The Threat of the Alt-Armed Wing

October 15, 2019

I spoke last week about Trump’s intentions. His intentions are particularly scary because of the growth of wrong-wing violence. Time Magazine published an excellent summary as The Terror Within, in its August 19 issue.  Vera Bergengruen and W.J. Hennigan first broke their story on Time’s website. They explained that white nationalists are responsible for a multiple of the deaths and injuries from any other causes of terrorism in the U.S. since 9/11, more than all other causes put together. But Congress and this Administration frustrated FBI efforts to assign more agents to stop mass killers from mowing us down. As a result it gets worse.

Violence has spread as copycat crimes. Potential killers are separated from others like Communists who used to work in cells. That makes them harder, though not impossible, to find. The FBI has a good record of stopping more Muslim terrorism in the U.S.  But, what I refuse to call the right-wing because there is nothing right about them, feasts on assault weapons newly made available courtesy of the wrong-wingers on the U.S. Supreme Court. And, as the authors of the Time article put it, we now have “a Commander in Chief whose rhetoric appears to mirror, validate and potentially inspire that of far-right extremists.” Nothing has been a better predictor of armed revolution and dictatorial takeover than the spread of weapons among the public.

The president elides the necessity of blaming killers by referring to good people on both sides and attacking Antifa, which stands for Anti-Fascist, as if there is an equality between those trying to take our democratic institutions down and those standing up to the Fascists and trying to stop them.

In a prior era, the House Committee on Un-American Activities would have challenged the president’s loyalty. But conservatives and their wrong-wing-nut allies insist on a correspondence between investigations of the left and right as if illegal activity on the alt-wrong means that there must be at least equal and opposite illegality on the left – no evidence required. The Court has barred removing American citizenship from American citizens. But that might be the best way to protect ourselves from a disloyal president before he has the opportunity to do serious damage.

A second problem traces back to how we handle armed might in this country. Trump invited many members of the military into his Administration and then fired them. They had the backbone to resist some of the nonsense being cooked up in the White House. But they are no longer in the military. How deep can Trump get into the loyal ranks of the military before putting people in charge willing to do his bidding. Dictators have followed that dangerous pattern to power in many countries. The NRA claims it’s prepared to protect the country against governmental abuse. But their definition of abuse is public servants trying to enforce the laws about grazing cattle on public land, not presidents trying to engineer a wrong-wing takeover.

The country switched to an all-volunteer military at the height of the war in Vietnam to calm some of the controversy over that war. But if the military installs a dictator, we will see the mistake after it is too late.

Trump must be removed from office before it is too late.


Hitler’s Acolyte – Trump’s Dangerous Motives

October 8, 2019

I spoke last week about the importance of the whistle-blower’s complaint. It’s also the tip of the iceberg. Burt Neuborne was ACLU legal director and a founder of NYU’s Brennan Center.  I’ve known Burt for decades. His publisher accurately describes him as a leading constitutional lawyer who’s sued every president since LBJ.

His new book raises very serious concerns about Trump’s dictatorial intentions. As Burt notes, we’ve known since 1990 that Donald Trump kept a copy of Hitler’s collected speeches by his bed and studied them carefully.

For those born later, Adolf Hitler initiated World War II and the extermination camps that were responsible for the deaths of seventy to eighty-five million people, from all continents. More than a million American soldiers were killed or wounded. That’s Trump’s idol.

Burt goes further, comparing the themes that both Hitler and Trump emphasized. Whatever else he hasn’t figured out, or doesn’t care about, Trump has been a good student of Hitler’s.

There isn’t time to lay them all out. Like Trump, Hitler fired his supporters up with racial and religious hatred, extreme nationalism, closing borders, mass detention and deportation. Almost every word from Trump is about hostility based on race, religion, national origin, closing the southern border and extreme nationalism, stirring a recipe for violence.

Hitler and Trump insulated themselves from criticism by denying the press any credibility and found ways to reach the public without going through the media. Reporters spend their days interviewing people, checking documents, records and participants in the news. Trump simply calls everything fake, and attacks the media in its entirety, though he’s obviously the biggest liar among us. Everything he says is reduced to single adjectives – fake, terrific, good, bad, etc. – without evidence or explanation while denying the obvious. Unhinging his audience from the work of everyone else means he can speak without fear that contrary argument will reach his audience’s ears, until truth becomes meaningless.

Both Hitler and Trump cemented their rule by enriching the wealthiest, giving them outrageous gains, tax cuts, and exemptions from rules meant to protect the public from death, destruction and deceit.

Both thumbed their noses at democratic, judicial and legislative processes and powers. In other words Trump cares only about himself and his ability to become a dictator in the style of his idols. Encouraging people to use what he labels their “Second Amendment rights” in politics is what Hitler did with his Brown Shirts, substituting the nozzle of their guns for ballots and elections. That’s the path to hell but it is a path, with the trappings of dictatorship, that looks good to Trump.

I’ve hesitated to call for impeachment because my priority is to oust Trump from office, however possible, before he can get further with his obvious desire for unchecked power.

That said, Trump’s refusal to obey constitutional limitations on using his office for personal gain, and to abide by statutes and congressional subpoenas, are clear indications of his thirst for power and disrespect of the work of the American Founders, the Constitution, its meaning, original or otherwise, and the system of checks and balances set up to control people like Trump. The emoluments clause was intended to limit opportunities for presidential disloyalty to America. But rather than make America great again Trump is intent on destroying America for personal gain, the ultimate form of disloyalty.

He must be removed from office.


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.


What’s to blame for our divided nation? The cause can also be the cure

May 10, 2017

My views of the legal contribution to American polarization and what can be done about it have now come out as

“What’s to blame for our divided nation? The cause can also be the cure” [click here] on TheHill.com. Enjoy.


Polarizing America

January 31, 2017

I’d like to give my spleen a break for a week and talk about some of the dynamics that are polarizing  America, that neither side can solve because the problem is structural. Law has contributed with crucial changes regarding political parties, the media, the draft and residential segregation (which Brown did not prevent). I’d love to hear good suggestions for countering the polarizing effects of those legal changes.[i]

Primaries originally broke up state monopoly parties. We’ve long known that primary elections push candidates apart to appeal to their parties’ most committed voters. After 1968 the primary system became the exclusive method for nominating presidents, pushing the parties further apart.

In broadcasting, three networks controlled radio and television until Congress changed copyright rules, allowing cable television expansion to over a hundred channels, and niche broadcasting to separate audiences. The courts and Federal Communications Commission also killed the Fairness Doctrine, which required broadcasters to present a balanced presentation of controversial issues of public importance. Then Congress made it almost impossible to hold any internet company responsible for even the most outrageous falsehoods published on their systems. Those media law changes made it unnecessary to pay any attention to opposing views. Plus, instead of limiting damages for defamation, as Justice Marshall suggested, the Court gave media much more complete protection.

At the Federal Housing Administration, officials long refused to insure mortgages to African-Americans, regardless of income. That prevented African-Americans from joining the march to the suburbs, drove disinvestment in their existing neighborhoods, and pushed us apart.

The end of the draft has been huge. The military had drafted people without regard to wealth, class, or geography. President Teddy Roosevelt said “the military tent, where all sleep side-by-side, will rank next to the public school among the great agents of democratization.”[2] And indeed the soldiers came home with lifelong buddies from all over America. Arguments about the Vietnam war ended the draft and led to the so-called volunteer army, which doesn’t reach the same cross-section of America. That changed our attitudes toward each other, and how polarized we’ve become.

There were good reasons for the changes to the nominating system, the media, and the draft but the combined price has been to polarize us. Polarization matters. It blocks our ability to listen to each other, even to care about each other. And if we can’t care, the very notion of public welfare, what’s good for all of us, seems like self-pleading.

The market can’t pick up the slack; it fails in many ways. Worse, for market ideologues, democracy, the major counterforce to the market, seems illegitimate. In other words, the stakes are huge – the legacy of our Revolution, our Constitution, and our collective welfare. Somehow, we have to break down polarization, and restore what used to bring us together or find substitutes – for public schools, military service, media that reached across aisles, and integrated housing and communities.

I doubt the cat can be put back in the bag, especially in this polarized environment, but I’d love to hear good suggestions.

— This commentary was broadcast on WAMC Northeast Report, January 31, 2017. For a more extensive treatment, see my Unfit For Democracy: The Roberts Court and the Breakdown of American Politics at 153-67 (NYU Press 2016) or Law and the Polarization of American Politics, 25 Georgia State L. Rev. 339 (2008).

[1] For a more extensive treatment, see my Unfit For Democracy: The Roberts Court and the Breakdown of American Politics at 153-67 (NYU Press 2016) or Law and the Polarization of American Politics, 25 Georgia State L. Rev. 339 (2008).

[2] Quoted in John Whiteclay Chambers, II, Conscripting for Colossus: The Progressive Era and the Origin of the Modern Military Draft in the United States in World War I, in The Military in America from the Colonial Era to the Present 302 (Free Press, Peter Karsten, ed., rev. ed. 1986).


The Challenges

January 10, 2017

Looking at the New Year, there are two existential challenges that must be dealt with: global climate change and the threat to American democracy.

Global climate change has to be at the top of the agenda because scientists are telling us we are crossing tipping points. What is a tipping point? It is the point where the damage already done makes the process go out of control. You can’t stop a bomb once it starts – the explosion takes over. And tipping points are being crossed. As arctic ice melts, it’s not just that the earth got warmer already, it’s that the highly reflective ice was reflecting heat back into space and isn’t there to do that any more so without humans doing anything more, global warming speeds up. That’s a tipping point. Other tipping points are in the oceans and the food chain. Climate change threatens real doom, a mass extinction, and the creatures to be extinguished this time are us. So go ahead and throw your grandchildren into the fire and then see if you’re allowed into heaven. Folks, if we send our grandchildren to hell you can be sure that we’ll be right there burning with them.

American democracy is at risk because a foreign power has seen that it is possible to manipulate American elections and an American candidate has seen that it is possible to manipulate the people who are prepared to put weapons in the service of their hatred. And if Trump is half as venal as I think he is, and follows the path of demagogues and dictators, he will bribe members of Congress in order to have his way and to stay in office. Even worse, if he follows the pattern of dictators and demagogues, he will try to distract America with a war. I don’t want to think about the mem, women and children who will lose their lives for the glory of Trump!

We are not in good hands. Americans could be put to work to deal with the environment, build and rebuild our infrastructure, handle real threats to our country and to each other. But to save a few more dollars for the richest among us, people will not be put to work doing the things we need and the richest won’t have to share to take care of our country. That’s kleptocracy folks, it’s precisely the kind of behavior that we expect from Putin and the world’s most bloodthirsty dictators.

No, we are not in good hands because the evil in the Manhattan tower is a greedy grabber of money and power, a denier of global warming, corruption, how the economy works, and the common good.

This is a crisis as serious as World War II – an existential crisis. Will America survive, never mind greatness, if we succumb to a dictator? Will humanity survive, never mind flourish, if global climate change makes refugees and cadavers of us all – and who’ll take in refugees then? What will we do to reign in global warming, protect American democracy, and preserve the country we were blessed with?

Remember ye were strangers in the land of Egypt. We will be strangers – on the planet.

— This commentary was broadcast on WAMC Northeast Report, January 10, 2017.

 


Melting Pot – Good for Thanksgiving; Good for America

November 22, 2016

I walked by a lovely cathedral in Milwaukee and then another of the same faith one block  away. Then I noticed someone I knew and asked her what gives. She pointed out that the two cathedrals were built by people divided by their ethnic groups. How far have we traveled! These days we happily rub shoulders with people from all different backgrounds.

The melting pot started with the beginnings of our country. The Frenchman Hector St. John de Crevecouer wrote in 1782 that immigrants wanted to become Americanized and “melted” into Americans. In a 1909 novel, Israel Zangwill wrote “Into the Crucible with you all! God is making the American.” And indeed the melting pot is how we created America and Americans. We are all products of that pot. It was the melting pot that made this a great country, rising above the petty jealousies and foolish fights of the Old World.

We invented the public school as the common school where we all went, mixed, learned and made friends. We work together, laugh together and we’ve made America great together. We’ve made America great together because all our ancestors have contributed to the extent of their skills, character and sometimes their genius. We’ve benefitted from everyone.

And we’re safer because of it.

At the end of the nineteenth and beginning of the twentieth centuries, Americans focused on Americanizing the hordes of immigrants arriving on our shores. What did they do? They used the common public schools. And the corporations and the military played a part. They had soldiers and workers who didn’t speak the same language, share the same customs or celebrate the same holidays. Greeks celebrated Christmas but they did it weeks later which created problems for the factories. Business and the military created Americanization classes and some held a ceremony with a huge pot – the immigrants walked in on one side. On the other, out came the Americans!

The military tried separate units by language but by World War I they put people together in the same tents. Soldiers coming home from the two world wars fixed each other up with their sisters and cousins. Suddenly the melting pot went national.

Many of us fought for integrated schools because we know it makes America stronger, makes our kids stronger and safer. We still fight for integrated schools and communities. But we have just lived through a campaign about divisions, denigrating people for where they came from and how they pray. We have spent eight years watching the most vicious refusal to cooperate with one of the most decent men to occupy the White House on Pennsylvania Ave. because he had an African father.

With Thanksgiving in a couple of days it’s worth stopping to remember that the melting pot is well worth a celebration, well worth giving thanks for, for ourselves and for our country. And it’s worth stirring too.

 — This commentary was broadcast on WAMC Northeast Report, Nov. 22, 2016.


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