Author Archives: weeklysift

Doug Muder is a former mathematician who now writes about politics and religion. He is a frequent contributor to UU World.

The End of the Shutdown

Friday night, Trump released his 800,000 hostages without getting anything for them. Zero. He signed exactly the same deal that was on the table back in December: Keep the government funded at its previous level for a few weeks while an immigration/border-security compromise gets negotiated.

The fact that it came out that way is extremely important. Giving him anything, even just the “pro-rated down payment on the Wall” he had demanded on Thursday, would invite regular government shutdowns for the rest of his term. Every time some budget bill needed to be signed, Trump could say, “No. I want more or I’ll shut down the government again.”

By holding the line until things really started to get bad, Speaker Pelosi stood by the important principle of not paying ransom. If Trump wants something from the Democrats, he can offer them something positive in exchange. (That’s how politics is supposed to work in America.) But he’s not going to get concessions just by threatening to hurt people or hurt the country.

Why now? If the same deal has been available since Day Zero, why did it happen on Day 35? There were two precipitating causes: the test votes the Senate held on Thursday, which showed Republican unity beginning to crack, and the 82-minute ground stop Friday morning at New York’s LaGuardia Airport due to air traffic controllers not coming in to keep working without pay, which caused delays that rippled across the country. This was widely interpreted (correctly, I think) as a warning sign from a system about to break down.

The Senate voted on two proposals Thursday, and neither got the 60 votes necessary to proceed. But Trump’s preferred outcome ($5.7 for the Wall, plus other restrictions on immigration and asylum) got 50 votes, with one Democratic crossover (Joe Manchin of West Virginia), while the Democrats’ proposal (open the government temporarily without additional provisions) got 52 votes, with six Republican crossovers: Lamar Alexander (Tenn.), Susan Collins (Maine), Cory Gardner (Colo.), Johnny Isakson (Ga.), Lisa Murkowski (Alaska), and Mitt Romney (Utah). (And at least a few of the Republicans who stuck by Trump were not happy.) According to the Washington Post, this outcome surprised Trump, because Jared Kushner had assured him that Democrats were about to start defecting.

But pointing to the Senate as a cause just shifts the question to another level: Why Day 35? Why did Mitch McConnell finally allow the Senate to vote on something, and why did Republican senators start to break ranks?

The LaGuardia ground stop was part of a nationwide pattern: As government workers faced losing a second paycheck, warning lights were flashing and systems were beginning to fail.

The FBI Agents Association put out a report listing the effects the shutdown was having on law enforcement. Perhaps the most egregious example: The FBI agents investigating the MS-13 gang (that Trump so often features in his anti-immigrant speeches demanding a wall) were unable to pay a translator to communicate with their informants. The Commandant of the Coast Guard tweeted:

I find it unacceptable that @USCG members must rely on food pantries & donations to get through day-to-day life.

What made this growing pressure worse for Republicans was the repeated insensitivity and tone-deafness expressed by plutocratic Trump administration officials, who are clueless about the half the country that lives paycheck-to-paycheck. Chief economic advisor Larry Kudlow described federal employees forced to choose between working without pay and losing their jobs as “volunteers”. Commerce Secretary Wilbur Ross couldn’t understand why federal workers would go to food banks when they could take out loans. And Trump himself spun Ross’ comment into a fantasy about compassionate grocers who “know the people, they been dealing with them for years, and they work along.” Perhaps extrapolating from his own experience owing hundreds of millions to Deutsche Bank, he claimed that banks too would “work along” with missed mortgage payments.

As a result, polls were turning against Republicans. Trump’s approval rating dropped from 42.2% at the beginning of the shutdown to 39.3% by the end. Polls consistently showed that the public blamed either Trump or congressional Republicans for the shutdown, and believed that getting Trump’s Wall funded was not worth shutting down the government.

Now what? The spending bill just lasts for three weeks, at which point the whole standoff could start again. In an effort to claim he hadn’t lost to Pelosi, Trump threatened as much:

This was in no way a concession. It was taking care of millions of people who were getting badly hurt by the Shutdown with the understanding that in 21 days, if no deal is done, it’s off to the races!

But it’s hard to see Republicans in Congress standing by him for another shutdown. Mitch McConnell didn’t want this shutdown and certainly doesn’t want another one. (He is fond of saying, “There’s no education in the second kick of a mule.”) And ultimately, he holds the high card over Trump: If he works out a deal with Democrats and Trump vetoes it, McConnell could sway enough Republicans to override that veto. The thought of 2/3rds of the Senate voting against him on anything should be terrifying to a president who could well face impeachment before the end of his term.

So what will happen in the next three weeks? Ezra Klein lays out four possibilities:

  1. A grand bargain on immigration takes the issue off the table for the near future.
  2. Pelosi, Schumer, and McConnell reach no deal and the government shuts down again.
  3. No immigration/wall deal, but there’s no shutdown, and Trump seeks to build his Wall without Congress by declaring a national emergency.
  4. No immigration/wall deal, but no national emergency.

I foresee a lesser bargain, similar to what Lindsey Graham and Dick Durbin have already worked out: Democrats have already signaled that they’re willing to offer more money for border security, but they think the Great Wall of Trump is a stupid waste. (Not that it matters, but reality is on their side here; the Wall is a stupid waste. Republicans know this, which is why they didn’t fund it when they had the majority in both houses.) A number of Republicans (including even Trump, at times) have said they don’t want to deport the DACA people, whose cause gets a lot of sympathy from Americans in general.

The question is how much funding for how much DACA protection. Here, I think the failure of the shutdown pushes the needle towards Democrats. This is what I picture:

  • DACA recipients get permanent legal status, with a path to citizenship left vague. Democrats can promise to eventually get them citizenship, while Republicans can deny this will ever happen.
  • Border security gets the $5.7 billion Trump was asking for, but mostly for technology at ports of entry and more immigration judges.
  • Rules for legal immigration change a bit, but Congress reaffirms support for the United States’ treaty obligations under the Convention Relating to the Status of Refugees, which Trump has been ignoring.
  • Some small number of additional barriers on the border are authorized, which Democrats will be able to claim is not Trump’s Wall, but Republicans can claim is a step toward Trump’s Wall.

Finally, I hope Democrats insist that a study be done to produce something that until now has never existed: an actual design for a sea-to-sea border wall, with a realistic cost estimate and expert estimates of its effects on illegal immigration, drug smuggling, violent crime, and the environment. The era of wild claims has to end.

Trump may or may not try to build his wall without Congress by declaring a national emergency, but I doubt it will get him anywhere. (Truman wasn’t able to seize the steel industry, and that was during wartime.) Whatever he wants that declaration to accomplish will be tied up in court for the rest of his term. The point of declaring a national emergency, I believe, is mainly to con Trump’s base into thinking that he didn’t really lose.

While I don’t think it will be effective in building a wall, declaring a bogus emergency breaks another norm that protects democracy. Down the road, it could cost us dearly: A leader’s abuse of emergency powers is a common way for democracies to become autocracies.

The Monday Morning Teaser

After looking like it would never end, the government shutdown suddenly ended. I’m planning two featured posts about that. The first is newsy. It collects how the shutdown ended, and what’s likely to happen next. (I will be amazed if the government shuts down again in three weeks. If it does, I expect Trump’s support in the Senate to crumble very quickly.) That’s nearly done and should be out before 9 EST.

The second is more of an opinion piece about how these extortionist tactics need to end. The Founders pictured Congress working as their own Constitutional Convention had worked: by compromise, where you assemble majority support by giving a lot of people part of what they want. For the last ten years, though, Republicans have recognized extortion as a legitimate tactic: If they don’t get what they want, they’ll do something nobody wants, like shut down the government or let it hit the debt limit. The point of those tactics has been to try to push through something that doesn’t have majority support, like repealing ObamaCare or building a wall.

I don’t think there’s any way to make such tactics illegal, though ideas for preventing future shutdowns are floating around. But we need to restore the idea that they’re illegitimate; the public needs to understand that anybody who proposes such a thing is fundamentally opposed to American democracy.

I hope to get that post out by 11. The weekly summary also has Roger Stone’s indictment to talk about, as well as the peace framework for Afghanistan, the UK’s continuing Brexit crisis, proposals for new taxes on the rich, and a few other things. Let’s imagine getting that posted between noon and 1.

Proper Outlets

The fight over whether Trump should be removed from office is already raging, and distorting everything it touches. Activists are radicalizing in opposition to a president they regard as dangerous. Within the government, unelected bureaucrats who believe the president is acting unlawfully are disregarding his orders, or working to subvert his agenda. By denying the debate its proper outlet, Congress has succeeded only in intensifying its pressures.

– Yoni Appelbaum “Impeach Donald Trump” The Atlantic, March , 2019

This week’s featured post is “The Scoop That Wasn’t“.

This week everybody was talking about impeachment

For about 24 hours, it looked like we were headed there sooner rather than later. BuzzFeed apparently had a scoop that showed Trump to be guilty of the same sort of crime that brought down Nixon. Then the Special Counsel’s Office released a cryptic statement casting doubt on that article. The featured post examines where that leaves us.


Meanwhile, Rudy Giuliani moved the goal posts again:

I never said there was no collusion between the campaign, or between people in the campaign. I have no idea. I said “the President of the United States”. There is not a single bit of evidence the president of the United States committed the only crime you can commit here, conspired with the Russians to hack the DNC.

So the denial is down to this: The President himself wasn’t personally involved in hacking the DNC. They used to claim that the whole Mueller investigation was a witch hunt. Now they’re just denying that Trump was responsible for one particular act of witchcraft.

and Brexit

The March 29 deadline for the United Kingdom to leave the European Union keeps getting closer, but Parliament is no closer to approving a plan for what happens then. If March 29 arrives without any action from Parliament, the UK faces what is called a “hard Brexit“: The European Union views it as a foreign country with hardly any special privileges. For example, thousands of flights between British and European airports might have to be cancelled. UK citizens could only come into the EU if they had at least six months left on their passports.

Prime Minister May’s plan for Brexit got crushed in Parliament, 432-202, with opposition both from pro-EU MPs and from those who don’t think her planned break with the EU is sharp enough. She’s expected to present her Plan B today, but moves in either direction may lose as many votes as they gain.

The EU’s highest court has ruled that the UK can unilaterally cancel Brexit and stay in the EU on the same terms as before. But it’s not clear that plan could pass Parliament either.

Lesson for the future: Never hold a referendum where the choices are (1) something as specific as staying in the EU under the current agreement, and (2) a vague “do something else”. A more rational process would have been to authorize the PM to negotiate a leave-the-EU agreement, without making any commitment to go through with that plan until it went up for a referendum against staying in the EU under the current agreement. Two choices, equally specific.

and the shutdown

Four weeks into the shutdown, Trump made his first offer to Democrats. (Up until then, he’d issued nothing but demands.) The offer isn’t much: In exchange for $5.7 billion for his Wall,

  • participants in the DACA and Temporary Protected Status programs get three more years of protection from deportation. These deportations are already on hold until court cases play out, so it’s not clear how much of an improvement three years is over whatever will happen anyway.
  • an additional $800 million would go to humanitarian services at the border.
  • Trump would allow Central American minors to apply for asylum without leaving their home countries, at the cost of making them easier to deport if they come here.

These are all examples of Trump partially undoing damage he has caused since taking office. Trump is the one who announced the end of DACA and removed hundreds of thousands of refugees from TPS. His family-separation and zero-tolerance policies created the humanitarian crisis on the border. And Central American minors only lost the ability to apply for asylum from home when Trump cancelled an Obama program.

So basically, he’s just offering to sell back a bunch of hostages he has taken, with the option to take them again if he gets re-elected. A real concession would be something that moved the ball from where it was when he took office, like offering DACA recipients some kind of permanent legal status. (I am undecided about whether such a concession would be enough to make a deal. But at least it would be a concession.)

Meanwhile, Democrats are making their own offer: more money to do border security right, rather than build a giant monument to xenophobia and racism. The next open-the-government bill in the House will include more money for ports-of-entry (where illegal drugs really come in), and to hire more immigration judges (to drive the case backlog down). Offering asylum to those in danger in their home countries, after all, is a treaty commitment backed by our own laws (laws which the President is sworn to faithfully uphold). If the length of the processing backlog is creating problems, let’s address that directly.

The basic problem is that Trump is living in his own reality. He thinks keeping the government closed gives him leverage, and that he should be able to extort some real price to open it again. Democrats, meanwhile, see Trump’s poll numbers falling and don’t understand why they should pay to make that stop.

Trump has complained that he’ll “look foolish” if he ends the shutdown without getting anything for it. But he WAS foolish. He can’t expect Democrats to cover that up for him.


The humanitarian crisis at the border didn’t just happen, it was planned. NBC News reports:

Trump administration officials weighed speeding up the deportation of migrant children by denying them their legal right to asylum hearings after separating them from their parents, according to comments on a late 2017 draft of what became the administration’s family separation policy obtained by NBC News.

The draft also shows officials wanted to specifically target parents in migrant families for increased prosecutions, contradicting the administration’s previous statements. In June, Department of Homeland Security Secretary Kirstjen Nielsen said the administration did “not have a policy of separating families at the border” but was simply enforcing existing law.

Senator Jeff Merkley wants to investigate Homeland Security Secretary Kirstjen Nielsen for lying to Congress when she declared “we’ve never had a policy for family separation“.


I think Nancy Pelosi’s suggestion that Trump delay the State of the Union (which is traditionally delivered in the House chamber) was brilliant. Trump is unmoved by the strains on the country that his shutdown is producing, but if he has to forgo his biggest TV extravaganza of the year, that hits him where he lives.

and more people running for president

Kamala Harris and Kirsten Gillibrand are in. Along with Tulsi Gabbard and Elizabeth Warren, that makes more women candidates than any party has ever fielded. It will be interesting to see what difference that makes in the process.

In 2016, Hillary Clinton and Carly Fiorina were each “the woman” in their party’s race. In some symbolic sense, they were women entering a men’s club, so how the men would treat them was up in the air. When Trump made sexist comments about Fiorina’s looks, for example, no other women were in a position to call him on it. But when the numbers are more equal, men may not get away with the same behavior.

It will also be harder to use sexist stereotypes while implying that they refer to something specific about a particular candidate. If there’s just one woman in a race, maybe she really does dress funny or have a screechy voice or disappoint in some other way that coincidentally matches a stereotype. But if all the women are counted out for reasons like that, it’ll be pretty clear what’s going on.

but we should be talking about Martin Luther King this weekend

MLK Day should be more than an excuse for a three-day weekend. We should do our best each year to remember King as he was, resisting the temptation to whitewash his message into some vague “color blindness”, and refusing to let his name be co-opted by people working against the principles he championed.

and the incident on the Capitol Mall


First there was a viral video showing MAGA-hatted teen punks harassing a Native American elder on the Capitol Mall. They apparently came from Covington Catholic High School in Kentucky, and had come to the Mall for a pro-life rally. Here’s one observer’s account:

The group outnumbered us and enclosed our small group, chanting ‘build the wall’ and other trumpisms. The group was clearly looking for ANY opportunity to get violent and they consistently infringed upon our space, inching closer and closer, bumping into us and daring us to get physical. They surrounded us, screaming, cajoling, and mocking the elder singer with intentionally disrespectful dancing and attempting to chant/sing louder than him.

Then a much longer video became available, and conservative media started claiming it vindicated the Covington kids. It’s an easy claim to make, because who’s going to watch two hours of video to check you?

I haven’t. But here’s the impression I’m getting from people who have. A handful of Black Hebrew Israelites, the kind of street preachers who like to bait passers-by into debates, started baiting the Covington Catholic kids “using aggressive, provocative and sometimes offensive language to engage, as they usually do.”

The kids could have walked away, which is what most people do when street preachers try to engage them. But instead they responded with their own hostility. This is where the Native American elder, Nathan Phillips, entered the scene. He was on the Capitol Mall for an indigenous people’s rally, and thought the Covington kids were about to get violent against he Black Hebrew Israelites, who they greatly outnumbered. So he walked into the space between the two groups, trying to drum and sing them apart.

Phillips then tried to get to the steps of the Lincoln Memorial, so he could do his song from the top, but the kids blocked his way. That’s where the viral video starts.

and you also might be interested in …

Of all the ways that Trump has profited off his presidency, the most obviously illegal has been the Trump International Hotel in Washington DC. The hotel is housed in the Old Post Office, which is owned by the federal government and managed by the General Services Administration. The Trump Organization’s lease with the government says

No member or delegate to Congress, or elected official of the Government of the United States or the Government of the District of Columbia, shall be admitted to any share or part of this Lease, or to any benefit that may arise therefrom

Also, the Hotel does business with foreign governments (even moreso now that dealing with the Hotel is a way of bribing the President), which raises the issue of the Constitution’s emoluments clause.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Those both seem pretty clear, but in March, 2017 the GSA ruled that its new boss could continue to benefit from the lease, without regard to the emoluments issue. This is literally the definition of self-dealing: As head of the government, Trump was overseeing the lease that he was holding as a private businessman.

This week the GSA inspector general issued a report on this decision. The IG doesn’t get into a legal analysis of either issue, but makes it clear that GSA didn’t even consider the constitutional issue. (The word “punted” comes up.)

the decision to exclude the emoluments issues from GSA’s consideration of the lease was improper because GSA, like all government agencies, has an obligation to uphold and enforce the Constitution

The report ends by making recommendations about future leases. Apparently the IG expects the current issues to play out in the courts.


A clear example of why the Trump International Hotel shouldn’t be owned by the President came up Wednesday. T-Mobile had a big merger deal brewing with Sprint, and it needed approval from the administration. So what did it do? It had its executives repeatedly stay at the Trump International.

These visits highlight a stark reality in Washington, unprecedented in modern American history. Trump the president works at 1600 Pennsylvania Ave. Trump the businessman owns a hotel at 1100 Pennsylvania.

Countries, interest groups and companies such as T-Mobile — whose future will be shaped by the administration’s choices — are free to stop at both, and to pay the president’s company while also meeting with officials in his government. Such visits raise questions about whether patronizing Trump’s private business is viewed as a way to influence public policy, critics said.


Vicious cycle: climate change plays a key role in a wave of destructive fires in California. Responsibility for the fires sends Pacific Gas & Electric into bankruptcy. In bankruptcy, it can renegotiate the terms of contracts it signed with providers of renewable energy, possibly sending them into bankruptcy, and making climate change worse.


Republicans in Congress have just noticed that Rep. Steve King from Iowa is a racist. I wonder how long it will take them to figure out that Trump shares the same viewsTrevor Noah makes fun of just how apparent King’s racism has been for many years.


I can’t believe we’re all talking about a Gillette ad. This one.

First off, I can’t see what there is here for anybody to get upset about. Whoopi Goldberg on The View summed up the message as “Don’t be a jerk”, which is pretty much the way I saw it.

And second, I’m never going to be a Gillette fan anyway, for reasons I outlined in a 2012 article “What Shaving Taught Me About Capitalism“. For generations, Gillette has used its advertising moxie and market power to drive up the cost of shaving. I think if a young man learns how to use either an old-fashioned double-edged safety razor or an even more old-fashioned straight razor, within a week or two he won’t be cutting himself any more, and he’ll save many thousands of dollars over his lifetime. Or he could skip the whole thing and grow a beard as soon as he could.

So I think it’s ridiculous to boycott Gillette over a commercial that tells you not to be a jerk. But I couldn’t boycott the company if I wanted to, because I stopped buying their products a long time ago.

and let’s close with something

If, like me, you’re in the deep freeze this week, look at how much fun winter is in Russia.

The Scoop That Wasn’t

For a day or so, it looked like impeachment would start happening right away. Then the Special Counsel’s Office doused the flames. Now what?


Thursday, BuzzFeed electrified the country with this claim:

President Donald Trump directed his longtime attorney Michael Cohen to lie to Congress about negotiations to build a Trump Tower in Moscow, according to two federal law enforcement officials involved in an investigation of the matter.

The accusation seemed especially strong, because it supposedly rested on much more than just Cohen’s word.

The special counsel’s office learned about Trump’s directive for Cohen to lie to Congress through interviews with multiple witnesses from the Trump Organization and internal company emails, text messages, and a cache of other documents. Cohen then acknowledged those instructions during his interviews with that office.

For most of Friday, the media buzzed with the implications. The Washington Post’s Greg Sargent compared this moment to the appearance of the tapes that brought down Richard Nixon.

if BuzzFeed’s stunning new report is true, we could be looking at a real inflection point in this whole story

Others referred to the report as a “game-changer”, the first easily-grasped-by-the-public evidence that Trump had committed a significant crime. Former Watergate prosecutor Jill Wine-Banks told Lawrence O’Donnell:

This is exactly the Watergate model. … This should be enough. … Even the Republican Senate is going to have to say, “We’ve been had.”

And then Friday night the Special Counsel’s office, which hardly ever comments on any news report, released this statement:

BuzzFeed’s description of specific statements to the Special Counsel’s Office, and characterization of documents and testimony obtained by this office, regarding Michael Cohen’s Congressional testimony are not accurate

That’s not the money quote from a longer statement; that’s the whole thing. But what does it mean? It asserts the existence of inaccuracies, but doesn’t say what they are. And it doesn’t even hint at what the actual truth might be. As best I can tell, it does two things:

  • It monkey-wrenches the drive to a quick impeachment.
  • It keeps us all in suspense about what Bob Mueller’s office will eventually report.

Reading the tea leaves. For its part, BuzzFeed rechecked its sources and didn’t back down. Editor Ben Smith responded:

We stand by our reporting and the sources who informed it, and we urge the Special Counsel to make clear what he’s disputing,

That’s the big question: Is the whole story “inaccurate”, or just some small detail? And what was it about this story that made Mueller’s office decide it needed to comment?

On Rachel Maddow’s show Friday night, several good insights pointed in opposite directions. Rachel herself related the would-be scoop to an earlier puzzle: Why was Michael Cohen charged with lying to Congress to begin with? He had already pleaded guilty to multiple felonies, and the Special Counsel didn’t ask for any additional jail time for Cohen. So why was that worth everybody’s time?

The Buzzfeed story, Maddow observed, offered an answer to that question: The charge against Cohen sets up a later charge against someone else, presumably Trump. If you’re going to accuse Trump of suborning perjury, it helps if you’ve already established that there was a perjury.

She then talked to Michael Isikoff, one of the top reporters on this beat. Isikoff said the original BuzzFeed article was full of “red flags” that should have made us all cautious. It contained no details about when or how Trump gave Cohen his instructions. What texts and emails could the article have been referring to, when Trump himself doesn’t write texts or emails? Cohen’s guilty plea had offered him a perfect opportunity to implicate Trump, and he didn’t.

Former U.S. Attorney Chuck Rosenberg, who has worked with Mueller, tried to read the tea leaves of the Special Counsel statement, and came up with a very narrow interpretation:

The Mueller team is pushing back on aspects of the Buzzfeed story. But I think in the main, what you can glean from their December 7 sentencing [of Michael Cohen] memorandum is that the core of the Buzzfeed story is accurate.

But the Washington Post’s anonymous sources come to the opposite conclusion.

People familiar with the matter said the special counsel’s office meant the statement to be a denial of the central theses of the BuzzFeed story — particularly those that referenced what Cohen had told the special counsel, and what evidence the special counsel had gathered.

The New Yorker’s Ronan Farrow offers an in-between perspective. First, BuzzFeed took a bigger chance on its reporting than he was willing to take.

I can’t speak to Buzzfeed’s sourcing, but, for what it’s worth, I declined to run with parts of the narrative they conveyed based on a source central to the story repeatedly disputing the idea that Trump directly issued orders of that kind.

But Farrow mostly agrees with the story.

Note that the general thrust of Cohen lying to Congress “in accordance with” or “to support and advance” Trump’s agenda (per Cohen’s legal memo) is not in dispute. The source disputed the further, more specific idea that Trump issued—and memorialized—repeated direct instructions.

This is consistent with numerous reports that The Trump Organization works like a Mafia family: The Boss indicates what he wants to happen without leaving specific instructions that can be quoted in court. (Not “Kill that guy”, but “Take care of the situation” or “I think you know what to do”.) Cohen may well have known what Trump wanted done without being able to point to any specific instructions. There might well be “supporting documents”, but of an indirect sort (i.e., Trump Organization people trying to coordinate their stories) rather than written directives from Trump himself.

One of the more interesting speculations is that the conflicting sources are in rival offices: the SCO on the one hand and the Southern District of New York US Attorney on the other.

Impeachment. To me, this whole incident underlines a point that Yoni Appelbaum makes in the current issue of The Atlantic, in an article written before the BuzzFeed article: America needs a formal, dignified, judicious impeachment process, rather than what’s happening now.

The investigation of Trump’s possible crimes, and the corresponding destructive effects on our democracy, should be happening in public view, not behind closed doors at the Special Counsel’s Office, or through anonymous sources in the press.

For decades, we have been talking about the expanding power of the Imperial Presidency, and what should be done about it, if anything. But just as important is the Shrinking Congress.

The fight over whether Trump should be removed from office is already raging, and distorting everything it touches. Activists are radicalizing in opposition to a president they regard as dangerous. Within the government, unelected bureaucrats who believe the president is acting unlawfully are disregarding his orders, or working to subvert his agenda. By denying the debate its proper outlet, Congress has succeeded only in intensifying its pressures. And by declining to tackle the question head-on, it has deprived itself of its primary means of reining in the chief executive.

Is the continuance of the Trump administration dangerous to democracy? That question needs an open debate, with the relevant information made public and the relevant witnesses questioned where everyone can hear them. We shouldn’t be waiting for Bob Mueller to save us, and in the meantime debating over whose anonymous sources really know what they’re talking about.

The Monday Morning Teaser

For a day there, it looked like impeachment would start sooner rather than later: Buzzfeed reported that Trump had directed Michael Cohen to lie to Congress, which is pretty close to what Nixon was impeached for. Then the Special Counsel’s Office put out a cryptic denial, leaving everybody uncertain about what it all meant. Was the Buzzfeed report mostly true, but with some minor inaccuracies? Was it a complete hoax? Who could say?

Maximal uncertainty was probably what the SCO was shooting for, and they achieved it. I’ll try to sort out the divergent tea-leaf readings in the featured post, “The Scoop That Wasn’t”. I’ll try to get that out by 10:30 EST, but if it slips it will probably slip all the way to noon.

In the weekly summary, there’s shutdown news, but nothing that heralds a solution. Brexit continues to flounder; as I said a few weeks ago, all possible conclusions seem unlikely. (I’m reminded of a pregame show where a commentator joked, “I don’t think either of these teams can win this game.”) I can’t help commenting on the MAGA-hat-wearing teens who harassed the Native American elder on the Capitol Mall. An inspector general says the GSA screwed up when it overlooked the constitutional issues in Trump’s ownership of the Trump International Hotel. And that Gillette ad. And I’m in the deep-freeze here in New England, so I’ll be looking for a closing that makes winter seem funny. That’s probably out by 1.

With Whom the Buck Stops

The buck stops here.

sign on President Truman’s desk

The buck stops with everybody.

Donald J. Trump

This week’s featured post is “My Wife’s Expensive Cancer Drug“. Because in America, medical stories are never just about medicine. They’re also about money.

This week everybody was talking about the same stuff as last week

Namely: the partial government shutdown and the Wall that is the central bone of contention.

It’s important not to lose the context of this battle:

  • In February, Trump’s original budget asked for “$1.6 billion to support the construction of 65 miles of new border wall system.”
  • On December 19, the Senate passed a continuing resolution with $1.6 billion for border security, but stipulated that it not be used to build walls in places that did not already have them. This was a bipartisan compromise that went through by voice vote, and Senate Republicans believed Trump would sign it.
  • Trump then demanded an additional $5.6 billion for the Wall, offered Democrats essentially nothing in exchange, and the government shut down on December 22.

The situation hasn’t really changed in the 3+ weeks since. Trump’s “negotiating” has amounted to repeating the same demands and lying to the public about the consequences of having or not having a southern border wall. (Not only are the problems Trump points to vastly overblown, but a wall would do very little to solve them.) Meanwhile, he torpedoes any effort by Republicans in Congress to come up with an offer the Democrats might consider.

The Democrats’ position hasn’t changed either: Most of the departments that have been shut down have nothing to do with border security or the Wall, so why not just re-open them? (If you’re a soybean farmer in North Dakota waiting for a subsidy check to make up for the Chinese exports you lost in Trump’s trade war, the Wall has nothing to do with you. So what sense does it make to leave the Department of Agriculture closed?) On the substance of the issue, Democrats believe the Wall is a silly waste of money, not to mention being an environmental disaster and a symbolic declaration that brown people aren’t welcome here.

The latest way Trump is upping the tension is by threatening to declare a national emergency and repurpose funds that Congress has already approved for dealing with real emergencies, like hurricane recovery in Texas, Florida, and Puerto Rico. Friday, he backed off a little, saying he wouldn’t do that “so fast“. To which MSNBC’s Ari Melber tweeted:

If you can delay it, schedule it, or decide later whether or not it exists … it’s probably not an emergency.

I said last week that I thought using an emergency declaration to circumvent Congress’ constitutional powers would be an impeachable offense. Frank Bowman discusses that possibility on Slate. It’s complicated.

Usually, the emergency declaration is presented as a way that Trump can allow the government to re-open without seeming to have “lost”. (The conflict would then move to the courts, where Trump would probably lose.) But Friday White House officials were floating the idea that Trump might declare an emergency to build the wall and then keep the government closed.

Trump’s allies say the president is reluctant to hand Democrats a “win” by reopening the government after he’s invoked emergency powers. They claim that in such a scenario, Trump’s political opponents would avoid making a single concession and potentially score a major victory if the administration were to lose in federal courts as many legal experts predict.

“He could say, ‘Look, I’m going to get what I want and then I’m still going to screw you,’” a former White House official told POLITICO. “It’s making Democrats feel pain instead of declaring a national emergency, opening the government up, and making it so they don’t have to give anything,” the former official added.

Because it’s never about what’s best for the country. It’s about winning and making your enemies feel pain.


Everybody’s wondering how this ends, and the only possibility I can see is that Trump’s support in the Senate crumbles. I can’t guess how long it will take for that to happen.


An important side issue is why and how the major networks covered Trump’s Oval Office speech on Wednesday. Nothing in Trump’s speech constituted news, and much of it was false. So why did it deserve live coverage? Before the speech, James Fallows laid out the case against. Afterwards he tweeted: “The networks’ decision to air this presentation looks worse after-the-event than it did before.”

There is precedent for networks refusing a president’s request for airtime: They rejected Obama’s request to speak to the nation about immigration in 2014. I find it worthwhile, if a bit depressing, to compare Trump’s speech to Obama’s. Not so long ago, we had a president we could respect, who talked to us as if he and we were all adults.


Trump claimed Thursday that he had never said Mexico would literally pay for the Wall. “Obviously I never said this and I never meant they’re going to write out a check.” But in fact he did. CNN has the documentation from his campaign web site. And in an April 2016 interview with Sean Hannity, Hannity challenged whether the Mexico-will-pay claim was literal. “They’re not going write us a check…” Hannity challenged. And Trump replied: “They’ll pay. They’ll pay, in one form or another. They may even write us a check by the time they see what happens. They may.”


The steel-slat design for the Wall is maybe a little less impenetrable than Trump lets on. This hole was made with an industrial saw.


A furloughed worker at the National Gallery describes his first week of idleness.

and Trump’s collusion with Russia

Friday, the New York Times broke this story:

In the days after President Trump fired James B. Comey as F.B.I. director, law enforcement officials became so concerned by the president’s behavior that they began investigating whether he had been working on behalf of Russia against American interests

Apparently, Robert Mueller inherited that counter-intelligence investigation when he got appointed special counsel.

Yesterday, The Washington Post added this detail:

President Trump has gone to extraordinary lengths to conceal details of his conversations with Russian President Vladi­mir Putin, including on at least one occasion taking possession of the notes of his own interpreter and instructing the linguist not to discuss what had transpired with other administration officials, current and former U.S. officials said.

… As a result, U.S. officials said there is no detailed record, even in classified files, of Trump’s face-to-face interactions with the Russian leader at five locations over the past two years. Such a gap would be unusual in any presidency, let alone one that Russia sought to install through what U.S. intelligence agencies have described as an unprecedented campaign of election interference.

… Senior Democratic lawmakers describe the cloak of secrecy surrounding Trump’s meetings with Putin as unprecedented and disturbing.

I can’t think of any innocent explanation for this. Saturday, Fox News’ Jeanine Pirro asked Trump whether he is or ever has been working for Russia, he replied “I think it’s the most insulting thing I’ve ever been asked.” That, you may note, is not a denial.

Max Boot lists 18 reasons to think that Trump might be a Russian asset.

These revelations follow what we learned Tuesday: That when he was running Trump’s campaign, Paul Manafort was sharing the campaign’s polling data with Konstantin V. Kilimnik, who is widely believed to be a Russian intelligence agent.


Thursday, Treasury Secretary Steve Mnuchin gave a classified briefing to Congress about his department’s decision to relax sanctions against companies owned by Russian oligarch Oleg Deripaska.

Speaker Nancy Pelosi of California called the presentation “one of the worst classified briefings we’ve received from the Trump administration” and accused Mr. Mnuchin of “wasting the time” of Congress. She said Mr. Mnuchin was unresponsive to important questions.

… Representative Brad Sherman, another California Democrat, said he opposed easing the sanctions because it would only increase the wealth of Mr. Deripaska. He said Mr. Mnuchin had no response to that argument except that lawmakers should trust the administration.

and 2020

Julián Castro is running. Tulsi Gabbard is running. Kamala Harris is saying “I might“, which sounds a lot like “I will” at this stage.


The media continues to cover Trump’s insults as if they were news. Just today, the Washington Post made a headline of Trump’s “trash heap” comment on Joe Biden, and of his “Wounded Knee” reference in a tweet about Elizabeth Warren. I can’t find any other coverage of Biden or Warren in the WaPo today. Apparently, journalists learned nothing from 2016.

but there are some articles I’m trying to ignore

Here’s one typical of the type, from Politico: “Exasperated Democrats try to rein in Ocasio-Cortez“. Guess what? Not all Democrats are as liberal as Alexandria Ocasio-Cortez, and the ones who don’t agree with her wish she’d get less attention. She got her seat by beating an incumbent Democrat in a primary, and she thinks other progressives should try to do the same thing, particular if (like her) they come from a district that is more liberal than the Democrat representing it. Democrats who aren’t as liberal as their districts hope she doesn’t support their challengers.

None of that should be surprising, and it’s hard for me to see why it’s newsworthy. But I think we’re going to see a lot of articles like that, for a simple reason: Conflict is easier to cover than governing. Reporters at places like Politico would rather write Democrats-are-fighting-each-other stories than Democrats-are-working-on-legislation stories.

Politico reporters and their ilk are like the village gossip, who gets attention by asking “Did you hear what so-and-so said about you? What do you think about that?” and then taking your response back to so-and-so and doing the same thing. That kind of reporting doesn’t require the reporter to learn anything about climate change or immigration or any other substantive issue. The resulting article doesn’t have to make government or the legislative process interesting to its readers.

Instead, political reporters get to write about conflict and manipulate their readers’ outrage. If you don’t like AOC, you read the Politico article and think “Who does she think she is?” If you do, it’s “Why can’t jealous Democrats do their own jobs and get off her back?” Meanwhile, you’ve learned nothing about the country’s problems or how Democrats in Congress are trying to address them. Later, reporters will talk to the same citizens they have failed to inform, and write about how people don’t think Democrats are doing anything.

I think we should ignore them.

and you also might be interested in …

Christians never stop trying to use tax money to promote their religion. In Florida and North Dakota, the legislature is considering bills to force school districts to offer courses on the Bible. In Kentucky, such a bill has already passed, but the curriculum hasn’t been implemented yet.

This is yet another example of the hypocrisy in the conservative value of “local control”. Why can’t communities decide for themselves whether or not to offer such courses?

Constitutionally, the line is pretty clear for people who want to understand it: It’s legal to teach about religion in public schools, but illegal to teach religion. The difference is simple. If the teacher says, “Most Christians believe that Jesus rose from the dead”, that’s OK. If the teacher says “Jesus rose from the dead”, that’s not OK.

and let’s close with something prescient

Life imitates art:

“Trackdown” aired on CBS between 1957 and 1959 and took place in Texas following the Civil War. The series followed Texas Ranger Hoby Gilman, played by Robert Culp, on his adventures protecting the people of the Lone Star State. The 30th episode of the show, titled “The End of The World,” premiered on May 9, 1958, and saw a con man named Walter Trump, played by Lawrence Dobkin, attempt to scam the entire town.

The fictional Trump warned the Texans that apocalyptic meteors would strike the town at midnight, but he could protect everyone. … His solution was to build a wall made of magical metal that would repel the meteors and keep everyone safe.

The full episode is on YouTube.

My Wife’s Expensive Cancer Drug

We’ve seen the good and bad sides of the American drug and insurance industries.


In 1996, my wife Deb was diagnosed with breast cancer. It had already spread to nearby lymph nodes, so the possibility that she would die (as her mother had just a few years before) was very real. We hit the cancer with everything the 1990s medical arsenal had to offer, on the theory that we would really only get one shot at it: If it came back, she’d probably die from it.

In 2003, it looked like it had come back. Or at least something was growing in the space between Deb’s stomach and liver. If it wasn’t a recurrence of the breast cancer, it was probably stomach or liver cancer, each of which was its own death sentence. A biopsy didn’t yield any definite results, and the tumor quickly grew to about the size of a soccer ball by the time a surgeon took it out. (It took 54 staples to close the incision.) I tried to stay as hopeful as I could, but deep down I was expecting her to die in a year or two.

The soccer ball turned out to be a gastro-intestinal stromal tumor (GIST), which only a year or two before would have been yet another death sentence. GISTs were impervious to standard turn-of-the-millennium chemotherapy, and they nearly always came back after surgery.

Fortunately for us, though, there was a new drug. Gleevec had been developed for treating leukemia, but it turned out to work on certain kinds of GISTs also, or at least the trials looked good. The short-term statistics were excellent, and the anecdotal reports were full of miracle stories where tumors just went away overnight. Long term … who knew? But long-term problems were things we could worry about in the long term. Deb’s oncologist Roger Lange (who we loved and she eventually outlived) said, “It looks like you haven’t used up your nine lives yet.”

That was the last we’ve seen of GISTs. For nearly 16 years, she’s been taking Gleevec or a generic equivalent. There are side effects (mainly a general loss of energy that exaggerates the effects of normal aging), but she can live with them. Literally.

So three cheers for modern drugs and the pharmaceutical industry that makes them! They save lives.

Wouldn’t it be great if that were the whole story? But in America, medical stories are never just about medicine. They’re also about money.

What’s your life worth to you? The economic aspect of Gleevec has always been controversial. It is made by Novartis, a private company whose purpose isn’t to save lives, but to make money for its shareholders. The drug presumably cost a lot to develop and has a small market, but for that small number of people it is literally the difference between life and death. So they should be willing to pay a lot of money, right?

That was the thinking when Novartis launched Gleevec in 2001, charging a hefty $26,400 per patient per year for the drug, a price that was then estimated to recoup development costs in two years, with profits accruing thereafter. And then something strange happened: The price kept increasing, year by year, even though alternative drugs began to hit the market. In fact, the alternatives seemed to draw Gleevec’s price upward: New drugs were introduced at even higher prices, so why shouldn’t Gleevec cost more too?

The result was that when its patent on Gleevec expired in 2015, Novartis was charging $120,000 per patient per year. (As I bounce from one reference article to the next, the prices quoted don’t line up exactly. I’m not sure why. All the articles I link to agree on the general direction of prices.) The original price was already profitable, but the increased price made Gleevec a blockbuster drug that brought in $4.7 billion a year.

Patents and generics. Outrageous as it sounds, from an investor’s point of view that’s how the system is supposed to work. Medical research is hard and costly, and a lot of it doesn’t yield any marketable products. So each successful drug has to pay not just for its own development costs, but also for all the once-similarly-promising drugs that failed. It’s precisely because blockbuster drugs can earn so much money that companies invest the resources to develop them. So I can claim that Gleevec shouldn’t cost this much, but if it didn’t, maybe it wouldn’t have been developed to begin with. And maybe Deb would be dead by now.

So OK: Big profits are a necessary evil that produces a greater good. At least that’s the theory.

If you develop a drug, you can get a patent on it that lasts 20 years from when you submitted the patent application. Typically you submit well before the drug comes to market, so you end up with 15 years or so of a monopoly on a marketable drug. As a monopolist, you can charge pretty much what you want. And if your drug is uniquely applicable to certain desperate patients, they’ll pay it if they can.

But eventually your patent runs out, and then your drug is just a chemical that any good chemical company should be able to synthesize, producing what is known as a generic drug. Generics still have to go through trials to prove that they work more-or-less as well as the original, but that process is nowhere near as risky, costly, or time-consuming as what the innovating company had to do: A generic-drug company begins with the knowledge that something like this works, and has a drug it can reverse engineer. So it’s an engineering problem, not a medical research problem.

In Gleevec’s case, the generic is known as imatinib mesylate. By now a number of companies make it, so you might expect the magic of market competition to take hold.

In the case of Lipitor (the anti-cholesterol drug that is the the drug industry’s all-time revenue champion), prices dropped about 80% after the patent expired. An even better example is aspirin: a 500 tablet bottle will cost you about $9, unless it’s on sale. Aspirin is so well understood and is produced by so many companies that the retail price is getting close to the cost of production. But a particularly bad example is insulin: It’s been around for a century or so, but lately its price has been skyrocketing. The Washington Post Magazine reports:

In the past decade alone, U.S. insulin list prices have tripled, according to an analysis of data from IBM Watson Health. In 1996, when Eli Lilly debuted its Humalog brand of insulin, the list price of a 10-milliliter vial was $21. The price of the same vial is now $275.

… The global insulin market is dominated by three companies: Eli Lilly, the French company Sanofi and the Danish firm Novo Nordisk. All three have raised list prices to similar levels. According to IBM Watson Health data, Sanofi’s popular insulin brand Lantus was $35 a vial when it was introduced in 2001; it’s now $270. Novo Nordisk’s Novolog was priced at $40 in 2001, and as of July 2018, it’s $289.

The insulin-producing companies don’t even have the excuse of a small market: About 7 million Americans need insulin.

Gleevec has been more like insulin than aspirin: The generic drug companies haven’t really tried to undercut Novartis’ price. When the first generic hit the market, Gleevec was going for about $9,000 a month; the generic was priced at $8,000. Additional generic manufacturers entering the market didn’t increase that gap much.

At least, that’s what happened in the United States. In 2016, a doctor predicted:

Today, health care is globalized, and there are more than 18 generic imatinib versions available worldwide, including 3 in Canada. Generic imatinib is sold at $8,800/year in Canada and at about $400/year in India. The cost to manufacture a 1-year supply of 400-mg imatinib tablets is $159. Two years from now, the price of generic imatinib in the United States (or purchased from abroad) will be significantly lower, hopefully less than $1,000/year.

But that didn’t happen. Instead, the price has remained in the $90K-$120K range.

If you’re surprised that a generic whose annual per-patient cost of production is $159 would sell for close to $100,000, you’re not thinking like an oligopolist. Sure, you could sell imatinib mesylate for $200 a year, but why would you? People are paying $8,000 a month. Why rock that boat?

At the moment 20 states, led by Connecticut, are suing a number of generic drug makers, accusing them of price-fixing. Imatinib mesylate was not named in the original suit, but the general practices described apply to a lot of drugs. Connecticut’s assistant attorney general Joseph Nielsen describes the generic drug industry as “most likely the largest cartel in the history of the United States“.

Insurance and Medicare. If you’ve been doing the math — between $30K and $120K a year for 16 years — you must be wondering what kind of plutocrats Deb and I must be (or at least must have been when all this started) that we’re not bankrupt yet. But in fact, for most of that time very little of that cost passed through to us. Deb worked at a company that had very good insurance. And when she retired, we were allowed to keep that insurance as long as we paid our own premiums.

So in the same way that I have to be thankful to the pharmaceutical industry, I also have to be thankful to the insurance industry. Over the years, they have spent a whole lot more money on us that we spent on them.

(I have, of course, wondered what happens to GIST survivors who don’t have good insurance. The effect of the drug is invisible — the evidence that it’s working is that nothing happens — so I can imagine the temptation to just stop taking it rather than bankrupt your family.)

Unfortunately, though, Deb’s company’s insurance only carried her until age 65, when she was expected to sign up for Medicare. That happened in October (though for reasons not worth getting into, she didn’t need to worry about it until the new coverage year started this month). But OK, Medicare has Part D, which covers prescription drugs. So we’ll be OK, right?

Signing up for Part D involves choosing among a bunch of plans that are underwritten by private insurance companies. Wikipedia describes the situation like this:

Because each plan can design their formulary and tier levels, drugs appearing on Tier 2 in one plan may be on Tier 3 in another plan. Co-pays may vary across plans. Some plans have no deductibles and the coinsurance for the most expensive drugs varies widely.

In short, if you expect to need an expensive drug, you need to do your research before you pick a plan. What if you’re old and never used the internet much, or just kind of confused in your thinking? Well, you might be out of luck.

But Deb is computer savvy and diligent, so she searched the various companies’ online pricing tools until she found a plan that quoted a good price on generic Gleevec:

Ignoring the details of the various $300-something monthly charges, the annual cost was estimated at $4069.55. Not cheap, but well below the what-is-your-life-worth level, and for some reason significantly cheaper than other plans from the same company.

Estimates are not promises. She did that research in November, when decisions for the 2019 coverage year had to be made. So imagine our surprise when she went to fill her first monthly imatinib prescription in January, and discovered that it cost $2,881.07!

Your first thought, like ours, might be that something drastic had happened to the imatinib market between November and January. But no: At the same time that SilverScript was charging us $2,881.07, their pricing tool was still showing prospective customers that the price would be $348.06.

Hours spent on the phone with a wide range of SilverScript employees yielded her nothing: Yes, there was a factor-of-8 gap between the pricing estimate (which they were still showing on their web site) and the price they were actually charging us. And no, this isn’t like Wal-Mart, where they usually honor the price they display, even if it’s a mistake. (And is it a mistake? They don’t seem to be in any hurry to correct it. Maybe it’s intentional deception.) The letter we got from the grievance department says:

Please note that copays are estimates only. We are unable to provide exact copays until such time as the prescription is processed.

And if they’re quoting you one price at the exact same moment that they’re charging a drastically higher price to someone just like you, that’s just the way it goes. Maybe you should pick a different insurance company next year, based on their (possibly inaccurate) pricing information.

What happens after next month? The people who weren’t still quoting the $348.06 price were telling Deb that $2881.07 was what we could expect going forward, or maybe even something higher. So we were looking at an annual cost in the neighborhood of $30,000.

Think about what that would mean: After generics, after insurance, we’d be paying the full price that Novartis originally charged for Gleevec.

But hey, what’s your life worth?

Fortunately, though, it turned out that the SilverScript people who were quoting those prices didn’t know what they were talking about either. (Again, though, I have to wonder what is a mistake and what is intentional. If the low-price information was intended to get us to commit to their program for 2019, maybe the high-price information was intended to make Deb reconsider whether she really wanted to keep taking this drug. Because the ideal health-insurance customer is somebody who pays premiums but doesn’t use services.) Or at least that’s how it appears right now.

For some reason, nobody at SilverScript mentioned the Medicare Donut Hole. (A Blue Cross person explained it when Deb was researching whether she could switch to another Part D plan after the year started.) Follow the link if you want a more complete explanation, but what it means for us is that after we spend $5,100, we hit the catastrophic coverage phase, where the insurance starts to cover 90% of the drug’s cost. If that’s really how things play out (we’re not fully believing anything we read at this point), our annual costs will wind up being something like what the SilverScript web site was predicting for the plans we didn’t choose: Around $10,000 rather than $4,000 or $30,000.

It’s weird: After you’ve spent a week or so wondering where you’re going to come up with an extra $30,000 each year, $10,000 sounds pretty good. It’s not pocket change, but we can afford it. It beats going off the drug and finding out for sure whether it is still necessary.

The lessons I draw. There are ambiguous lessons to learn from our experience. On the one hand, thanks to drug research and health insurance, Deb is alive and we’re not bankrupt. The most important stuff has turned out well, at least so far.

But on the other hand, it seems obvious to me that this system is full of waste and corruption. Novartis should never have been able to charge such a high price for Gleevec, and there was absolutely no reason why the generic drug companies should have been able to share in those windfall profits. In theory, once patents expire the free market will drive prices down. But in the real world that doesn’t happen. Instead, a few companies divide the pie among themselves. They know they have a good thing going, and they aren’t going to ruin it by undercutting each other’s prices.

The market will never fix this, so government needs to get involved.

And why exactly is health insurance still in the private sector rather than being part of the government? The justification I usually hear is that the profit motive will produce better customer service and more efficient delivery of services. I don’t see anything in our personal experience to support that notion. To me, it looks like companies are motivated to lie to us, and none of the insurance people we have dealt with seem to be oriented towards the mission of helping people and saving lives.

When Deb was dealing with the SilverScript grievance people, she reported that they appeared to be following a script rather than trying to understand her case. Nobody seemed to grasp the idea that they were participating in a bait-and-switch fraud, or to be particularly upset if they were. Listening to her account of the conversations, I found myself wishing she had asked, “In your job dealing with grievances, have you ever actually helped anybody?” That question wouldn’t have improved our outcome in any way, but I’d just like to know.

Personally, I’d rather take my chances with government bureaucrats. People in the government may be insulated from market forces, but often they identify with the mission of their office. For example, I recently had to change my drivers’ license from New Hampshire to Massachusetts. I ran into all sorts of unexpected bureaucratic problems; for some reason, none of my documents were the exact ones the system was looking for. Through it all, though, the clerk I was dealing with did her best to guide me through the labyrinth. In her mind, she was there to help people.

That’s not the impression Deb got from SilverScript. The company isn’t trying to provide healthcare or help its customers find ways to pay for it; it’s trying to make as much money off of them as it can. The grievance department isn’t there to respond to customers’ legitimate grievances, it’s there to mollify and divert people who have been conned by the company’s deceptive practices. The individuals who work there are probably no worse than the rest of us, so they can’t identify with that mission. Instead, they sink into their scripts.

My bottom-line conclusion is that the profit motive is not serving us in health care. There has to be a better way.

The Monday Morning Teaser

I’m tempted to repost last week’s weekly summary and see if anyone notices. The government is still in partial shutdown. Trump is still lying about the Wall and posturing rather than negotiating. Democrats are waiting for him to get real, while simultaneously waiting for Mitch McConnell to remember that he still has a job. If you didn’t watch the news this week, you didn’t miss much, at least not on that story.

The Trump/Russia story got a little racier. At the time of Mueller’s appointment, the FBI was investigating whether or not Trump is a Russian asset. That probe got folded into Mueller’s investigation. Also, Trump has been unusually secretive about his conversations with Putin. And Paul Manafort was sending internal Trump-campaign polling data to Putin allies. But there’s nothing to see here; it’s all a witch hunt.

Meanwhile, Democrats keep lining up to run against Trump in 2020. And the media seems to have learned nothing from the way Trump manipulated them in 2016: They’re still covering his insults as headline news, and crowding out actual substantive information about potential challengers. They’re also doing their best to rev up Democrats-are-fighting-each-other stories, which are easier to cover than Democrats-are-trying-to-govern stories.

But this week’s featured article is more personal than that. My wife is a survivor of two different cancers, and takes a very expensive drug to keep one of them from coming back. That’s given us a window into both the good and bad sides of American health care and health insurance, including an incredible (to me, at least) development this month, as she starts Medicare Part D coverage. I’ll write that up in “My Wife’s Expensive Cancer Drug”, which should come out around 11 EST.

Expect the weekly summary around noon. Or go back and read last week’s.

Against the Wall

He’s changed his demand from time to time and he’s changed the amount of money he’s asking for dramatically from 2 billion to 5 billion to 11 billion to 25 billion even to 70 billion dollars. And when we asked for specifics, how are you going to spend this money? What are you going to do with it? He basically says we’ll shut down the government till you agree on it.

Senator Dick Durbin

This week’s featured post is “Are powerful women likable?

This week everybody was talking about the new Congress

The Congress that we elected in November took office on Thursday. This Congress isn’t just philosophically different from the previous one, it’s visually different. Here, the gavel passes from a blue suit to a red dress.

And Mike Pence swears in new Arizona Senator Kyrsten Sinema.

At her request, she is being sworn on a law book that contains the Constitution, rather than on a religious text. (President John Quincy Adams did the same thing in 1825.) She’s the first openly bisexual member of the Senate, and she’s exercising her right to bare arms. Meanwhile, Rashida Tlaib, who (along with Ilhan Omar) is the first Muslim women to enter Congress, was sworn in on Thomas Jefferson’s Quran, provoking sputtering rage from Christian bigots.

Who can forget this photo of the Republican interns of the last Congress.

There is a woman of color back there somewhere, but finding her is a where’s-Waldo exercise. Meanwhile, here’s just a part of the class photo for the House’s entering freshman members this year. Not interns, members.

The new Congress makes the country’s political situation clear at a glance: There is one party that wants to preserve the white Christian patriarchy, and another party for everybody else. The Everybody Else Party just came to power in the House.


In addition to voting to reopen the government, House Democrats introduced HR 1, an anti-corruption bill. Its three planks address campaign finance (including a 6-to-1 government matching for small donations to candidates who agree not to take large donations and a requirement that SuperPACS disclose their donors), government ethics (including requiring presidential candidates to disclose their last ten years of tax returns), and voting rights (opt-out voter registration, election day becomes a holiday, plus anti-gerrymandering, and anti-voter suppression measures).

For contrast, think about just how badly Trump has done with his promise to “drain the swamp”: The Secretary of Defense is from Boeing. The Treasury Secretary is from Goldman Sachs. The Attorney General ran a dark-money operation. The Interior Secretary is an oil lobbyist. The Commerce Secretary “could rank among the biggest grifters in American history“. The Labor Secretary arranged a sweetheart plea deal to keep a rich child predator out of jail. The HHS Secretary is from Eli Lilly. The HUD Secretary spent lavishly on his office furniture and hasn’t done much else. The Education Secretary is a champion of for-profit colleges and has invested in student-debt collection companies. The EPA Director is a coal lobbyist.


BTW, Rashida Tlaib also made headlines by telling a group of Move On supporters that “Bullies don’t win” because “we’re going to impeach the motherfucker.”

Conservatives were apoplectic about this violation of political decorum, to which I reply, “Oh, now you have standards.”

But my my policy on this blog is that until Robert Mueller provides clear evidence that Trump had carnal relations with his mother, calling him a motherfucker is premature. I will restrain myself.

and the shutdown and the Wall

On its first day, the House passed bills to fund the government through the end of the fiscal year, except for the Department of Homeland Security, which got a continuing resolution through Feb. 8, with no funding for Trump’s Wall. The funding is on the same terms that the Senate passed by acclamation before Christmas, but now Mitch McConnell is refusing to bring it up for a vote.

What this makes clear is that, under McConnell and Trump, the Senate is no longer an independent institution. The Republican majority is under Trump’s thumb, so as long as he’s not happy, the Senate won’t pass anything. McConnell isn’t even involved in trying to negotiate a solution.

For his part, Trump continues to lie about the Wall and why Democrats might oppose it. No, it’s not because we want open borders and it’s not because we want to deny him a “win”. It’s because the Wall is a stupid idea, as congressmen who have represented border areas know. Democrat Beto O’Rourke tweeted this video. Republican Rep. Will Hurd said, “Building a 30 foot high concrete structure from sea to shining sea is the most expensive and least effective way to do border security.” He also described the $5 billion Trump wants for the Wall as “a random number”.

A 2000-mile border wall didn’t arise in border-security circles, it was just a line that made Trump’s crowds cheer. It’s still not much more than that, which is why Trump can change the height or material from one tweet to the next. Nobody would ever appropriate billions for “a dam” or “a highway” without any more detail than that, but taxpayers are supposed to pony up $5.6 billion as a downpayment on “a wall” whose future costs are unknowable.

In late December, Chief of Staff John Kelly said:

The president still says ‘wall’ — oftentimes, frankly, he’ll say ‘barrier’ or ‘fencing.’ Now he’s tended toward steel slats. But we left a solid concrete wall early on in the administration when we asked people what they needed and where they needed it.

In other words, they discovered that real border-security people had no use for the make-crowds-cheer idea. Lindsey Graham has described the Wall as “a metaphor for border security”. Does that sound like a plan to you? Would you vote to spend billions on a bridge, knowing that it might just be “a metaphor for crossing water”?


BTW, with so few details about how the wall money would be spent, what assurance do we have that a chunk of it won’t wind up in Trump’s pocket?


Many pundits are predicting that a Wall-for-DACA deal is what will end the shutdown. But Trump turned such a deal last year and isn’t offering it now.

Trump doesn’t appear to be offering Democrats much of anything, preferring to pile on threats. (Mainly, he’s offering to mitigate some of the suffering he has caused at the border, as if partially undoing a negative were a positive.) Recently he’s been claiming he can declare a national emergency and build the wall without congressional appropriations. If he tries, that actually would be a national emergency: a tyrannical abuse of power.

Last June, I wrote down my thinking about impeachment, precisely to avoid the temptation to reshape my interpretation of “impeachable offense” to match whatever Trump did or Mueller found. My fourth justification for impeachment was “Congress has no other way to protect itself or the judiciary from presidential encroachment.” That would be the case here: If Trump tries to build his wall without Congress, in my mind that would be an impeachable offense.

I still don’t see how this shutdown ends, unless Republicans in the Senate start defecting. That could take months, during which people will get evicted from government-subsidized housing, unpaid TSA employees will stop showing up to work, and the IRS will stop issuing tax refunds.

and Mitt Romney

The commentariat got very excited by Mitt Romney’s op-ed in Wednesday’s Washington Post. Just before entering the Senate, Mitt actually criticized President Trump. He followed up with an interview with CNN’s Jake Tapper.

To a great degree, a presidency shapes the public character of the nation. A president should unite us and inspire us to follow “our better angels.” A president should demonstrate the essential qualities of honesty and integrity, and elevate the national discourse with comity and mutual respect. As a nation, we have been blessed with presidents who have called on the greatness of the American spirit. With the nation so divided, resentful and angry, presidential leadership in qualities of character is indispensable. And it is in this province where the incumbent’s shortfall has been most glaring.

Well, good for him, but I’m not too excited yet. It’s good to know that all Republican criticism of Trump in the Senate didn’t end when Bob Corker and Jeff Flake left. But while they might occasionally speak out, Corker and Flake seldom did much to get in Trump’s way. Will Romney? It’s not clear.

If the Mueller Report ends up containing as much evidence of impeachable offenses as I suspect it will, most likely Trump will act out somehow and we’ll find ourselves in a constitutional crisis. The question then will be whether Republicans in Congress stand up the way that Barry Goldwater stood up to President Nixon in 1974. Does Romney have that in him? History will want to know.

but you should pay attention to …

In The Atlantic, Elizabeth Goitein examines the various emergency powers Congress has granted the President over the years, and how a president with authoritarian tendencies might take advantage of them. It’s a scary list of stuff, and the article ends with a fantasy of how Trump could use emergency powers to hang on to the presidency. Ultimately, the only defense against this kind of action is if key actors up and down the line refuse to cooperate.

and you also might be interested in …

Climate change can be mapped in a variety of ways. The tropical zone is advancing 30 miles a decade. The boundary between the humid Eastern U.S. and the dry Western U.S. has shifted 140 miles to the east since 1980. Plant hardiness zones in the U.S. are moving north at more than a mile a year.


The Guardian has a worthwhile article on exercise. The basic problem is that humans evolved to have active lives, but in modern society most of us have inactive lives. Sit-all-day-and-then-go-to-the-gym is better than just sitting all day, but it’s not a perfect fix either.

In my conversation with [longevity researcher Gianni] Pes, he repeatedly stressed that while diet and environment are important components of longevity, being sedentary is the enemy, and sustained, low-level activity is the key that research by him and others has uncovered: not the intense kinds of activity we tend to associate with exercise, but energy expended throughout the day. The supercentenarians [110-year-olds] he has worked with all walked several miles each day throughout their working lives. They never spent much time, if any, seated at desks.

And it’s not just the sitting:

He discovered one group of women who had spent their working lives seated, but nonetheless reached a great age. They had been working treadles (pedal-powered sewing machines), which meant they had regularly burned sufficient calories to derive the longevity benefits of remaining active.

What we really need is to make our daily lives active.

What is needed are the kinds of strategies that would make exercise unnecessary. Urban planning that better addresses the outdoor experience and encourages movement would be a key part of this change. But on an individual level, we can think about returning a little of the friction that technology has so subtly smoothed out for us, and make it easy to get things done. Exercise becomes physical activity when it is part of your daily life.

and let’s close with something incongruous

Sadly, video of Claire Foy’s performance of “Rapper’s Delight” on Jimmy Fallon’s show is no longer available. But Sandra Bullock’s version from 2013 is still up.

Are powerful women likable?

OK, a lot of people found Hillary Clinton hard to like. But three more women gained the spotlight this week, and guess what? They’re unlikable too. Maybe there’s a problem here we need to look at.


Maybe there really was some unique I-can’t-put-my-finger-on-it thing about Hillary Clinton that put people off. Sure, she was whip-smart, had a boatload of executive and legislative experience, could stand up to 11 hours of hostile questioning, and had put forward an impressive collection of policies she wanted to implement if she got elected, but … you know. There was just something about her that made voters uncomfortable.

Maybe it was her voice, or her hair, or the way she dressed. She was just too … something. If that many people had said that many bad things about her over the years, there must have been some fire under all that smoke, right? And behind closed doors, she was supposed to have a temper. I know, John McCain’s temper was part of his charm — he was fiery and passionate sometimes, you know — but Hillary’s temper was so … we can’t say bitchy any more, can we? But you know what I mean. It was different.

OK, let’s give people a mulligan for Hillary. And let’s give another mulligan to the people who couldn’t possibly be racist, but some ineffable something about Barack Obama just felt wrong to them. He just wasn’t like the rest of us — not because he was black, of course. Lots of people are black. But … you know. And if he claimed to be an American-born Christian, didn’t that seem kind of fishy somehow? How could we trust somebody like … well, like that, whatever “that” means.

Honestly, I’m starting to get my own ideas about what sounds fishy here, but let’s not dwell on the past. Let’s talk about now. Let’s talk about Elizabeth Warren and Nancy Pelosi and Alexandria Ocasio-Cortez. All three of them have been making news lately, and they’ve all been running into unusual levels of hostility. Each of them, in her own way, has some indescribable quality that raises a lot of people’s ire.

What could it possibly be?

It’s not incompetence. Nancy Pelosi is the most talented legislator of our time. She has no real competition for that title.

When she was Speaker before, the House got stuff done. Appropriations bills got passed on time. She not only saved ObamaCare, but passed a bunch of Obama’s other progressive proposals (most of which died in the Senate).

As soon as the Democrats lost their majority in the House, everybody suddenly realized that the Speakership is a hard job. Even if you lead a partisan majority, holding it together well enough to pass an agenda takes real skill. John Boehner couldn’t do it. Paul Ryan couldn’t go it. Again and again, they would fail to get a proposal to the floor, or miscount votes and see a bill fail unexpectedly. (To this day, a Republican healthcare bill with positive content hasn’t even been drafted, much less voted on or passed.) Deals they thought they had negotiated fell apart at the last minute. Boehner just barely avoided pushing the United States into a self-inflicted financial disaster.

The Speakership is hard, unless you do it backwards and in heels like Pelosi does. Then it looks easy.

When LBJ and Sam Rayburn were the masters of Congress, their skills were appreciated even by many who disagreed with their goals. Phrases like “wheeler-dealer” and “arm-twister” got used with a certain amount of admiration. But it’s hard to imagine applying descriptors like that to a woman. Instead, she (and not Chuck Schumer) was the villain of GOP campaign ads across the country. Her own party seriously discussed not letting her be Speaker again if they regained the majority. (Schumer, meanwhile, lost seats in the Senate and was not challenged.)

It’s not inauthenticity. One complaint about Hillary Clinton was that she just wanted to be president and didn’t stand for anything. But Elizabeth Warren’s political career has a definite theme: Capitalism needs to be regulated to keep big corporations from running over ordinary people.

After the crash of 2008, Warren left a cushy position at Harvard Law School and entered public life because she wanted to protect consumers from the predations of the big banks. She ran for the Senate in 2012 because Republican opposition in the Senate made it impossible to get the job she had wanted: head of the Consumer Financial Protection Bureau (whose creation she had overseen). In the Senate, she has been a leading voice against the concentration of corporate power.

She has the working-class biography to back up her sympathies with ordinary people. Rather than being tracked for high positions early in life (like, say, Brett Kavanaugh), she came from a working-class family and her career developed slowly: She left college to get married, then followed her husband as his career took him to Houston and New Jersey. She finished a bachelor’s degree in speech pathology and  taught public-school children with learning disabilities. She interrupted that career to be an at-home mother, then later went back to school in law. She started out doing legal services from her home, then started teaching, and rose in academic ranks as an expert in laws related to bankruptcy. Eventually she got to the top of the academic heap: tenure at Harvard.

When Clinton, a centrist woman, seemed like the inevitable nominee in 2016, there was a groundswell among progressives for Warren to challenge her. Only after she refused to run did Bernie Sanders get into the race and lead progressive Democrats.

So announcing her presidential candidacy for the 2020 nomination raises one obvious question of substance: Just how much regulation does capitalism need? If you’d rather talk politics, you still have a number of interesting questions to choose from: Can she recover the support of the progressives who turned to Sanders in 2016? Can the Sanders/Warren wing of the party win this time? Can she get more support from blacks and centrists than Bernie got in 2016? And so on.

Instead, Politico raised this question:

How does Warren avoid a Clinton redux — written off as too unlikable before her campaign gets off the ground?

Politically, it’s hard to see much resemblance between Warren and Clinton, except for this: Both of them are women who saw their unfavorability ratings spike when they started to look like serious candidates. Clinton herself explained it this way:

It’s always amusing to me that when I have a job, I have really high approval ratings; when I’m actually doing the work, I get reelected with 67 percent of the vote running for reelection in the Senate. When I’m secretary of state, I have [a] 66 percent approval rating. And then I seek a job, I run for a job, and all of the discredited negativity comes out again, and all of these arguments and attacks start up.

It’s not a lack of passion and vitality. Another criticism of Clinton (which sometimes also gets said about Warren, though I don’t understand why) was that she seemed cold. But if you want a politician who is the opposite of cold, I’ve got one for you: new Congresswoman Alexandria Ocasio-Cortez. But strangely, she also has been a target of public ire.

Since upsetting a member of the House Democratic leadership in a primary and then winning his seat in the general election, Ocasio-Cortez has been targeted both for being too poor and for not being as poor as she’s supposed to be. Predictably, the too-rich criticism was based on her clothes: “That jacket and coat don’t look like a girl who struggles.”

When Paul Ryan came to Congress, he was a “young gun”; his youth was evidence of how extraordinary he must be, to get so far so fast. But AOC’s youth just points to her being a lightweight, because there’s no female equivalent of a “young gun”.

This week, we learned of a new AOC outrage: She and her friends made a dance video in college. Unlike, say, Melania Trump or Scott Brown, she kept her clothes on, but still the video is supposed to be embarrassing for some reason. My main reaction is that this video is a trivial thing that shouldn’t evoke anything more than a trivial response; mine is that college-age Alexandria looks like somebody college-age me would have wanted to go out with (assuming away the time-travel problem). But you can judge for yourself.

Somehow, though, conservatives looked at that video and saw something scandalous. I think this tells us more about them than about AOC. As Paul Krugman put it: “The mere thought of having a young, articulate, telegenic nonwhite woman serve is driving many on the right mad.”

If just being young and nonwhite were the problem, that would be one thing. But in the context of Clinton, Pelosi, and Warren, we see that being older and white doesn’t protect a woman either. The specifics of a woman’s life and character may shape how she gets disparaged, but her unique characteristics are not why she gets disparaged.

People are starting to notice. Robby Mook may have exaggerated a little about the reaction to Warren’s announcement video, but he wasn’t exactly making this up, either.

Last 24 hours shows Trump’s 2020 path to victory:
-Dem candidate releases video that explains her background, values, vision and policies
-it never mentions Trump;
-Trump responds with childish insult;
-Media only covers insult.
All process, all on Trump’s terms. No Dem message.

Maybe Trump and the press will do that with every Democratic candidate. But I also think it works better, and the media is more complicit, against women.

Peter Beinart, I think, has this right: The facts that an article cites about Warren may be true, but still contribute to a false narrative.

Mentioning the right’s attacks on Warren plus her low approval ratings while citing her “very liberal record” and the controversy surrounding her alleged Native American heritage implies a causal relationship between these facts. Warren is a lefty who has made controversial ancestral claims. Ergo, Republicans attack her, and many Americans don’t like her very much. But that equation is misleading. …

There’s nothing wrong with journalists discussing public perceptions of a candidate. The problem is that when journalists ignore what academic research and recent history teach us about gender’s role in shaping those perceptions, they imply—whether they mean to or not—that Warren’s unpopularity can be explained by factors unique to her. They start with the puzzle of her low approval ratings and then, working backward, end up suggesting that her policy views or (pseudo) scandals explain them.

… Journalists shouldn’t ignore electability. Elizabeth Warren’s comparatively low approval ratings are a legitimate news story. But the bigger story is that Americans still judge women politicians far more harshly than they judge their male competitors. Unless journalists name that unfairness, they risk perpetuating it.

“I would have voted for the woman who isn’t running.” As the 2020 campaign proceeds, other women are likely to emerge as serious candidates. (Kamala Harris and Amy Klobuchar, perhaps.) We can hope that the sheer multiplicity of targets will disperse the misogynistic fire. But here’s a wild guess on my part: Whichever one is polling last will get the most favorable coverage. In 2004, when she wasn’t running, many voices pined for Hillary Clinton, only to turn against her in 2008 and 2016, when she was actually on the ballot. Likewise in 2016, people who were voting against Clinton often claimed they could have supported Warren, if only she had run. But where are they now?

The Republican Party has a similar dynamic around blacks. At some point in the process, there’s a boomlet for a black candidate like Colin Powell, Herman Cain, or Ben Carson. But these waves always fade before any votes get cast. Having given cover to people who will never actually vote for a black, the candidacies have served their purpose.

We can’t let that happen in 2020. “I would have voted for a woman” isn’t an excuse any more. Do or don’t, but what you would have done in some alternate reality doesn’t matter.

For the most part, this kind of prejudice is structural and unconscious. “Woman politician” has become a category in people’s heads; it seems natural to treat them differently than male politicians, as if a political office changes when a woman holds it. (There has been a similar phenomenon in sports: For a long time “black quarterback” seemed to be a category of its own. Any new black quarterback would invariably draw comparisons to previous black quarterbacks, and be judged accordingly. Cam Newton came into the NFL as a tall, strong quarterback with speed and a powerful arm, but somehow John Elway was never the comparison that popped into commentators’ minds.)

As Pelosi’s speakership, Ocasio-Cortez’ congressional service, and the 2020 campaign continue, we’re going to have to monitor this constantly, both in the media and in our own minds.