The Central Issue of Trump

March 20, 2018

Trump says and does so many things which are parts of much bigger issues, that it’s nearly impossible to keep up.

  • He has us discussing whether he’s going to fire one guy or the other, who does or doesn’t deserve to go;
  • Whether Trump will make war or peace and what country deserves our friendship or enmity;
  • Whether we will honor or dishonor treaties that he claims other countries violate, though no one else shares that view;
  • Whether he has a policy about infrastructure based on his saying things should be built or does not have a policy based on the empty line in his budget;
  • Whether he has conspired with an enemy of the United States, and whether the Special Counsel’s investigation should be shut down because he tells us that he did nothing that should be investigated, and whether it matters that he didn’t give Hillary that privilege.

It makes the head spin.

We’re heading in just a few years to an economy in which most of us won’t have steady jobs, pensions or unions to support us. Instead it’s everyone for himself all the time in the gig economy. Republicans insist that government and regulation are almost always bad. Who’s left to have our interests at heart? Reminds me of pastor Martin Niemöller on being sent to the concentration camps by the Nazis, “Then they came for me—and there was no one left to speak for me.” Is Trump for or against the workers when he says nothing about union rights and supports no change in working conditions other than tariffs for a couple of industries. And is Trump for or against a livable environment when he takes every possible action to degrade the earth, air and water?

We have been at war since 2003 but what do we have to show for it but body bags and amputees. Will Trump send more troops to die in the Middle East, or is he just bluffing to make people back down? But attempted bluffing will be ignored by people across the globe who have all lost confidence in what he tells us because we need only wait a short while for him to say the opposite.

Trump wants the Special Prosecutor, Robert Mueller, to stop investigating whether Trump or his campaign collaborated with the Russians in order to win the White House, or wants to fire Mueller and hire someone else who will close the investigation? Does it matter whether criminal defense lawyers may want their accused clients to have a right to choose their prosecutors and put a time limit on investigations, especially for such difficult prosecutions as those of organized crime, corporate finagling and international financial transactions. Can they cite the president for that right?

It’s enough to make one’s head spin. But there’s a way to simplify it. Forget all the separate issues until we have a president that actually cares about them, and focus on impeachment. Every one of those issues bears on impeachment, either because they relate to obstruction of justice, selling America out, self-dealing in foreign affairs or rewarding his favorite autocrats and wealthy friends at the expense of the people he swore to protect. His high crimes and misdemeanors easily exceed what Clinton was impeached over, threaten more damage to the republic than the misbehavior for which Andrew Johnson was impeached, and for which Richard Nixon resigned before the House could vote on articles of impeachment. Bring all these issues back to the fundamental question of impeachment. Dirty Donald, lock him up.

— This commentary was broadcast on WAMC Northeast Report, March 20, 2018.

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The Nunes Memo and Trump’s Disloyalty

February 6, 2018

I prepared something else to talk about today but find myself furious about the misuse of the Constitution to prevent getting at the truth. Trump, and his supporters, are attacking the Mueller investigation into ties between the Trump campaign and Russia. The Nunes memo, written by congressional Republicans, is part of that attack. It says that, though well after the investigation began, a former member of British intelligence who had ties to the Clinton campaign, transmitted information which was included in a request for a warrant from the Foreign Intelligence Surveillance Act court, the FISA court. Based on the Nunes memo, Trump and his supporters claim that the investigation is tainted.[i]

Members of the FISA court are all appointed by the Chief Justice of the U.S. Supreme Court. Since 2005, that’s been Chief Justice John Roberts, a Republican, Bush appointee. The Court found the papers sufficient and renewed the warrants.

But the Nunes memo and use of a source sympathetic to Clinton, are being used as part of a campaign to thwart the investigation and dump those who run it. No Democratic hands allowed. Most Republican commentary about the memo claim it proves that the FBI, and the Russia investigations conducted by the special counsel, are tainted by bias against Trump.

First, it is unacceptable for Trump or his supporters to insist that the FBI must decide whether to investigate based on whether the informants are Republicans or Democrats, supporters or critics of Mr. Trump, and forego finding out whether the information is or can be corroborated. Playing politics with policing that way violates the Constitution.

That’s the way police function in dictatorships. Are you for me or against me? If you’re against me, your knowledge and opinions don’t count and can’t be trusted. We alone count and we’re pure. The very idea of a loyal opposition is crucial to the survival of democracy. But it’s anathema to Trump Republicans.

So Trump’s release and use of Nunes’ memo is the best and most important reason to consider impeaching him. He lacks loyalty to democracy; instead, his power trumps all else. This man is the greatest danger to the values on which our country was founded. The fact that he was apparently born in the U.S., as he claims, only makes his disloyalty worse.

Second, a large part of the information gathered by any police organization comes from people who are in some way connected or involved. To exclude information by such informants would cripple policing. To rely only on information from one side of a dispute or the other threatens justice, as does refusing to investigate. Motives deserve consideration and were disclosed to the FISA Court, but the ultimate question is whether the information can be corroborated and is correct. To follow the Nunes approach would undermine the ability of American police to enforce the law, impartially, so that no one is above the law.

The FBI historically was a conservative organization. A succession of presidents insisted that it rise above politics and investigate crimes without regard to politics. Trump is the first president to insist that the FBI should begin with a political test – a political test for employees and a political test for informants. This president has no respect for constitutional norms. These too are grounds which deserve to be considered for impeachment.

— This commentary was broadcast on WAMC Northeast Report, Feb. 6, 2018.

[i] The Democratic response has not been released by the House Intelligence Committee but a Democratic statement of objections can be found here.


Threats to Democracy – the Dictator’s Financial Game

January 23, 2018

Many of us have written about the threat to American democracy. Actually that list is extensive and goes back a number of years. When I wrote my own book about the Roberts Court, I drew on that literature and applied it to the behavior of the Supreme Court. My hope was that if enough of us wrote about the problem, it would begin to sink in that something has to be done.

Instead we have Trump and the Republican Party trying to shift as much wealth as possible from the majority of Americans to a small fraction of the wealthiest 1 percent – precisely one of the most powerful causes of the breakdown of democracy. And Trump has been attacking the bulwarks of democracy – a free press, independent judges and prosecutors, an independent FBI and Justice Department, nonpartisan election machinery, and protection against domestic and foreign interference in elections. He does all this in the service of the effort to shift more and more money from the masses to the wealthiest, reflected in massive shifts of money to those who already have most of it and talk of attacking entitlements, Social Security, Medicare and other programs which compensate ever so little for the government’s favoritism toward the rich.

Bruce Bueno de Mesquita describes it in The Dictator’s Handbook but so does the story of Robin Hood and the Sheriff of Nottingham. The more the dictator takes from the masses the less power they have and the easiest it is to control them. The more the dictator gives to the wealthiest, the more they depend on and support him. In other words, turning democracy into dictatorship is a process of robbing from the poor to pay the rich, weakening the masses and securing the loyalty of the wealthy.

Many scholars have mapped the process as one in which the wealthiest increasingly circle the wagons against the masses, gain control over the election machinery, and corrupt the entire system that used to be democratic. The more wealth becomes concentrated, the more impossible it is to allow anything approaching free and fair elections. The process builds on itself in a corrupt and corrosive way. The economically ordinary people whom Trump and his wealthy supporters have convinced that they should depend on him are the people who will be used, dumped and double-crossed. And their erstwhile support for the fraudulent leader will suppress the rest of us.

The last time the disparity got this bad it led straight into the Great Depression of the 1930s. They are not independent facts. By stripping wealth from the masses, the elites stripped out the consumer economy on which they depended. The situation was sufficiently drastic that many were urging Franklin Roosevelt to assume dictatorial powers, and indeed dictators like Huey Long in Louisiana were poised to make a run for the presidency, while racists commanded the airwaves. We were lucky. Roosevelt was a wealthy patrician who was committed nevertheless to democracy. He saw the threat and worked hard to avert it. The Supreme Court fought him then as it has been fighting to deepen the crisis now.

We were lucky. Scholars have shown that the behavior of elites in crises like this is crucial. We need people in Washington for whom the survival of democracy in America is more important than partisan politics or dreams of turning America into a wasteland of serfs propping up the great ones. That this country had Washington, Lincoln and Roosevelt at crucial times is amazing. May our luck survive Trump.

— This commentary was broadcast on WAMC Northeast Report, January 23, 2018.

 

 


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.

 

 


From Chaos to Monopoly – the End of Net-Neutrality

December 12, 2017

Those of us warning that American democracy is threatened have still been stunned by how fast. Political polarization elsewhere has led democracies to collapse. Polarization here has largely been the unintended consequence of a legal transformation. But the cure may be even worse.

Over the past half-century, legal changes fractured the media by helping cable television  and available broadcast channels expand. Before fake news became an industry, the fractured media promised us a more democratic marketplace of ideas. But it made us a fractured audience, no longer watching or hearing the same news.

Court decisions eliminated liability for innocent misstatements that defamed people. The fairness doctrine once required all broadcasters to provide balanced coverage of controversial issues of public import. It was dismantled in the 70s. Now TV and radio are much more one-sided. A new statute and court decisions gave internet providers immunity even for fake news. The internet rapidly became both the intended source of valuable views and information, and the unintended bastion of garbage, leaving readers, viewers and listeners much less well-informed about the competing arguments over public issues.

Meanwhile, courts and state legislatures put presidential primary elections firmly in control of the nominating system.  Primaries often drive candidates to the extremes to capture majorities of their own parties, not toward the center to capture independent voters. Instead of balancing each other, therefore, the media and nominating systems increasingly radicalized each other since the 1970s.

President Theodore Roosevelt once said “the military tent, where all sleep side-by-side, will rank next to the public school among the great agents of democratization.” The draft ended in the 70s, a casualty of our disagreement about the war in Vietnam. The public schools have been hollowed out by charter schools and re-segregated with the help of suburbanization, zoning and Supreme Court decisions after Rehnquist took its helm in 1986. So neither schools nor the draft bring us together as they once did.

Federal agencies were at the heart of segregating the suburbs before and even after Brown v. Board, deepening polarization in the process. Financial institutions only compounded the damage with their sub-prime loans.

In this polarized, divided, segregated era, the Court in Washington decided the nation’s most contentious issues of race, police behavior, school prayer, abortion, equal rights for women and people with differing sexual orientations.  These were mighty battles over justice with enormous consequences. Mildred and Richard Loving could marry and live as a devoted couple near their relatives in Virginia despite their difference in racial origin.  Similar opportunities opened for women, African-Americans and members of the LGBTQ community. Some went free who would have been hanged for crimes they did not commit.

But the Court’s decisions sharpened the polarization among us. Where now can we hold a “national conversation”? In a fractured media? In a primary system designed to favor extremists? In the military tent? Or walking our kids to school? We have, unintentionally, torn the fabric of our community. Still we could rewrite some of the rules that aggravated our polarization.

But on Thursday, the Federal Communications Commission wants to eliminate net-neutrality and give a few large corporations control over what we see and hear. I’m concerned by which friends of FCC Chairman Ajit Pai would get control over our news sources. We’re going from chaos to monopoly. With Trump leading the charge against the most careful and professional news sources, it feels like we are headed to autocracy and bye-bye democracy.

— This commentary was broadcast on WAMC Northeast Report, December 12, 2017.


Can American Democracy Survive Trump?

June 13, 2017

Will democracy in America survive?

First remember that democracy matters. No human institutions are perfect but democracy makes it possible to remove officials without going to war. Democracy doesn’t mean anyone alone can make good things happen. Democracy reflects the collective power of people. Collectively, if the rules are followed that protect speakers, publishers, candidates and fair elections, democracy gives us the possibility – though nothing is certain – of throwing the bastards out. That’s important.

The survival of democracy depends on leaders, institutions, and the circumstances that bring out the best and worst in us. What chance do we have?

We should have been warned when Trump repeatedly expressed admiration for dictators in Russia, the Near East and Eastern Europe, when Trump invited an enemy to break into a candidate’s email and interfere in an American election, and suggested his supporters use their “Second Amendment rights” to put him into power. We should have been warned when Trump put people with strong ties to hostile powers at the top of his Administration and gave them access to American military and intelligence secrets. We should have been warned when Trump put an attorney hostile to justice in charge of the Justice Department and installed many military leaders in his government. We can’t rely on this casino mogul turned would-be strongman to preserve American democratic government.

It’s unclear whether our institutions will protect us. The Turkish military protected Turkish democracy for a century, but that tradition is now gone. Members of Trump’s party control both houses of Congress where their commitment to their party compromises their commitment to democracy. Congress seems unlikely to protect us. The Court is dominated by members of the President’s party and their treatment of the Constitution’s due process clauses has been more a threat to decent citizens than a limitation on the powers of would-be dictators.

The circumstances in which we find ourselves have ripped democracies apart across the globe. The concentration of wealth and power we have long seen and condemned abroad has become a reality here. The more that wealth and power are concentrated, the more that the wealthy and powerful circle their wagons to protect their ill-gotten gains against the rest of us, spewing nonsense about supposed trickle-down economics as if it were fact and counting on people’s gullibility. Concentration also makes people desperate, and desperation fuels the mirage of lies and makes too many of us complicit in our own subjugation.

Without reason to rely on the leaders, institutions, or circumstances, that leaves us. Can we square our shoulders and steady our minds to resist the steady babble of nonsense and not just listen to the words but watch what those in power are doing?

When you look at behavior instead of giving a pass to the mogul in the White House, you begin to notice that his actions belie his words. He has no sympathy for coal miners or others who have been shunted aside by changes in the economy but only to protect his friends’ wealth and power from us. Birnie put his finger on the problem and Trump now aggravates the concentration of wealth and power that are taking apart the lives we thought we’d built. So-called “free markets” protect the marketeers. So-called “trickle down economics” protect the concentrations from which the trickles are supposed to flow. And the flood of inconsistent tweets boggle the mind and conceal the reality.

Can we uncover the deceptions with strong minds and clear eyes while the casino mogul in the White House gambles our birthright.

— This commentary was broadcast on WAMC Northeast Report, June 13, 2017.


The Future

January 17, 2017

What are the lessons of the election for the future of democracy?

First, leaving part of the population far behind is dangerous. Democracy properly gives everyone the right to vote, so everybody counts. When a segment of the population feels ignored, like those who lost their factory jobs, they sometimes revolt. But it’s easier to destroy what they don’t like than to shape a better future. Many, disliking Hillary and the gridlocked Congress, knocked her and Democrats out of their way, but are likely to regret the results unless the Republicans change and start working for the workingmen they’ve ignored.

For a century, Republicans have been fighting the unions of working people, and the legal protections for working people and consumers with increasing success. Can Republicans change and actually side with those same people. That’s the claim of Trump’s empty jawboning. But his methods will do the opposite.

  • He can’t bring coal back now that other forms of energy are cheaper.
  • He can’t bring steel back when other countries produce it for less.
  • There are opportunities in technology, science, education, research, infrastructure, the environment, and retraining but Republicans prefer to count pennies and dream about a world they can’t have back.

Progress requires investment. But Republicans only support tax relief for the wealthy with prayers they’ll do something useful, not complex and destructive financial maneuvers, mergers, buyouts and monopolization – all strategies for beggaring the rest of us.

I don’t expect Republicans to change their colors.

But political campaigns will change, effective immediately:

  • Candidates will repeat slogans like “crooked Hillary” or “wicked Donald” ad nauseum, expecting people to be more affected by repetition than evidence.
  • Accomplishing something will be downgraded to the level of an accidental coincidence because candidates will expect people to be more moved by rhetoric than reality.
  • Appeals to people’s guns and hatreds will no longer seem self-defeating; instead, appealing to people’s basest instincts and group hatreds will be mandatory.

Is there another way?

The economic polities of FDR, President Franklin Delano Roosevelt, stuck for more than half a century and kept this country depression-free until the recent W years.

Roosevelt understood that policies had to be good for everyone. He designed Social Security so that everyone got it, conveniently, through the post office; our checks came in the mail, although now it’s often direct deposit.

His economic policies got everyone back to work – Roosevelt didn’t shrink from hiring people with government dollars to get them working. He didn’t rely on a private market when it obviously wasn’t working. And he took our economy out of the Great Depression and put it on a powerful footing for an economic surge that lasted the rest of the century.

It’s not about jawboning. It’s about figuring out what will actually get people to work. That’s what America got out of the New Deal. What he didn’t do was turn the rest of us into the serfs and slaves of the wealthy. He didn’t celebrate the kind of jobs done only by those too desperate to refuse endless hours for peanuts, in what we used to call sweatshops and labor camps, no matter how dirty, diseased, dangerous, disgusting, illegal or improper.

Let me end by asking what we will also be doing to reign in global warming, protect Americans,  democracy, and the country we were blessed with?

— This commentary was broadcast on WAMC Northeast Report, January 17, 2017.


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