The “Caravan”

November 13, 2018

Only Trump could turn a line of destitute and terrified people walking thousands of miles in hopes of finding safety in the America that all admired until recently, into a caravan of desperados bent on breaking laws, robbing, stealing and raping Americans.

Actually that’s wrong – the last time I know of was when Gen. Douglas MacArthur ran the bonus marchers off the mall in Washington, D.C. The bonus marchers were veterans of World War I, trying to survive the Great Depression. They came to Washington to petition their government to give them their promised World War I bonuses a little early, since they were desperate and destitute. Disobeying orders, MacArthur ran them off. MacArthur disobeyed four presidents until Truman finally fired him for insisting on widening the Korean War into China.

But the Bonus marchers and the Caravan both remind me more of John Steinbeck’s Grapes of Wrath – farmers who lost their lands to the banks after drought, the dust bowl and the Great Depression made it impossible to farm or earn a living in those farming communities. They joined a sad and sorry march from Oklahoma to California. They were farmers, not thieves or rapists. But they were vilifield as beggars. Oakies, originally meaning from Oklahoma, became an epithet. To the loss of their income, the loss of their farms, often the loss of their families, they now added the loss even of human empathy. Cold and hungry, the migrants gathered in shantytowns they called Hoovervilles, named for the president in office when the Great Depression began. They lit fires in steel drums to keep warm. I wish Steinbeck had written a sequel. He described great suffering and often death. Yet some percent of them survived and eventually melded into the population of California.

I thought we had outgrown demonizing the homeless and destitute, but not Donald Trump.

I thought we had outgrown running off the homeless and destitute like vermin, but not Donald Trump.

I thought we had learned that the problems of massive unemployment are not the workers’ making, but not Donald Trump.

I thought we had learned that farmers who’d lost their lands, shopkeepers, factory workers and miners who lost their jobs, were decent people suffering from forces beyond their control, but not Donald Trump.

Come back John Steinbeck and remind us all of our humanity.

Come back Franklin and Eleanor Roosevelt and show us how to care for our fellow human beings and build a better world out of love and compassion.

Come back America and show a large heart to each other and to the cold and desperate trying to reach the safety of our shores.

We can do it. There is no economic reason why we can’t. We could get to work rebuilding our infrastructure and make plenty of work for everyone. This is America. Si se puede; yes, we can and be stronger for it.

— This commentary was broadcast on WAMC Northeast Report, November 13, 2018.

 

 

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Puerto Rico and Hurricane Maria

September 5, 2018

I’m glad Gov. Cuomo has been talking about what happened to Puerto Rico after Hurricane Maria. It should never have dropped out of public discussion both for the sake of the residents of Puerto Rico and for the rest of us.

Katrina undid George Bush when many in New Orleans and the surrounding area got no help. The public was disgusted when Bush praised the head of FEMA for “doing a heck of a job” four days after the hurricane struck. After Hurricane Maria hit, the whole island of Puerto Rico was without power. Half were still powerless half a year later, jerry-rigging connections or using generators for life-saving equipment. At least 11,000 US citizens were still powerless in June, with power authorities still figuring out who was without. But it didn’t bother Trump. The storm hit Puerto Rico on September 20. In early October, Trump announced he’d already done enough.

Dealing with weather disasters takes advance planning. Reacting after the damage is done is too late for many of the injured and displaced. A member of the Albany Law Board who worked on disaster planning for the Red Cross described the process to me. One has to anticipate needs, delivery routes, and get things to staging areas from which they can be delivered before the storm hits, together with the vehicles needed to bring supplies to the affected people. That’s complex and difficult but it can be done because we have considerable advance warning of where major weather events will strike. Not rocket science, it’s a well-worn path of jobs that need to be done.

Puerto Rico is not unmapped far away frontier territory. It’s an island, which should have suggested advance planning for sea-worthy ships and protected areas on the island. Its miles of unpaved mountain roads should have suggested the need for helicopters, like those New York supplied when the Feds didn’t. FEMA was busy with other disasters but that too was predictable. It didn’t raise the alarm and ask for help until well after the storm passed by. Only then was the U.S. Army, itself skilled in disaster relief abroad, permitted to go into Puerto Rico.

Some politicians like to charge that the damage was Puerto Rico’s own fault, the result of graft, corruption and mismanagement. That’s a misdirected ascription of collective guilt. Most Puerto Ricans are related to those ills only as victims. And the beneficiaries were the same people and institutions that we like to hold harmless, the wealthiest people and corporations. The electrical grid was unable to resist storm damage because the corporate leadership left it that way. But we prefer to blame an island and an ethnic or racial group. It would be such bad form to notice who actually caused and who was victimized by the problems in Puerto Rico.

Worse, it hasn’t been allowed to use federal money to fix anything in the cleanup, only to rebuild not one jot better than before, ready to collapse again in the next storm.

All this reflects incompetence and lack of concern about the welfare of Americans. We are all diminished by humanitarian disasters. And disasters are contagious. As John Donne so eloquently put it, “never send to know for whom the bells tolls; it tolls for thee,” for all of us.

My classmate, Judge José Cabranes, wrote in the Washington Post that Puerto Ricans would be leaving the island and coming to the mainland. They have, and as citizens, they may, and should, vote where they settle.

— This commentary was originally scheduled for broadcast on WAMC Northeast Report, September 4, 2018. The broadcast by NPR and WAMC of the hearings on the nomination of Judge Kavanaugh, however, preempted broadcast on the 4th. We plan to broadcast it at a later date but I am posting it now nonetheless.


The Moral and Legal Meaning of Failing to Deal with Climate Change

August 30, 2018

I often wrestle with how gentle or how strong to come on. To get everyone’s support on climate change, I want to come on gently. But climate change is so big, urgent and underappreciated that I want to come on strong.

The experts tell us that we can make a big difference. We can take steps that will really slow down and even stop climate change beyond what is already inevitable. But nothing will happen by itself. The economy won’t automatically stop selling carbon-based fuels that produce greenhouse gasses. Government is necessary to do that. Without government coordinating our efforts, each of us individually make only a small difference and we can defend our bad choices by pointing out that it’s legal. But with government coordinating the move to more climate friendly products and methods, we can make a big difference.

Unfortunately, the current Administration is fighting against rules designed to reduce greenhouse gasses. It is rolling back automobile emission and engineering standards that would significantly reduce greenhouse gasses that we produce. The transportation industry produces a large part of greenhouse gasses so real progress requires action among auto manufacturers. But with the Administration working to roll rules back, auto makers say they’ll just wait and see. Meanwhile, Americans buy the largest vehicles they can afford. Progress on sedans gets wiped out by the market for SUVs, trucks and HUMVEEs. One way to control the impact of those market choices is to retain, not roll-back, those emission rules. Another is to introduce greenhouse gas taxes. Government is a necessary part of any real effort to control global warming, for ourselves, our children, grandchildren and posterity.

Failing to act against global warming will increase the worldwide refugee flow which many Americans fear, and turn many Americans into refugees in our own country, from the coasts and the great Midwest Mississippi River basin the where people will be forced to leave their homes and push into places ill-prepared to house, feed and employ them. Failing to act against global warming will magnify the onslaught of tropical illnesses on Americans who are ill-prepared to deal with them. Failing to act against global warming will send our parents to early graves in heat waves that stress their hearts.

The law makes a stronger point that reflects the stakes in global warming. Intentional, premeditated, criminally negligent or reckless killing of one or more human beings is murder.

The lowest form of murder is involuntary manslaughter. An unintentional, involuntary killing is nevertheless manslaughter if it was inherently dangerous or was done with reckless disregard for human life, and the defendant knew or should have known the conduct was a threat to others’ lives.

Does that fit the people who are tearing down the rules to slow or stop global warming and other forms of climate change? We know that climate change will kill many people, in this country and all across the globe. We know that greenhouse gasses from burning carbon-based fuels is heating the earth and additional burning of carbon-based fuels will heat it more. In other words, burning carbon-based fuels is inherently dangerous – it will kill people. The impact of government rules on death and survival is very clear. That will certainly bubble up in lawsuits. But the law also reflects powerful moral conclusions well worth thinking about.

— This commentary was broadcast on WAMC Northeast Report, August 28, 2018.

 


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