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.


Trump and the Swamp

June 6, 2017

Trump promised to drain the swamp. We can agree that the swamp is the predominance of special interests over Americans of ordinary means. Bernie Sanders won many hearts and minds by refusing to take big money. Trump claimed independence from big money because he had so much. Clinton lost many votes because she accepted large speaking fees and contributions. A large populist wave by financially ordinary Americans swept the country.

People credited Trump’s promise to drain the swamp. With Trump in power, we’re entitled to look at his actions. Indeed we should.

Most Democrats long tried to take big money out of political campaigns. With some exceptions, like John McCain, Republicans worked to protect the use of money in politics. In the McCain-Feingold Act, Congress managed to compromise between their positions. But the Supreme Court, dominated by Republican appointees, invalidated restrictions on campaign contributions, and held in Citizens United, that corporations could contribute funds straight from corporate treasuries. Heard anything lately from the White House about campaign finance regulation? I didn’t think so.

Trump wants to lower the tax and regulatory burdens on the wealthiest people and companies. He claims in justification that the extra costs harm American workers. I recognize the heated debates about those claims. I’ve repeatedly explained in this commentary that putting more money in the hands of the wealthiest people and corporations is unlikely to spur investment or improve the position of American workers. It won’t help American workers because corporations can and do spend extra money everywhere, including abroad. It won’t help American workers because extra wealth can be and is spent on nonproductive goods or investments. And it won’t improve the position of American workers because there is no shortage of capital in this country, so putting more in in wealthy or corporate pockets is like pouring mud into the Mississippi.

Eliminating regulations will also put money in wealthy and corporate hands but hurts everyone else. Unions have been big proponents of safety regulations because they protect the health and safety of workers, and, we should add, of consumers and citizens.

Trump’s proposed budget also pulls up the safety net and hands the savings to corporations and the wealthy. The safety net protects people when they fall on hard times, when illness drains their bank accounts and strains their budgets, when corporate decisions leave workers struggling to find new jobs and forced to feed families on minimum wage jobs. These have direct and indirect costs for all of us. Losing a job can be temporary but it can also be a fall into a rabbit hole that sucks out everything we’ve invested in our homes, our retirement, and stresses, even breaks up our families. In 2008 those factors spread and took a lot of us down. The safety net was intended in part to help slow or stop economic downturns. 2008 overwhelmed what was left of the safety net but Trump would make it worse.

And health care decisions don’t just affect the most vulnerable. None of us want people spreading serious or medicine-resistant strains of TB, Zika, MRSA and other communicable diseases. Effective strategies against communicable disease involve keeping the diseases out of the population to the extent possible.

In Trump’s budget, the savings from all these cuts go to the 1/10 of 1%, the wealthiest of the wealthy, the very people who should be giving back rather than sucking at the public til. Trump promised to drain the swamp. But Trump IS the swamp.

— This commentary was broadcast on WAMC Northeast Report, June 6, 2017.


Iran, Hardliners and Peacemakers Here and There

May 31, 2017

Our love for our country and recognition that we have many big-hearted citizens sometimes lulls us into assuming that we act appropriately on the world stage. But ignorance too often breaks the connection between good intentions and smart behavior. Iran emerged from World War II with a parliamentary government and a democratically selected Prime Minister. But the British and Americans didn’t like his stand on oil – he wanted a larger share of the profits for his own country. At Britain’s urging, we helped stage a coup that took him down and reinstalled the Shah of Iran. Initially, the Prime Minister got wind of the coup and defeated it. But, in the American Embassy, a second coup was planned and executed. In 1953 the Shah of Iran was reinstalled and this country took credit for it.

That was too bad. There was and is a lot of admiration in Iran for European and American ways. The very fact that they had a democratic government reflected that. The legal system and the school system reflected French approaches. But the Persians did not admire our unseating Prime Minister Mosadegh. And they knew and did not forget the role of the American Embassy in bringing that plot to fruition.

Americans in Iran felt the crosswinds. There was a great deal of respect for this country and our ideals. Americans were largely welcome. Women in the Peace Corps covered up and men they knew often protected them from any inappropriate behavior by others. Some of the men in the cities were more conflicted but villagers I met were particularly welcoming.

The Revolution in 1979 had little or nothing to do with America despite some of the language coming from the clerics. Americans had felt the rising anger toward the Shah in the years before the Revolution and Peace Corps postings ended three years before the Revolution.

With the Revolution secured, it should have been easy to arrange freedom for the American hostages. But unlike former presidents who dealt with hostages, Carter magnified the event instead of cooling it off, which gave Reagan the opportunity to arrange the delay of their release until his inauguration. The result has been a much more fraught, angry and distrustful relationship than it should have been. In effect, the American role in the 1953 coup is still having repercussions in Iran and in the Middle East.

Obama took a step toward cooling down the enmity with the nuclear deal. And most recently, the Iranian people have rejected the desire of the clerics for the second national election in a row in favor of a president who is more open to working with the West.

But the background of hostility makes that hard. They remember Mosadegh and we remember the hostages. The rhetoric coming from hardliners in each country remains very harsh. The House has just voted to impose new sanctions just when Iranians have rejected their hard-liners and the Senate may be preparing to follow suit. But Trump has an opportunity if he is aware enough to see and grab it. He can strengthen the pro-western public in Iran by toning down the rhetoric, engaging in tactful diplomacy and taking advantages of opportunities to make mutually beneficial deals with Iran, or he can be Trump, call names, and burn the enmities in for another century.

— This commentary was broadcast on WAMC Northeast Report, May 30, 2017.


Trump’s Blue Collar Posturing

May 23, 2017

Alfred Lubrano’s father was a bricklayer in Brooklyn. As an adult, Lubrano became a newsman and author. In his book, Limbo: Blue-Collar Roots, White-Collar Dreams (John Wiley & Sons, 2004), Lubrano comments that in the blue collar world, “… there was no such thing as an unexpressed thought.” In the blue-collar world, it’s common to call each other names, to use strongly disparaging language, to describe ideas one dislikes as stupid or idiotic. There are three acceptable responses – suck it up, throw insults back or a punch in the nose. What is not acceptable is weakness. One acts; one does not complain.

It’s clear that much of the blue-collar world recognizes that behavior in Donald Trump and it makes them feel that they are on familiar ground, as if Trump is one of them. Trump has insulted virtually everyone – women, gays, Muslims, the press – and there’s nothing mild about his language. To a blue-collar family, he calls it like he sees it, perhaps because there is no apparent filter in his language, or even any delay. So it sounds like honesty. His language certainly does not convey any sense of sober second thought. He just comes out with stuff or seems to. And that combination of unfiltered strong language seems very comfortable in the blue-collar world.

So it seems very surprising to realize that Donald is also a wimp. Listen to him objecting to criticism: “no politician in history — and I say this with great surety — has been treated worse or more unfairly.” Interesting, that no politician, from Julius Ceaser to Abe Lincoln or John F. Kennedy, all of whom were assassinated, were treated worse, or from Andrew Johnson to Richard Nixon to Bill Clinton, all of whom faced impeachment were not treated worse. But what is more interesting, is that Donald Trump is a wimp. Poor Donald. He has been criticized. People disagree with him. The other party wants to defeat him at the next election. Nobody else has been treated so badly. And Donald wants us to feel bad for him. He wants to be a victim.

In the white collar world, where it is expected that one behave tactfully, speak accurately and show mutual respect, politics feels very rough and tumble. One has to handle criticism that would never be uttered in office politics. One’s statements are constantly twisted and taken out of context. A single procedural vote becomes a proxy for a carefully thought out policy and the bargaining that is part and parcel of the legislative process. But politicians rarely complain about how badly they are being treated – except Donald Trump. “No politician … has been treated worse or more unfairly.” Wow. Joe McCarthy kept charging the Truman Administration with disloyalty, but Donald has been treated worse. Reagan had to deal with charges of delaying the return of the hostages and hearings about his deal with Iran to fund the Contras in Nicaragua in order to get around a congressional ban. But Donald has been treated worse. Bill Clinton had to deal with a lengthy investigation of a clearly consensual sexual act and then an impeachment trial that was the result of a dismissed lawsuit brought against him so that he could be forced to answer wide-ranging questions. But Donald has been treated worse.

Poor Donald. May he find some place much more private than the White House to lick his wounds.

— This commentary was broadcast on WAMC Northeast Report, May 23, 2017.


Freedom for the Boss; Drudgery for the Rest of Us

May 16, 2017

I keep looking for ways to talk with supporters of the Administration. President Carter started the deregulation frenzy. That has become half of the Republican cut-and-deregulate refrain ever since, consistently repeated by the current White House and the Republicans in Congress. I’d like to focus on the things that will affect those of us who are, financially speaking, ordinary, middle-class Americans.

Here are changes the Administration and congressional Republicans are considering that affect working conditions:

  • The White House Office of Information and Regulatory Affairs has been postponing and considering cutting down a Labor Department rule that limits “workers’ exposure [to] toxic material, which can cause a deadly lung disease.”
  • The same White House Office is also “considering a proposal to roll back protections for workers in construction and shipbuilding.”
    • Those rules allow our employers to save cash by risking our health.
  • The Working Families Flexibility Act … would give employees a choice between taking time off or being paid time-and-a-half when they work more than 40 hours in a week.”
  • Either way, Republicans oppose changing overtime rules to raise eligibility for overtime above the current $23,660 per year.
    • Those rules allow our employers to save cash by shortchanging us.

Here are some that affect the health of financially ordinary Americans:

  • The Administraton has already taken steps to “roll back healthy school lunch standards”
  • The new head of the FDA “has invested in or consulted for dozens of healthcare companies” which suggests that the Food and Drug Administration won’t be much help in preventing unnecessary complications and expenses.
  • The House health care bill would eliminate Obamacare requirements that insurance plans cover prescriptions drugs and mental healthcare. Like all insurance, drug and mental health care coverage are intended to protect people from unplanned changes in the costs of survival.
  • Senate Republicans narrowly lost an effort to roll back a regulation that “limit[s] methane emissions from oil and natural gas drilling.” Methane is even more damaging to the climate than carbon.
    • Those rules risk our health for the sake of other people’s profits.

On savings for retirement:

  • “Trump’s Labor Department delayed the so-called fiduciary rule, ordering financial advisers to act in … [your] best interest[s] … [if you] are saving for retirement.”
  • The CHOICE Act would allow the banks that brought us the crash of 2008 to opt out of regulations adopted after the crash and intended to prevent another. And the bill renames the Consumer Financial Protection Bureau and “reduces its power to enforce pre-existing consumer protection laws.”
    • Those rules risk our financial security for the sake of other people’s profits.

Meanwhile, Republicans on the Supreme Court show little respect for working men and women.

  • With Breyer’s help they have blessed “Professional debt collectors … [who] built a business out of buying stale debt, filing claims in bankruptcy proceedings to collect it, and hoping that no one notices that the debt is too old to be enforced by the courts.”
  • The Court continues to apply a 1925 statute intended for interstate business transactions to consumer contracts and the Court bars state regulation entirely.

What Republicans continue to give us is freedom for the boss and drudgery for the rest of us. As the old folk song has it, “same song, second verse, could get better but it’s gonna get worse.”

— This commentary was broadcast on WAMC Northeast Report, May 16, 2017.


Should We Just “Get Over it”?

May 11, 2017

Trump’s supporters claim liberals should “get over it.” Trump was elected so we should “get over it.” Really? What should we “get over”? We should certainly “get over” losing a popularity contest – a high school election or selection of a beauty queen. But getting over real damage is shallow and heartless. It may be our privilege to “get over” our own losses, but we don’t have the moral privilege of “getting over” impending death, damage and destruction to others that we could have stopped?

Trump’s opposition to environmental rules will poison the air and water. Should we get over it before or after people sicken and die? Before or after children are poisoned, injured or permanently damaged?

Trump’s abandonment of green power and his promotion of fossil fuels and fracking will boil our world, flood our coasts, smash our homes with violent storms, unleash new infections on us, and parch our lands and lips with drought. Should we get over it or try to prevent it? Should we celebrate while we’re spared or should we cry for family, friends, and neighbors?

Vive la France! But Trump’s attack on European unity emboldens the world’s dictators and masks his own desire to join them. Should we celebrate unraveling the European union that put a stop to the most deadly wars in the earth’s history and nearly destroyed our closest allies? Or should we try to keep it strong?

Trump’s attacks on regulation threaten to crush the vulnerable. Should we celebrate their misfortune? Trump removed brokers’ obligations to protect their clients’ interests. Shall we thank him for encouraging fraud? For trumping decency.

Perhaps we can get over our own losses, but should we “get over” the consequences to other hard-working and decent people all over the country? Should we get over the decency in our own hearts? Is it weakness to care about others? Or are we strong enough to care?

Trump keeps talking about making the country great again, while selling it out and most of it’s people for the selfishness of a few. Should we reward him for it?

What should we respect in ourselves and each other? That our so-called “Second Amendment rights” threaten others’ lives whenever anyone loses their tempers, becomes frustrated or jumps to conclusions? Are we on the way to becoming a nation of barroom brawlers congratulating whoever is strong or fast enough to kill everyone else? Is that the great new America?

Trump has called off investigations into police killings. Should we respect people we call “lawmen” who are so scared of a man putting his key in his door that they have to shoot him instantly? Do America’s “bravest” shoot men in the back, on the ground or with their hands up? Or is cowardice the new bravery? Is Trump encouraging chaos so that he can step in with dictatorial powers claiming that it’s necessary for our own safety to shoot men in the back?

There is nothing in the White House to get over. There is everything to stop, control, limit, prevent. The imposter-president is a threat to meet, not a bet to get over.

Trumpistas have saddled us all with a doozy. Let them “get over it.”

— This commentary was broadcast on WAMC Northeast Report, May 9, 2017.


Peace Corps and Legal Services

April 11, 2017

The Trump Administration hasn’t included the Peace Corps in its proposal for fiscal year 2018. It proposed cutting the international affairs budget by nearly a third.[1] It struck funding for the Legal Services Corporation which provides funds for poor people to defend what little they have. And, as we are all aware, it has advanced its war on truth by trying to cut the budget of National Public Radio. None of that will save much in the budget but it will damage the country and make life coarser and less secure for the people in it.

On Feb. 27, 2017 “retired three and four star flag and general officers from all branches of the armed services” wrote congressional leadership “to share our strong conviction that elevating and strengthening diplomacy and development alongside defense are critical to keeping America safe.”

These generals and admirals told Congress from their own experience “that many of the crises our nation faces do not have military solutions alone – from confronting violent extremist groups like ISIS in the Middle East and North Africa to preventing pandemics like Ebola and stabilizing weak and fragile states that can lead to greater instability” as well as “refugee flows that are threatening America’s strategic allies in Israel, Jordan, Turkey, and Europe.”

These military officers made it plain that “The military … needs strong civilian partners in the battle against the drivers of extremism– lack of opportunity, insecurity, injustice, and hopelessness.” From their experience, “The State Department, USAID, Millennium Challenge Corporation, Peace Corps and other development agencies are critical to preventing conflict and reducing the need to put our men and women in uniform in harm’s way.…”

The Trump Administration’s blueprint for FY2018 for 150 international affairs budget functions included no budget proposal for the Peace Corps. According to the Congressional Research Service, the nearly quarter of a million Peace Corps Volunteers who have served in 141 countries provide a form of “public diplomacy” for America, not to mention the “short-term … [postings for] emergency, humanitarian, and development assistance at the community level … including post-tsunami Thailand and Sri Lanka and post-earthquake Haiti.”. And they bring back with them and help the rest of us understand other parts of the world that few of us get to see. Both the specific attack on the Peace Corp and the general attack on diplomacy are part of the foolish short-sightedness of the current Administration.

Apparently the Administration doesn’t like poor people in the United States any more than abroad, as it made clear by trying to end the Legal Services Corporation. In commentary in the Times Union, Dean Alicia Ouellette of Albany Law School just stuck to the facts:

“People facing life-altering crises — parents losing custody of their children, families facing wrongful foreclosures, veterans wrongly denied benefits, the elderly scammed of life savings by fraudulent businesses, farmers struck by natural disaster — need the help of lawyers.”[2]

But for the Trump Administration, if you’re too poor to hire an attorney, you don’t deserve justice.  It’s not just the people who are deprived of their rights; it’s the public as well. According to a Massachusetts study, government funding of various types of legal representation showed returns of from two to five times the amount expended on counsel, depending on the area of legal services, not including the very significant benefits to state residents.[3] Those benefits can be very significant. Dean Ouellette cited a study by the New York City Bar Association showing savings to the city of more than half again the cost of providing legal help to people who can’t afford it in a variety of non-criminal matters. Other studies similarly show that the cost of erroneous convictions vastly exceeds the cost of providing counsel.[4]

For this president, no injury to the public or to the vulnerable is too great.

— This commentary was broadcast on WAMC Northeast Report, April 11, 2017.

[1] Congressional Research Service, https://fas.org/sgp/crs/misc/RS21168.pdf.

[2] http://www.timesunion.com/tuplus-opinion/article/Funding-legal-services-for-the-poor-benefits-all-11049978.php.

[3] INVESTING IN JUSTICE A ROADMAP TO COST-EFFECTIVE FUNDING OF CIVIL LEGAL AID IN MASSACHUSETTS, A REPORT OF THE BOSTON BAR ASSOCIATION STATEWIDE TASK FORCE TO EXPAND CIVIL LEGAL AID IN MASSACHUSETTS, at 19-24 (2014) available at http://www.bostonbar.org/docs/default-document-library/statewide-task-force-to-expand-civil-legal-aid-in-ma—investing-in-justice.pdf.

[4] James R. Acker, The Flipside Injustice Of Wrongful Convictions: When The Guilty Go Free, 76 ALB. L. REV. 1629, 1631-36, 1708-09 (2012/2013).


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