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 Monday Morning Teaser

The Electoral College has voted and a few Republicans are finally beginning to acknowledge the election that we had six weeks ago. Trump’s attempts to deny and subvert that election are getting wilder but less credible. Congress is not going to reject the vote of Electoral College. The military is not going to take over swing states and run a new election. One way or another, Joe Biden will be president at 12:01 p.m. on January 20.

This moment in history has me flashing back to the early days of the Obama administration, and hoping that Biden has learned the appropriate lesson: As much as he wants to unify the country — and as much as that’s what America needs — he can’t do it by attempting to placate Republican leaders’ bad-faith opposition. If they have actual policy goals, compromise is possible. But if they just want Biden to fail, as they wanted Obama to fail, negotiating with them is pointless.

That will be the gist of this week’s featured post “Beware of Bad Faith”, which should be out around 10 EST.

The weekly summary covers the contrast between the ever-worsening pandemic and the glimmers of hope as one vaccine rolls out and another gets approved, the sweeping Russian hack of our computer systems and the Russian hack in the Oval Office who refuses to recognize it, the ongoing Biden transition and the resistance it faces, and a few other things. I’m aiming to get that out around noon.

Shared Understanding

He leaves behind a society in which the bonds of trust are degraded, in which his example licenses everyone to cheat on taxes and mock affliction. Many of his policies can be reversed or mitigated. It will be much harder to clear our minds of his lies and restore the shared understanding of reality—the agreement, however inconvenient, that A is A and not B—on which a democracy depends.

– George Packer “A Political Obituary for Donald Trump

This week’s featured posts are “Opening Thoughts About the Trump Voter” and “This Week in the Trump Coup“.

This week everybody was talking about the virus and the vaccines

The Pfizer vaccine got approval and is being administered starting today.

Meanwhile, we’re seeing the predicted effects of the traveling and gathering Americans did over Thanksgiving. Friday, we set a record with 237,000 new cases. More than 17,000 Americans died in the last week. That’s like a Vietnam War every month.

The new worry is that people won’t take the vaccine. It isn’t just the usual anti-vax folks, it’s also a Catholic thing and anti-abortion Protestant thing, because the vaccines were developed using stem cells retrieved from aborted fetuses in the 1960s. The Pope doesn’t seem to have this scruple, but he’s not Catholic enough for some folks.

And then there are the wackos, like this Florida megachurch pastor, who

has advised his congregants not to receive a COVID-19 vaccine, urging them to “believe in divine immunity” instead.

After all, divine immunity worked so well during the Black Death.

and the GOP becoming the Autocratic Party

This got covered in one of the featured posts. One thing I left out of that post: the racist nature of much of this weekend’s violence. Black churches were targets, including a historic D.C. church whose Black Lives Matter banner was torn down and burned.

and you also might be interested in …

One thing Trump’s effort to overturn the election he lost (by over seven million votes) has pointed out is how the minority-rule bugs in our democracy can cascade.

  • The Electoral College allows a candidate to lose by millions of votes and still become president, as Trump did in 2016. If Biden’s win in 2020 had been only 1% narrower across the board — if he’d won by 5.5 million votes rather than 7 million — the Electoral College would have flipped the victory to Trump.
  • Gerrymandering allows a party to control the state legislature even if a majority of the voters supports the other party. This is the case in Wisconsin, Michigan, and Pennsylvania.
  • If the state legislature can ignore the vote totals and choose electors on its own — as Trump is trying to get them to do — then a candidate can lose the popular vote not just nationally, but also in states that represent a majority of electors, and still become president.
  • If no candidate gets a majority of electoral votes, the election is decided by the House, with each state delegation getting one vote. If the minority-rule party controls — or manages to gerrymander majorities in — 26 state delegations, its candidate wins.

Currently, all these factors favor Republicans. So if they are put together, Republicans could hold the presidency with considerably less than the 46% of the vote Trump got in 2016. A Democrat could win a resounding landslide of votes, but lose the presidency.


John Le Carré, the author who rescued the spy genre from James Bond, died this weekend at 89. Critics are arguing over his greatest novel, and I admit to never having read A Perfect Spy, which tops many lists. But The Spy Who Came in From the Cold is a novel writers (of fiction and nonfiction alike) should study as they learn their craft, because it is so perfectly tight. You couldn’t edit out a single sentence without losing something.

Le Carré’s most influential insight was that intelligence work requires intelligence more than derring-do, and is more about organizations than lone-wolf operatives. First and foremost, George Smiley was a guy who read the files better than you would.

The opening chapters of The Honorable Schoolboy are about picking up the pieces after catching the mole in Tinker, Tailor, Soldier, Spy. The process involves finding patterns in what the mole had prevented British intelligence from doing or discovering — assembling the gaps in the Circus’ knowledge into a story of its own. James Bond would have been useless.

and let’s close with something awesome

Prize-winning photos of the aurora.

This Week in the Trump Coup

The big thing to note is that the Electoral College is voting today, and that none of the 306 electoral votes Biden won in the election has been taken away by Trump’s 50+ lawsuits.

During impeachment, Republicans argued that Congress would overstep if it removed Trump so close to an election, because that was for the voters to decide. But of course, now that the voters have decided by a wide margin to remove Trump themselves, Republicans hold that decision to be invalid too.

Remember how this started: Biden’s victory became clear the Saturday after the election. When Trump didn’t concede right away, as all other losing candidates in living memory have, Republicans said we should give him time to adjust to his loss. Then they argued that he had a right to pursue all his legal options until the states certified their votes. Then they pushed back the date until the electoral votes were cast.

But of course this isn’t the end of it either. Now they’re talking about challenging the electoral votes when Congress meets to count them on January 6. That challenge will fail too, and then we’ll see what else they come up with, and how long they can keep this going.

In the meantime, it’s turning into a good scam for our conman-president. He has collected nearly a quarter billion dollars from his sheep to “fund” this challenge process, which costs only a fraction of that total. The longer he can tell supporters that he has a chance to win, the longer the cash keeps rolling in.


The downside, of course, is that people believe him. They believe Biden is stealing the election, but that Trump will still prevail. And as they catch on to the fact that Trump isn’t going to prevail, they’re going to become increasingly violent.

We saw that beginning to happen this weekend, with the Proud Boys and other Trump supporters rioting in D.C. and various other cities.

Police in Olympia, Wash., arrested an armed right-wing protester and charged him with shooting a counterdemonstrator during protests on Saturday night.

In the nation’s capital, at least four people were stabbed, including someone who is now in critical condition, and 33 more were arrested, after rallies supporting President Trump descended into chaos fueled by white nationalists. D.C. Police Chief Peter Newsham estimates that as many as 700 Proud Boys and their confederates roamed downtown streets looking to start fights, clashing with about 200 anti-Trump protesters.

In Michigan

Michigan’s 16 electors will convene at 2 p.m. Eastern inside a heavily guarded state capitol in Lansing to cast their ballots for Joe Biden to become president and Kamala Harris to become vice president.

A spokeswoman for Senate Majority Leader Mike Shirkey (R) said in a statement overnight that the entire capitol complex will be closed to the public based on “recommendations from law enforcement” amid “credible threats of violence.” Police will escort each of the electors from their cars amid what’s expected to be a large “Stop the Steal” protest outside.


The week’s most horrifying story was also one of its most absurd: The lawsuit Texas filed asking the Supreme Court to overturn the presidential election results in Georgia, Michigan, Pennsylvania, and Wisconsin. The suit itself was ridiculous, because how one state chooses its electors is not any other’s state’s business — which is what the Supreme Court said when it tossed the suit for lack of standing. The absurdity and insubstantiality of it didn’t stop 17 other state attorneys general from joining the suit or 126 Republican members of Congress from signing an amicus brief supporting it.

Let’s be clear about what would have happened if Texas had won: American democracy would be over. The voters could cast 81 million votes against a sitting president, defeat him by seven million votes, and even jump the hurdles of the archaic Electoral College — and he could hang onto power anyway. It is hard to imagine how future elections could proceed, once the Supreme Court had reduced them to an empty exercise. It’s also hard to imagine the Union hanging together. Why should blue states stay in a Union where their votes don’t count?

A barrage of other Trump suits got tossed in various state and federal courts, and I’m not going to go into them all. What it comes down to is that there is no court in any state that endorses Trump’s claim that Biden’s win is fraudulent. In most of the suits, Trump’s lawyers didn’t even really make that claim; the “evidence” they kept crowing about in public and social media wasn’t anything a court would recognize.

I agree with Amanda Marcotte’s interpretation: 2/3rds of Republicans don’t “believe” Trump really won the election any more than they believed President Obama was born in Kenya. The election-fraud conspiracy theory simply justifies a position they don’t want to state in so many words: To hell with democracy. Their side should be in power no matter what the majority of Americans want.

it’s important to see those who support Trump’s coup for who they are: People who have been radicalized, through racism, hateful propaganda, and a sense of perpetual grievance, against democracy. They aren’t going to change their minds because of new facts, because the underlying belief — which is that they deserve to be in power, no matter what — is the problem here. It’s a rising American authoritarianism, and we underestimate it at our peril.


This is a good time to revisit one of my favorite Jen Sorensen cartoons, which she drew in 2015.


Arguably the most disturbing thing about the Texas lawsuit was the 126 Republicans in Congress signed an amicus brief supporting the suit. New Jersey Rep. Bill Pascrell has proposed a hardball way to punish them:

Pascrell cites Article 1, Section 5 of the Constitution in the letter, which “gives each chamber of Congress the ultimate authority to decide their membership.”

“Stated simply, men and women who would act to tear the United States government apart cannot serve as members of Congress,” Pascrell writes, adding that they were attempting to make President Trump “an unelected dictator” by endorsing the lawsuit.

Most Democrats don’t want to go that far, preferring to keep the moral high ground as the Party of Fair Play as opposed to the Party of Power At All Costs. And as a practical matter, the worst possible outcome would be for Speaker Pelosi to attempt something like this and fail for lack of a Democratic consensus.

However, I could get behind a halfway measure, which I would view as a shot across the Fascist bow: Make an example out of the 19 of those 126 Republicans who were elected from Wisconsin (1), Pennsylvania (7), Michigan (4), and Georgia (7). After all, they were on the same ballot as Biden and Trump, so the brief they signed alleges that the very election that qualifies them to sit in Congress was tainted by what the brief calls “unconstitutional ballots”. It would make perfect sense for the House to investigate this allegation before seating them. Coincidentally, this investigation should last until the Inauguration, at which point Speaker Pelosi could report that allegations of fraud were unsupported by evidence.

Opening Thoughts about the Trump Voter

Whenever I come across an idea that seems promising, I face a dilemma: Do I tell you all as soon as I start thinking about it, or do I wait until I’ve done the research to flesh it out properly? This blog’s most successful posts are the ones where I’ve taken time, done a bunch of background reading, and thought things through carefully. Not a Tea Party, a Confederate Party is a prime example. I thought about it for months, and it has gotten more than half a million hits in the last six years. Around 200 people looked at it last week.

But at the same time, there’s the question of topicality: If I know a lot of you are thinking about a question right now, shouldn’t I let you know that I’m thinking about it too? And if I have some preliminary conclusions that you might find useful, maybe I should pass them on, even if I don’t have all the i’s dotted and t’s crossed yet. So that’s what I’m doing in this post.

The 74 million. As has been clear on this blog since Election Day, I was deeply disturbed to see 74 million Americans vote for a Trump second term. After everything he’s done these last four years, 74 million Americans — millions of whom didn’t vote for him in 2016 — said, “Stay. Get some more of us killed. Finish the job of destroying American democracy.”

Blessedly, 81 million Americans said, “No. Get the hell out of here.” And despite Trump pulling every lever of presidential power to defy the People and stay in office, the institutions of democracy have held. The Electoral College is voting today, and 306 electors are pledged to Joe Biden. On January 20, Trump will become an ex-president.

And yet, those 74 million Trump voters are still with us, and many of them are still believing every ridiculous thing he says, like that he really won in a landslide, but that Biden managed to manufacture vast numbers of fake votes — under the nose of a sitting president, whose Justice Department noticed nothing. In Georgia and Arizona, this vast fraud supposedly happened under the noses of Republican governors and secretaries of state, who also noticed nothing. Trump’s claims of fraud have failed to convince judges in over fifty lawsuits, including judges Trump appointed himself.

And still they believe him. Largely because of his influence over the base voters, droves of Republican elected officials have abandoned their integrity: Eighteen state attorneys general and 126 members of Congress signed on to an insane lawsuit asking the Supreme Court to throw out the 2020 election and hand Trump a second term in spite of the voters. (All three of his Supreme Court appointees refused.) If this suit had succeeded, if defeating Trump by seven million votes (in an election that Trump appointee Christopher Krebs called “the most secure in American history“) isn’t enough to take power away from him, then all future presidential elections would be meaningless. Democracy would be over in America, and quite possibly the Union would break up.

And that’s what the Republican Party supports these days.

So what do we do? How should we understand Trump voters? How should we talk to them? How do we manage to hang on to our constitutional republic in spite of them?

I’ve been thinking about those questions a lot this last month.

The too-easy answers. There are lots of explanations of the Trump voters that strike me as too easy and too satisfying to the liberal self-image. Like:

  • They’re just stupid.
  • They’re insane.
  • They’re in thrall to a mind-numbing, reality-rejecting version of Christianity.
  • They’re in Hillary Clinton’s “basket of deplorables”: racists, sexists, homophobes, xenophobes, and Islamophobes.

I admit, none of these explanations is entirely baseless. Trump’s support is concentrated in the less-educated portion of the population, and his supporters regularly swallow his incredible (and often self-contradictory) lies. Increasingly, they are taken in by Q-Anon or similar conspiracy theories that ought to sound crazy. White supremacists are front-and-center at Trump rallies, and Trump supporters in general love to demonize Black Lives Matter or leading women of color (like AOC). The Christian leaders who back Trump (in spite of his complete ignorance of Christianity and lack of any Christian virtue) are also likely to deny evolution, climate change, the Covid-19 pandemic, and other well established aspects of reality.

Perhaps the best reason to believe these pejorative theories of Trump support is that Trump himself seems to believe them. Like conmen everywhere, he does not admire his marks. For example, whenever he needs a distraction from something he has bungled, he picks a fight with some prominent Black person, like LeBron James or Don Lemon, or he tells the Squad to “go back” where they came from. He knows that playing a racist or sexist is a good look for him.

Restoring democracy. I resist these theories, though, because they seem self-defeating to me. If 74 million voters are just stupid or crazy or incurably bigoted, then why exactly do we want to save democracy? Shouldn’t we just disenfranchise them before they disenfranchise us? If Biden could stage a coup of his own, ignore the anti-democratic Senate, and start dictating sensible policies to mitigate climate change, guarantee health care, and reduce economic inequality, wouldn’t that be a good thing?

I reject that scenario. Messy and inefficient as democracy can be, I want to find a way back to it. I believe that when you start cutting large numbers of people out of the process, it doesn’t turn out well, even if you get some good things done in the short term.

Restoring democracy in such a way that it survives into the distant future involves reversing the polarization of recent years and shaping some kind of national consensus about who we are and what we’re trying to do. (It also involves recognizing that we have to do more than just “restore” democracy, because large swathes of the citizenry were cut out of the governing process in whatever era we might imagine going back to.) We can’t do that if we begin by writing off 74 million voters.

The answer I want. So before I even start, I have to confess that I’m looking for an answer of a certain shape: I want to find something in the Trump voter (or at least in a large number of Trump voters) that I can sympathize with and imagine making common cause around. If the core of what they want is to lock immigrant kids in cages, then I can’t go there. If the essence of Trumpism is restoring the patriarchy and sending gays back to the closet, there’s no deal to be made. But what if that’s not it?

Trump’s appeal. I view Trump’s appeal as being rooted in resentment and wounded pride, which Trump has exploited in destructive ways. Trump has turned that resentment against precisely the groups Hillary’s basket-of-deplorables quote describes: against Blacks, women, gays, immigrants, and non-Christians (especially Muslims). And Trump has offered his followers a restored pride in their race, their religion, and the power of their nation to bully other nations.

But what is that resentment and that wound really about? As I see it, Blacks, women, and the rest didn’t really do anything to the MAGA-hatters; they’ve just been offered as scapegoats. Same-sex couples haven’t harmed opposite-sex couples. Trans folk haven’t stopped the rest of us from identifying as men or women, if that’s what we want to do. Every American-Christians-are-persecuted story I’ve ever looked at has fallen apart under examination.

The key to bridging the gap — not all the way to the neo-Nazis, but to a lot of ordinary Americans who voted for Trump — ought to be finding an interpretation of that wound and that resentment that doesn’t demonize the people who feel it.

The progressive account. The progressive movement offers such an explanation, but I’m not satisfied with it. Bernie Sanders and his allies will tell you that the wound is economic: Trump supporters — particularly non-college-educated white people in rural areas — feel themselves slipping out of the middle class through no fault of their own.

The best description of that economic anxiety comes from Arlie Russell Hochschild’s book Strangers in Their Own Land.

You are patiently standing in the middle of a long line stretching toward the horizon, where the American Dream awaits. But as you wait, you see people cutting in line ahead of you. Many of these line-cutters are black — beneficiaries of affirmative action or welfare. Some are career-driven women pushing into jobs they never had before. Then you see immigrants, Mexicans, Somalis, the Syrian refugees yet to come. As you wait in this unmoving line, you’re being asked to feel sorry for them all. You have a good heart. But who is deciding who you should feel compassion for? Then you see President Barack Hussein Obama waving the line-cutters forward. He’s on their side. In fact, isn’t he a line-cutter too? How did this fatherless black guy pay for Harvard? As you wait your turn, Obama is using the money in your pocket to help the line-cutters. He and his liberal backers have removed the shame from taking. The government has become an instrument for redistributing your money to the undeserving. It’s not your government anymore; it’s theirs.

There’s a long discussion about white male privilege to be had here. (The implicit assumption is that “you” deserved the spot you had in line, and so the Blacks and women and immigrants who got moved ahead of you are interlopers.) But the essence of the problem is the unmoving line. If you’re making good progress towards the Dream, and you know you’ll get there soon enough, then who really cares if somebody else gets there a little ahead of you?

So the progressive solution is to get the line moving again by taxing the wealthy and using the money to relieve the stresses of working-class life (through government-financed health care, a higher minimum wage, and a strong safety net) and to open more avenues for upward mobility (free college and revitalized infrastructure).

Do all that, the progressives say, and working-class people will realize that Democrats are back on their side, so the Trump movement will fade away.

That seems plausible, but I don’t see much supporting evidence. I think progressives were fooled by the support Bernie got in the 2016 primaries from working-class white voters in rural areas of, say, Michigan and Wisconsin. But in 2020, when Bernie was running against a man rather than a woman, those counties flipped to Biden. It was never about the progressive economic agenda.

Depleted social capital. Timothy Carney’s book Alienated America (which I did a mini-review of in a weekly summary in 2019) is a conservative look at the Trump phenomenon. Carney argues (with data to back him up) that the core Trump voters — the people who supported him in the 2016 Republican primaries over more traditional Republican candidates like Jeb Bush, John Kasich, Ted Cruz, and Marco Rubio — were not the people struggling economically. Instead, they tended to be successful people in failing communities. Not the guy who lost his job when the factory moved to Indonesia, but the guy who runs the Chevy dealership that sold trucks to guys who lost their jobs when the factory moved to Indonesia, or the guy whose plumbing-and-heating-contractor business is surviving, but hasn’t been nearly as prosperous since the local factory moved to Indonesia.

So Carney’s solution to the Trump-voter problem is to shore up the social capital of the small towns and rural areas in America’s heartland. This seems a little closer to the mark, though exactly how to do it is a little trickier. (James and Deborah Fallows’ book Our Towns, which highlights successful small towns, might be a place to start thinking about that.)

When I picture the view from my Midwestern hometown (Quincy, Illinois), Medicare for All and free college are nice, but they don’t really solve the problem. They make it easier for people to survive as individuals, and to educate their kids so they can move away and succeed in places that still have opportunity. But they don’t provide a vision of how Quincy itself thrives into the future and makes opportunities for its children to put down roots without moving away.

What all of this leaves out, though, is the kind of resentment we’re seeing right now, directed at doctors and the government officials who listen to them. The people who make a scene at Target because they don’t want to wear masks — that’s not economic anxiety or even community-social-capital anxiety. That’s something else.

It’s related to the own-the-libs anger that shows up on social media. These are the people who positively rejoice when Trump makes fun of the disabled or claims that he couldn’t possibly have molested all the women who accuse him, because they’re just too ugly. That’s not about fear that immigrants will take your job, or concern that you won’t be taken care of if you get sick, or worry that your grand-kids will have to grow up in San Francisco.

Caste. So there are two other pieces of the puzzle I’m trying to integrate in, and this is where I’m going to need some time to get the fit right. Both are related to books I finished reading this week. One is Isabel Wilkerson’s Caste, which makes the observation that a caste system provides a sense of security to people who aren’t in the bottom caste, because they know someone will always be below them. That isn’t just (or even primarily) an economic security, it’s a social and psychological security.

So the guy who believes that he’s white trash takes comfort in the idea that he’s at least white trash. As long as whites are on top, he has some claim to self-worth.

Wilkerson raises the idea that poor and working-class whites whose votes for Trump seem to run against their economic interests (because Trump’s policies may take away their health insurance and won’t raise their minimum wage) may have a broader view of their interests than just economics. They may see their whiteness as a birthright they aren’t willing to sell.

Something similar might be going on with the Christians who refuse to sell cakes or do floral arrangements for same-sex marriages. It’s absurd to believe that God cares about these lines in the sand. (Neither cakes nor flowers play any sacramental role in Christian marriage rituals.) But if these people’s self-worth comes from the social supremacy of Christianity, then making a stand that says “We’re still on top” will be important to them.

This isn’t bigotry in the hating sense. The person who feels an attachment to everybody staying in “their place” may not have any conscious animosity towards people who are assigned to different places. But the current system gives that person a “place” somewhere that isn’t the bottom, and if the system falls apart, he doesn’t know where he’ll be.

So now the question becomes: What alternative self-worth do we have to offer such a person? And how can we communicate this offer to him or her?

Defining reality. One of the hardest things for me to accept about Trump supporters is their willing acceptance of all sorts of absurdities. As various Facebook memes have been putting it lately: The pandemic is a hoax, but Trump deserves credit for producing the vaccine that I’m going to refuse to take.

Bill Barr was wonderful until he refused to go along with the Biden-stole-the-election lie, and now he’s part of the Deep State. Amy Coney Barrett has gone from savior to villain in just a few weeks. The only way to know what’s real these days is to follow Trump’s tweets, and be prepared to change your mind as he does, from one moment to the next.

The 2019 book Democracy and Truth by Sophia Rosenfeld has some clues about what’s going on here.

Every society has some process for reaching consensus on what is real, what is possible, what categories people need to keep track of, and so on. (One key element of “wokeness” is recognizing the social construction of both race and gender. Yes, there is an underlying physical reality: Some people’s skin is darker than other’s, and some people have organs that other people lack. But the exact boundaries of these categories and what — if any — significance they have varies from one society to another.) Different people play different roles in this process, with some being more empowered than others. One of the not-well-understood aspects of Trumpism is that Trumpists feel alienated from the reality-defining class.

This has been an issue for years when it comes to Christianity and evolution. The scientific community had a debate in the 1800s, and settled on the consensus that Darwinian evolution really happened, while the young-Earth account of Genesis is just a myth. Lots of Christians don’t like that conclusion, and have tried for years to argue that their definition of reality deserves as much or more deference than the scientists’ definition.

The same thing happens with climate change and all sorts of other ideas that get less attention: There’s an expert class that defines the social consensus about reality, but lots of people are in rebellion against its conclusions. At a mundane level, this plays out on the front page of The New York Times every day: Some things are really happening while others aren’t. And some things are happening but aren’t worth noting.

In general, different people are involved in different reality-defining processes. And even if you’re not involved in any of them, you might feel some connection to the people who are. For example, I play no role in deciding whether the various Covid-19 vaccines are safe. But I have friends who are biologists, and they have friends are are involved. I’ve also participated in a different research community (mathematics), so I have a general grasp of the peer-review process, and so forth. In addition, there was a point in my life when I was deciding what field to specialize in, and if I had made a different choice, I might be working with Dr. Fauci today. (Or at least I believe that.)

But many people in society feel completely separated from that process. They have opinions on the subject, but nobody cares. In fact, nobody cares about any of their opinions about what’s real and what isn’t. They don’t know anybody who decides what’s real, and they aren’t aware of ever having had a chance to enter the reality-defining class. People like them don’t define reality. Somebody else does.

That’s the kind of alienation that makes you throw a fit in Target. This mask isn’t a moon rocket, it’s a piece of cloth. Why is your opinion about it better than mine?

That alienation will also lead you to conspiracy theories, where reality gets defined by an alternative community in alternative ways. The folks in Q-Anon care what you think. Dr. Fauci doesn’t. He thinks he’s better than you are.

Trump consistently stands up for these alienated folks by thumbing his nose at the reality-defining class as a whole. There’s a pandemic? Maybe, maybe not. Doctors say masks help, but I think hydroxychloroquine is better. My friend the My Pillow Guy has a theory; why don’t we listen to him?

So here’s a thought I’m still wrestling with: How do we make the reality-defining class more accessible? Or more transparent? Or at least less off-putting?

The Monday Morning Teaser

I continue to be torn about how to cover the Trump coup attempt. On the one hand it’s ridiculous, and more and more it looks like he’s just doing it to squeeze more money out of his sheep. The Supreme Court was never going to take over the election process and declare Trump the winner just on his say-so that Biden’s votes are fraudulent. And though he’ll undoubtedly keep the charade going at least through January 6, Congress is not going to refuse to count Biden’s 306 electoral votes. I can’t even guess where the scam goes after that, but I’m sure he’ll think of something.

On the other hand, some people do believe his nonsense, and they’re starting to get violent. And while elected Republicans probably don’t believe it, 18 state attorneys general and 126 members of Congress were willing to back his claims to the Supreme Court, even though the proposed remedy amounted to the end American democracy. That all seems pretty serious, even if the claims themselves shouldn’t be taken seriously at all.

So I think I have to cover it, even though I want to stop paying attention to the has-been in the White House.

Anyway, I refuse to let it stop me from doing the thinking I want to be doing. So the first featured post this week is “Opening Thoughts About the Trump Voter”. As you know, I found it deeply disturbing that 74 million voters wanted to re-elect Trump, and I’m struggling to imagine a path that reintegrates them into the world the rest of us live in — the one with a pandemic and climate change and systemic racism. The book Democracy and Truth has given me a hint on how to proceed. This whole line of thought needs a lot more research, but I thought I’d tell you where I’m going. Let’s say that gets out by 10 EST.

“This Week in the Trump Coup” will be the second featured post. It’s basically a bunch of notes of the kind that usually show up in the weekly summary, but I’ve moved them into their own post so that they don’t take over the summary. Let’s say that gets done by noon. The summary then follows at around 1.

Complicity

All of you who have not said a damn word are complicit in this.

Gabriel Sterling, calling out his fellow Republicans
about threats of violence against Georgia election officials

This week’s featured posts are “Republicans Start Reaping the Whirlwind” and “Pardons and Their Limits“.

This week everybody was talking about the virus and the vaccines

We’re at a significant point here. On the one hand, cases, hospitalizations, and deaths are higher than they’ve ever been. The Thanksgiving holiday almost certainly spread the virus further, but that shouldn’t fully show up in the numbers until next week. Winter is just getting started, a significant portion of the population is as resistant to good sense as ever, and Christmas is coming. So over the next month or two, things look pretty grim.

Personally, I’m noticing the pandemic hitting closer to home. For a long time, I knew people who knew people who had the virus, but my inner circle was largely unaffected. Just in this last week, though, I’ve heard about infections in two households connected only by the fact that I know them.

On the sunny side of the street, there are at least two viable vaccines, one of which is already approved in the UK. Both should start getting distributed here fairly soon.

The NYT posted a gadget to estimate where you stand in the line to get vaccinated. I thought being 64 would give me some advantages, but lacking any complicating morbidities or an essential job, I fall pretty close to the middle of the pack: About 185.6 Americans are in line ahead of me. My wild guess is that I’ll be able to emerge from my hole sometime this summer.


Presidential adviser Scott Atlas has resigned. I have little to add to what Dick Polman wrote in the Pennsylvania Capital-Star:

Atlas, the White House pandemic adviser, was the ultimate MAGA appointee: ill-qualified for the job he got, woefully over his head while doing it, and people died because he did it.

He will not be missed.

and conspiracy theories about the election

Trump’s increasingly desperate lawsuits continue to get tossed out of court, often by Republican judges, and sometimes even by Trump appointees. Conservative Wisconsin Supreme Court Justice Brian Hagedorn wrote:

At stake, in some measure, is faith in our system of free and fair elections, a feature central to the enduring strength of our constitutional republic. It can be easy to blithely move on to the next case with a petition so obviously lacking, but this is sobering. The relief being sought by the petitioners is the most dramatic invocation of judicial power I have ever seen. Judicial acquiescence to such entreaties built on so flimsy a foundation would do indelible damage to every future election. Once the door is opened to judicial invalidation of presidential election results, it will be awfully hard to close that door again. This is a dangerous path we are being asked to tread. The loss of public trust in our constitutional order resulting from the exercise of this kind of judicial power would be incalculable.


I mentioned Gabriel Sterling’s rant in one of the featured posts. But if you haven’t seen it, you really should.

The straw that broke Sterling’s back was a video circulating among QAnon supporters. Claiming to be a “smoking gun” demonstrating manipulation of vote totals, it shows Sterling’s 20-something tech “using a computer and thumb drive”.

The video is one of several that is going around on social media and being promoted by people like Rudy Giuliani as “evidence” that Biden stole the election from Trump. It’s a great example of the advantage lies have over truth. By the time you debunk one such claim, five others have sprung up. And as soon as you deal with them, somebody will repeat the first one again.

One rule of thumb eliminates a large number of such claims: If Trump’s lawyers haven’t been willing to repeat the claim in one of their 40-some lawsuits, they don’t believe it either. Anybody can rent a function room in a hotel and hold a “hearing”.


If you’re wondering why Trump is doing this when his effort has so little chance of success, all you have to do is follow the money. Trump has raised more than $200 million to “stop the steal” — money that is mostly going into a leadership PAC he can spend however he likes. The actual cost of his lawsuits is only a fraction of that.

The longer he can keep this show going, the more money he can shake out of his followers. It’s that simple.


While the rest of America debates whether to call Trump’s attempt to overrule the electorate a coup, Trumpist groups are eliminating all doubt about what they want: An Ohio group called We the People Convention took out a full-page ad in the Washington Times (a flagship conservative newspaper) asking President Trump

to immediately declare a limited form of Martial Law, and temporarily suspend the Constitution and civilian control of these federal elections, for the sole purpose of having the military oversee a national re-vote.

OK, any crazy group can publish an ad in any paper that will take their money. But recently pardoned felon Michael Flynn retweeted the ad with the comment “Freedom never kneels except for God.” If Flynn were still on active duty, he would be subject to Article 92 of the Military Code, which states that any service member who

with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition

and pardons

Trump won’t admit he’s on his way out the door, but he’s preparing pardons that wouldn’t be necessary if he thought he would maintain his control over the Justice Department. The possibilities being discussed raise a lot of constitutional issues, which I discussed in one of the featured posts.

and Trump’s future

Depending on who you listen to, on January 21 Trump becomes (1) the presumptive 2024 Republican nominee, or (2) just another crackpot on the internet. I’m leaning towards (2), though his decline may take a few months to become clear.

Here’s my thinking: For the last four years, ambitious Republicans hitched their wagons to Trump, figuring that one way or the other he’d be out of the picture by 2024, and his personality cult would need a new leader. Mike Pence, Mike Pompeo, Nikki Haley, Tucker Carlson, Tom Cotton, Josh Hawley, and rest — they all saw their Trump loyalty as a path to greater things.

But if Trump isn’t going to get out of the way, or if he hopes to hand the GOP off to Don Jr. when he does finally leave, all those people have to recalculate. Maybe they don’t want to be seen as disloyal, but they also don’t want Trump to stay at the top of the Party. So they’re going to be looking for subtle ways to undermine him or upstage him.

Even for his personality cult, the shine might begin to fade. Trump’s primary virtue, from his base’s point of view, was that he could strike terror into the hearts of the liberals that MAGA-hatters think look down on them. In that sense, the ultimate source of his power has always been people like me (and probably you). But come January 21, I might still be appalled at what Trump is saying, but I’m unlikely to worry too much about him. People looking to “own the libs” will need find somebody more fearsome than a has-been we’ve already beaten by 7 million votes.

Amanda Marcotte makes a similar observation regarding Trump’s pathetic 46-minute Facebook monologue, which he billed as “the most important speech I’ve ever made“.

Trump’s self-pitying rant registered as pitiful instead of frightening. The speech barely touched the top headlines at most major news sites. … The tone of most media coverage was more condescending than fearful. Outrage is quickly being eclipsed by annoyance at Trump for being a pest who doesn’t know when to pack it up and go home.

Until now, identifying with Trump has made his cultists feel powerful. But not for much longer. Soon, he will make them feel even more like losers than they already do.

and the economy

Congress seems to be converging on a Covid relief package that is less than $1 trillion. Or maybe it will do nothing.

Meanwhile, the country is in a very bifurcated state: If you can work from home, or if you live off your investments, you’re doing quite well. In fact, you’re probably building up savings because there is so little to spend your money on.

But if you run or work at a small business that relies on face-to-face interactions with customers, you’re hurting.

Nearly 12 million renters will owe an average of $5,850 in back rent and utilities by January, Moody’s Analytics warns.

Friday’s jobs report was sobering. The pattern since the beginning of the pandemic has looked like this: Tens of millions of jobs went away in March and April, and they have been coming back since at a rate that would be phenomenal in any other circumstance.

That quick comeback seems to be over, and it ended well before the economy got back to where it was in February.

and you also might be interested in …

Maybe democracy is making a comeback.

After years of passively watching nationalist governments in Hungary and Poland undermine democratic rule, the European Union finally drew the line this year and declared that disbursements from the E.U. budget and a special coronavirus relief fund would be contingent on each member’s adherence to the rule of law.


What is Bob Dylan’s catalog of song rights worth? The exact answer is blowing in the wind, but it might be $300 million. I’m sure his financial people looked at the offer and advised him not to think twice.


According to Education Secretary Betsy DeVos, student debt forgiveness is “the truly insidious notion of government gift giving”. Free college for lower-income Americans amounts to “a socialist takeover of higher education”.

Sadly, we will no longer reap the benefits of such billionaire sagacity after January 20. Living your whole life without ever wondering how you’re going to pay for something gives you a deeper wisdom that the rest of us can’t fathom.


Further fallout from Brexit: Scottish independence has “never been so certain”, says First Minister Nicola Sturgeon.

and let’s close with something unintelligible

Back in the 70s, Italian singer Adriano Celentano noted how Italians loved American pop music, even when they couldn’t understand the words. So he wrote the catchy song “Prisencolinensinainciusol“, which is gibberish that sounds like American-accented English.

The weirdest thing is that his song doesn’t just sound like American English to Italians, it sounds like American English to me too. It’s gibberish, but it’s clearly an American flavor of gibberish. I would love to hear a linguistics expert explain how that works.

Republicans Start Reaping the Whirlwind

Republican officials who want to recognize reality, do their jobs, and follow the law are finding themselves branded as Republicans In Name Only.


Early in the classic movie A Man for All Seasons, Thomas More is arguing with zealous young William Roper about the importance of the Law. Roper asks whether More would extend the benefits of the law even to the Devil himself, and More turns the question around: “What would you do? Cut a great road through the law to get after the Devil?” Roper allows that this would be a fine idea, that he would be willing to “cut down every law in England” in order to pursue the Devil. And More responds:

And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down, and you’re just the man to do it, do you really think you could stand upright in the winds that would blow then?

In the weeks since the election, Republicans like Arizona’s Governor Doug Ducey, Georgia’s Governor Brian Kemp and Secretary of State Brad Raffensperger, and even Trump appointees like Attorney General Bill Barr, and cybersecurity czar Christopher Krebs have been learning a similar lesson, not about Law, but about Reality.

For decades, Republicans have been motivating their base voters by dabbling in fantasies and conspiracy theories. But they have always imagined that the craziness could be put back in its bottle after it had served its purpose. In the waning days of the Trump administration, however, the fantasy world has taken over and demanded fealty. Republican officials who want to recognize reality, do their jobs, and follow the law are finding themselves branded as villainous turncoats, Republicans In Name Only.

Few in the GOP have the courage to stand up to that pressure. A Washington Post survey this week found that only 25 Republicans in Congress (later rising to 27) are willing to admit that Joe Biden won the election.

Two Republicans consider Trump the winner despite all evidence showing otherwise. And another 220 GOP members of the House and Senate — about 88 percent of all Republicans serving in Congress — will simply not say who won the election.

And soon-to-be-former President Donald Trump responded to that report by wanting to know who those disloyal Republicans are.

25, wow! I am surprised there are so many. We have just begun to fight. Please send me a list of the 25 RINOS.

And it’s not just the Stolen Trump Victory fantasy, it’s also the Covid Isn’t a Big Deal fantasy. Ohio’s Republican Governor Mike DeWine is facing calls for impeachment from his own party, because he insists on taking action to save his citizens’ lives. Viewed from the Conservative Fantasy World (CFW), his attempt to slow the spread of a deadly virus

promotes fear, turns neighbors against neighbors, and contracts the economy by making people fearful to leave their homes.

Other Republicans have taken note. South Dakota’s Governor Kristi Noem has seen Covid burn through her state like a wildfire through a dry grassland, and done essentially nothing to stop it. With visions of national office, Noem does not dare tie herself to reality.

At the end of the Trump administration, the CFW is not just one or two fantasies, it is many: Antifa is burning down our cities! Hunter Biden did [I can never quite figure out what]! The Deep State invented the Russia hoax! Joe Biden has dementia! The DNC server is in Ukraine! Bill Gates is trying to micro-chip us all! Anti-Covid restrictions are a plot against religion! Democrats are protecting an international pedophile ring! George Soros is financing a migrant caravan invasion of our country!

It’s not just an occasional rabble-rousing slogan any more, not just a Willie Horton ad or a food-stamp-lobster story that can be set aside after the inauguration. Republicans now live in a 24/7 fantasy world, and if anyone attempts to leave it, there are consequences.

As in the extreme branches of Islam, apostasy will not be tolerated. And the apostate cannot seek the protection of facts or logic or law, because in the zealous pursuit of liberal devils, all those barriers have been cut down.

Georgia. The consequences are most visible in Georgia, which Joe Biden won by just under 12,000 votes. That margin has held up through three recounts, including a hand recount (which would have corrected any problem with the voting machines).

In the CFW, however, Trump did not lose by seven million votes nationwide, but in fact won a resounding landslide. If only “legal” votes were counted, Trump would win 410 electoral votes, carrying even California. Former three-star general and pardoned felon Michael Flynn recited the catechism:

There is no doubt in my mind that he won this election. Hands down. In a landslide. I believe that at the end of the day we’re going to find out that he won by a massive landslide and he’ll be inaugurated come this January.

That landslide victory has to include Georgia’s 13 electoral votes, so anyone involved in verifying the vote totals or certifying the election must be part of the Biden Steal, including Kemp, Raffensperger, Republican state election official Gabriel Sterling, and a 20-year-old computer geek working for Sterling. All of them, including the 20-year-old, have been getting death threats. This set off Sterling, who delivered an epic rant (video, transcript).

Joe diGenova today asked for Chris Krebs, a patriot who ran CISA, to be shot. A 20 something tech in Gwinnett County today has death threats and a noose put out, saying he should be hung for treason because he was transferring a report on batches from an EMS to a county computer so we could read it. It has to stop. Mr. President, you have not condemned these actions or this language. Senators, you have not condemned this language or these actions. This has to stop. … This is elections. This is the backbone of democracy. And all of you who have not said a damn word are complicit in this. It’s too much.

The “senators” he is addressing are David Perdue and Kelly Loeffler, the ones involved in the January 5 runoffs, where Republicans need to win at least one seat to retain control of the Senate. Both are in a tricky position that prevents them from upholding reality, or even denouncing the threats of violence against fellow Republicans. They need the full support of Trump’s personality cult if they’re going to win their elections. But they also need the suburban voters who did in fact put Biden over the top last month.

At a time when Republicans need to unite, they are attacking each other. They are also asking their voters to believe contradictory things: Trump is going to win a second term, but Perdue and Loeffler need to win to keep President Biden from having a Democratic Senate. Republicans should come out and vote, even though the rigged voting machines will flip their votes to Democrats.

How did this happen? The Republican reliance on fantasy has grown tremendously in the last four years, but it didn’t start with Trump.

Back in 2012, in “Five Pretty Lies and the Ugly Truths They Hide” I picked out these bits of political whimsy:

  • Raped women don’t get pregnant.
  • The uninsured can get the medical care they need in the ER.
  • Tax cuts pay for themselves.
  • Gays can be “cured”.
  • Obama’s election proved that racism is over.

Of course, even then that was far from a complete list. “People who work hard aren’t poor,” is a perennial favorite, and you can always find some (white, of course) Republicans ready to tell you that slavery wasn’t really so bad. An entire genre of fantasy falls into the form “The real victims of discrimination are X” where the choices include all manner of privileged groups: men, whites, Christians, straights, and so on. And who can forget the Atlas-Shrugged vision of the productive rich, whose largesse provides for the rest of us by “giving” us jobs?

In addition to fantasies about how the world works, the CFW has included fantasies about events, like Saddam’s mobile chemical-weapons labs, the Benghazi stand-down order, Barack Obama’s birth in Kenya, and ObamaCare’s death panels.

The CFW is marked as much by what it leaves out as what it invents. Global warming isn’t real, and neither is systemic racism. Science has no more claim to authority than any other belief system, and evolution is “just a theory”. The human failings of the Founders have been airbrushed away, as have any unworthy motives behind American wars, or any economic contributions made by undocumented immigrants.

Trump’s advantage. None of that is new. But the key insight of Donald Trump, the one that allowed him to push aside so many better qualified and better connected Republican rivals in 2016, was that the balance of power between Fact and Fantasy had decisively shifted in favor of the unreal. Pre-Trump Republicans had treated the CFW the way an imperial power treats a colony: They went there when they needed something, like votes or campaign contributions. But when it was time to staff a government, Republicans like the Bushes or McCain or Romney would draw from the same expert class Democrats did. Considerable effort might go into explaining policy in fantasy-world terms, but the behind-closed-doors discussions that shaped those policies happened in the real world.

And don’t think that the full-time denizens of the CFW didn’t notice. They may be deluded, but they’re not stupid. They understood very well the phoniness of reality-based Republicans who merely humored them. Trump, on the other hand, stood out as more authentic, precisely because he had given himself whole-heartedly to the fantasy.

TrumpWorld. In exchange for his undivided loyalty to the fantasy other Republicans only exploited, the true-believing base awarded Trump the power to define that fantasy. Today, the CFW is what Trump says it is. If Trump’s ego will not allow him to face his defeat, then he didn’t lose. Anyone who says he did is a RINO, and any media outlet that reports the facts is Fake News. In the absence of any reliable independent source of information, any story is as good as any other. The only difference is who you trust and what you want to believe.

This kind of loyalty is an asset beyond the dreams of Ronald Reagan or George W. Bush. But unfortunately for those Republicans who have hitched themselves to Trump’s CFW-defining power, he does not believe that he is hitched to them. He cares nothing for how loyal you have been in the past, but only about whether you support what he is saying now. If you don’t, he will turn ’round on you.

And how will you stand upright in the winds that blow then?

Pardons and Their Limits

Throughout his administration, Donald Trump has tested the limits of presidential power. On his way out the door, he is testing the limits of the pardon power.


This week the Covid pandemic reached new heights and threatened to break America’s hospital system. The total number of American deaths will soon pass the number of combat deaths in World War II.

So of course the White House had not a word to say about any of that. Instead, the President’s attention was absorbed by more pressing problems: the continuing failure of his attempts to overturn the election he lost by seven million votes, and the criminal exposure he and various members of his family and his administration might face come January 21, when he no longer has the power to restrain the career investigators and prosecutors in the Department of Justice.

The first of the expected rush of lame-duck pardons was given to former national security advisor Michael Flynn. Signed the day before Thanksgiving, the text was only released last Monday. [1] Since then, Trump is reported to be discussing pardons for his children, up to 20 members and allies of his administration, and himself. [2]

All of that may yet come to nothing; Trump frequently is said to be thinking about some action that never happens (like releasing a healthcare plan). But given the approaching deadline, it’s worth considering what he can actually do.

Article II. The President’s power to pardon is established in Article II, Section 2 of the Constitution:

The President … shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

That sounds pretty sweeping, but as so often is the case in constitutional law, nearly every word inspires entire articles of analysis. That said, there is one clear limit that just about everyone agrees on: “Offenses against the United States” means federal crimes only. So a presidential pardon won’t protect against prosecutions for violating state laws, or against civil lawsuits.

That’s relevant, because a lot of the post-presidency legal exposure faced by Trump and his family falls outside of his pardon power. He could, for example, try to pardon himself for the seven instances of obstruction of justice that the Mueller report found to be indictable. But if he is guilty of bank and tax fraud (as Michael Cohen has claimed), New York state laws have been violated, and the alleged misappropriation of funds contributed to the Trump Inaugural Committee is a civil suit.

Self-pardons. But that brings up the issue of a self-pardon, which is untested in American law because no previous president has ever tried such a thing. Examined naively, the Article II text would seem to support the idea; it just says “power to grant pardons” with no exceptions other than impeachment.

But North Carolina Law Professor Eric Muller has an interesting interpretation, which ought to appeal to the conservatives on the Supreme Court who claim [3] to believe in Originalism: He can’t find 18th-century usages of grant as a reflexive verb. In other words, one party “grants” something to another; but nobody ever “grants” something to himself.

in the time period from 1750 to 1800 … [t]ransitive uses of the verb—“grant me,” “grant him,” “grant her,” “grant us,” “grant you,” and the like, where the person receiving the grant is different from the person doing the granting—are all common. But reflexive uses, where the person doing the granting is also the person on the receiving end? All but nonexistent.

Leading to the conclusion:

Can Donald Trump pardon himself? Perhaps, but that’s not the question the Constitution requires us to ask. Can Donald Trump grant himself a pardon? The evidence, at least according to the text of the Constitution and its original meaning, says no.

Harvard Law Professor Lawrence Tribe made a similar point to MSNBC’s Lawrence O’Donnell, and added that Article II also stipulates that the President “shall take care that the laws be faithfully executed”. If presidents could pardon themselves, they would instead be exempt from all federal laws — something the Framers clearly did not intend. The King of England might be above the law, but the President of the United States should not be.

We know that the Framers did not bother saying that the president cannot grant himself a pardon, because no one in their right mind would have imagined otherwise.

Specificity. Another problem of constitutional interpretation involves the word pardon itself. What did the Framers think it meant? University of California Law Professor Alan Rappaport argues that the Framers would have seen a pardon as a very specific reprieve from a specific violation of the law.

Most importantly, the Framers would have understood that pardons must be issued for specific crimes. They were not intended to be broad grants of immunity, get-out-of-jail-free cards bestowed by presidential grace.

This would call into question the Flynn pardon, which mentions the specific crime he pled guilty to (lying to the FBI), but also claims to cover

any and all possible offenses arising out of facts and circumstances known to, identified by, or in any manner related to the investigation of the Special Counsel, including, but not limited to, any grand jury proceedings in the United States District Court for the District of Columbia or the United States District Court for the Eastern District of Virginia.

Can such a “broad grant of immunity” really be valid, when President Trump himself may not know exactly what crimes he has put beyond the reach of legal accountability?

The model for this pardon, and for similar pardons Trump is said to be planning for his family and associates, is President Ford’s pardon of former President Nixon, which granted

a full, free, and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in during the period from January 20, 1969 through August 9,1974.

Well OK, then: If Nixon’s pardon is valid, then Flynn’s should be also. But is Nixon’s pardon valid? It was respected, in the sense that nobody put Nixon on trial. But precisely because Nixon’s pardon was never challenged, no judge has ever ruled on its validity.

So if Flynn has committed some crime “related to the investigation of the Special Counsel”, but not specifically identified in his pardon, the next Attorney General will have the option to indict him for it. During the subsequent trial, Flynn could ask the judge to throw out the indictment, because he had already been pardoned. But that motion would have to make its way up to the Supreme Court, because there is no compelling legal precedent for a lower-court judge to cite.

Trump family members might find themselves involved in some similar proceeding. If, say, Don Jr. gets a pardon vaguely immunizing him from anything he may or may not have done, what happens if he is prosecuted for lying to the Senate Intelligence Committee?

If vague, sweeping pardons aren’t valid, Trump’s other option is to list the crimes his children and close associates might be prosecuted for. While this would quite likely be legally valid, it would essentially be an admission of guilt. Such pardons would start to resemble the truth-and-reconciliation model, where crimes committed by an outgoing regime are excused in exchange for a full accounting of them.

Can a pardon itself be a crime? Yes. In his Senate confirmation hearing, Bill Barr admitted that offering a pardon in exchange for false testimony, or for refusing to testify, would be obstruction of justice.

So while the pardon itself might be valid, the President might commit a new crime by granting it.

In his recent book Where Law Ends, Mueller investigation veteran Andrew Weissmann says that Trump’s public praise of Paul Manafort (in particular for refusing to “break” by cooperating with the Mueller investigation, in contrast to Michael Cohen, whom Trump characterized as a “rat“) amounted to dangling a pardon in exchange for his silence. George Packer’s review of Weissman’s book summarizes:

[Manafort’s] lies were encouraged by the president, who made sympathetic noises about Manafort with the suggestion that stonewalling might earn him a pardon. Trump’s pardon power was an obstacle that the prosecutors didn’t anticipate and could never overcome. It kept them from being able to push uncooperative targets as hard as in an ordinary criminal case.

Similarly, the Flynn pardon and the commutation of Roger Stone’s sentence could be interpreted as obstruction.

Side-effects of pardons. Even if Trump’s family and associates have valid pardons, Congress may decide that it wants to know what happened during the various events they might have been prosecuted for. (What exactly was Rudy doing in Ukraine, anyway? When Flynn talked to the Russian ambassador, what instructions, if any, had Trump given him?) So the pardon recipients might be called to testify before congressional committees.

If they are called, they will have no Fifth-Amendment rights to invoke, because they can’t be prosecuted for crimes that have already been pardoned. If they refuse to testify without invoking a valid privilege, they can be cited for contempt of Congress (which a Biden-appointed US attorney might see fit to prosecute). If they testify and lie, that would be a new crime not covered by their pardons.

Not the end of the story. Ordinarily, a pardon is the end of the story: You did something; you were accused and possibly convicted of it; but a pardon wiped the slate clean and the credits roll.

The pardons Trump is considering, on the other hand, might just be another link in the chain of events. Depending on what Biden’s appointments at the Department of Justice decide [4], investigations and prosecutions could still happen, and the Supreme Court would have some important decisions to make.

And whatever the courts decide, Congress could still investigate, and Trump’s various obstructions of justice could still unravel.


[1] Combined with the previous commutation of Roger Stone’s sentence, the Flynn pardon ties up one of the few remaining loose ends in Trump’s obstruction of the Mueller investigation. The only remaining loose end is Paul Manafort, who quite likely will get his own pardon soon. The 2016 Trump campaign connected to Russia in three main ways, and the Mueller investigation ran aground when it couldn’t get the cooperation of Manafort, Stone, and Flynn.

Paul Manafort was the head of the 2016 Trump campaign until he resigned under fire that August. His associate Konstantin Kilimnik turned out to be a Russian agent. Manafort passed campaign polling data to Kilimnik, for reasons that have never been explained.

The emails that Russia hacked from the Democratic National Committee were given to WikiLeaks. Trump associate Roger Stone appeared to have advance knowledge of what was in them and when they would be released. How the Russia-WikiLeaks-Stone-Trump pipeline worked has never been explained.

Michael Flynn was convicted of lying to the FBI about his conversations with the Russian ambassador during the Obama-to-Trump transition. Flynn and Jared Kushner reportedly were trying to set up a “back channel” to Russia that would circumvent US intelligence agencies. What that was for and what Trump knew about it has never been explained.

[2] Just a suggestion: Don’t forget Melania, Don. You do not want her flipping on you.

[3] I think Originalism is a rhetorical device they use when it’s convenient, not set of principles they actually believe. One key example: There is no way the Framers intended the Bill of Rights to apply to corporations.

[4] So far, Biden and Harris have been saying exactly the right things: Whether or not to prosecute Trump-administration crimes will be decided by the Justice Department, which will regain its independence from political meddling.

Our Justice Department is going to operate independently on those issues, how to respond to any of that. I am not going to be telling them what they have to do and don’t have to do. I am not going to be saying, go prosecute, A, B, or C.

Biden is even said to be planning to keep Christoper Wray as head of the FBI. If Wray’s FBI finds evidence of Trump-era crimes, Biden will not have his fingerprints on those reports.

The Monday Morning Teaser

I’m back after a week off. (Well, not really. I turned my featured post from two weeks ago into a sermon at a Unitarian Universalist church.) Did I miss anything?

On the one hand I missed a lot, but on the other it was all fairly predictable: Covid has continued to rage out of control. Biden has been saying sensible things and appointing well-qualified people to his administration. Trump’s I-won-the-election claims have gotten more outrageous as the door closes on his coup attempt. And while he won’t recognize that he’s leaving the White House, he’s working on pardons to immunize allies and relatives who would otherwise have legal vulnerability when he’s not there to hold back the Justice Department.

There are two featured posts this week. The first is a note on pardons that grew too large for the weekly summary. There’s just too much to cover, and it involves some interesting (to an amateur law geek) points of constitutional interpretation about self-pardons, preemptive pardons, pardons to obstruct justice, and so on.  So “Pardons and Their Limits” should be out between 9 and 10 EST.

The second examines the internal Republican strife that has been breaking out since the election: Republican officials and judges who are trying to maintain contact with reality and stay on the right side of the law are running afoul of the true believers in the MAGA fantasy world. In Georgia, Republicans are bashing each other when they need to be uniting behind their candidates in the upcoming Senate runoff elections. This conflict has deep roots: For decades establishment Republicans have believed they could exploit the fantasies of their base, and then put those conspiracy theories back into their bottles when it came time to govern. But now the fantasy world is demanding loyalty and punishing those who deviate.

That post is “Republicans Are Reaping the Whirlwind”, and it may not be out until noon or so.

Finally, the weekly summary covers the virus and the vaccines, the Supreme Court’s about-face on restricting church services, Biden’s appointments, and a few other stories. That should be out a bit later than usual, maybe in the 1-2 range.

Lost Villages

No Sift next week. The next new articles will appear on December 7.

I spent all weekend triple checking that there is *not* a lost, enchanted village in Pennsylvania with 90,000 Trump voters that we forgot to count.

Pennsylvania Lieutenant Governor John Fetterman

This week’s featured post is “Can I Get Over Donald Trump?

This week everybody was still talking about the loser of the presidential election

Today we’ll get a reading on how long it’s going to take to quell the Trump coup. Michigan’s four member election board meets today to certify the election results saying that Biden won. One of the two Republican members says he’ll vote against certification until an audit is done, and if the other Republican agrees, the courts will have to step in.

The problem with [the board member’s] request, which mirrors that of the RNC and the Michigan Republican Party in their recent letter to the board, is an audit or investigation into election results cannot be done until election results are certified. On top of that, asking for an audit is outside the purview of the board, whose only role is to canvass and certify election results.

So we’re waiting to find out if a second board member will use authority the board doesn’t have to attempt to overturn an election Biden won by 154,000 votes, without evidence of any wrongdoing whatsoever.


Trump’s lawsuits continue to get thrown out of court. This ruling by a federal court in Pennsylvania is about as amusing as judicial rulings ever get. It reads like the comments that a very patient professor writes on a first-year law student’s essay that he has given a D.

Again and again, the judge goes back to basic legal definitions (what is “standing”, for example), and explains why the Trump complaint falls apart. There is no need to have a hearing on evidence, because the Trump campaign has not stated a case that evidence could prove.

Even Chris Christie is calling Trump’s legal team “a national embarrassment”. Trump ought to be ashamed of stuff like this, but of course he never is.

The Republican solidarity behind Trump’s coup attempt is starting to erode. But the extent to which it still holds together is frightening. We used to have two parties that both supported American democracy. Now we just have one.

How much longer do we have to keep this up?

Jimmy Fallon’s people put together a Trump concession speech.

Chris Hayes points to the longer game Trump might be playing:

Apropos of nothing, the Confederacy’s refusal to actually accept defeat and instead embrace a Lost Cause narrative of betrayal was a key aspect of its successful efforts to wrench back one-party totalitarian control of the South, which it did both through violence and propaganda.

and the virus

Covid-19 continues to spread out of control, with new records being set just about every day. Two weeks ago I wrote:

It’s a reasonable guess that by next month we’ll be hitting 2,000 deaths in a day.

That happened Thursday. This week we’ll probably see our first 200,000-new-case day.

At The Atlantic, Alexis Madrigal and Whet Moser look at the relatively inflexible relationship between cases and deaths: At first, improvements in treatment lowered the percentage of infected people who died, but that progress has just about stopped.

The U.S. health-care system has not reduced the deadliness of the coronavirus since July, according to a new estimate by a prominent COVID-19 researcher, which accounts for the lags in public reporting of cases and deaths. Instead, the virus has, with ruthless regularity, killed at least 1.5 percent of all Americans diagnosed with COVID-19 over the past four months. …

Because the case-fatality rate has stayed fixed for so long and there are now so many reported cases, predicting the virus’s death toll in the near term has become a matter of brutal arithmetic: 150,000 cases a day, times 1.5 percent, will lead to 2,250 daily deaths. In the spring, the seven-day average of daily deaths rose to its highest point ever on April 21, when it reached 2,116 deaths. With cases rising as fast as they are, the U.S. could cross the threshold of 2,000 daily deaths within a month. Without a miraculous improvement in care, the United States is about to face the darkest period of the pandemic so far.

The researcher estimates the lag between case numbers and death numbers to be about 22 days. So even if cases leveled off today, we can expect deaths to continue going up for at least the next 22 days.


Beating this surge is not rocket science, it’s a question of political will. CNN reports:

The [United States] is now in the same situation that France, Belgium and the Czech Republic were last month, when rapidly rising infections put their health care systems within weeks of failure. But these countries have managed to avert, for now, the worst-case scenario, in which people die because hospitals are full and they can’t access the care they need to survive. They slowed down the epidemics by imposing lockdowns and strict mask mandates. Despite the clear evidence from Europe, the White House is still opposing new restrictions.


It’s easy to believe that Covid can be conquered by authoritarian governments like China. But Stephanie Nolen reports from the not-so-distant, not-so-exotic city of Halifax.

This morning, my children went to school — school, in an old brick building, where they lined up to go in the scuffed front doors. I went to work out at the gym, the real gym, where I huffed and puffed in a sweaty group class. And a few days ago, my partner and I hosted a dinner party, gathering eight friends around the dining room table for a boisterous night that went too late. Remember those?

Where I’m living, we gather without fear. Life is unfolding much as it did a year ago. This magical, virus-free world is just one long day’s drive away from the Empire State Building — in a parallel dimension called Nova Scotia.

How did they manage that?

Our coronavirus lockdown began swiftly in March and was all-encompassing. The provincial borders were slammed shut. In Nova Scotia, even public hiking trails were closed, a big deal for a population used to the freedom to head into the wilderness at will. …

Public health officials, not politicians, set the policy here about what opens. And people (mostly) follow the rules on closures and gatherings and masks. “The message has been that we need to do it to keep each other safe,” [Nova Scotia’s public health chief Robert Strang] told me. “I think there’s something about our culture, our collective ethic, if you will, that means people accept that.”

Collective ethic? Keeping each other safe? It’s that damn socialism!

It’s also maintaining a long-term view: By accepting some harsh restrictions early, the Nova Scotians achieved far more freedom than we have now.


From the other side of the socialist/capitalist divide, Sarah Jones writes about her grandfather’s Covid death.

Sick, in and out of hospitals, and possessed of limited means, my grandfather belonged to a sacrificial category of person in America. This category has always existed, but the pandemic has exposed it and expanded its borders. It has become so difficult to pretend that American free-market capitalism is anything but brutal that conservatives have largely given up trying. … Some conservatives, including Trump, may consider this an acceptable sacrifice to make on behalf of the economy. But I don’t believe anyone benefits from mass death and suffering, or that the elderly and infirm should be made to feel like detritus while they are still alive, as my grandfather was.

and Thanksgiving

This has gotten truly crazy. I’m used to conservatives refusing to take the virus seriously and responding like spoiled children to any suggestion that they shouldn’t do whatever they want. But now the idea is out there that liberals are against Thanksgiving, and you have to “save” Thanksgiving by having as big an indoor, maskless get-together as you can manage.

The “liberals” in question are mainly at the CDC, which is urging Americans to stay home for the holiday.

The White House, meanwhile, is referring to such Thanksgiving advice as “Orwellian”. Scott Atlas, the unqualified doctor who somehow has gotten control of the Coronavirus Task Force,

mocked the idea that older relatives would be put at risk over the holiday weekend, although there is ample medical evidence that seniors are much more likely to become ill if they are exposed to the virus and to die if they become sick.

“This kind of isolation is one of the unspoken tragedies of the elderly, who are now being told, ‘Don’t see your family at Thanksgiving,’” Dr. Atlas said. “For many people, this is their final Thanksgiving, believe it or not.”

Of course, if we do all have big Thanksgiving get-togethers, it will be the final Thanksgiving for a lot more people.

The White House itself announced plans for large in-person Christmas and Hanukkah events.

But the most over-the-top message came from conservative podcaster Charlie Kirk:

The Left has always hated Thanksgiving. Thanksgiving can be interpreted as a religious holiday, if you believe in giving thanks to a Creator. But they hate Thanksgiving because they believe there is nothing you should be thankful for in America. This is an awful place. It is cancerous, rotten to the core. Tear it all down. Burn it from within. And why would you be thankful?

To be fair, there is a discussion among people with a sense of history and justice — does that necessarily make them liberals? — about whether the fundamental dishonesty of the “First Thanksgiving” myth (in view of the ensuing Native American genocide) poisons the whole holiday. But I’ve never heard anybody of any political persuasion find fault with the idea of encouraging gratitude. Whether you believe in a Creator or not, it seems healthy to take a day to reflect on the good things in our lives and acknowledge that we didn’t make all of them ourselves.

In fact, the person who I think would be most likely to object to such a holiday is the Great Orange Menace: Why should a Creator get any of the credit for the marvelous life he has built for himself?

which got me thinking about Covid Carols

The thought of Thanksgiving at home without visitors, followed by Christmas at home without visitors, filled me with a resentment that had to be let out somehow. I have Facebook friends who apparently feel the same way, so we’ve been collaborating on Covid Carols. The group is getting real close to a presentable version of “The 12 Days of Covid”.

Sadly, caroling in the ICU will not be possible this year. Maybe we can do one of those Zoom-choir things.

Having worked on a carol, I had to google the idea. It turns out we’re not the first the think of it. And while the Center for Congregational Song’s completed carols are more polished than the ones we’re developing, there’s something very satisfying about writing your own, especially in long-distance collaboration. The impropriety of it is a giant fuck-you to the whole situation.

So anyway, I happened to notice that the traditional carol “Do You Hear What I Hear?” traces the spread of information from one person the next. That makes it an ideal vehicle for a Covid carol. Like this:

Have You Caught What I’ve Caught?

Said the tourist to the Uber man:
“Have you caught what I’ve caught?
(Have you caught what I’ve caught?)
In a distant land, Uber man.
Have you caught what I’ve caught?
A wheeze, a sneeze,
symptoms of disease,
And I don’t know quite what it is.
I still don’t know quite what it is.”

Said the Uber man to the CEO:
“Have you caught what I’ve caught?
(Have you caught what I’ve caught?)
I’ve begun to sweat, CEO.
Have you caught what I’ve caught?
I ache, I bake,
no matter what I take.
And I really should head for home.
Yes, I really should be at home.”

Said the CEO to a vendor’s rep:
“Have you caught what I’ve caught?
(Have you caught what I’ve caught?)
Sniff this coffee for me, vendor’s rep.
Have you caught what I’ve caught?
A taste, a smell,
I really cannot tell.
It is all just the same to me.
The whole world smells the same to me.”

Said the vendor’s rep to his mother dear:
“You can’t catch what I’ve caught.
(Cannot catch what I’ve caught.)
I feel just fine, mother dear.
Worry not what I’ve caught.
A test, a test,
says I’m not my best.
But I know that it’s a mistake.
I am sure it’s all a mistake.”

Rasped the old woman in the ICU:
“Please don’t catch what I’ve caught.
(Please don’t catch what I’ve caught.)
Cinch your masks tighter, wear your gloves.
Please don’t catch what I’ve caught.
You serve, you give,
so I want you to live.
And I pray this all ends with me.
Let us pray this all ends with me.

and you also might be interested in …

This week’s discovery: the cartoons of @twisteddoodles.


Josh Marshall describes this as “a harmonic convergence of half the bad things in our society”.

Va. AG Mark Herring announces he will fight a lawsuit seeking an exemption to covid-19 restrictions so an indoor gun show with as many as 25,000 attendees can go forward at Dulles Expo Center this weekend. Group claims restrictions violate right to bear arms in Va.


The Atlantic examines the waning of America’s global influence and prestige, which Biden will have a hard time reversing.

During a week that Trump spent tweeting election conspiracy theories, 15 Asia-Pacific countries signed on to a regional trade deal spearheaded by China. Not so very long ago, the Obama administration proposed the creation of a U.S.-led transpacific trade partnership that would have bound the region to a different vision. When Trump trashed that agreement, the door was left open for Beijing.


My annual dose of humility: The NYT’s 100 notable books of the year. Given how little hanging out at bookstores I got to do this year, my totals are below even my usual anemic standards. I’ve read only one of the books, the completion of Hillary Mantel’s Cromwell trilogy, The Mirror and the Light. I’m in the middle of Isabel Wilkerson’s Caste, and I’ll almost certainly read Barack Obama’s A Promised Land and Rick Perlstein’s Reaganland eventually.

As for the rest, well, I’m imagining singing “96 Notable Books on the Shelf” to the tune of “99 Bottles of Beer”.

and let’s close with something racy