Point Well Taken…

One of the websites I visit regularly is Talking Points Memo. Its editor, Josh Marshall, was a conventional journalist before establishing the online equivalent of a news site devoted to government and politics, and he employs staff reporters who are equally professional and credible.

In a recent column, Marshall reported on his participation in a CNN segment, and made a point about the accusation that this President routinely violates democratic norms–an issue that has certainly concerned me, and that has been a focus of criticisms leveled by numerous political scientists.

Marshall says we need to stop talking so much about norms.

But we need to stop talking so much about “norms”. And it’s not just CNN. The term has come up a number of times in our editorial conversations at TPM just today. I’ve talked about them. But we need to stop talking so much about norms. Because it doesn’t capture what is happening or the situation we’re in. In every kind of communication, clarity is the most important thing. By talking so much about “norms” and the violation of “norms” we’re confusing the situation and even confusing ourselves.

“Norms” aren’t laws for a reason. They are like bumpers on the roads of our civic and political life which are there to keep people of basically good faith from crossing lines they shouldn’t cross. They can also be warning posts so others can see when someone is either going down a bad path or needs to be brought back into line.

As Marshall says, that isn’t what ought to worry us.

But the problem with almost everything President Trump is doing today is not that he’s violating norms. The problem is that he is abusing his presidential powers to cover up his crimes and his associates’ crimes. Full stop. That’s the problem. The norms are just the orange rubber cones he knocked over when he drove out of his lane and headed for the crowded sidewalk.

He makes a similar point about transactions the press usually labels “conflicts of interest.”

What we’re seeing now are not conflicts of interest. They’re straight-up corruption. It’s like “norms”. Defining “conflicts of interest” is meant to keep relatively honest people on the straight and narrow or create tripwires that allow others to see when people in power are crossing the line. Nothing like that is happening here. We have an increasingly open effort to make vast sums of money with the presidency. It’s happening in front of our eyes, albeit not quite as visibly as the coverup.

Marshall’s point is important. The use of terminology that may have been entirely appropriate when applied to less venal political actors only serves to muddy the waters when we are dealing with unambiguously criminal behavior.

I understand the reluctance; we’ve never had an administration ignore the law this blatantly and proudly. But that’s what we have now, and refusing to accurately label what is obvious to anyone who is looking is akin to aiding and abetting.

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The Favoritism Regime

As I often try to explain to students, there is an important difference between rights and privileges. The essential element of the rule of law–the characteristic that distinguishes it from the exercise of power–is that the same rules apply to everyone. If everyone doesn’t have rights, no one does. Some people may have privileges, but that isn’t the same thing.

The deal is, the person engaging in free speech who is saying something with which you disagree has the same right to voice his opinion as the person with whom you agree. If we don’t all play by the same rules, if some people have more “rights” than others, no one really has rights. They have privileges that can be withdrawn if they offend or oppose those in power.

The rule of law is fundamental to a constitutional government. It is glaringly obvious that Donald Trump does not understand either its definition or its importance. It is equally obvious that he wouldn’t respect it if he did. Like most autocrats and would-be autocrats, he is all about self-aggrandizement, the exercise of power and the ability to reward his friends and punish his enemies.

Trump’s lack of comprehension of, or respect for, the rule of law is one of the many reasons he is so unfit to hold public office.

What triggered this rant was an article about Trump’s decision to impose tariffs on steel and aluminum–a decision he has evidently been reconsidering in recent days. (When your policy pronouncements emerge from impetuous impulses rather than considered analyses, they do tend to change on a day-to-day basis…) The article described the proposed tariffs and their potential consequences, and reported on the number of  U.S. companies that were scrambling to win exemptions to them.

As of the time of the article, the Commerce Department had evidently received 8,200 exemption requests.

Let’s deconstruct this.

Assume you owned a company that relied upon imported metal to manufacture your widgets. The government moved to impose tariffs, which would increase your costs and make your widgets less competitive with the widgets manufactured in other countries. Assume further that you applied for an exemption from the new rule, based upon some tenuous argument or plea of hardship. Wouldn’t you be likely to do whatever you could to curry favor with the administration dispensing those exemptions? You’d almost certainly dig deep to make a political contribution.

“Pay to play” is, unfortunately, nothing new in American politics. Engineers and others who bid on government projects know that a history of political donations may not be enough to get them the contract, but is necessary to ensure that their bid is one that will at least be considered.

That said, unsuccessful bidders who believe that a contract has been awarded to a company that didn’t meet the statutory criteria–a donor whose bid was not “lowest and best”–can sue. And win. It happens more often than you might think.

Of course, the ability to sue and have your complaint judged fairly requires that the country’s judicial system be both impartial and competent. That’s one reason this administration’s rush to fill judicial vacancies with political cronies is so pernicious.

In places where government agencies can confer benefits at their discretion–routinely the case in autocratic regimes–and there is no legal recourse, corruption is widespread and inevitable. (See: Putin’s Russia) Quid pro quo replaces rule of law.

That’s the path America is on right now. If the GOP enablers in Congress survive the midterm elections, the prospects for turning things around will be very, very dim.

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Collusion, Not Statecraft

I don’t usually cite to Daily Kos, because I am aware that its articles are reported through a liberal lens and I’m not interested in simply becoming part of an echo chamber.

Despite its clear–and acknowledged–editorial perspective, however, I have found the site to be factually accurate–and often, very persuasive. I was especially convinced by a post analyzing the effects of Trump’s decision to renege on U.S. commitments made in the Iran Agreement (an agreement our inarticulate President likes to call a “deal.”)

A number of foreign policy experts have expressed frustration with the withdrawal because it reduces America’s ability to exert influence in the region and rather dramatically increases the prospects of destabilization, if not war. The recurring critique is that no one  (not even Israel, Bibi notwithstanding) benefits from this decision.

As the post reminds us, however, there is a beneficiary. Putin’s Russia.

Crude oil futures have leapt from $26 at the time of Trump’s election to $77 today. Back in January, Trump actually certified that Iran was in compliance with the nuclear agreement. However, Trump threatened to end the agreement if it wasn’t expanded to include items unrelated to Iran’s nuclear program and “strengthened” in unspecified ways.

Trump increased his warnings that he would end the deal in February, and by March was engaged in talks with European allies—talks at which allies consistently urged Trump to remain in the deal and Trump consistently announced his intention to walk away. As the talks wore on, and Trump’s intransigence became clear, fears of a destabilized Middle East began to shore up oil prices.

Russian oil production hovers around 10 million barrels a day. That means the increase that has already happened in oil prices is providing Putin with an extra $520 million a day. …

Everything else that Trump has or hasn’t done about Russia, any sanctions, any tariffs, any expelled diplomats, absolutely pales in comparison to the huge boost he provided to the Russian economy by backing away from the Iran nuclear deal. In fact, short of actually starting a shooting war in the region, it’s difficult to find anything else that Trump might have done of more benefit to Putin. It’s certainly difficult to think of anything Trump might have done to generate a more certain boost for Russia.

As any political pundit worth her salt will confirm, poor economic performance is a threat to even an autocratic politician, and Russia–which is very dependent on oil prices–has been running up steep deficits and cutting vital programs.

As the post notes, Russia’s economic problems have also hobbled its ability to deploy its military.

In 2014, as oil prices declined again, the value of the ruble tumbled, making it more difficult for Russia to borrow or import goods. At the start of 2015, the purchasing power index for Russia—the actual value of the country’s money when it comes to buying a standard “basket of goods”—was the lowest in the world.

The falling ruble triggered waves of inflation across Russia, putting prices up by double digits across the board, raising the interest rates to near 20 percent, and leading to widespread calls for wage and price controls. In 2016, Russia faced growing debt and declining GDP. Retail sales and personal wealth were both sharply down. Predictions were for a sustained period of oil prices below $20.

Anti-Putin demonstrations during the past few years have addressed a number of grievances, but this economic reality was clearly a major source of popular dissatisfaction. But as long as Iran continued to participate in the world’s oil markets, the oil prices that are so important to Russia’s economy would remain low.

Oil prices could be driven up only if the U.S. re-imposed the sanctions that had prevented Iran–the third largest player in OPEC–from selling its oil on the world market.  Those sanctions had been lifted under the agreement Trump just trashed. Immediately after he reimposed them, Americans faced  additional sticker shock at the gas pump.

Rising pump prices are blunting the positive effects of sweeping tax cuts on Americans’ spending, potentially undercutting a pillar of economic growth this year.

Withdrawing the U.S. from the Iran agreement may have infuriated our European allies, imposed costs on American consumers and made the world less safe. But it was a huge gift to Putin.

For a communist, Putin sure understands return on investment.

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The Anti-Mensch

When I read that Trump had abrogated the Iran deal, I felt a familiar pain in the pit of my stomach. These bouts of indigestion and nausea have increased since November of 2016, as have my concerns over the world my grandchildren will inherit, and the role models they will choose to emulate.

Trump’s Presidency has been a consistent perversion of a value structure to which most Americans have long given lip service (if not always fidelity). Even if the country and the world emerge more or less intact from this dangerous, surreal period, how much permanent damage will have been done to our concept of civilized, moral, adult behavior?

When my children were very young, I used to tell them I wanted them each to grow up to be a mensch. Mensch is a yiddish word meaning “a real human being–a person of integrity and honor.”

What are the sorts of behaviors that characterize a mensch?

  • There’s civility, of course. Respect for other people. Courteous behavior in even trying situations. An absence of name-calling or other efforts to demean people with whom one  disagrees.
  • A rejection of bigotries both overt and latent. Refusing to judge one’s fellow human beings on the basis of such things as skin color, religion, gender or sexual orientation. A recognition that other people are entitled to the same rights and respect we claim for ourselves.
  • A healthy modesty–by which I mean recognition that none of us has all the answers, that other perspectives deserve consideration, that there is always more to learn, that it is always possible that one may turn out to be wrong.  A healthy modesty also implies respect for expertise, for the counsel of those with specialized or superior knowledge. A mensch has sufficient self-worth and self-confidence to give credit where it is due, and will instinctively recoil from bragging or grandstanding.
  • Maturity. Adults have a capacity for self-restraint, an ability to defer gratification when necessary to the pursuit of longterm goals. A mensch demonstrates maturity by admitting when he is wrong, and apologizing when something he has said or done makes such an apology appropriate. A mensch doesn’t engage in childish tantrums or schoolyard bullying conduct like publicly berating or humiliating others.
  • Respect for authority–as distinct from obsequiousness. A mensch balances his obligations to the rules and to those in charge against his duty to confront injustice, even when such confrontation entails a personal cost.
  • Personal Integrity. A mensch keeps his word, honors his commitments, pays his bills.  (As my father used to say, he “walks the talk.”) His behaviors are consistent with his pronouncements. Persons of integrity do not knowingly lie or mislead.
  • A good heart. A mensch genuinely cares about others in his family, his community and his country. He supports efforts to ameliorate poverty and injustice. He participates in activities intended to make the world a better place.

None of these ideal behaviors require riches or even intelligence, although like most parents I hoped my children would do well financially and would have the self-awareness that is one of the many benefits of an inquiring and lively intellect.

When I compare the behaviors and values that most parents try to instill in their children to Donald Trump’s daily, embarrassing eruptions, I cringe. President Obama was–and remains– a mensch; post-Presidency, even George W. Bush has been one.

Trump is the anti-mensch.

How do parents raise thoughtful, compassionate, responsible children when the media constantly reports the activities of a President who violates and scorns–on a daily basis– every behavioral norm they are trying to inculcate?

I’m keeping Tums in business.

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The Dangers Of Know-Nothingness

I don’t know which is more maddening–the ignorance of the voters who were willing to turn the country over to a man who had no concept of domestic policy or world affairs and a clear disinclination to learn–or the hubris of an aggrieved con artist who fancies himself immensely more able than he is.

Trump is a walking manifestation of the Dunning-Kruger Effect.

The New Yorker has published an article detailing the reactions of experts–aka people who actually know what they are talking about–to Trump’s withdrawal from the Iran accord. The article begins by confirming that Iran is in full compliance with the terms of that agreement, and that the other signatories–including countries we consider close allies–all counseled against Trump’s action.

Critics were scathing about the U.S. withdrawal. James Dobbins, a former U.S. Ambassador to the E.U., who negotiated with Iran after the U.S. invasion of Afghanistan and now works at the RANDCorporation, said that the decision “isolates the United States, frees Iran, reneges on an American commitment, adds to the risk of a trade war with America’s allies and to a hot war with Iran and diminishes the prospects of a durable and truly verifiable agreement to eliminate the North Korean nuclear and missile threat.”

Wendy Chamberlin, a former career diplomat who is now the president of the Middle East Institute in Washington, warned that by forfeiting American leadership in the one successful multilateral deal in the volatile Middle East, Trump risks making a bad situation worse.

The withdrawal from the agreement comes days before the U.S. moves its Embassy in Israel from Tel Aviv to Jerusalem, another controversial decision that has inflamed anti-American passions. “Trump is pouring gasoline on a Middle East in flames already, with his Iran and Jerusalem decisions,” Bruce Riedel, a former C.I.A., White House, and Pentagon staffer who is now at the Brookings Institution, told me.

Trump’s decision also undermines the transatlantic alliance, crafted after the Second World War, between the United States and Europe. The President defied a determined last-ditch pitch by America’s three most important European allies, made during visits by French President Emmanuel Macron, German Chancellor Angela Merkel, and the British Foreign Secretary, Boris Johnson.

Daniel Kurtzer, a former Ambassador to Israel and Egypt now at Princeton University, said Trump has reneged on America’s word and undermined American credibility.

“The United States used to be the leader, the convener, and the engine of international diplomacy. Trump’s actions have turned us into an untrustworthy and erratic diplomatic outlier.”

Re-imposing sanctions on Iran will create the greatest division between Europe and the U.S. since the Iraq War, Mark Fitzpatrick, the executive director of the International Institute for Strategic Studies office in Washington, told me. “Only this time it will be worse, since not a single European state sides with the U.S. on this matter.” Beyond Europe, American credibility worldwide “will go down the tubes,” he said. “Who will ever want to strike a deal with a country that, without cause, pulls out of a deal that everyone else knows has been working well? America will be seen as stupid, arrogant, and bullying. Pity the poor U.S. diplomats who have to explain this illogical decision to their host countries.”

And then–once again–there’s Russia. As several foreign policy experts have pointed out, Trump’s decision benefits Russia’s President, Vladimir Putin.  It strengthens Russia’s hand and diminishes that of the United States. On CNN, Michael McFaul, a former U.S. Ambassador to Russia, was blunt. “We’re playing into Putin’s hand.”

Is that collusion? Or just Trump’s trademark incompetence?

The Know-Nothings–Trump and his base–don’t care. They are incapable of distinguishing between bluster and substance.

Meanwhile, the rest of us are watching an un-self-aware ignoramus lay waste to America’s global influence and good name.

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