Cherry-Picking And The Rule Of Law

If we assume that humanity will survive into the future–and that there will indeed be future historians attempting to understand the decisions and assorted insanities of the particular era in which we find ourselves–they may well dub ours the “Age of Cherry-picking.”

Think about it: we increasingly choose to rely on information that confirms our preferred beliefs. We routinely dismiss evidence that is inconsistent with our prejudices, ignore realities that are inconvenient, and resist information that challenges our world-views.

I can just see those future historians trying to figure out why more of us didn’t call out the hypocrisies.

Think, for example, of that go-to bible verse cited most recently by Jeff Sessions–the one that supposedly instructs believers to follow even laws they dislike. That verse, which Sessions used to support the administration’s “zero tolerance” immigration policy, has  also been cited to support slavery and “the Southern way of life.”

Religious groups opposed to the policy found and cited their own biblical selections.

“The Bible teaches that God ‘loves the foreigner residing among you, giving them food and clothing. And you are to love those who are foreigners, for you yourselves were foreigners in Egypt’ (Deuteronomy 10:18-19).”

Since Trump’s election, a casual review of Facebook posts hurling biblical quotes back and forth would suggest that Republican and Democratic Christians own very different versions of the Bible. (Not that the Bible should even enter into a discussion of civil law in a nation that separates Church and State…)

On the issue of immigration, until he was forced by public outrage to moderate the policy, Trump had insisted that his administration had no choice but to separate children from their parents, because it was “a law” and his administration enforces all the laws. 

Speaking of cherry-picking….

As Howard Gleckman recently wrote for Forbes,

Question: What does the Trump Administration’s policy decision to separate immigrant children from their parents at the Mexican border have in common with its policy decision to refuse to enforce IRS curbs on church involvement in political campaigns?

Answer: Nothing.

As Gleckman noted, the administration’s insistence that the law required the separation of children from parents was somewhere between dubious and inaccurate.

But the Administration’s absolute claim that it must enforce laws, even if it disagrees with them, turns out to be somewhat…situational.

Twice in the last three weeks, in formal remarks, Vice President Mike Pence said the Administration would ignore another statute: The Johnson Amendment that bars 501(C)(3) non-profits, including houses of worship, from participating in political campaigns for, or against, a candidate.

Pence could have not been more explicit. Speaking to the Family Research Council on May 25, he said the Johnson Amendment “will no longer be enforced under this administration.” He repeated the vow in a speech to the annual meeting of the Southern Baptist Convention last week.

So let’s summarize the delusional state of “leadership” in our country, where the administration picks and chooses its realities:

  • The administration enforces all the laws except those Mike Pence’s Bible doesn’t agree with. (What First Amendment?)
  • The “scientists” relied upon by administration climate-change deniers are sure that the warnings of the other 97% of scientists are bogus.
  •  Larry Kudlow, the President’s current “economic advisor” plucked from Fox News, says the Republican tax bill is responsible for the (non-existent) decline of the deficit. (The deficit and the debt are actually exploding–but not, evidently, in Kudlow’s alternate reality.)
  • Spitting on our longtime allies and cozying up to our enemies is putting America First.

As Kurt Vonnegut would say, and so it goes…..

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The U.S. Retreat From The World

Happy Fourth of July. Okay–not so much.

I guess Fox News doesn’t mention this sort of thing–or perhaps all those “Make America Great” fans don’t consider leadership of the free world necessary to greatness–but for the rest of us, as this year’s Independence Day dawns, there’s a lot less American greatness to celebrate.

Anyone who actually follows the news is aware, of course, that Trump has embraced authoritarian bullies while consistently insulting our allies and denigrating long-standing alliances. If he and his MAGA troops actually believe that these boorish and destructive behaviors are solidifying America’s stature, or earning the respect of other countries, they are delusional.

Here, for example, is a recent news item we might ponder on this 4th of July:

In a rare snub of the Trump Administration, the United Nations failed to approve an American pick to head an international migration group.

After a third round of voting on Friday, Trump nominee Ken Isaacs was removed from the list of potential candidates to lead the International Organization for Migration.

This is only the second time that an American won’t lead the IOM since the organization’s founding in 1951. Portuguese politician and European Union diplomat Antonio Vitorino earned the necessary two-thirds majority and will become the IOM’s next leader.

Apparently, the United Nations is less enamored of the blatant bigotry displayed by Trump’s nominees–and for that matter, the entire Trump administration–than the enthusiastic and terrifying crowds at his rallies.

Isaacs, the vice president of the evangelical Christian non-profit Samaritan’s Purse, had faced criticism for derogatory statements about Islam that were discovered on his Twitter page. He wrote“#Islam is not peaceful,” “Muslims fast, they also blast,” and “All #Islamic #terrorists literally follow #Islam.”

As a prior Ambassador to the U.N. has noted, the position of IOM Director has been seen as an ‘American seat’ and Trump was unable to place an American in it. So much for all that bluster about “strength.”

Then there’s this:

The U.S. ambassador to Estonia — a NATO ally bordering Russia — abruptly resigned Friday, telling friends that he cannot abide President Trump’s apparent hostility toward institutions that have stabilized Europe since the end of the Cold War.

James D. Melville Jr.’s resignation comes at a crucial moment for independent countries along Russia’s western border — amid the possibility of military conflicts and as Trump suggests he is rethinking the United States’ traditional support for its allies in Moscow’s shadow.

“The honorable course is to resign,” Melville wrote on Facebook. “Having served under six presidents and 11 secretaries of state, I never really thought it would reach that point for me.”

He added: “For the President to say the [European Union] was ‘set up to take advantage of the United States, to attack our piggy bank,’or that ‘NATO is as bad as NAFTA’ is not only factually wrong, but proves to me that it’s time to go.”

When America’s longtime allies turn elsewhere for leadership, when principled and knowledgable public servants feel they can no longer serve their country in good conscience, when a mentally unstable and profoundly ignorant President retains the support of a significant minority of our fellow citizens by appealing to their racism and resentments–faith in the eventual victory of the Resistance is the only thing we can celebrate on this Independence Day.

We have to believe that victory will come in time to divert inescapable disasters.

Happy July 4th.

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He Probably Shouldn’t Have Run For President…

If there is one thing we have learned about Donald Trump during and since the election, it is that his ego is massively bigger than his IQ. A smarter man would have realized that a spotlight comes with the Presidential territory–and that past criminal activity would eventually be uncovered.

About that spotlight:

The Washington Post, especially, has done significant work uncovering misuse of the Trump Foundation and various other Trump scams. Now, McClatchy’s Washington Bureau has weighed in with itemized evidence of the way Russian oligarchs bailed Trump out of financial difficulties with (many anonymous) cash purchases of real estate, often for dramatically inflated prices.

Aleksandr Burman, a Ukrainian who engaged in a health care scheme that cost the federal government $26 million and was sentenced to a decade in prison, paid $725,000 cash for a condo at a Trump Tower I in Sunny Isles Beach, Fla. in 2009.

Leonid Zeldovich, who has reportedly done extensive business in the Russian-annexed area of Crimea,bought four Trump units outright at a cost of more than $4.35 million, three of them in New York City between 2007 and 2010.

And Igor Romashov, who served as chairman of the board of Transoil, a Russian oil transport company subject to U.S. sanctions, paid $620,000 upfront for a unit at a building adorned with the future U.S. president’s name in Sunny Isles Beach in 2010.

Buyers connected to Russia or former Soviet republics made 86 all-cash sales — totaling nearly $109 million — at 10 Trump-branded properties in South Florida and New York City, according to a new analysis shared with McClatchy. Many of them made purchases using shell companies designed to obscure their identities.

Rep. Adam Schiff of California, the top Democrat on the House Intelligence Committee and a former federal prosecutor, has called evidence of these transactions “deeply troubling.” He also noted that there have been credible allegations of money laundering by the Trump Organization for many years. If these allegations are true, it could pose a real threat to the United States, because Russia would be able to “leverage” evidence of illicit financial transactions against the President.
“Leverage” is a polite word for blackmail.

The all-cash buyers include Alexey Ustaev, founder of a private bank based in St. Petersburg, Russia; Igor Zorin, a government official who runs a state-owned broadcasting company; the wife of hockey player Viacheslav Fetisov; pop star Igor Nikolaev; Roman Sinyavsky, a luxury real estate broker who was one of the first to sell units at a Trump’s South Florida building and Evgeny Bachurin, who Russian President Vladimir Putin fired as head of Russia’s Federal Air Transport Agency before becoming a donor to a political action committee supporting Trump, according to American Bridge….

“We’ve long suspected that Donald Trump’s businesses were a front for money laundering and our research suggests it could be true,” said Harrell Kirstein, communicators director for the Trump War Room at American Bridge. “The millions of dollars in previously unreported, all-cash real estate deals we discovered raise troubling questions about who is funding his businesses, why, and what they’re getting in return.”

The linked article has much more detail, including descriptions of several more unsavory buyers, and the extent to which those buyers paid considerably more than market value for the properties.

Anyone who has worked for government at any level–a cohort that excludes Trump, whose ignorance of the most basic premises of governance and law never fails to astonish–knows that public office brings a level of scrutiny with it. Even in our current media environment, where investigative journalism sometimes seems to be on life support, Presidential candidates understand that they will be targets for searching investigation, because citizens have a right to know what sorts of people govern them. (Actually, that curiosity tends to extend well beyond what we’re entitled to know–but it legitimately includes information about dishonest personal behaviors and illegal business practices.)

Trump’s refusal to make his tax returns public whetted that public appetite.

Subsequent revelations, the indictments of multiple campaign functionaries, and more recently, news of the long, cozy relationship between Justice Kennedy’s banker son and the Trump organization, have raised further concerns. (When Justin Kennedy  headed the real estate capital markets division of Deutsch Bank, he apparently authorized huge loans to Trump at a time American banks would no longer touch him).

I don’t know whether proof of Trump’s probable criminal conduct will be emerge before the midterm elections, or whether members of the cult that is today’s GOP will believe even ironclad evidence if it does. Voters can’t depend on that, or on Mueller. But there’s one thing we can depend upon: thanks to that spotlight he constantly craves, reporters will continue to investigate the multiple, credible  accusations against him.

If Trump and his family end up in prison, he’ll have only his ego and ignorance to blame.

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Telling It Like It REALLY Is

Paul Krugman, who never shies away from telling it like it really is, has summed up the “conservatism” of today’s GOP in the first paragraphs of a recent column:

News item #1: The Trump administration is taking thousands of children away from their parents, and putting them in cages.

News item #2: House Republicans have released a budget plan that would follow up last year’s big tax cuts for corporations and the wealthy with huge funding cuts for Medicare and Medicaid.

If you think these items are unrelated, you’ve missed the whole story of modern American politics. Conservatism – the actually existing conservative movement, as opposed to the philosophical stance whose constituency is maybe five pundits on major op-ed pages — is all about a coalition between racists and plutocrats. It’s about people who want to do (2) empowering people who want to do (1), and vice versa.

For a long time–especially when I was still a Republican–I was sure that the two wings of the GOP were headed for a split. The genuine fiscal conservatives I knew–people who defined fiscal conservatism as economic prudence and “pay as you go,” not as favoring the wealthy at the expense of the poor–were as appalled as I was by the hypocritical piety of the self-identified “Christian” wing, which even then was willing to turn a blind eye to very unChristian behavior so long as it cemented their privileged status and their right to impose their beliefs on everyone else.

I utterly failed to realize what Krugman points out: once you separate genuine fiscal conservatives from apologists for the greedy, and once you rip off the false facade of “policy differences” from the racists, the two wings actually complement each other.  Genuine fiscal conservatives departed the GOP some time ago; Trumpism has removed the facade from racism.

Until Trump, the ugliness of this deal was cloaked in euphemisms. As Lee Atwater famously put it,

You start out in 1954 by saying, “Nigger, nigger, nigger.” By 1968 you can’t say “nigger”—that hurts you, backfires. So you say stuff like, uh, forced busing, states’ rights, and all that stuff, and you’re getting so abstract. Now, you’re talking about cutting taxes, and all these things you’re talking about are totally economic things and a byproduct of them is, blacks get hurt worse than whites.

But the reality was always there. The conservative economic agenda has never been popular, and it is objectively against the interests of working class voters, whatever their race. In fact, whites without a college degree are the biggest beneficiaries of the social safety net. Nonetheless, these voters supported the GOP because it spoke to their racial animosity.

For a while, what Krugman calls “this bait-and-switch” worked; racism was used to motivate the base, but once elections were over, it was mostly shoved back in the closet. As he notes, however, that tactic was ultimately unsustainable. “Sooner or later the people who voted for white dominance at their own economic expense were going to find a champion who would deliver on their side of the bargain.”

Now, many in the plutocrat wing of the GOP seem to be genuinely dismayed by where this is going. They aren’t themselves racists, or at least they aren’t crude racists. But so far they’ve been unwilling to go beyond hand-wringing. Remember, just two Republican senators could stop all of this by saying that they’ll refuse to support Trump judicial appointments and legislation until the cruelty stops; they could bring all the evil to a dead halt by threatening to caucus with Democrats. But not one has stepped forward – because taking such a step would endanger conservative economic policies, and those are evidently more important than human rights.

When members of the “plutocratic wing” decry child separation at the nation’s border, when they join the rest of us by protesting that “this isn’t who we are,” it’s hard to argue with Krugman’s response:

It is who you are: you made a deal with the devil, empowering racism and cruelty so you could get deregulation and tax cuts. Now the devil is having his due, and you must share the blame.

I was wrong to see the two wings of the Republican Party as incompatible. They’re locked into their very own Faustian bargain, and unless and until American voters demand payment, they will both continue getting the benefit of that bargain.

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What Now?

The last week or so has been an absolute tsunami of disappointments, bad news and terrifying omens.

The Supreme Court punted on gerrymandering, and issued several horrifying decisions: it upheld Trump’s travel ban, required public sector labor unions to represent non-member workers  who don’t pay for that representation, and upheld Ohio’s draconian voter purge program, among others.

Every one of those decisions will benefit the GOP in the midterms, and every one of them was 5/4.

Mitch McConnell undoubtedly feels very proud of himself, but the price of those legal victories–won with a “stolen” seat– was the legitimacy of the United States Supreme Court. Americans simply don’t know what a dispassionate Court composed of properly appointed, nonpolitical jurists would have decided, and they are convinced that the Court is now ideological rather than judicial.

Then, of course, we got the news of Justice Kennedy’s (long-rumored) retirement, and McConnell’s gleeful promise to seat a replacement (who will have passed the litmus test) before the midterms.

All this is on the heels of the humanitarian crisis at the border–an entirely unnecessary blot on our national honor (assuming we have any left) brought on by our racist President.

So what now? What should we expect?

Perhaps I’m wrong–I so frequently am–but I think we are heading for a period of civic disturbance that will make the 60s pale in comparison.

I just don’t think good Americans–and I remain convinced that good Americans are the majority–are going to passively watch their country taken down the road to fascism (as Madelyn Albright recently warned). We aren’t going to watch children being separated from desperate parents, Social Security and Medicare being raided in order to fund tax breaks for the already obscenely rich, or an economy that had finally recovered being trashed by tariffs imposed by a petulant and ignorant blowhard.

Americans aren’t going to sit still while that blowhard continues to embarrass the country, insult our allies, cozy up to (and probably collude with) our enemies, and divide Americans from each other with an unremitting barrage of racist, misogynistic rhetoric.

Trump’s constant (and ungrammatical) self-glorifying tweets may play well with his base, but they nauseate the rest of us.

The midterm elections will be critically important, but even if a “blue wave” materializes, we will in all likelihood no longer have a court system that defends stare decisis and the rule of law. We will still have the pent-up anger of hardworking Americans who have watched an already inadequate social safety net eviscerated in order to bestow extra dollars on people who don’t need those dollars. We will still experience the fury of women who are being told that they are less than equal, and that the government controls their bodies. And we will still have to deal with the frustration of citizens whose votes are suppressed, aren’t being counted, or are being discounted.

Those and multiple other civic frustrations are already beginning to erupt.

I don’t pretend to know how this will all play out, but I’m pretty sure it is going to get ugly before it gets better. America is in one of those periodic struggles for its soul–a struggle between the “good guys” who care about the common good and their fellow Americans, on the one hand, and the Trumpers who care only about themselves on the other. My bet is on the eventual victory of the good guys–but I know that a hell of a lot of people are going to get hurt in the meantime.

We need to just hang on. The next few years are going to be rough. And dispositive.

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