Environmental Change and The Campaign Season

March 5, 2019

I’d like to start this campaign season by stating one of my primary objectives. Climate change is the rare major problem that has been warning us so that we could have had plenty of time to deal with it. Now in a film titled The Human Element, which is available on podcast, photographer James Balog shows global warming in time lapse photography.

But actually knowing what is going on seems to be a liability. Gore actually knew. He looked deeply into the issue of global warming and he understood. But the public reaction was horror – at Gore. He wasn’t like us. He knew stuff. In the first debate, Bush disposed of one of Gore’s points with a sneer, just calling it “fuzzy math.” I concluded on the spot that Bush was a bully. The American public apparently concluded that they couldn’t share a beer with someone who understood math. They judged sincerity as similarity – if he’s like us he’s sincere. So, if we didn’t study stuff, the president shouldn’t either. God. Try that for your choice of doctors. People got what they deserved except that they dumped it on the rest of us too.

Obama did know what he was talking about. Some of us loved him for it. Others were turned off because a Black man presumed to tell the rest of us what was going on – even if it was a loyal and dedicated Black man trying to save the rest of us from the hell we’re wandering into.

Hillary knew what she was talking about. She spent her life preparing for public office, not going to campaign methods and finance school but studying the public issues a president has to deal with for our sake. But her dedication to serving us, the people, was her apparent undoing. The guy or gal down the block doesn’t do that. So, she must be snooty because she knows stuff and proudly spent her life learning it for us. How bad is that?

Learned Hand, one of the great judges in our history wrote that elections are very hard to know enough about. I want presidents, senators, representatives and members of the Administration who have spent the time to know what they are talking about so that we don’t all fall off the cliff together, pulling our families off that cliff with us. This isn’t about my ego. It’s about survival.

Sincerity means to me that the candidate wants to take care of us, our health, our future, all of us.  Yes, experts disagree, and I spend some of my effort doing this commentary to distinguish between experts who have it right and those whose heads are screwed on backwards. But understanding issues is essential. Beyond what we can figure out ourselves, we have to be able to talk with experts who do understand. Lawyers have to do that all the time, from working with doctors to understand injuries to working with economists to understand how much money will have been lost. Expertise matters. Even to be able to talk with and explain the experts, one has to prepare. How better than by spending the time, energy and midnight oil to get things straight?

In this presidential campaign season, I want candidates who care enough to figure things out. Most important I want candidates who understand the urgency of dealing with climate change. And who build ways of dealing with the dislocations of capitalism by building their solutions onto the opportunities created by effective solutions to climate change.

— This commentary was broadcast on WAMC Northeast Report, March 5, 2019.


Threats to Democracy – The Shadow Knows How to Divide and Conquer

January 16, 2018

Right after Trump won, a cousin offered to send me some anti-Hillary literature that she thought I’d find convincing. I responded that if Hillary had won, she and I would be safe. But Trump’s victory emboldened those who would be perfectly happy exercising what Trump euphemistically called their Second Amendment rights, getting rid of people who don’t fit their racial and religious criteria. They were already on the streets. That left neither of us safe.

Nor is the problem just what some of his supporters believe and do. His campaign and rhetoric were about who should not be here. He continually appeals to his most extreme supporters, people who barely conceal their admiration for Hitler.

Many of us have been talking about how polarized our politics have become. Polarized politics is dangerous because it is a predicate for autocracy. If people become convinced that they can’t live with the other side’s victory, that life is too dangerous, democracy becomes unsustainable. When a live and let live attitude is gone, democracy can’t be trusted.

Trump can’t be trusted. Trump stands for exactly the kind of politics that makes democracy feel more dangerous than valuable. During the campaign, he told his supporters to express their “second Amendment rights” at the polls, sending chills down the spines of loyal Americans. When neo-Fascists showed up to demonstrate in Charlottesville fully armed to sow fear and intimidation, and one of their sympathizers murdered a peaceful and unarmed woman in the crowd, Trump blamed their opponents for the carnage. To Trump and his white supremacist supporters, evil is racial – Hispanic, immigrant, Puerto Rican, or Muslim, Blacks, Jews, minorities and women. When he tried to export his racist friends to the Brits, they told him to stay out of Britain. Bless the Brits. They get what this country used to stand for – we are [quote] “one nation … indivisible, with liberty and justice for all.” Liberty and democracy are “indivisible”; they are and must be for ALL.

A descent into racism, Nazi or otherwise, would not make America great again. It would destroy our country. One of the things I found fascinating in the papers of the UN Commission on Human Rights which produced the UN Declaration of Human Rights, was that human rights was not an American idea foisted on the world. Hatred of the Nazis came from across the globe, all continents, all its peoples. What they saw, regardless of economic or political system or religious or ethnic heritage was that the Nazis were a threat to everyone. All countries worked with the single-minded goal that there should be no more Hitlers, no more Nazi control of any country. The world had defeated the Nazis and they weren’t about to have to do it again.

Trump doesn’t get or care that democracy depends on our agreement that all Americans are legitimate Americans, all Americans need to be respected and cared about, and all Americans need to feel safe here, or he is wielding the demonization of some of us precisely to end self-government.

When I was a kid, there was a radio program that some of you will remember. It’s tag line, voiced by actor Frank Readick Jr., was “what evil lurks in the hearts of men, the Shadow knows.” I make no claim to knowing what evil does or doesn’t lurk in the heart of Trump. But threatening America from the inside, he is the biggest threat to the survival of America since our Civil War.

— This commentary was broadcast on WAMC Northeast Report, January 16, 2018.

 

 


Against whom the rebellion?

November 8, 2016

This is my last chance to talk with you before the polls close.

Republicans have argued since the 19th century that the market solves all problems. Democrats by contrast solve economic problems by investing in the people and the infrastructure they need to get their work done – things business can’t partly because of competitive pressures and partly because they can’t reap the benefits of projects that help the general public.

Because getting things done requires both the president and Congress, split government favors the Republicans. Democrats need both branches and both houses of Congress to pass the laws  that make their economic programs possible. Looking back to 1994, there have been only four years in which Republicans did not control at least the Senate.

There is a well-justified need to rebel against the way the economy and the government have been treating you, and the Republicans should bear the brunt of that rebellion.

They insist that investors would use tax breaks to create new jobs in this country. In fact, tax- break beneficiaries can invest the money anywhere. So when Republicans give wealthy businessmen more money, we just get the risk. Their friends get tax breaks; workers get laid off. Their friends close factories; workers look for jobs. Their friends freeze wages; workers look for second and third jobs just to keep going. Their friends downsize for efficiency, leaving workers unemployed, unhappy, and looking for a way to earn a living.

The economy is organized for the guys on top. Dealing with it, making America truly great for all of us, takes more than the Republican nostrum of lowering taxes. Businesses invest where they find markets, workers, infrastructure, and where they’re attracted by the comfort or the cultural life for themselves and those they want to hire. Taxes have little to do with it.

That’s why Obama’s and Hillary’s investment in infrastructure and emerging industries is a better deal to create jobs and opportunities for everybody. There are many reasons to invest in America – unless we let it fall apart, let our infrastructure crumble, and don’t keep it up to date.

Whether Trump understands real estate, where he’s managed to lose lots of other people’s money, Trump clearly doesn’t understand the economy. The old trope about taxes won’t grow the economy. And his promises are cynical because people won’t invest in outdated, high cost, low return industries when there are better opportunities, no matter how much he yells about it.

Which gets back to something else Trump doesn’t understand. Government needs to work on shifting the risk, to make it easier for the vast majority of Americans to find new sources of income, if necessary to move where the jobs are, on more than a hope and prayer of avoiding homelessness. That’s not in the big generalities that so-and-so will fix things. That’s in the details. You work on those; you study those; the job isn’t all in the bluster.

We’ve had enough of Republicans blocking every effort to build the economy, protect its workers and take care of all the people. It’s time for a smart rebellion – not a wild swing with eyes closed.

So do vote if you haven’t already. It matters.

— This commentary was broadcast on WAMC Northeast Report, Nov. 8, 2016.


Cultural Revolution and Human Understanding

November 1, 2016

I encountered two images last night worth talking about.

Our daughter called us after leaving a Hillary rally and she commented that Democratic rallies are love fests where everyone feels welcome. Yes, that’s a large part of my own positive reaction to Hillary. People reflect the candidates – warmth at Hillary rallies, anger at Trump’s.

And in an article on an on-line forum, Neil Siegel wrote “The consequentialist concern that traditionalists will be branded as bigots is sufficiently serious for Justice Alito that it counts as a reason for the Court to reject” constitutional claims.

I identify with our daughter’s reaction. But Siegel’s comment makes clear one of the reasons my former student, now vice president of a major news organization, wrote me that he understands the feelings of many good people who have been drawn to Trump’s banner. Part of that is the economic struggle of America’s working class, a subject I’ve repeatedly tried to address. But part is the culture war which I’d like to address today.

It’s often hard to win without gloating. And conservatives have been no better at it than liberals. But it’s important. That’s not to say the victories we liberals are fighting for are for sale. We want to welcome, protect, show warmth and respect toward all kinds of people who were once despised. We’ve shared many victories with our African-American friends without managing to get them the fair shake in this life that they deserve. But that circle of friendship needs to reach all those who are struggling in this challenging world.

Living as a minority of one in a distinct community reveals the warmth, welcome and dignity of sharing each other’s lives. Born in a predominantly Jewish part of Brooklyn, if I can be permitted to address it from my personal experience, I spent summers in Christian Chautauqua and felt the love and welcome. Born a few years before the best universities in the country decided to drop their quotas, I took my high school college advisor’s suggestion to apply to Princeton and was surprised when I went for an interview by their encouragement to come. By the time I applied to law school, the welcome this Brooklyn kid got was less surprising. When I left Yale, I enjoyed another welcome by the legal staff of the NAACP and then in the Peace Corps by the people I came to know in Iran. I discovered a long time ago that the fears of others’ reactions were my fears. I went south to meet my future wife’s Baptist family and got one of the most important welcomes of my life. I hope they felt the same from me.

So opening up to others now comes easily to me. But I too understand the depth of the cultural revolution. I hope we can extend that welcome so that everyone can enjoy the camaraderie and mutual respect that comes from really opening up. When Hillary says she wants to be the president for all the people, she strikes the right note. But I hope that the people who will vote against her will prove able to see her care and concern better than people were able to appreciate those qualities in Barack Obama.

— This commentary was broadcast on WAMC Northeast Report, Nov. 1, 2016.


A Scary Election

October 25, 2016

Over a century ago, populism was sweeping the country, with white and African-American workers standing together, until a scared Southern aristocracy started race-baiting. Whites took the bait, breaking the back of Southern populism. The rest of the country surged forward because their governments cared about the people, the regular people, not just the fancy financiers. But not in the South, which languished.

That race-baiting aristocracy also killed political competition, leading to the one-party South. No democracy, no concern for the people, no progress. Because race-baiting broke the back of Populism.

Trump uses rhetoric to divide the people hoping he and his cronies can conquer while the rest of us fight each other. Trump attacks everyone – immigrants, African-, Hispanic-, and Muslim-Americans, women, hard-working, warm-hearted, caring Americans of every background.

Democracy is in danger when people can’t accept the legitimacy of disagreement, drown out and threaten opponents, and don’t respect the right to vote of other people because of where they live or where their parents came from. Losing respect for others threatens democracy. Most of us believe that everyone has a right to their opinion. Democracy is in trouble when some try to shut down that right.

Democracy is threatened by campaign crowds yelling “Lock her up” and “Hang her in the streets.” Promising to appoint a special prosecutor to go after Hillary, Donald feeds their hostility to democracy. Like Italy’s Berlusconi, Donald tries to cover revelations about his behavior by throwing hate to angry crowds. Hillary responds “That happens in dictatorships, not democracies.” She’s nailed it; Trump does not want to lead a democratic country; he’s trying to sabotage it.

Trump’s racism and nativism has broken the back of the movement for economic justice. His invitation to settling the election by beating people up and using their Second Amendment rights encourages force, intimidation and even guns, to take Hillary out. Telling his supporters to prevent the polls being rigged codes Trump’s message to control the election by threats and intimidation.

Democracy is in serious trouble when police and military institutions take sides. Individuals in the uniformed services have every right to their political views. But we’ve had a tradition of keeping the military out of politics. We should be able to rely on them to protect every voter’s rights regardless of politics. The military and police need to be above politics or democracy is at risk.

Trump is trying to forge a coalition to muscle democracy out of the way.

If the self-proclaimed rich guy wins, he knows how to enrich himself and his cronies. But he pulls his supporters along with constantly repeated half-truths, lies and fabrications until they seem true because he says them so often – stringing them together like a rant overwhelming any attempt to answer because there’s too much to deal with.

Economic desperation leaves many open to his lies. But they cannot put a populist program together on the back of a divided America. They cannot get government to work on behalf of all the people, not just the super rich, by dividing over skin color, national origin and gender.

The Constitution, the Declaration, the Founders’ legacy, are in trouble when despondent and demoralized people lose faith in self-government. When democracy is in trouble, everyone is in trouble because dictators don’t take care of their people – they take care of themselves.

These same patterns have brought democracy down in many parts of the globe. But for Mr. Trump, we’re all losers and our democracy is a loser too. For Trump, only Trump counts.

— This commentary was broadcast on WAMC Northeast Report, October 25, 2016.


Personality and Presidents

October 11, 2016

I walked by a group talking about the election and a young woman was saying she would never vote for Hillary because of her personality – I forget the word she used. So I stopped and asked her if that was the most important thing in a candidate. She responded “Yeah” like wasn’t it obvious and went on talking. I moved on shaking my head about her naiveté. This president is going to have to deal with Russia, China, the Muslim world, climate change, and her personality is the issue? The next president is going to have to be cool under pressure, not shoot wildly from the hip, and understand the stakes, the pressures, the possibilities and the limitations of what we can accomplish, and her personality is the issue?

I know some people want to feel like they could have a beer with the president. I think George Bush would have been great to sit down with over a beer. From all accounts I think he’s probably a really nice guy, and easy to get along with. But he was so unprepared to deal with foreign affairs that he made mistakes that will reverberate for decades, if not centuries. I want someone who is preoccupied with what he or she needs to know – which doesn’t tend to make good drinking conversations.

I’ve never met Clarence Thomas but the people I do know who know him tell me he is a really nice guy to be around – including, despite the Anita Hill affair, some of the women who have worked for him. But I think he has been a disaster as a member of the Supreme Court. I did meet Chief Justice Rehnquist, more than once. Sweet guy, at least toward me. But I’m convinced he led the Court in disastrous directions. I’ve also met Breyer. He’s much more often on my side, so Steve, please take care of yourself and stay on the Court. But as far as I’m concerned, if I sat down with Breyer it would be all about business. I didn’t like his apparent manner. I say apparent because what do gestures and expressions or tones of voice really mean about someone’s congeniality when you don’t really know them?

Culturally we often think people who look over their glasses are being haughty – but former Secretary of State Cyrus Vance who wore reading glasses and generally looked over them when talking with me, was very helpful regarding things my office and I were trying to do on behalf of the disadvantaged, and in the process I learned to like him as much as I respected him, which was a lot.

I’m not sure I’d even want a president to take the time to have a beer with me. I’d want her to be focused on what she needs to know to manage any of the life and death problems that are on her desk. I know presidents do take time out to meet people and try to seem connected. But I don’t have the need to take their time. The most connected thing Obama has had to do is to grieve with the families that have lost loved ones, soldiers, children, spouses, and I know he has been as deeply affected by that experience as any president. He’s got more important things on his mind than chatting with me.

Lobby him? That’s not social; that’s business. Beer? That’s my problem, not hers. Personality? Give me a break.

— This commentary was broadcast on WAMC Northeast Report, October 11, 2016.


Hilary

September 27, 2016

I’ve been traveling and so I’m playing catch up. But I was shocked at the reactions I heard to Hilary’s illness. I expected people to do what we do when most people get sick – wish her well and hope she can get over it quickly. What I heard was just grousing that she said she was fine.

What do you and I do when people ask how we are? “Fine how about you?” “Good, I’m fine too.” Got a cold? “Nah, I’m fine. How about you?” In America we’re taught to be tough and not complain. In fact, if I ask my students how they are, their most common answer is “Can’t complain.” I often joke back, asking what they’re doing in law school if they can’t complain. I once passed one of my best college profs and with the usual pleasantries, I asked him how he was. Prof. Babbitt leaned in toward me, with a smile on his face, and burst out “Terrible!” Then he straightened up laughing and walked on, leaving this college kid totally nonplussed. But I got the message. We’re taught to be strong; that’s the way Americans handle illness. And we admire that in others.

But people didn’t give Hilary the benefit of adhering to our standards of behavior. The woman tried to tough it out like we’re all taught to do but the press crucified her for it. Thank heavens I’m not running for president; I don’t need that nonsense. You’d of thought people would have the grace to wish her well instead of crucifying her for trying to put a strong face on an illness.

I hate to tell you folks but anyone can get sick, including presidents and candidates, whether they try to tough it out or play bluster about their health. We can argue ‘til kingdom come about what Hilary should have done. But what she did do was to behave the way we are all taught to do. How bad is that? As for me, I wish her well.

I also wish that people would give her the credit she deserves. She’s pretty obviously a very intelligent person, and had the benefit of a terrific education. She could have earned a mint as a lawyer. But she left her practice and devoted herself to public service. I respect her for that.

She was our senator here in New York and what I kept hearing was that she won a great deal of respect all over the state and in Congress because people quickly saw that she worked hard at the job, worked on the needs of the whole state, studied the problems, and worked with everyone she could to solve problems. She was our senator and she took that seriously. I respect her for that.

She’s also been criticized for the way she handled some of her husband’s mistakes. But we are all taught to forgive. Hilary did, and she was crucified for it. We used to be taught that marriage is permanent, for all time. Hilary stuck by her husband and got crucified for it.

It seems that there is no code of behavior that is good enough for Hilary. But I respect her as a person who is doing her best to work for me and for you. She ought to get a lot of credit for that.

— This commentary was broadcast on WAMC Northeast Report, Sept. 27, 2016.


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