All Criticism of Trump Cannot be Fake News, and what his claim implies

August 10, 2018

I keep looking for things we can say to Trump’s supporters that just might wake them up. Here’s a very basic one.

President Trump has repeatedly told us that all criticism of him is fake news. That can’t be right. No one is infallible. No one. Because it can’t be right, his claim drives these conclusions:

First, we have to tell the difference between what the President says that is true and what the president says that is false. It cannot be either all true or all false.

Second, the claim is an attempt to pull the wool over our eyes. If we can’t look or see criticism, then we lose the ability to tell truth from fiction.

Third, just take a cold hard look at this without fear or favor one way or the other – blocking our view of criticism is the first technique of dictators. It insulates them from resistance. One of the first things Trump did in office was to look into pulling the license of the main broadcast news stations. That would have powerfully insulated him from criticism and scared many critics into silence.

Once that happens the consequence for the rest of us can be catastrophic. Dictators, including Vladimir Putin, Trump’s mentor, don’t look out for our welfare once they no longer have to. Silencing or discrediting all criticism of them as fake gives them the ability to take aim at everything you care about, everything that stands in their way, and to claim whatever they want – personal wealth, and the power to reward all those who will bow to their will. That is the dictator’s game: command enough power to silence all dissent and force everyone to do their bidding.

We’ve repeatedly kicked out politicians that disappointed us. The objective of all autocrats is to discredit democracy, a free press and honest elections, so there is little chance of their being kicked out. The men and women we’ve been calling the greatest generation gave their all to protect what America’s founders bequeathed us. Putin’s and Trump’s attacks on a free and critical press and their discounting any threat to honest elections undermine our commitment to democracy. The real answer to the flaws of democracy is the dedication of Americans, winners and losers, to democracy’s principles.

I’ve never met Trump and claim no way to know for sure what is in his heart. But as a lawyer, I know from professional experience, that the most convincing people you will ever meet are the con men. We can’t read their hearts. We have to gauge the risk from their actions and claims. Lambasting the press categorically, as if all the men and women, young and old, who are toiling to get the facts, can never get anything right, is a sure way to protect what should not be protected.

Let me end with a book pick. In The Plot to Destroy Democracy, Malcolm Nance looks at the facts with the cold, calculating eye of a man who has spent his life in American national intelligence. Based on Russian purposes, institutions and behavior, he concludes that the Russians are deliberately threatening our democratic system. Democracy threatens the impunity of autocratic rulers to kill, torture and steal from their own people in order to protect their own power and maximize their own wealth. Regardless of collusion, conspiracy or disloyalty, the combination of Russia’s and Trump’s attacks on the fundamentals of democracy clear the path for tragedy. And our crucial response will be what we do leading up to the elections and at the polls.

— This commentary was broadcast on WAMC Northeast Report, August 7, 2018.

 

 

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Others on the Plight of America

June 23, 2018

Permit me to recommend three articles. Each goes well beyond Trump but Trump is an engine of each.

Timothy Snyder, a professor of history at Yale who wrote The Road to Unfreedom, reviewed Benjamin Carter Hett, The Death of Democracy: Hitler’s Rise to Power and the Downfall of the Weimar Republic. Comparison with contemporary America are uncanny. Snyder ends his review saying “The conclusions for conservatives of today emerge clearly” from this history of the fall of German democracy: “Do not break the rules that hold a republic together, because one day you will need order. And do not destroy the opponents who respect those rules, because one day you will miss them.” But recent events suggest little respect for those lessons.

Kori Schake, deputy director of the International Institute for Strategic Studies, wrote The Trump Doctrine is Winning and the World is Losing. Summarizing a magnificent article is difficult but for me the kernel was that “if the United States doesn’t sustain” cooperation among the world’s democracies, “a rising power will eventually force it to defend its interests or succumb.” That’s been the pattern of power transitions except the transition from Britain to the United States, “an exception born of their democratic similarities, and one unlikely to be repeated between the United States and China.” At this point the U.S. handed over leadership in Asian trade to the Chinese with our withdrawal from the Trans-Pacific Partnership, and weakening alliances among democratic nations allows China to intimidate weaker countries and reshape Asian geography and maritime rules without cost. Moreover, the costs of the American led world order were small and declining, especially by comparison to the benefits.

And David Sanger, national security correspondent  for the Times and author of the forthcoming The Perfect Weapon: War, Sabotage and Fear in the Cyber Age, after exploring the extent of cyber-sabotage and American vulnerability, shows the cost of not dealing with growing Russian capability because of its political implications.

Will America choose another Roosevelt to pull us out of this deepening vortex of destruction or will it choose a Hindenburg to hand the reigns to a beast preparing to roast, gas and kill us all?


Democracy and Public Investment

January 30, 2018

What democracy can do is obscured by today’s free market, anti-regulatory, anti-government rhetoric. That rhetoric creates real winners and losers, but taking it at its word, it’s based on an everyone-for-him-or-herself form of individualism. It asserts that our successes and failures are almost solely the result of our personal abilities and denies that what we accomplish always rests in part on what society gives us.

That flatly contradicts reality. This country blossomed because we worked together, with a spirit of cooperation. Cooperation that made associations, large businesses and elective government possible.

Everyone-for-him-or-herself-alone ideologues shouldn’t blind us to the public role in development. America’s Founders knew they needed government. As aptly described in the show Hamilton, Alexander Hamilton, Robert Morris and their colleagues understood the importance of a banking system and had government create it. Across the thirteen original states, Founders used government to open transportation to the west. Washington himself was deeply involved in efforts by Virginia and Maryland. When New York, which had a sea level path to the interior, finally built the Erie Canal, it set the path for industrialization and settlement for a century and a half, and made the North into the powerhouse that won the Civil War.

Today we’ve lost a shared sense of the public investments necessary to continued development, and the foundations of American success are falling apart. Bridges take unsuspecting occupants into the rivers and ravines below. Water systems deliver lead, mercury, and an armory of toxins. Sewage systems poison rivers, people and the living things that depend on them. Trains crash for lack of decent equipment. The electronic grid barely carries ordinary loads. The next solar storm can take the electrical and internet grids down, bringing the country to a lengthy stand-still. American colleges and universities have been the envy of the world but stripping their resources will ensure their replacement abroad and with them the R&D that has been central to American leadership. We are the wealthiest of countries but too cheap to fund our infrastructure, terrified that taking care of America would actually put people to work, or that public spirit in building and rebuilding America will help someone else’s business.

The best stimuli for business are investments in the capacity of the public, infrastructure for getting things done, and rules that create a common floor of good behavior. The idea that everything depends on lowering taxes is pure garbage from people who want their winnings the easy way – by taking them away from the people.

Trump promised to put infrastructure in his budget. It’s hard to know whether he’ll keep that promise, whether enough Republicans will follow him, or whether it would include anything more than a wall on the border or brick and mortar repairs. Public investment could make infrastructure better and more resilient, as so dearly needed in Puerto Rico and on the coasts. Public investment could go well beyond controversial minimum wage laws by offering decent, useful, jobs at livable wages. Public programs could improve the private market by creating a model to compete with, like the public health care option that Obama tried to get.

Madison, Hamilton and their contemporaries had a much more patriotic and mature understanding of what American progress depended on – the people, the whole people, not just a few plunderers appropriating for themselves what should be our birthright.

— This commentary was broadcast on WAMC Northeast Report, Jan. 30, 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.


Capitalism gone wrong: Too many left behind in our divisive economy

September 19, 2017

My latest piece for The Hill discusses the set of unacceptable choices we’ve been stuck with: thinking only of national economic growth and ignoring the local fallout, maintaining industries that do national damage for the sake of local workers, leaving the workers to fend for themselves when industry departs their communities, or moving able workers to better jobs but leaving the rest in dying towns. Each of those choices is both morally and politically unacceptable. Liberals must find more compassionate solutions.

 


The Value of Democracy

September 12, 2017

Driven by the Tea Party, Republicans gave us a Congress that hasn’t been able to get much done. Saying less government is better, they take credit for getting nothing done, and leave immigration, tax policy, and health care to fester. It took the Democrats to make a deal with Trump to open the spigot even on hurricane relief.

Republican scorched earth policy is scariest for the lesson we take from it. For some of us the lesson is partisan – the other party must be defeated, fast. But for some Americans the lesson is that democracy doesn’t work, isn’t worth standing up for, honoring and protecting.

Many Americans have seen nothing but gridlock. Unlike the ways the parties worked from the 30s through the 80s, we’ve been dominated by gridlock since the mid-90s, especially when Republicans controlled Congress and Democrats were in the White House. Newt Gingrich and then the Tea Party made gridlock both their goal and tactic – if government can’t get anything done, then there is less government, never mind all the things for which we depend on government.

Republicans literally shut the government down under Clinton, only to discover that the American people didn’t like it because, from fixing potholes to carrying the mail, from sending out Social Security checks to keeping the skies safe to fly, government does lots of things we depend on.

By the mathematical logic of a majority of a majority, a minority in Congress could rule the Republican caucus and that caucus could stop everything so long as they agreed to stick together. So that minority of Congress gives us gridlock. We often talk about minority rights. But we are experiencing something else, not democracy, but it’s opposite, rule by minorities.

Elsewhere, dissatisfaction with democracy paves the way for dictatorship, in places like Syria, Iraq, and much of the Middle East and Eastern Europe. What replaces democracy is not some kinder, gentler, godly leader but kleptocracy, the rule of thieves, taking as much as possible from everyone to fatten their own pockets. Want to start a business, give the tyrant a cut. Want to export or import, the tyrant gets a cut. Courts aren’t in the business of dispensing justice; they’re in the business of looking at who is higher in the hierarchy. That’s why the flow of refugees isn’t from democracy to tyranny, but from dictatorships to freedom and democracy.

Democracy has a key secret. We can argue about who was wrong about Vietnam, Iraq, Obamacare, whatever – the people make painful mistakes – but a democratic people have the ability to vote the bastards out. Generally that gets the people better results than passing the reigns to dictators who can twist everything for their own benefit while sneezing at the people’s misfortune.

Democracy is not to be sneezed at. It is the singular American contribution to this world and we must protect it from foreign powers and political bosses who would control the people by gerrymandering, manipulating the census, keeping people from the polls or not counting their votes, We must protect it from fraud, from lying to the public, and from autocrats who claim they can fix everything if we’d just let them do whatever they want, autocrats who would have us end up like Venezuela under Maduro, Turkey under Erdogan, or like Hungary, Syria or Iraq and from so-called leaders who claim the rules don’t apply to them. We must protect it for ourselves.

— This commentary was broadcast on WAMC Northeast Report, September 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.


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