When The Bar Is Low Enough…

In a recent column for The Atlantic, David Frum reacted to the Barr version of the Mueller Report by pointing out that the special counsel’s task was limited to investigation of legal liability.

And as he noted, absence of clearly prosecutable criminal behavior is a pretty low bar.

Frum was a speechwriter for George W. Bush; in my view he has substantially if not totally redeemed himself with a series of thoughtful columns intensely critical of the current occupant of the Oval Office. This column made several important points after a satisfyingly snarky initial paragraph:

Good news, America. Russia helped install your president. But although he owes his job in large part to that help, the president did not conspire or collude with his helpers. He was the beneficiary of a foreign intelligence operation, but not an active participant in that operation. He received the stolen goods, but he did not conspire with the thieves in advance.

Frum focuses in on the important question that Barr’s summary suggests remains unanswered, although the actual report may shed some light on it.

The question unanswered by the attorney general’s summary of Special Counsel Robert Mueller’s report is: Why? Russian President Vladimir Putin took an extreme risk by interfering in the 2016 election as he did. Had Hillary Clinton won the presidency—the most likely outcome—Russia would have been exposed to fierce retaliation by a powerful adversary. The prize of a Trump presidency must have glittered alluringly, indeed, to Putin and his associates. Why?

Frum considers some of the possible reasons: Trump’s distaste for NATO, his contempt for the rule of law, or (my own guess) the possession of information with which they might compromise him. Whatever the reason, the conclusions to be drawn from what we do know are now to be acted upon by Congress and the voters.

The 2016 election was altered by Putin’s intervention, and a finding that the Trump campaign only went along for the ride does not rehabilitate the democratic or patriotic legitimacy of the Trump presidency. Trump remains a president rejected by more Americans than those who voted for him, who holds his job because a foreign power violated American laws and sovereignty. It’s up to Congressto deal with this threat to American self-rule.

Mueller hasn’t provided answers, so much as he has posed a question: Are Americans comfortable with this president in the White House, now that they know he broke no prosecutable criminal statutes on his way into high office?

This American isn’t.

We learned during the Nixon debacle that “I am not a crook” is an insufficient qualification for the office.

Comments

“The Black Guy Did It!”

Have you noticed that whenever there is a particularly sharp public outcry over something Donald Trump is doing–a level of pushback that exceeds the expressions of distaste, disagreement and/or horror that regularly greet his version of “policy”–he blames whatever it is on Obama?

The Washington Post gives four Pinocchios to the latest example of Trump’s “don’t blame me, it was the black guy who did it” evasion, his insistence that his inhumane and illegal family separation policy was really Obama’s. They quote him:

“President Obama had child separation. Take a look. The press knows it, you know it, we all know it. I didn’t have — I’m the one that stopped it. President Obama had child separation. … President Obama separated children. They had child separation. I was the one that changed it, okay?”

Trump keeps doubling down on that falsehood. Every time he is attacked about family separation, he repeats it. As the Post reports,

This is a Four Pinocchio claim, yet Trump keeps repeating it when he’s pressed on family separations.

Repetition can’t change reality. There is simply no comparison between Trump’s family separation policy and the border enforcement actions of the Obama and George W. Bush administrations.

In the article, the fact-checker reports that the Obama Administration had actually rejected such a proposal, and that neither the Obama Administration nor the Bush Administration had created or enforced a policy of family separation.

The zero-tolerance approach is worlds apart from the Obama- and Bush-era policy of separating children from adults at the border only in limited circumstances, such as when officials suspected human trafficking or another kind of danger to the child or when false claims of parentage were made.

The article concludes with quotes from Trump–responses to questions, tweets, etc.–documenting the number of times he repeated the lie that the policy was inherited from Obama, and the article links to the copious database of Trump lies that the newspaper maintains.

This particular falsehood illustrates the two utterly reliable aspects of the man who inexplicably occupies the Oval Office: his hatred of Barack Obama (how dare a black man be so obviously superior to him?) and people of color generally; and his inability to tell the truth. (I’m not sure he even recognizes the difference between objective facts and his preferred fantasies.)

The problem is, as Joseph Stiglitz has  recently reminded us,  America’s successes–both moral and economic–have rested on a process of experimentation, learning and adaptation that requires a commitment to ascertaining the truth.

Americans owe much of their economic success to a rich set of truth-telling, truth-discovering and truth-verifying institutions. Central among them are freedom of expression and media independence. Like all people, journalists are fallible; but, as part of a robust system of checks and balances on those in positions of power, they have traditionally provided an essential public good.

America’s “greatness” has depended upon–and varied with– the extent to which the nation has adhered to that truth-telling and has honored human rights and the rule of law. Greatness is not a product of bluster, or White Supremacy, or faux Christianity, or the worship of wealth and power and celebrity; it is a product of evidence-based allegiance to individual liberty and civic equality.

If we really want to make America great, we need to eject Trumpism, with its racism and “alternate facts,” not just from the White House, but from American culture.

Comments

How Shall Trump Kill Us? Let Us Count The Ways…

Just in the past week, I’ve come across several accounts of the Trump Administration’s war on regulation–you know, those pesky rules that impede commerce by denying businesses the “liberty” of selling shoddy and dangerous goods to an unwary public.

First, the Washington Post has reported on changes at the Consumer Product Safety Commission.

The crashes were brutal. With no warning, the front wheel on the three-wheeled BOB jogging strollers fell off, causing the carriages to careen and even flip over. Adults shattered bones. They tore ligaments. Children smashed their teeth. They gashed their faces. One child bled from his ear canal.

Staff members at the Consumer Product Safety Commission collected 200 consumer-submitted reports from 2012 to 2018 of spontaneous failure of the stroller wheel, which is secured to a front fork by a quick-release lever, like on a bicycle. Nearly 100 adults and children were injured, according to the commission. The agency’s staff members investigated for months before deciding in 2017 that one of the most popular jogging strollers on the market was unsafe and needed to be recalled.

The manufacturer refused to issue a voluntary recall of the nearly 500,000 strollers, insisting they were safe when used as instructed. The agency sued.

Then Trump was elected.

 According to a review of documents by The Washington Post and interviews with eight current and former senior agency officials, the agency’s Republican chairwoman kept Democratic commissioners in the dark about the stroller investigation and then helped end the case in court.

The settlement did not include a recall or formal correction plan.

Paul Krugman’s column in the New York Times looks at food inspections.His column’s title– “Donald Trump is Trying to Kill You”–isn’t really an exaggeration. As Krugman notes, even if he’s a one-term president, Trump will have caused, directly or indirectly, the premature deaths of a large number of Americans.

Some of those deaths will come at the hands of right-wing, white nationalist extremists, who are a rapidly growing threat, partly because they feel empowered by a president who calls them “very fine people.”

Some will come from failures of governance, like the inadequate response to Hurricane Maria, which surely contributed to the high death toll in Puerto Rico. (Reminder: Puerto Ricans are U.S. citizens.)

Some will come from the administration’s continuing efforts to sabotage Obamacare..

But the biggest death toll is likely to come from Trump’s agenda of deregulation — or maybe we should call it “deregulation,” because his administration is curiously selective about which industries it wants to leave alone.

The administration recently announced plans to allow hog plants to take over a large part of what is currently federal responsibility for food safety inspections.

And why not? It’s not as if we’ve seen safety problems arise from self-regulation in, say, the aircraft industry, have we? Or as if we ever experience major outbreaks of food-borne illness? Or as if there was a reason the U.S. government stepped in to regulate meatpackingin the first place?

Krugman notes that the administration also wants to roll back rules that limit emissions of mercury from power plants, and has acted to prevent the EPA from explaining the benefits of reduced mercury emissions. But the Trump  Administration is very worried about supposed negative side effects of renewable energy, negatives which, as Krugman points out, “generally exist only in their imagination.”

Last year the administration floated a proposal that would have forced the operators of electricity grids to subsidize coal and nuclear energy. The supposed rationale was that new sources were threatening to destabilize those grids — but the grid operators themselves denied that this was the case.

An administration willing to “trust” pork producers insists that wind turbines cause cancer. This may just be because the President is monumentally ignorant (and clinically insane), but Krugman reminds us to follow the money.

Political contributions from the meat-processing industry overwhelmingly favor Republicans. Coal mining supports the G.O.P. almost exclusively. Alternative energy, on the other hand, generally favors Democrats.

Baby strollers, I assume, are manufactured by contributors to the GOP…one of the consolations of old age is no longer having a baby to stroll…

Thanks to growing up kosher, I still don’t eat pork. The rest of you might rethink that too.

Comments

Checks And Balances

There’s a reason Donald Trump has been focused on the selection and seating of highly partisan judges with little to no judicial experience. When he is sued over his autocratic actions, and the cases are heard by competent judges currently on the bench, he loses. Bigly.

The courts are part of that “checks and balances” thing the Founders were so hung up on.

The Washington Post considered Trump’s “win-loss” ratio, and Ed Brayton (Dispatches from the Culture Wars) commented on the report.

The Washington Post looks at the track record of legal challenges to Donald Trump’s policies, especially in regard to changing Obama-era regulations and issuing executive orders, and finds that he’s losing those cases in court at an astonishing, but predictable, rate.

It’s clear from the Post’s report that Trump and his cabinet of incompetents lost a number of cases simply because they ignored relevant laws prescribing the process that had to be followed.

Federal judges have ruled against the Trump administration at least 63 times over the past two years, an extraordinary record of legal defeat that has stymied large parts of the president’s agenda on the environment, immigration and other matters.

In case after case, judges have rebuked Trump officials for failing to follow the most basic rules of governance for shifting policy, including providing legitimate explanations supported by facts and, where required, public input…

“What they have consistently been doing is short-circuiting the process,” said Georgetown Law School’s William W. Buzbee, an expert on administrative law who has studied Trump’s record. In the regulatory cases, Buzbee said, “They don’t even come close” to explaining their actions, “making it very easy for the courts to reject them because they’re not doing their homework.”

Somehow, “homework” isn’t a word one associates with Trump, or with the Keystone Kop assortment of cabinet officials he has appointed. Usually, the “win rate” for government in these sorts of cases is about 70 percent. But as of mid-January of this year, a database at the Institute for Policy Integrity at the NYU Law School shows Trump’s win rate at about 6 percent.

Actually, that’s not bad for someone who clearly isn’t familiar with even 6% of the Constitution, and who has exhibited 0% knowledge of the rules and norms governing the office he holds.

Ed Brayton, as usual, cuts to the heart of the issue:

There’s a simple reason this is happening and it goes back to the old proverb that a fish rots from the head down. Trump could not possibly care any less about pesky things like legal protocols and requirements. He thinks if he just bellows out “I want this done,” it gets done. Following proper legal procedures is for the little guy, the plebes, the rabble, not for narcissistic wannabe dictators who are used to getting their way.

The only way Trump, McConnell and today’s GOP can game the system going forward is by corrupting the judiciary. And on that, their progress should terrify us all.

Comments

The Trump Effect

The more I learn about Trump’s Washington, the more nauseated I become.

I recently came across an article in the Washingtonian, looking at the ways in which Trump’s Presidency has changed lobbying.The lead-in to that discussion was a report detailing another “Trump effect”–his negative effect on tourism.

The development, Dow explains, was rooted in several forces, including a stronger US dollar, economic weakness in Latin America, and dirt-cheap airfare in Europe. But there was another factor, Dow says: “the Trump effect.” The 2017 executive order blocking entry to citizens from six majority-Muslim countries, and the President’s hostile proclamations about immigration, had signaled to foreigners they weren’t welcome here, even if they only wanted to spend money in Times Square and go home.

Understandably, travel agencies and their lobbyists wanted to “change the rhetoric.” In previous administrations, the lobbyists would have started with the bureaucracy, whose officials the lobbyists usually knew.

In Trump’s government, though, the rhetoric came from the President’s own gut. Sharing policy insight with an agency functionary wasn’t going to help. They had to plant their talking points in front of POTUS himself. But how?

The coalition hired S-3 Public Affairs, one of the many DC lobbying-and-media-consulting firms scrambling to adjust to the city’s new power structure. In prior years, says S-3 partner Amos Snead, the firm might have designed an “outside-in” approach—collect letters or petitions from industry backers around the country, bring them to Washington, and use the testimonials to influence lawmakers, agency officials, and other thought leaders. Trump’s Washington, Snead believed, required a different approach. He sensed there might be a more direct path into the President’s head, via one of his favorite mediums: Twitter.

They followed Trump’s movements and sent their ads to IP addresses that covered wherever he was. This is what’s known in the industry, as the “audience of one” strategy—and according to the article, it’s become a staple of the business of Washington under Trump.

We may be critical of bureaucracy, but individual bureaucrats typically know a great deal about their particular area of governance. Lobbyists who want to be effective have to pitch their arguments to people who can immediately spot the weaknesses, ask pertinent questions, and “vet” proposals before sending them on up the chain of command.

Not in Trumpworld. He Who Knows Nothing responds only to flattery, so lobbyists now bypass informed underlings (to whom Trump doesn’t listen anyway.) Now…

During at least the first seven months of the new administration, staffers in the White House communications department compiled flattering news stories about Trump into packets, which they delivered to the President twice a day. According to a former White House aide, as the packet made its way to the Oval Office, additional officials inserted other news articles they wanted the President to read. “It would typically be, like, Stephen Miller putting his latest race-baiting story in there,” the former White House aide says.

When consultants and lobbyists learned about the folder, they saw a fresh opportunity. One Republican consultant told me he was able to plant stories favorable to his corporate clients in Breitbart News—the far-right outlet once run by Trump’s former strategist, Steve Bannon—and then pass those stories to a friend in the White House, who in turn slipped them into the daily packet destined for the Oval. “If you have a friend in there who can get something on the Resolute desk,” the consultant says, “it doesn’t really matter what the source [of the information] is anymore.”

And then there’s television…

The cornerstone of the audience-of-one strategy, though, is Trump’s love affair with television. After the election, consultants began buying commercial time during Fox & Friends, the conservative morning show that the President is known to watch religiously. But how do you get a 72-year-old man with no interest in policy to watch a commercial on ethanol subsidies? Well, the influencers decided, you find old footage of Trump discussing the issue on the campaign and make him the star of the commercial.

“The President’s favorite topic is himself,” says a Republican consultant. “What better way to get him interested in a message than by providing him with the thing that he’s most obsessed with?”

There’s much more along these lines in the article. Those of you with strong stomachs should click through and read it. I’ll just warn you that the policy process in Trumpville looks nothing like the one I’ve been teaching for twenty years.

As for me–I’m just going to go throw up now.

Comments