Party that has been deserted by  people who are pro-choice, pro- LGBTQ, pro-public school, pro-gun safety regulation and pro-environment needs to replace those groups with whoever is handy…

However, watching them scrape the bottom of the barrel is making me feel distinctly unsafe.

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