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Peak Drumpf

Donald Trump seems to be riding high. But the right anti-Trump message is finally getting out.


I’ll go out on a limb and say we’re at Peak Trump* here. There’s no real sign of it yet in the polls, and he may yet get a bounce out of the unpopular GOP establishment taking the gloves off against him. Even if Saturday’s voting didn’t go as well for Trump as Super Tuesday, none of his Republican rivals has any obvious path to the nomination. So it’s still possible that the GOP will stumble its way to a Trump candidacy in the fall.

Pundits have been predicting the end of Trump from the moment he announced, and so far all of them have been wrong. But I have a simple reason for believing that the threat of President Trump is finally receding: The right anti-Trump message has emerged and is starting to catch on.

The bad boyfriend. Up until now, arguing with Trump supporters has been like telling your 17-year-old daughter that her 29-year-old boyfriend is no good for her: It’s obvious to you, but everything you say just reinforces the me-and-him-against-the-world mystique that has been driving the relationship from the beginning.

So it didn’t work to laugh at the sheer absurdity of President Trump. Pointing out that he was violating all standards of political decorum — or that his facts were wrong and his proposals nonsensical — didn’t work. Being offended on behalf of Mexicans or Muslims or blacks or Jews or the disabled or Megyn Kelly didn’t work. His target supporters don’t identify with any of those groups, and Trump-supporting women probably think Kelly is a little too smart and pretty and full of herself.

Trump supporters are mostly white straight Christians — many (but not all) working class or less educated — who feel like all the trends are running against them and nobody will speak up for them. The fact that the same people who look down on them disapprove of Trump, and that Trump hasn’t been afraid to piss off all those other groups (and didn’t apologize when he was condemned for it) — that just made his supporters love him more.

You know what finally gets through to the 17-year-old? Meeting her boyfriend’s previous three teen-age girlfriends, the ones he dumped when they got pregnant. They look just like her — or at least they used to, before the single-mom lifestyle started to drag them down. Realizing that he told them all the things he’s telling her … that starts to mean something.

And that’s the message that’s emerging: Not that Trump is crude (which he is) or racist (which he is) or a proto-fascist (which he is) or unprepared for the presidency (which he is) or any of that. But he’s a con-man, and he hasn’t been conning Mexicans or Muslims or Megyn Kelly (who is too smart to fall for his bullshit). No, his career is all about conning the kind of people who support him now.

The Trump University scam. An article in Time describes the victims of his Trump University scam (who are now suing him) like this:

They seem to be middle-class or lower-middle-class people anxious about their financial situations and aspiring to do better. In other words, they are the exact group that Trump the candidate is trying to appeal to. … [Trump University] shortchanged thousands of vulnerable consumers, a large portion of whom were elderly, targeted with messages that Trump University was their ticket to avoiding spending their final years working as greeters at their local Walmart.

Trump U raked in $40 million ($5 million of which went straight to Trump) by promising that Trump would handpick mentors (“terrific people, terrific brains … the best of the best”) who would teach his “secrets” of how to make quick money in real estate. Under Trump’s guidance, you’d turn fast profits on deals that wouldn’t expose you to any risk, because somebody else would finance them. (You know: the same way Mexico is going to pay for that wall.)

In fact, the instructors had no real estate experience, had never met Trump, and their training was in how to up-sell students into ever-more-expensive courses: from free afternoon presentations to expensive weekend workshops and then to even more expensive mentorships — none of which would lead to any easy real-estate scores. Trump’s secret to gaining limitless wealth was always just over the horizon, in the next course.

the playbook [for Trump U instructors] spells out how that [weekend] session was meant to up-sell those $1,495 attendees into mentorship programs costing $9,995 to $34,995. It even uses the term “set the hook” to describe the process of luring people at the free preview session to take the three-day $1,495 course. Once their quarry was on the hook for $1,495, the message to be hammered home beginning on the second day of that program was that three days wasn’t nearly enough time to get the students out there making Trump-like deals. Only the more expensive mentorships could do that.

As in his campaign, Trump’s alleged wealth was part of the con: He didn’t need your money; he was going to give Trump U’s profits to charity. But he didn’t. (CNN also can’t figure out what happened to the money Trump supposedly raised for veterans’ charities.)

The Tampa scam. If Trump U were a unique example, Trump’s attempts to explain it away might be believable. But there’s also Trump Tower Tampa, the glorious-but-imaginary condo project pictured to the right. TTT bilked a bunch of middle-class and upper-middle-class Floridians out of their deposits –including a number of retirees who have no way to make that money back. According to Trump, the building was going to be

so spectacular that it will redefine both Tampa’s skyline and the market’s expectations of luxury.

Except he never built it. In fact, he was never going to build it. All he invested in the project was his name, which he licensed to the developers. When the project went bust in the Florida real estate crash — isn’t a real estate genius like Trump supposed to foresee things like that? — he walked away with his licensing fees ($3 million and a lawsuit that claimed he should get another million) and lost nothing.

But his insulation from any possible loss wasn’t revealed to the buyers before they signed their contracts. Quite the opposite.

At a gala reception attended by 600 dignitaries and well-heeled guests, Trump continued to give the impression that he was actively involved in the project. He had a “substantial stake,” he told reporters, and would have increased it but for the fact that the tower was selling so well.

When the project went bankrupt without having built a single condo, the big losers were the people who had trusted the Trump name enough to put down deposits. Jay Magner, the owner of a dollar store, says:

I lost $130,000. I didn’t know people could take your money and not build the building.

Jay McLaughlin, a physical therapist from Connecticut, also lost his money:

The main reason we went into this was Trump. We had no idea he was just putting his name on it and not backing it financially.

The Baja scam. The same story played out with the Trump Ocean Resort Baja Mexico, south of Tijuana. It was supposed to be a luxury resort with a view of the Pacific. Trump licensed his name to the project, and marketed it as if the whole idea had been his to start with. With his help, the developers collected millions in deposits, mostly from Californians. But when it went bust, Trump told a different story to the LA Times:

Trump told The Times that the developers were to blame, saying he merely licensed his name to the 525-unit oceanfront project and was not involved in building it.

Maybe the condo buyers would have wanted to know that fact before they plunked down their money. And those blameworthy developers — shouldn’t a real estate genius like Trump be vetting those guys? Isn’t that precisely the kind of thing the Californians dreaming about their Trump oceanfront condos were trusting him to do?

Do you think he told them that he knew nothing about the developers other than the fact that they paid him money? Or did he claim that they too were “terrific people, terrific brains … the best of the best”?

And you know how Trump claims he never settles lawsuits? He settled that one. Lawyers for his victims said they were “very pleased with the outcome”.

There is no you-and-Trump, except in your mind. That’s the message that is eventually going to get through to Trump’s supporters: It’s not you-and-him against the world. In reality, there is no you-and-him against the illegal immigrants who want to steal your job, against the Muslim terrorists who want to kill you, against the Republican establishment that’s been selling you out, or against the politically correct liberals who keep calling you a bigot. It’s not even you-and-him against the Megyn Kellys who wouldn’t go out with you in high school, or who got to be cheerleaders when you didn’t.

That 50-foot wall between us and Mexico, or the trade deal that will bring all those jobs back from China, or the deportation force that will round up 11 million undocumented immigrants and send them back to Mexico — those are like the luxury condos in Tampa and Baja, or the real estate profits that Trump U graduates were supposed to start making. They’re fantasies he dangles that will never manifest in reality. Afterwards, when you remember how few details he gave you and how quickly he changed the subject whenever anybody tried to get those details, you’ll wonder why you ever believed in them.

That’s how it is when you get conned.

You-and-him is a fantasy he’s happy to let you believe in until he gets what he wants. Then he’ll be on to his next scam, and the marks in that scam will look a lot like you — just like the marks in his previous scams look a lot like you.

The wrong arguments. The stories of Trump’s previous cons have been out there for a while, but they’re only beginning to get the attention they deserve. Up until recently, Trump’s rivals had been ignoring him while they maneuvered towards a 1-on-1 match-up they believed they’d win, while his critics had focused on his apparent political weaknesses — his basic ignorance of anything related to public policy, his loose relationship with the facts, his conservative apostasy, his bigotry, and his un-presidential temperament.

What those critics didn’t appreciate was that Trump’s supporters share a lot of those weaknesses. Denigrating Trump also denigrated a lot of his target audience, and bound them closer to him. If he’s stupid, then they’re stupid — and they’re sick of being called stupid.

Even less effective were the articles written by people who are afraid of Trump. Trump’s target audience are people who feel small and ignored. But if Trump inspires fear, then identifying with Trump lets them experience the thrill that people are afraid of them. What could be more appealing?

Donald Drumpf. But now critics are starting to realize that you have to take out Trump’s apparent strengths. That’s the essence of John Oliver’s amazing takedown. Oliver shows clips of Trump fans enthusing about their hero: He tells it like it is. He says what he means. He’s telling the truth. He’s funding his own campaign. He’s strong and bold. He’s a great businessman.

And then Oliver systematically pops all those bubbles. The Donald Trump we think we know is the “mascot” for the Trump brand, which is a triumph of marketing and image-making over reality.

Oliver reviews the scams I detailed above, and closes by exploding the hype of the Trump brand: It’s not even really his family’s name. Generations ago, an ancestor changed it from Drumpf, which Oliver describes as “the sound made when a morbidly obese pigeon flies into the window of a foreclosed Old Navy.”

Drumpf is much more reflective of who he actually is.

So if you are thinking of voting for Donald Trump, the charismatic guy promising to make America great again, stop and take a moment to imagine how you would feel if you just met a guy named Donald Drumpf, a litigious serial liar with a string of broken business ventures and the support of a former Klan leader who he can’t decide whether or not to condemn.

Would you think that he would make a good president, or is the spell now somewhat broken? And that is why tonight, I am asking America to make Donald Drumpf again.

Oliver has acquired the web site donaldjdrumpf.com, where you can buy this attractive hat.


Even Romney. Mitt Romney has always been a little tone-deaf, and I doubt Donald was quaking with fear when Mitt announced he would speak out. But even his unprecedented denunciation of Trump (skip the first 2:30 of the video, or just read the transcript) — when was the last time a party’s most recent nominee publicly denounced its current front-runner in such vitriolic terms? — eventually found the right note:

But you say, wait, wait, wait, isn’t he a huge business success? Doesn’t he know what he’s talking about? No, he isn’t and no he doesn’t.

Look, his bankruptcies have crushed small businesses and the men and women who work for them. He inherited his business, he didn’t create it. And whatever happened to Trump Airlines? How about Trump University? And then there’s Trump Magazine and Trump Vodka and Trump Steaks and Trump Mortgage. A business genius he is not.

… I predict that despite his promise to do so, first made over a year ago, that he will never ever release his tax returns. Never — not the returns under audit; not even the returns that are no longer being audited. He has too much to hide.

… Here’s what I know. Donald Trump is a phony, a fraud. His promises are as worthless as a degree from Trump University. He’s playing the members of the American public for suckers. He gets a free ride to the White House and all we get is a lousy hat.

I’ll add this to Romney’s point about Drumpf’s taxes: He won’t release them because they’ll prove he’s not as rich as he says he is. That’s part of the scam too.

Suckers. The right response to a Trump supporter isn’t to show fear or get angry or paternalistically explain what the facts actually are or how the world really works. The right response is pity: You poor sucker.

Identifying with Donald Trump isn’t making his fans look strong. It’s showing everybody just how weak and foolish they are. This obvious flim-flam man has taken advantage of their insecurities, and is conning them the way he has conned so many people like them in the past.

Those poor suckers. They think Trump is standing up for them. But nobody is laughing at them harder than he is.


* While doing the final edit on this post, I discovered George Will is also talking about “Peak Trump“. Given Will’s record as a seer, that gave me a moment of doubt. But I’m sticking with my prediction.

Trump is an opportunistic infection

For decades, the GOP has been killing off its demagogue-detecting and bullshit-rejecting antibodies. Now it’s helpless.


As Donald Trump moves ever closer to their party’s nomination for president, many Republicans are trying to understand or explain what has happened. Various metaphors have been thrown around: It’s a “hostile takeover“, or a “class war“, or a “populist uprising“.

Here’s a more accurate comparison: Trump is like the opportunistic infections that attack people whose immune systems have been compromised. A healthy political party could have thrown off Trump’s candidacy with barely a sniffle, but today’s GOP is in grave danger.

Over the last few decades, the Republican Party has been systematically destroying all the habits and mores and traditions and standards that keep a political party stable and allow it to play a constructive role in governing a great republic like the United States. Those things function like antibodies: They may be invisible to the naked eye, but they head off outbreaks of all sorts of destructive nonsense.

Now they’re gone, and Donald Trump is running wild.

How did this happen? For years now, the Republican Party has increasingly been winning elections (at every level short of the presidency) by misinforming voters and appealing to their darker passions. It has pandered to believers in baseless theories like Birtherism and the gun-confiscation conspiracy, while ridiculing the scientific community’s warnings about climate change. It has claimed that racism is a thing of the past — “things have changed dramatically” John Roberts claimed while striking down the heart of the Voting Rights Act — and that the only real bigotry today is “political correctness” and discrimination against whites and Christians.

Rather than change its own plutocratic policies, the GOP has scapegoated undocumented immigrants for working-class impoverishment. (If you’ve been losing at poker and wonder if someone’s been cheating you, don’t accuse the Mexican who’s been sweeping the floor. Look at the guy with all the chips.) It has pushed self-serving economic fantasies like “tax cuts pay for themselves” and biological fantasies like the female body “shutting down” to make pregnancy-by-rape impossible. It has looked the other way while hucksters and con-men fleeced its faithful. It has struck down any traditional notions of fair play; beating Obama has been the important thing, and only wimps appeal to gentlemanly traditions and rules of decorum. (If it’s OK to yell “You lie!” during the State of the Union, what’s wrong with endorsing a shout-out that Ted Cruz is a pussy?)

In short, the GOP has devolved from the Party of Lincoln — or more recently the Party of Eisenhower — to  the Party of Truthiness. (Truthiness, coined by Stephen Colbert, is the seductive notion that what your gut wants to believe must be true, independent of any facts or science or expert opinion.) The result is that the party’s base has no immune system that would reject a candidate like Trump.

All the weapons another candidate might use to take Trump down have been systematically dismantled. Are his “facts” wrong? Mitt Romney already burned that bridge in 2012. Do experts say his proposals are nonsense? There are no experts any more; if you feel a need for expert support, go invent your own experts like the Koch brothers and right-wing Christians do. Are his speeches full of racist dog-whistles? Politically correct nonsense! Racism ended in the 60s, except reverse-racism against whites. And if Republicans had to expel anybody who dog-whistled about Obama, there’d be no party left. Are there echoes of fascism in his giant rallies and cult of personality? In his celebration of real and imaginary violence against hecklers? In his fear-mongering about unpopular ethnic or religious groups? In his implication that specific policies are unnecessary, because all will follow from installing a Leader with sufficient Will? More nonsense: There is no fascism any more, unless you mean liberal fascism or Islamofascism.

With all the legitimate arguments of political discourse unavailable, other candidates were left to fight each other and wait for Trump to go away. And when Marco Rubio recently decided he finally had to take Trump on, the only weapon at hand was to tease him like a third-grader, suggesting that he wet his pants during a debate.

While many “establishment” Republicans fruitlessly look for a miracle drug to cure Trump fever without also taking down Cruz, Rubio, and half their Senate candidates, others are beginning to surrender. It’s just one election; maybe it won’t be so bad.

But this is where the compromised-immune-system analogy has something to teach: People whose immune systems have been crippled by AIDS or chemo-therapy seldom catch just one disease. Even if some massive dose of political antibiotics could flush Trump out of the Republican system, the underlying problem is still there: The Republican base cannot detect and reject hucksters. It cannot tell fact from fantasy. It values posturing and bombast over the skills necessary to govern a republic. It seeks scapegoats rather than solutions. It winks and nods at racism and white entitlement.

As long as that remains true, new Trumps will arise in 2020 and 2024, and any qualified Republican candidate offering real solutions will be defenseless against them. The Republican Party doesn’t just need to find a way to deal with Donald Trump. It needs rebuild its immune system.

The Apple/FBI question is harder than it looks

Nothing about the Apple vs. the FBI showdown is as clear-cut as it initially appears.

There’s a way of telling the story that makes Apple sound completely unreasonable, and could even justify Donald Trump’s call to boycott the company: The FBI needs to get information off the iPhone of one of the San Bernardino terrorists (Syed Rizwan Farook), so that it can check whether there are additional conspirators or direct operational links to ISIS. The only damage in the FBI having that information is to the privacy of a dead terrorist. But Apple is fighting a court order that instructs the company to help the FBI, in a case that could well wind up at the Supreme Court. Senator Tom Cotton draws this conclusion:

Apple chose to protect a dead ISIS terrorist’s p‎rivacy over the security of the American people.

Sounds pretty bad. But that story falls apart in a bunch of ways. First, CNN’s national security analyst Peter Bergen argues that the information on that particular phone is probably not all that important.

What might be learned from Farook’s iPhone? Of course, we don’t know, but it’s likely that it wouldn’t be much beyond what we already know from the couple’s Facebook postings, their Verizon phone account, their computers seized by police, the evidence found at their apartment complex and the fulsome confession of their friend Enrique Marquez, who allegedly provided them with the rifles used in their massacre and also allegedly knew of their plans to commit a terrorist attack as early as 2012.

No evidence has emerged that Farook and his wife had any formal connection to a terrorist organization, and the plot involved only the couple and the alleged connivance of Marquez. What might be found on Farook’s iPhone therefore is more than likely simply only some additional details to buttress the overall account of what we know already.

Bergen thinks the FBI is pushing this case purely to establish a precedent for future cases. In public-relations terms, Farook is the least sympathetic target the FBI is likely to get, so why not have the public battle here?

He notes that Apple’s side of the argument is not so clear-cut either: Apple has cracked iPhones for the government many times in the past, and responds to court orders concerning iPhone data that has been backed up to iCloud. So what great principle are they standing on?

These revelations suggest the possibility that the facts of this particular case aren’t as important as the larger principles at stake and that both Apple and the U.S. government are using the San Bernardino case as something of a test of the question: Should tech companies give the FBI any kind of permanent backdoor?

And then things get technical: What’s different about this iPhone (as opposed to the ones Apple has previously made available to the government) is that it’s a more recent version, the 5C, whose security features Apple touted. So Douglas Rushkoff sums up what the FBI wants of Apple:

They’re saying, “We want you to reveal that the promise you made about this phone turns out not to be true.”

In an open letter to its customers, Apple emphasizes that it isn’t breaking faith with them:

For many years, we have used encryption to protect our customers’ personal data because we believe it’s the only way to keep their information safe. We have even put that data out of our own reach, because we believe the contents of your iPhone are none of our business.

Summing up a few of the technical details: Apple doesn’t have the information on Farook’s iPhone, doesn’t have his passcode, and doesn’t have a software tool that recovers the data without the passcode. What, then, could Apple do for the FBI? One security feature of recent iPhones is that the data on an encrypted phone is wiped if an incorrect passcode is entered 10 times in a row. This prevents breaking into a phone by what is called a “brute force” approach, where you connect the phone to another computer that just runs through all possible passcodes. (If we’re talking about the typical 4-digit iPhone passcode, that’s only 10,000 possibilities, which wouldn’t take very long. I’ve seen estimates varying from half an hour to an hour.)

What the court has ordered Apple to do is provide the FBI with what is basically a software patch to circumvent that auto-erase feature. Once they have that, the FBI can crack the phone.

Apple’s response is that it has never written such software, and it doesn’t want to.

The FBI may use different words to describe this tool, but make no mistake: Building a version of iOS that bypasses security in this way would undeniably create a backdoor. And while the government may argue that its use would be limited to this case, there is no way to guarantee such control.

In other words, there won’t be any way to un-ring that bell: Once Apple has software that circumvents its security features, what happens to that software after the FBI has Farook’s data? At a minimum, it’s available to court orders in future cases. And if it’s available to American court orders, why couldn’t it be available to Chinese court orders? Or Iranian court orders? The principle that protects a terrorist today could protect a dissident tomorrow. And if Apple doesn’t stand on a principle, it becomes a kind of court itself, deciding case-by-case which governments deserve its help in which situations.

Worse yet, what happens to the security-circumventing software after this case? What if Apple’s internal security fails, and the software (or enough hints to allow some hacker to reproduce the software) gets out? It could even wind up in the hands of terrorists who decrypt information that helps them plan some future attack.

That’s how you wind up with a story where Apple is the hero: They’re bravely fighting to maintain our privacy. That’s how Edward Snowden put it in a tweet:

The is creating a world where citizens rely on to defend their rights, rather than the other way around.

But Douglas Rushkoff is skeptical of that story too.

It would be a mistake for people to think of this as “The People” against government security. That’s a ruse. Really, it’s the world’s biggest corporation versus the world’s most powerful military. That’s what we’re looking at.

And while I do believe that we people should defend our right to privacy, I don’t see the individual’s right to military-grade encryption. I see Visa companies, or Bank of America’s need to use it on my behalf, if Chinese hackers are using it to buy condoms on my Visa card…

For me to have something that the full focused attention of the Pentagon – which I’m sure is involved – and the FBI… To have something that they can’t break into… Imagine a real-world metaphor for that. “Oh, you’ve got a lock in your house that’s so powerful that if they brought the freakin’ army, and tanks, they couldn’t get in?”

There is certainly an economic angle here: The big tech companies — Apple, Google, Microsoft, etc. — were deeply embarrassed when Snowden revealed how complicit they all were in the NSA’s legally and morally dubious snooping on people who had done nothing to draw suspicion to themselves.

In that sense, Apple’s position (supported by Google and some other tech companies) is a sort of repentance: We have sinned in the past, but we have seen the light now and will sin no more. But the issue isn’t moral, it’s market-based: We need customers to believe we’re on their side, rather than the side of the government that wants to spy on them.

And finally, there’s a technological-inevitability angle on this: If more-or-less unbreakable encryption is possible at a price people are willing to pay, someone will provide it. (In response to Rushkoff: I don’t really need a lock and a door that tanks couldn’t break through, but if I could cheaply get one, it might be tempting.) If the U.S. government won’t let American companies provide those secure products, then they’ll be made in other countries.

So the United States can’t really stop that industry, it can just give it to some other country.

So that’s where I end up: siding with Apple in this specific case, but not making a hero out of Apple CEO Tim Cook. Right now, market forces put Apple on the side of personal privacy. Meanwhile, the FBI is trying to order the tide back out to sea. Law enforcement would do better to start adjusting to the future now.


DISCLAIMER: I don’t think this is affecting my view — I believe I’d feel the same way if Microsoft were taking a similar stand — but I should mention that I own Apple stock, as well as various i-gadgets. However, I am not currently using my iPhone’s encryption capabilities to hide any illegal activities.

Replacing Scalia (or not)

As I pointed out last week, the Constitution is pretty clear about what should happen now: President Obama should nominate a replacement and the Senate should either approve or disapprove of the nominee’s ability to handle the job. (Article II, Section 2 says “he shall nominate”. The shall indicates a duty, rather than may, which would offer an option.)

Retired Justice Sandra Day O’Connor (appointed by President Reagan) sees it that way. Asked whether the process should wait until we have a new president, she said: “I don’t agree. I think we need somebody there now to do the job, and let’s get on with it.”

When Alexander Hamilton defended the Constitution’s appointment process in Federalist #76, he expected the Senate to examine an individual nominee’s character and ability, but never considered the possibility that the Senate might engage in the kind of blanket obstruction Republicans are proposing.

But might not [the president’s] nomination be overruled? I grant it might, yet this could only be to make place for another nomination by himself. The person ultimately appointed must be the object of his preference, though perhaps not in the first degree. It is also not very probable that his nomination would often be overruled. The Senate could not be tempted, by the preference they might feel to another, to reject the one proposed; because they could not assure themselves, that the person they might wish would be brought forward by a second or by any subsequent nomination. They could not even be certain, that a future nomination would present a candidate in any degree more acceptable to them; and as their dissent might cast a kind of stigma upon the individual rejected, and might have the appearance of a reflection upon the judgment of the chief magistrate, it is not likely that their sanction would often be refused, where there were not special and strong reasons for the refusal.

But, as I have often pointed out before, republics don’t run just on their rules, but also on their norms and mores. So it’s legitimate to wonder whether there might be some long-standing gentlemen’s agreement or common courtesy that would prevent Obama from nominating Scalia’s replacement. The answer is pretty clearly no. Republicans have been claiming all sorts of unwritten rules to that effect, all of which resemble the rules of Calvinball.

It is true that there have not been a lot of election-year Supreme Court vacancies. (I assume justices see an election year as an inconvenient time to retire, though I don’t really know.) The closest recent example is the vacancy filled by Justice Kennedy: Justice Lewis Powell retired in June, 1987, and Kennedy was not confirmed until February, 1988 — President Reagan’s last year in office. (The delay was caused by the Senate’s refusal to confirm Robert Bork, and then by the withdrawal of Reagan’s second nominee.)

If you go further back, you get clearer parallels: Presidents Taft, Hoover, and Franklin Roosevelt nominated justices in election years and got them confirmed. Wilson got two justices confirmed in 1916. Eisenhower (1956) and Johnson (1968) failed to get their election-year picks confirmed but (according to Amy Howe of SCOTUSblog) “neither reflects a practice of leaving a seat open on the Supreme Court until after the election.” In Eisenhower’s case, the Senate was already adjourned for the fall campaign (so he made a recess appointment). Johnson’s pick was the target of a bipartisan filibuster, having to do with the nominee’s ethical issues.

No one has come up with an example that supports the Republican position: a Supreme Court seat that was left open for a year to allow the next president to fill it. That would be unprecedented in the last 150 years.

There is also no unwritten rule saying that a new justice should fill the same ideological role as the justice s/he replaces. Arch-conservative Clarence Thomas, for example, replaced one of the Court’s most liberal judges, Thurgood Marshall.

It’s worth pointing out that even if any of these unwritten rules really existed, Senate Republicans are in a poor position to claim them. Throughout the Obama administration, they have blasted through the previous norms and mores of Senate behavior: making the filibuster routine; blocking nominees not for individual reasons, but in order to screw up the organizations they were supposed to head; brinksmanship with the debt ceiling; and many other examples. They have consistently refused to be bound by any unwritten rules of courtesy, so why should they get the advantage of one now?


There have been several attempts to claim hypocrisy on the part of Democrats who want to follow the constitutional process. One frequently cited example is a 2007 quote from Chuck Schumer to the effect that the Democratic Senate “should not confirm any Bush nominee to the Supreme Court except in extraordinary circumstances.”

Two things stand out about that: First, no more vacancies came up during Bush’s term, so we don’t know to what extent Schumer (who was just an ordinary senator at that time, and spoke only for himself) was just posturing in front of a liberal audience. (If today’s Republicans posture about blocking all nominees, but then go ahead and do their constitutional duty anyway, that would be fine.) Second, the quote is plucked out of its context, as Josh Marshall explains (with video of Schumer’s remarks):

What Schumer actually said was that Senate Democrats had been hoodwinked by President Bush’s first two Supreme Court picks – Roberts and Alito. They’d accepted assurances that they were mainstream conservative judges who would operate within the precedents and decisions of the Rehnquist Court but hadn’t. (Certainly, the experience since 2007 has more than ratified this perception.) Schumer said Democrats should try to block any future Bush nominees unless they could prove that they were ‘in the mainstream’ and would abide by precedent. …

Schumer quite explicitly never said that the Bush shouldn’t get any more nominations. He also didn’t say that any nominee should be rejected. He said they should insist on proof based on judicial history, rather than just promises that they were mainstream conservatives rather than conservative activists, which both have proven to be. But again, set all this aside. He clearly spoke of holding hearings and being willing to confirm Bush nominees if they met reasonable criteria.

Another attempt is to cite a 1960 sense-of-the-Senate resolution which the conservative American Thinker blog characterizes as “against election-year Supreme Court appointments”.

Except that’s not what it says. The resolution opposed recess appointments to the Supreme Court, which put a justice on the Court temporarily without Senate approval, not election-year appointments. Since Obama is not making a recess appointment — Republicans having fought tooth-and-nail to limit Obama’s recess-appointment power — the 1960 resolution has no connection to the current situation.


A tweet from Ken Wissonker puts a different slant on the wait-for-the-next-president idea:

As a friend put it: “Apparently, the GOP thinks that Black Presidents only get 3/5ths a term.”

The attempt to imply that Obama’s nominee will somehow be illegitimate is part of the larger effort to de-legitimize Obama’s entire presidency. And it’s hard to escape the conclusion that race has played a role in this project.

From the beginning, his opponents have never granted Obama the respect due a president of the United States. Whether it’s shouting “You lie!” during the State of the Union, or encouraging members of military to refuse orders, or spreading baseless rumors about his birth or religion, or complaining whenever he does things all presidents do, or expressing frustration that impeachment requires evidence, or warning foreign leaders not to make agreements with him — the consistent message has been that Barack Obama is not a legitimate president of the United States.

So we elect our first black president, and he’s treated with less respect than all previous presidents. Who could have guessed?

Back to Ferguson

If Ferguson can’t justify its behavior, but can avoid change by pleading poverty, then what do we say to the guy who can’t figure out how to support his family without dealing drugs or robbing liquor stores?


In the aftermath of Michael Brown’s death in August 2014, the eyes of the country were on Ferguson, a city of 21,000 that is part of the St. Louis metropolitan area. Through the subsequent fall and winter, I discussed Ferguson several times on this blog, including “What your Fox-watching uncle doesn’t get about Ferguson” about the protests, and “Justice in Ferguson“, which covered the two reports the Justice Department issued last March.

The gist of what the Justice Department found was that in the specific case of Michael Brown, the evidence matched the account of the shooter, a white police officer, well enough that no charges were called for. (I felt good about my coverage here: I hadn’t claimed the officer was guilty of murder, but only that local authorities hadn’t performed a fair and credible investigation. The Justice Department’s investigation satisfied me.)

But Justice Department found that the more general complaints of Ferguson’s black community were justified: Policing in general was racially biased, and excessive force was commonly used, including inappropriate use of tasers and dogs. Complaints of excessive force were largely ignored, and officers were not disciplined. (As the Justice Department’s lawsuit — which we’ll get to in a few paragraphs — charges: “The supervisory review typically starts and ends with the presumption that the officer’s version of events is truthful and that the force was reasonable.”)

The Department’s report found that the root of the problem was even bigger than the police: Ferguson used its municipal court system to wring revenue out of the poor, creating an adversarial relationship between the police and the community. In short, the primary mission of the police was not to maintain order, but to find violations for which people could be fined. The city budget called for and depended on regular increases in revenue from fines.

Last month, Ferguson and the Justice Department worked out an agreement to reform Ferguson’s police and court practices without taking a lawsuit through the courts. But Tuesday, Ferguson’s City Council unanimously “approved” that agreement with seven unilateral amendments.

Those seven conditions on acceptance are that (i) the agreement contain no mandate for the payment of additional salary to police department or other city employees; (ii) the agreement contain no mandate for staffing in the Ferguson Jail; (iii) deadlines set forth in the agreement are extended; and (iv) the terms of the agreement shall not apply to other governmental entities or agencies who, in the future, take over services or operations currently being provided by the City of Ferguson; (v) a provision for local preference in contracting with consultants, contractors and third parties providing services under the agreement shall be included; (vi) project goals for minority and women participation in consulting, oversight and third party services shall be included; and (vii) the monitoring fee caps in the Side Agreement are changed to $1 million over the first five years with no more than $250,000 in any single year.

The arguments for these changes amount to: We can’t afford it. Ferguson can’t afford to raise police pay to attract better officers, particularly if the other reforms are going to reduce the city’s revenue. It can’t afford to monitor compliance with the agreement. It can’t afford to change as quickly as the Justice Department would like (and maybe stalling will allow it to strike a better deal with a Trump or Cruz administration). Revision (iv) gives the city an additional card to play: It could nullify the agreement by disbanding its police department and contracting out to some neighboring town or to St. Louis County. (Other nearby towns — a report by Arch City Defenders named Bel Ridge and Florissant in addition to Ferguson — also misuse their municipal court systems, and probably don’t like the precedent the Justice Department is setting in Ferguson. )

The Justice Department responded the next day by filing a lawsuit in federal court. The suit does not ask for specific remedies, but that the Court “Order the Defendant, its officers, agents, and employees to adopt and implement policies, procedures, and mechanisms that identify, correct, and prevent the unlawful conduct”. Presumably, the government has a court order in mind and thinks it has a good chance of getting it.

It’s possible to tell this story in a way that creates sympathy for Ferguson’s officials: Even if they now have the best of intentions, their budget is already in deficit, and that deficit will only get worse if the police and courts stop shaking down poor blacks for money. And if change also requires additional expenditure … well, where is that money going to come from?

On an abstract level, Ferguson raises issues similar to the ones in Flint: Once we segregate poor people into their own city or town, how does that municipality raise enough money to provide the basic services civilization demands? Where does the money come from to pump in clean water and truck out garbage? How are roads paved and buses run, so that people can get to their jobs? Who puts out fires? Who drives the ambulances and where do they take people for care? Who educates children and protects the innocent from crime?

If no external help is available, the answer is often to victimize the poor and voiceless. If somebody has to suffer, why not somebody the larger public doesn’t care about?

But we need to recognize where this financial-necessity logic leads: If Ferguson can’t justify its behavior, but can avoid change by pleading poverty, then what do we say to the guy who can’t figure out how to support his family without dealing drugs or robbing liquor stores?

The Justice Department may have no practical answer to the question of how Ferguson can afford to start policing its citizens fairly, with due regard to their rights as Americans. But nonetheless it must insist that the buck not stop there. If a Ferguson that respects the rights of its citizens is not financially viable and is doomed to bankruptcy, then the county and the state and even the nation have a problem. In truth, that problem already exists. The question is whether the rest of us will be allowed to hide it inside the borders of Ferguson and then look away.

Say — you want a revolution?

Changing presidents or even changing minds isn’t enough. A real revolution has to change a lot of people’s political identities.


Some years ago, I was at a restaurant a couple blocks from my apartment when that cycle’s Democratic congressional candidate (Katrina Swett, which would make the year 2002) came in to campaign. It was late enough that most of the lunch traffic had left already, so shaking every hand in the room didn’t take her very long.

After the candidate left, our waitress — a pleasant young woman who had been doing a perfectly fine job as far as I and my friend were concerned — came over with an inquisitive look on her face. I thought she was going to ask us whether we knew anything about Swett, and whether she would be a good person to represent us in Washington. Instead, she asked whether we knew anything about Congress. “Is it, like, important or something?”

I’m not particularly good at answering a fundamental question when I was expecting a specific one, so let’s just say that I doubt my pearls of wisdom changed her life, or even that she remembers me at all. But I’ve remembered her ever since.

By telling this story, I don’t mean to denigrate the political sophistication of young adults or the working class or women or any other category that this waitress coincidentally belonged to. But to me, she represents a group that pundits and armchair political strategists often forget: people who just don’t care about politics. They aren’t stupid or any more self-centered than the rest of us, and they aren’t discouraged or embittered or angry. They just look at politics the way other people might look at football or fashion or Game of Thrones: They have never bothered to pay attention to it, and they don’t see that they’re missing out on anything.

It’s hard to say exactly how many such people there are. But certainly they could constitute a significant voting bloc, if they saw any point in it.

The truly silent majority. In a typical presidential election, voter turnout is somewhere between half and two-thirds of the voting-age population. Mid-term congressional elections usually draw less than half of the electorate, and less than a third bother to participate in some state and local elections. (A shade over 30% voted in Kentucky’s recent gubernatorial election, yielding a surprise Republican win.) As you can see from this graph of the turnout in every presidential election since 1824, this phenomenon is nothing new; to see significantly larger turnout, you have to go back to 1900.

So in virtually every contested election in the entire country for the last century, the margin of victory has been less than the number of people who didn’t vote. That massive lack of participation provides a blank wall onto which many people can project their conflicting fantasies.

Like Ted Cruz:

The last election, 2012, 54 million evangelicals stayed home. Fifty-four million. Is it any wonder the federal government is waging a war on life, on marriage, on religious liberty, when Christians are staying home and our leaders are being elected by nonbelievers?

“Imagine instead,” he told the students at Liberty University, “millions of people of faith all across America coming out to the polls and voting our values.”

Real Clear Politics’ election analyst Sean Trende attributed Mitt Romney’s 2012 loss to “the missing white voters“, and argued that the GOP wouldn’t have to work so hard at appealing to Hispanics if it could just raise white turnout.

Wherever you stand on the political spectrum, you can imagine that the apathetic masses only appear not to care about public affairs. Actually, they just haven’t heard the right motivating message: your message. As soon as they do, then everything will start to change.

Heck, some version of this thought pattern occurs even in the fringiest, most radical circles. The armed yahoos who took over that wildlife refuge in Oregon didn’t figure on overpowering the federal government by themselves. They imagined a nation full of anti-government patriots, ready to take up arms as soon as someone was brave enough to sound the clarion call.

When they sounded that call and only a few dozen wackos showed up, I imagine they were pretty surprised.

The discouraged liberal majority. In spite of the daydreams of militiamen and social conservatives, the statistics say that marginal voters trend Democratic. That’s why relatively high-turnout elections like Obama’s first presidential race in 2008 (57.1% of voting-age citizens participated; that would be a low turnout in a lot of other democracies) are good for Democrats, while low-turnout elections, like the midterms in 2010 (41%) and 2014 (36%), strongly favor Republicans. That’s also why Republicans like to make voters jump through hoops: They believe the ones who won’t bother will mostly be Democrats.

Those numbers justify the Great Democratic Turnout Fantasy: If everybody voted, Democrats would win every election, everywhere. The Democratic advantage would be so insurmountable that the Party wouldn’t have to compromise on wedge issues like abortion or gay rights or gun control. Democrats wouldn’t have to pander to powerful interests or rich individuals. They could put the unalloyed New Deal/Great Society message out there and wait for the votes to roll in.

In particular, what if all the young people voted? What if all the women voted? What if all the low-wage workers voted? But we’re zeroing in on my waitress, and that should make us all stop and think: Who are the people who don’t vote, and what level of participation can we reasonably expect out of them?

Levels of engagement. People relate to politics in all sorts of different ways, and devote different levels of energy to it. Here’s a rough categorization, varying according to the depth and quantity of the thought and effort involved.

  • Apostles. These are people who have a political worldview and can lay out their political philosophy — liberal, conservative, anarchist, communist, white supremacist, or whatever. They can state their principles and apply them to whatever issues come up, without any outside guidance.
  • Activists. Some cause — anything from the environment or abortion to something as local as establishing a new park or putting a stoplight on a dangerous corner — got them interested in politics. Their interest in that issue placed them on one side or the other of our deep political polarization, so they have come to identify with other activists on a wide range of issues.
  • Players. Like a sports team, a political party can be part of a personal identity; issues are just opportunities to argue that your team should win. For example: From the end of Reconstruction to the New Deal, the South was solidly Democratic. That wasn’t because the Democratic Party represented a philosophy universally accepted by Southerners. Rather, the Republicans were the party of Yankee invaders (and disenfranchised Negroes), so the Democrats were the home team.
  • Fans. Left to their own devices, many people wouldn’t care about elections. But personal identity connects them to people who do care. When election day gets close, they look to a family member, a minister, a union leader, or some admired public figure to tell them who the good guys are.
  • Impulse voters. These citizens have only a tangential connection to politics. They might not vote, or they might vote for some whimsical reason: They like or dislike a candidate’s face (or, more ominously, race or gender). Or they heard a story that made him/her look good or bad. Or a slogan appealed to them; maybe “Yes We Can” in one election and “Taxed Enough Already” in the next.
  • The alienated. Disinterest in politics can also be part of a personal identity. Politics is some stupid thing that people yell at each other about. Politicians are like televangelists or get-rich-quick swindlers: They’re in it for themselves, and if you pay any attention to them at all you’re just being a sucker.

Most public discussion of politics comes from apostles or activists, and tends to project that level of interest onto non-voters: People don’t vote because the major parties aren’t addressing their issues or speaking to their philosophy. If only we changed our platform or the emphasis of our rhetoric, they’d flock to us.

But I don’t think my waitress had a political agenda in mind, or was turned off when Candidate Swett didn’t speak to it. I believe she was in the low-engagement impulse/alienated region, and honestly had no idea why she should care who went to Congress.

Paradoxes. When you picture non-voters as disgruntled apostles and activists, the world seems full of mysteries: What’s the matter with Kansas? Why do so many working-class whites vote against their economic interests? Why do so many Catholic Hispanics vote for pro-choice Democrats? How can the country whipsaw from a Democratic landslide in 2008 to a Republican landslide in 2010, and then re-elect Obama in 2012?

But while some apostles and activists don’t vote (holding out for a candidate with the proper Chomskyan or Hayekian analysis, I suppose), I believe that the vast majority of non-voters are in the low-engagement categories. You can’t understand turnout without accounting for them.

What’s the matter with the working-class whites? Thomas Frank’s book tells you, if you read carefully: As union membership declined, players and fans who used to identify with their unions (and vote that way) started identifying with their fundamentalist churches (and voting the other way).

Why does the immigration issue worry the Republican establishment so much that they want to pull against their base? Because they see Hispanics developing a team identity and deciding that the Democrats are on their side. If that happens, a lot of impulse and alienated Hispanics (and Asians and Muslims, for similar reasons) will become reliable Democratic players and fans, regardless of other issues.

What happened between 2008 and 2010? Liberal apostles and activists will tell you that Obama betrayed their high ideals. He failed to be the transformational FDR-like leader they had hoped for, and so the excitement they generated in 2008 was gone by 2010. But that should lead to another question: Why didn’t 2010 see a progressive wave similar to the Trump/Cruz/Carson rebellion we’re seeing on the right this year? Why didn’t all the disappointed liberals of 2008 send a more liberal Congress to Washington in 2010, one that would force Obama to come through on the hopes he had raised in 2008?

My answer is that the 2008 wave wasn’t primarily ideological or issue-based. While he presented well-defined positions on major issues and had the support of many thoughtful people, Obama also brought a lot of impulse and alienated voters to the polls on the strength of his personal charm, the Bush administration’s failures, and a message that resonated at a level not much deeper than “Hope and Change”. In 2008, Obama represented not just national health care and ending the Iraq War, but something he could not possibly have delivered: a “new tone in Washington” where politicians would start working together rather than yelling at each other.

Do I wish Obama had pushed harder on progressive issues (the way he started doing after 2014, when he had no more elections to face)? Yes, I do. But do I think he could have turned the 2008 coalition into a permanent electoral force that would have transformed American politics the way FDR did? No. I think that reading of recent political history is unrealistic, because the transformation Obama was supposed to catalyze depended on alienated and impulse voters suddenly deciding to change their personal identities and see themselves progressive activists and apostles.

Why would they have done that?

The kind of political revolution we won’t have. My rough categorization has fluid boundaries. At any given moment, people are migrating in both directions across the border between the alienated and impulse voters. Fans are getting energized and becoming players, while players are getting burned by their experiences and retreating back into fandom. Disengaged people are running into some issue that hits them on a deep level and makes them dig into politics in a way they never thought they would.

But (absent some huge crisis I don’t want to wish for) big changes in the personal identities of large groups of people don’t happen overnight. In particular, they don’t happen in one election cycle. So the vision of “political revolution” that I’m hearing from a lot of Sanders supporters (though Bernie’s own use of the phrase seems a little more cautious, if a bit vague) is not going to happen: We’re not going to sweep Bernie into office and then hold that majority together as a pressure group that will either make Congress pass his agenda, or toss them out of office in 2018 if they don’t. If we get a 2008-like progressive vote in 2016, a lot of that total will be low-engagement voters who will already have lost interest by Inauguration Day.

Change in America has never happened in a single election, through the election of a radical leader. The abolition movement, for example, didn’t start by sweeping Abraham Lincoln into office. It was a long, hard grind that began decades before Lincoln’s campaign. [1]

How big changes happen. When you look at American politics on a larger timescale, though, it does include a few big changes and re-alignments: the 1776 Revolution, abolition, the turn-of-the-century Progressive movement, the New Deal, civil rights, and the conservative counter-revolution we’ve been living in since the Reagan administration.

But none of those turnarounds happened quickly. Take civil rights: The Democratic Convention of 1948 split over civil rights, and Truman won without the break-away Dixiecrats. But the Voting Rights Act didn’t pass until 1965.

Ronald Reagan made it to the White House in 1980 on his third attempt, after failing to get the Republican nomination in 1968 and 1976. Republicans didn’t get control of the House until the Gingrich wave of 1994.

Between 1968 and 1994, a lot happened outside of electoral politics: Starting in the 1970s, billionaires and big corporations pooled their resources to create the intellectual infrastructure to make conservatism respectable. [2] Economic conservatives made common cause with religious fundamentalists; combined with union-busting, that instituted a shift in the way Americans found their political teams. Spin doctors developed ways to appeal to white racism covertly, without setting off a backlash. [3] Conservatives developed talk radio, then Fox News and a whole media counter-culture, with its own celebrities and cult identity. [4]

The next turning point. By now, the Reagan counter-revolution has gotten long in the tooth, and its plutocratic nature gets harder and harder to deny. If you look at inequality graphs, things started going wrong for the middle class after the Democrats lost seats in the midterm elections of 1978, which pushed them towards deregulation and letting unions fend for themselves. [5] Reagan’s tax cuts accelerated that process, and by now the ascendancy of the rich — and the plight of the average American — should be obvious to everyone.

The outsized influence of money on our political process has also become obvious, to the point that majority opinion influences government action only when it happens to coincide with the opinion of the wealthy. To a large extent even before Citizens United, and much more boldly and obviously after, large corporations and wealthy individuals buy the laws they want.

It’s not hard to make the connection between these odious results and the conservative principles that have dominated our politics since Reagan: low taxes on the rich, loose regulations on corporations and banks, and a Supreme Court that believes money is speech and corporations are people.

So the Reagan paradigm should be vulnerable.

What is success? In The Democracy Project, David Graeber measures the success of a revolution not by whether it seizes and holds power, but by whether it changes “political common sense”. By that measure, he judges the French Revolution a success: It may have ended up giving power to Napoleon rather than the People, but afterwards the divine right of kings was dead as a political principle, while “Liberty, Equality, Fraternity” lived on.

Conversely in America, changing the party in power does not always (or even usually) start a new era. The Republican presidencies of Dwight Eisenhower and Richard Nixon did not end the New Deal/Great Society era of liberalism, and the Democratic presidencies of Bill Clinton and Barack Obama did not end the conservative Reagan era. Here at the end of the Obama administration, political common sense has not changed much in decades: The basic assumptions of what government does, what problems it should and shouldn’t address, and the range of possible solutions that can be debated are more or less what they were in 1995 or 1982. To the extent those things have shifted, they’ve flowed ever further to the right.

So a real political revolution will not happen just because we elect a new president, not even one whose agenda is as transformational as Bernie Sanders’. It’s not hard to imagine conservatives repeating against President Sanders the game plan that worked against Obama: Obstruct everything he tries to do, then present him as a failure and a disappointment in the 2018 midterm elections. If Sanders’ 2016 victory has depended on impulse voters liking the sound of him (but not changing their political identities), that plan should work again. By 2018 they will have lost interest, and Republicans will sweep a low-turnout midterm.

What would a real political revolution look like? We can’t start a new progressive era in American politics by getting low-engagement voters to show up once. The revolution does have to have an electoral component, but it also needs to proceed on two other levels.

Most simply, our appeal to impulse and alienated voters needs to be more sustainable. [6] 2008’s “Hope and Change” and “Yes We Can” were inherently single-use slogans. In 2010, it was impossible to pivot from “Yes We Can” to “We Would Have If Those Bastards Hadn’t Stopped Us”. (Contrast those single-use slogans with Reagan-era memes that are still with us: small government, strong defense, family values.) Here, things are improving: Bernie Sanders’ focus on “the rigged economy” is something that progressives can keep coming back to until we get it fixed. We need more such phrases.

At an even more fundamental level, though, we need to change the ways that people identify with politics. We need more Democratic players and fans, who stay loyal from one cycle to the next, so that we aren’t depending on unreliable impulse voters to put us over the top.

This level of social engineering is beyond my competence, but it’s not impossible.

The old-school method, which I believe still works, is to build on our initial success by connecting the changes we’ve achieved to positive change in people’s lives. My own family is an example: I don’t know what political identity the Muders had in the 1920s, but a story I heard again and again growing up was how in the 1930s my grandfather managed to stall the bank from repossessing the family farm until the New Deal’s farm loan program started. That saved the farm and we’ve been Democrats for four generations now.

But that snowballing sense of progress is exactly what Republican obstruction has tried to deny us these last seven years, with considerable success. The only major advance we’ve seen recently is ObamaCare, which is why — even as we push for a single-payer system — we need to stop running it down. It’s saving lives. If the saved people realize that and tell their family and friends, we’ll have a lot more reliable votes. Maybe soon all the minimum-wage workers who get a raise will join them.

But while snowballing progress is the fastest way to change political identities, it’s not the only way. An alternative is to create and support and grow local institutions that create liberal community, as the Reagan conservatives did with fundamentalist churches. Unions would be ideal, but if that clock can’t be turned back, there are other possibilities: What if instead of relating to politics through her fundamentalist church, a housewife started getting her political identity from her co-op grocery or a local environmental group? Even something that isn’t overtly political — say, a folk music cafe — can liberalize the identities of the people who feel part of a community there.

The wild card in this process — which I hesitate to speculate on because I’m such a novice myself — is social media and the various forms on online community. What can we create that people can belong to, that will reinforce their identities as progressives?

When people decide to vote or not vote, or when they stand in the voting booth deciding which oval to darken or which lever to pull, they shouldn’t feel alone. They should feel part of a community that is interested in what they are doing and why. Which community that is will determine elections for decades to come.

When you change that, you’ve made a revolution.

What about that waitress? I never became a regular at that restaurant, and young waitresses switch jobs often anyway, so I didn’t keep track of her. For all I know, by now she might have changed and become deeply political. Who can say what might have caused it? Maybe she had children and started wondering who regulates the corporations who make the processed food she’d been feeding them. Maybe she got to know the Hispanic workers in the kitchen, and realized they can’t be what’s wrong with America. Maybe she found Jesus and became an anti-abortion crusader. When you’re talking about individuals, anything can happen.

But whether she has changed or not, America still has lots of impulse voters and citizens alienated from the political process completely. You can win a single election by convincing a bunch of them that you are sufficiently different that they should take a chunk out of a single day to come vote for you. But you can’t make a revolution that way.

To make a revolution, you need to get a large number of them to change their political identities and become players or fans of your team. You need to inspire fans of the other team to get their political identities from a different part of their lives, some part that will connect them to your team instead.

That’s a lot more complicated than just getting out the vote, and it takes a lot longer. But that’s what needs to happen, if you want a revolution.


[1] Lincoln’s success, in fact, depended on finding the right compromise position on slavery — one a bit less radical than that of Seward, the early Republican front-runner.

[2] That story is told in Jane Mayer’s recent book Dark Money.

[3] See Ian Haney Lopez’ book Dog Whistle Politics, which I summarized in “What Should Racism Mean?“.

[4] Part of the credit for the Ted Cruz victory in the Iowa Caucuses has to go to the endorsement of Duck Dynasty‘s Phil Robertson, who appeared with Cruz in an ad.

[5] That interpretation was already apparent by 1984 when Thomas Edsall wrote The New Politics of Inequality.

[6] At an even more basic level, we need to recognize the existence of low-engagement voters, and stop being ashamed of appealing to them. Idealistic liberals look askance at Madison Avenue tactics. But phrases that speak to low-engagement voters — like Sanders’ “rigged economy” — need not be empty. If we’re communicating something real to voters — something we can back up with data and policy for anyone inspired to dive into the details — rather than just trying to trick them into voting for our candidates by taking advantage of their ignorance, we have nothing to be ashamed of.

Undecided With 8 Days To Go

In a normal New Hampshire primary, undecided Democrats get courted and pandered to. But this year everyone just seems annoyed with us.


Tonight, this election cycle starts to get real: Actual voters will caucus in Iowa and we’ll get the first commitments that actually mean something. A week from tomorrow, I’ll be voting in New Hampshire.

And I’m still not sure what I’m going to do.

I know a lot of you will suspect my honesty when I say this — that in itself strikes me as a symptom of the general situation — but I have genuinely not decided whether I’m voting for Clinton or Sanders. I’m not pretending so that I can sneak my pro-Bernie or pro-Hillary propaganda past your defenses. I really don’t know what I’m going to do.

In a nutshell, the dilemma comes down to this:

  • I like the issues that Sanders has been highlighting: single-payer health care, a big public works program to build infrastructure and create jobs, breaking up the big banks, offering tuition-free college, and so on.
  • I see a huge difference between any Democratic candidate and any Republican candidate, and I have much more confidence of a Democratic victory in November if Clinton is the nominee.

I know the objections to both of those points: The Sanders proposals are all things that would never get through Congress anyway, so what difference do they make? And polls show Bernie running well against the most likely Republican nominees — better than Hillary in most cases — so why can’t I just accept that he’d be the better nominee? And besides, isn’t the lesser evil, well, evil?

I’ve considered all that. I really have. Honestly. And I have worries about both candidates.

My worries about Sanders. To me, the Sanders candidacy only makes sense when you think about how it started: Elizabeth Warren finally convinced everybody that she was serious when she said she wasn’t running, so somebody else had to represent the progressive wing of the Party. Otherwise, Clinton would run unchallenged and could take liberal votes for granted. So Bernie stood up to carry the liberal banner, to be the un-Hillary and make sure progressive issues weren’t ignored.

It isn’t clear to me that Bernie has ever had a serious intention of becoming President of the United States.

How can I say that? Well, I’ve listened to his speeches. The typical Sanders speech boils down to a list of statistics that leads to a list of proposals. [1] You know what’s not in there? Who he is.

For example, here’s a bunch of stuff I never knew until a few minutes ago when I looked it up on Wikipedia: His wife’s name is Jane. It’s a second marriage for both of them. They have no children together, but Jane had three children from her first marriage, and Bernie has a son from a non-marital relationship in the late 1960s. Bernie’s older brother lives in England, where he’s involved in politics with the Green Party.

Is that kind of stuff important? Well, if he just wants to take the liberal message to the Democratic Convention, no. In that case, the message is important and the messenger doesn’t matter.

But if we’re talking about actually becoming president, family and other personal information does matter. Americans expect to have a relationship with their president. We don’t vote for a set of policies, we vote for a person.

The President, after all, is going to come into our living rooms the next time something like 9-11 happens. He or she is going to mourn with us, acknowledge that this is really awful, and reassure us that we’ll get through it if we work together. If we have to go to war, the President is going to tell us why. If the economy starts collapsing, the President will tell us not to panic, and will outline all the things the government will do to keep the situation from getting out of hand.

We want to feel like we know that person.

Sanders has told us that he wants to do good things, but he hasn’t told us why. That may seem like a silly question to you, but Americans get suspicious of people who offer to do good things for them for no obvious reason. (Ronald Reagan used to make fun of the guy who says, “I’m from the government and I’m here to help you.” His audiences loved it.)

Bernie has said that he’s “not particularly religious“. For some people, that’s a deal-breaker right there. But even the people who are OK with it are going to want to know what deep values motivate him and where those values come from. Abstractions won’t do; they’ll want stories. (John McCain wasn’t particularly religious either. But he could point to a family tradition of military service, leading up to his POW story.)

If he doesn’t tell those stories and answer those questions, the Republicans will do it for him. Last week, I talked about the kind of smears we’re likely to see if the opposition starts taking him seriously. I don’t think Bernie has set himself up well to respond.

The way you undo a smear is that you tell a more convincing story about yourself than the one your enemies are telling. You look straight into the camera, straight into America’s living rooms, and say, “You know me. You know what I’m really like.”

When voters were being horrified by videos of Barack Obama’s radical black pastor, Jeremiah Wright, Obama went on TV and told the story of his relationship with Wright, and his lifelong relationship with blackness. When Jimmy Carter tried to scare the country with Ronald Reagan’s extremism, Reagan just said, “There you go again.” With his delivery, with that face and voice Americans had been seeing and hearing for decades, it was devastating.

I have  a hard time picturing Bernie Sanders doing anything like that. He’s not building the kind of personal connection to the voters that could see him through a crisis. His poll numbers may look good now, but in the fall campaign he’ll be vulnerable.

My worries about Clinton. To understand Hillary Clinton, you have to know about two formative political experiences.

The first time Bill was elected governor, he came to office with an ambitious agenda that was quite liberal for Arkansas. And Hillary also was breaking the mold. She dressed more like a college student than a Southern lady — not to mention a governor’s wife — and she kept her own name, Hillary Rodham.

That first term, Bill ran into huge opposition, accomplished very little, and got tossed out of office in the next election. The NYT summarized in 1991:

In his first term, in 1978, he offered a far-ranging package of liberal proposals. Since then, he has painstakingly picked his issues, built his coalitions and chosen his fights. To admirers, that has shown a shrewd ability to use his political capital where it could achieve results. Critics have seen it as timidity in taking on powerful interests.

Hillary learned a lesson too: For Bill’s comeback campaign, she became a Clinton. They won.

But that was Arkansas, not Washington. So when Bill was elected president in 1992, he again came in with a sweeping liberal agenda, and Hillary was right in the middle of it: She would lead the effort to achieve Harry Truman’s dream of national health care.

It was a re-run on a larger scale: huge opposition, massive legislative defeat, and a backlash at the polls. The midterm elections of 1994 were a Republican sweep that ended decades of Democratic control of the House. Hillary was blamed for the disaster, and for the rest of his presidency, Bill Clinton could only accomplish anything — or even keep the government open — by making deals with Newt Gingrich. Once again, he had to pick his issues and choose his fights.

If I had that history, I’d probably be cautious too. So it’s no wonder that Hillary doesn’t cut loose and propose idealistic stuff any more.

But there’s a problem with constraining your imagination to what is currently possible: Once you do that, the range of possibility can only shrink. As David Atkins wrote in Washington Monthly:

Politics isn’t just the art of the possible today. It’s also about shaping the realm of the possible tomorrow. When the opposition is willing to compromise, pushing the envelope might come at the expense of real gains in the moment. But when the opposition is intransigent, advocating for the impossible might just be the most productive thing a president can do to lay the groundwork for gains in the future.

Maybe this year you can only afford to vacation within driving distance of home, so fantasizing about Paris is completely impractical. But if you don’t maintain a Paris fantasy at all, the year when it’s finally just barely possible, you might not notice.

The Republicans never make that mistake. Their primary campaigns are always full of ideas like abolishing the EPA, replacing the income tax with a flat tax, privatizing Medicare, banning Muslims from coming into the country, ending abortion, and all sorts of other things that I doubt the next Republican president could make happen. The conservative imagination stays fertile, and if circumstances unexpectedly give them their chance, their plans will be ready to go.

Which way from here? So that’s where I am: I like Bernie’s issues, and I like him in the messenger role, carrying the progressive flag to the convention, reminding the public that Clinton and Obama aren’t the far left wing of American politics, and making sure Hillary knows that her left flank can’t be taken for granted. But the thought of him as the nominee sets me worrying about the Trump administration. [2]

So who am I voting for in eight days? I’m still not sure, and whatever I’m thinking right now might flip after I see what happens tonight in Iowa.

No man’s land. That indecision puts me in a strange position as I peruse my Facebook news feed or wander the blogosphere. Sanders and Clinton themselves are doing a fairly good job controlling their rhetoric, but that’s not true of their supporters. On social media, things go ad hominem in a hurry: If you defend Sanders, you don’t grasp how the world works, but if you criticize him, you’re part of the evil Clinton establishment. If you try to stand in the middle and keep both sides honest, you’re both clueless and corrupt.

So on behalf of all the Democrats who are still undecided and really can see it both ways, I’ll put this plea out there: Between now and the time the nomination is decided, please work on imagining that some people might honestly and intelligently size up the situation differently than you do. Not everybody who disagrees is evil or stupid.

More similar than different. This rancor is a bit ridiculous, because what we’re mainly arguing about is whether you accomplish more by moving step-by-step or by thinking big. As Rebecca (@Geaux_RC) commented last week on my post “Smearing Bernie, a preview“:

[Clinton and Sanders] agree on the following:

Climate change is real and should be addressed. Women deserve to have control over their bodies. The wealthy should pay more than they currently are in taxes. Voting rights need to be protected and expanded, not undermined and limited. Education is an important priority and should be funded appropriately. The minimum wage needs to be raised. Health care is a fundamental human right. The criminal justice system needs reform.

The Republican candidates disagree with all of that. (OK, Rand Paul supports some kind of criminal justice reform. Any other examples?)

So Bernie wants a $15 federal minimum wage while Hillary wants $12, with state and local action to increase that wage in places with a higher cost of living. (Republicans argue about whether the current $7.25 is too high, while some are against the principle of any government-set minimum wage.)

Bernie calls for a $1 trillion infrastructure program, while Hillary’s is only $275 billion.

Bernie wants public colleges and universities to be tuition-free. Hillary wants community colleges to be tuition-free, and has a more complicated plan for making other higher education affordable.

I could go on, but trust me, the pattern is true across the board: Bernie’s proposals are simpler and bigger, while Hillary’s are wonkier and more cautious. But I can’t find an issue where they have fundamentally different goals.

Conversely, compare either of them to Republican candidates: Bernie and Hillary want the rich to pay higher taxes, while the Republicans want the rich to pay lower taxes. Bernie and Hillary want the government to do more about global warming, while the Republicans want to undo the things President Obama has done. Bernie and Hillary want to protect a woman’s right to choose an abortion, while the Republicans want to chip away at it or eliminate it entirely. And so on.

Given all that, can’t we all figure out some way to get along until the Convention? And then march united into the fall elections? I know it will be frustrating to watch your candidate lose, whichever one it is. And eating your words and voting for other one in November; that’s going to be a challenge. But none of it is going to be as frustrating or as challenging as listening to the Ted Cruz inaugural address.


[1] I’m putting this in a footnote because it’s an aside that interrupts the flow of what I’m saying, but would it kill the guy to tell a story once in a while? Not everybody thinks in statistics. All the way back to Lincoln, the great American politicians have been storytellers.

[2] One more concern: Sanders’ I-have-never-run-a-negative-ad high principles. Particularly against Trump or Cruz, I think the Democrats’ fall campaign needs to be scorched earth.

Smearing Bernie, a preview

A Murdoch paper shows us how Republicans will go after Sanders, once they start taking him seriously.


Soviet propaganda poster.

Bernie Sanders, as seen by the New York Post

So far, Republican presidential candidates have been positioning themselves to run against Hillary Clinton.

In the transcript of the most recent Republican debate, I found only five mentions of Bernie Sanders.  Two occurred when John Kasich was asked about the possibility of running against Sanders, and brushed it off:

We’re going to win every state if Bernie Sanders is the nominee. That’s not even an issue.

In the other three, Sanders’ name was invoked to tar somebody else. Marco Rubio said Ted Cruz typically joined with Sanders to vote against defense bills in the Senate. Twice, Sanders and Clinton were yoked together, so that Clinton could be associated with a position Bernie has taken more explicitly: Ben Carson said Clinton and Sanders blame everything on “those evil rich people”, and Chris Christie said both would raise Social Security taxes.

Clinton, on the other hand, seemed to come up in every answer. She was described as “a national security disaster”, “someone who lies to the families of those four victims in Benghazi”, “an enabler of sexual misconduct”, who wants “to take rights away from law-abiding citizens”, and whose weakness “will lead to greater war in the world”. In other settings, Donald Trump has speculated that Hillary is running “to stay out of jail“, and Chris Christie has promised to prosecute her.

In short, the Right’s barrage against Hillary targets far more than her vision of America’s future or her proposals for getting there. It’s personal, and has been since Bill’s candidacy first drew their attention a quarter century ago.

At times, Republicans even appear to consider Sanders an ally in the anti-Clinton struggle. Karl Rove’s American Crossroads PAC is running an anti-Hillary ad in Iowa, echoing a Sanders-campaign charge about contributions from Wall Street. Bloomberg reports:

During Sunday night’s Democratic debate, the Republican National Committee made the unusual move of sending no fewer than four real-time e-mails to reporters defending the self-described democratic socialist from attacks by Hillary Clinton or echoing his message against her.

It’s not a complete love-fest, though. Republican leaders or Fox News or other conservative outlets occasionally trash the whole idea of socialism or a socialist president. But so far their criticisms of Sanders have mostly stayed philosophical: Bernie’s a good guy, he just has bad ideas.

You know that won’t last, if a Sanders presidency starts to look like a serious possibility. I suppose an optimist could imagine a Sanders/Trump, Sanders/Cruz, or Sanders/Rubio race becoming a national debate about Bernie’s issues: universal health care, an increased minimum wage, creating jobs by rebuilding America’s public infrastructure, making college free, breaking up the big banks, and so on. The GOP’s candidate could explain why he opposes Bernie’s agenda and try to convince the American people to agree with him.

But I suspect the Republicans will take a different approach, because they always do. In a general-election campaign, they won’t be satisfied to say that Sanders is wrong; instead, they’ll want to argue that there is something wrong with him. A campaign that is already centered on hatred and fear won’t change its character for Bernie. Once he is seen as a serious challenger, there will have to be reasons to hate and fear Bernie Sanders.

What reasons? Let’s assume for the moment that there is no legitimate scandal in Bernie’s past, nothing that would give pause to an objective, well-informed voter. Let’s go further and assume that he hasn’t had allies or acquaintances who can be demonized, like Jeremiah Wright or Bill Ayers.

Does that put him in the clear? I don’t think it does. Even if Sanders and everyone he has ever associated with are paragons of saintly virtue, “scandals” can always be manufactured out of nothing.

The Obama-birther issue is a classic example: Barack Obama was born in Hawaii. The State of Hawaii says so, local newspapers published birth announcements at the time, and there was never any reason (beyond the wishful thinking of people who didn’t like him) to doubt his birth or citizenship or eligibility for the presidency. But that didn’t keep the “controversy” from raging for years. (Trump voters still don’t believe Obama was born in America.)

Going back a little further, John Kerry served admirably in Vietnam, was wounded three times, and received both a bronze and a silver star for heroism. But all that was turned against him in the campaign that gave swift-boating its name. Mike Dukakis was accused of being against the Pledge of Allegiance, and responded too slowly because he just couldn’t believe anyone would take the charge seriously. (They did.)  The suicide of Clinton aide Vince Foster was hyped as a murder, supposedly to cover up an affair with Hillary. (But according to a contradictory rumor, Hillary is lesbian.) Al Gore said several true things that got exaggerated, and then the blame for being a “serial exaggerator” got pinned back on him. Howard Dean yelled at the wrong time, so he was clearly unhinged.

No matter how much you admire Bernie Sanders, nobody is so perfect that they can’t be lied about or ridiculed for some blameless statement or action. If Sanders becomes a threat, the Right will go after him — personally. Not his policies or political philosophy, him.

How will they do it?

We got a preview in the January 16 edition of Rupert Murdoch’s New York Post. In a column the Post categorized as News (not Opinion), Paul Sperry wrote “Don’t be fooled by Bernie Sanders — he’s a diehard Communist.

The article is long and full of details, but even so, the evidence Sperry assembles for his claim is … well, sketchy would be a compliment.

  • As a student in 1964, Sanders belonged to the Young Socialists League. (The article gives no evidence that YSL was all that sinister. And besides, a lot can happen in half a century. At about the same time, Hillary Clinton was a Goldwater girl.)
  • He worked for a union that was investigated by the infamous House Un-American Activities Committee. (That’s the one Joe McCarthy used for his witchhunts. If everyone HUAC investigated had actually conspired with the Soviets, the Republic would have fallen a long time ago.)
  • In the 1970s, he “headed the American People’s History Society, an organ for Marxist propaganda”. (No evidence is given for the Marxist-propaganda claim, other than a documentary favorable to the early-20th-century American socialist and labor crusader Eugene Debs. Elsewhere, a University of Vermont librarian elaborates: “In the brochure’s ‘Dear Educator’ section, Sanders announced that Debs was the first documentary in a new series called ‘The Other Side of American History,’ which would ‘deal with people and ideas that the major profit oriented manufacturers of audio-visual material will not cover because of economic and political reasons’.”)
  • Bernie’s Senate office displays a portrait of Debs, who like a lot of people at that time — George Bernard Shaw and H. G. Wells come to mind — was slow to recognize the dark side of the Russian Revolution. (Saying nice things about the Bolsheviks was far from the center of Debs’ political identity, which was more about organizing unions, trying to keep the U.S. out of World War I, and popularizing then-radical notions like unemployment insurance and Social Security.)
  • In the 1970s, Sanders belonged to the Liberty Union Party, which wanted banks and utilities to be publicly owned. (Contrary to the “diehard Communist” claim, the leader of that party says they parted ways because “Sanders was moving right”.)
  • As Mayor of Burlington, he supported rent control and land trusts. (In hindsight, it worked out pretty well.)
  • While he was mayor, Burlington’s minor-league team was called the Vermont Reds (possibly because it was a farm team of the Cincinnati Reds. Life imitates art here: In the 1970s conspiracy-theory romp Illuminatus!, a right-wing rabble-rouser warns an Ohio crowd that the time to thwart Communist world domination is now: “Are we going to wait until the godless Reds are right here in Cincinnati?”)
  • In the 1980s, he didn’t support President Reagan’s attempt to overthrow the elected government of Nicaragua by force, and instead attempted to find a peaceful solution to the conflict. (The Sandinistas eventually lost an election and left office voluntarily, so maybe they weren’t such Stalinist monsters after all.)
  • Burlington has a sister city in Russia (as part of a program established by President Eisenhower). As Mayor, Sanders and his new wife went on a group trip to that sister city not long after they got married, creating the sort-of-true claim that he “honeymooned in the Soviet Union“.

There’s more, but you get the idea. For decades, Sanders has been on the left side of the American political spectrum. He’s been suspicious of what unregulated capitalists might do and in favor of workers organizing unions to counter their power. Like the late Howard Zinn, he believes (correctly, I think) that the left side of American political history got misrepresented during the Cold War, and still isn’t told accurately. He’s been skeptical of the perpetual-warfare state, and its efforts to focus our attention on external enemies rather than internal injustice.

If that’s diehard Communism, then there are a lot more diehard Communists than I thought — including me, I guess.

Looking at the weakness of the case, you might be tempted to laugh it off. But swift-boating John Kerry was absurd too, and it worked. With money, media power, and a significant slice of the population ready to repeat whatever nonsense they’re told, the Right can go places with a narrative like this — especially against a candidate most of the country doesn’t know.

So if you were a Republican candidate running against Sanders next fall, why would you risk discussing single-payer health care on its merits (and defending the health insurance companies nobody likes) when you could instead turn the question to whether Bernie Sanders is a loyal American? I mean, Stalin supported single-payer health care, and Castro — so why are we even discussing how it works and who it benefits? The GOP candidate will favor American healthcare, not Soviet healthcare like Comrade Sanders.

Why bother disputing the moral and economic virtues of a higher minimum wage, when you could say: “I believe in wages that you earn fairly in the free market, while Comrade Sanders believes the government should set your wages”? Why defend the too-big-to-fail enormity of Citibank and Bank of America when you could instead rail against Comrade Sanders’ plan for a government takeover of the banking system? (If ObamaCare could be labeled a “government takeover of the healthcare system“, why not do the same to Sanders’ bank-break-up plan?) You could point out that strong American presidents of both parties, from Harry Truman to Ronald Reagan, won the Cold War. So why are we giving in to Communism now?

And since Sanders has declared his independence from all special interests, the Republican nominee will have much more money to use setting the terms of the general-election debate. He’ll be able to launch five attacks for every Sanders defense. Even when Sanders gets free media attention, he’ll find himself confronted with questions about Soviet healthcare and government takeovers and giving in to Communism. When you talk to your crazy uncle who lives inside the Fox News bubble, those phrases will form a buzzword-wall that you’ll never get past.

That is why the decision to vote for Sanders in the primaries — here in New Hampshire, my decision is coming up faster than most — is more complicated than it seems. Because Sanders has yet to face the full force of the right-wing bullshit machine, I put no stock at all in the polls showing him running better against Republican candidates than Hillary does, or picking up Trump voters in a race against some other Republican. And while I want to see a full public debate of the issues Bernie is raising, I’m not at all sure that will happen if we nominate him.

That may sound crazy, but the campaign you get is often not the one you thought you were signing up for. Mike Dukakis knew he’d have to defend his ideas about creating jobs, but he never expected to become the Guy Who Hates the Pledge of Allegiance or the Pro Black Rapist Candidate. (Looking back, he said: “I made a decision we weren’t going to respond. That was it. About two months later I woke up and realized I was getting killed with this stuff.”) Elizabeth Warren anticipated criticism of her banking proposals, but not how much time she would have to spend denying that she invented Native American ancestors to cash in on affirmative action.

Being in the right only helps up to a point. If the other side can launch a series of attacks that have just enough surface plausibility to demand a response, the public’s attention may never turn to the issues you’re trying to run on. The voters may never listen to all those wonderful points you want to make.

So if he’s nominated, I have to wonder how much of Bernie’s message will make it out to the voters, and how much will be swamped by bullshit issues. How much time will he spend establishing that he’s not a Bolshevik (or worse, refusing to establish that he’s not a Bolshevik, on the high principle that he shouldn’t have to), or defending some easily misrepresented Burlington city ordinance from thirty years ago? Having seen how completely the Right can re-invent a recent historical figure like Saul Alinsky, I can barely imagine what they’ll do with Eugene Debs.

Dealing with bullshit issues patiently but firmly (and occasionally managing to turn them to your advantage) requires its own kind of political skill, the kind John Kennedy demonstrated when he defused fears of his Catholicism, or Obama showed when he spoke about race and Jeremiah Wright. (That speech was the moment I realized I wanted Obama to be president.) No one believes Hillary Clinton has the oratorical gifts of JFK or Obama, but she’s been facing right-wing smears for more than two decades, and has gotten pretty good at fending them off, as she showed when she stared down the House Benghazi Committee for 11 hours in October.

Does Bernie Sanders have that in him? I don’t know. So far, nothing in his career has required it. I worry that when Fox News and Rush Limbaugh and Alex Jones put him in the crosshairs, he’ll get testy and defensive. Baseless attacks might raise his preachy side, leading him to lecture reporters rather than answer their questions or artfully deflect them or humorously turn them around. His idealism might lead him to insist that because bullshit issues shouldn’t matter, they don’t.

They do. In election after election, we’ve seen that they do. We need a candidate who can deal with them.

Is Bernie Sanders that candidate? I don’t know. That — maybe even more than how I feel about the policy differences between Clinton and Sanders — is the thing I have to decide in the next two weeks.

There’s a Lot to Know about the Militia Takeover

I was going to do my own analysis of the militia takeover of Malheur Wildlife Refuge in eastern Oregon, but it turns out there’s no need: Lots and lots of insightful articles are out there already, so I’ve decided to survey them for you.

You can come at this story from many different angles:

  • the day-to-day actions of the occupiers and the (so far) apparent inaction of the government in response. The best place to keep track of this is through Oregon Public Broadcasting, which has a web page collecting all its Malheur-related articles.
  • the legal case that sparked the occupation, the arson conviction of Dwight and Steven Hammond.
  • the larger land-use issues that unite many local ranchers against government policy, whether they agree with the armed occupation or not.
  • the off-beat and sometimes downright nutty versions of American history and constitutional law that the militiamen use to justify their actions.
  • how the government should respond to the occupation
  • the hilarious responses of various comedians and satirists.

Recent developments. As I said above, OPB is the place to keep up. If you’re waiting for a pitched battle, not much has been happening. The occupiers were supposed to be announcing their exit strategy Friday, but OPB didn’t publish one, so probably that didn’t happen. The most ridiculous recent story was the first arrest: Kenneth Mendenbach was arrested Friday for unauthorized use of a vehicle after he drove a commandeered government van into town for supplies. An unofficial spokesman for the militia called this a “dumb choice“.

An Oregon sportsman’s group, Backcountry Hunters & Anglers, have posted a video of their members tearing down one of the occupiers’ signs. They recognize the obvious:

It’s a baldfaced grab at the lands that belong to the people of the United States. I can guarantee what that means is that pretty soon they’ll start saying, “Well, you guys can’t come out on this land because it’s ranchland.”

The Hammonds. The spark the set off the conflict was the re-imprisonment of the Hammonds, when an appellate judge ruled that their conviction (for arson on public land) carried a mandatory minimum sentence of five years. A good summary of the case comes from the local U.S. attorney.

I agree that mandatory minimums are bad law, but I don’t believe in a special exception for white land-owners. So if this case motivates conservatives to get on board with criminal justice reform, that would be great. But a lot of non-violent black offenders are serving long sentences for drug convictions, and their plight doesn’t raise similar public compassion.

BTW, the Hammonds quite likely have committed many more crimes than the arsons they were convicted of. They had already plea-bargained the charges down, and the government believes one fire was set to cover up evidence of an illegal deer hunt. There’s also a child-abuse angle on the story. So, in short, I don’t see them as sympathetic figures.

Ranchers and public land. A more positive view of ranchers and the complexity of the grazing-on-public-land issue comes from Grist‘s Nathaniel Johnson. Long-term grazing rights are not property, but in some ways they sort of are. For example, a bank will give you a loan based on the value of your grazing rights. Ranchers pay higher prices for land with federal grazing rights attached, so it’s not entirely crazy for them to feel cheated if those rights are changed or eliminated.

Also at Grist, Darby Minow Smith, interviews her Montana-rancher Dad about the issues raised by the Malheur occupation. He argues that grazing on public land is a good thing, as long as it’s not over-done.

There are indicator species that show that a forest is healthy. I’ve long maintained that cows on grazing permits are an indicator that there’s a system that’s working. There’s open space out there. There aren’t subdivisions choking up around the forest.

On the other hand, The Week‘s Ryan Cooper calls attention to the underlying contradictions of “cowboy socialism”, i.e., the strange marriage of the rugged individualist stereotype to demands for free stuff (land, water, etc.) from the government.

As Marc Reisner details in his history Cadillac Desert, this is the basic problem with Western politics, even up to the present day. It has been from the very start handicapped by the reality that only extensive federal government projects could possibly facilitate the settlement and development of the region, but it has been too wedded to the cowboy mythology to admit it.

But instead of coming to terms with reality, and building quality government institutions to ensure the programs functioned properly, Western politicians simply grafted massive federal subsides onto their beloved cowboy individualism.

If the federal government hadn’t fought the Indian wars and the Mexican-American War, the West wouldn’t be available to English-speaking settlers at all. Without expensive federal investments in dams and other big infrastructure projects, most of the non-coastal West would only support populations about the size of the Native American tribes who preceded the white settlers. Without the subsidies that created the transcontinental railroads, Western ranchers would have had no way to bring a product to market. And so on.

So the idea that Western ranchers are victims of government “tyranny” is nutty. I’m reminded of this scene from Monty Python’s Life of Brian, where a Judean revolutionary gets answers to his rhetorical question “What have the Romans ever done for us?”

OPB makes the connection between the proposal to return federal lands to the states and the probable result: privatization with no regard for hard-to-monetize values like the environment. Oregon is currently trying to sell the Elliott State Forest.

Legal and historical nonsense. Pacific Standard‘s Aaron Brady attributes the claims of “federal tyranny” in Harney County to “Libertarian Fairy Tales“.

In the beginning, there was the land. But like all virgin soil, it required entrepreneurial ranchers to settle it before it could produce value, and this was central to the myth: that nothing existed before the arrival of these free men. … For the Bundys, then, nothing really happened before the 1870s. They do not mention Spanish explorers in 1532, or French Canadian trappers, or the British occupation after the war of 1812, or Oregon statehood in the 1850s. Their story most definitely does not begin thousands of years ago, when the first people settled the region. They have no time for how the Army re-settled the northern Paiute in the Malheur Indian reservation in 1872—emptying Harney County for settlement by white people—nor how those same white settlers demanded (and got) the reservation dis-established in 1879 so they could have that land too.

And then there’s the simple craziness of the occupiers’ legal/political views. Right Wing Watch‘s Miranda Blue gives some of the background, relying on Daniel Levitas’ 2002 book The Terrorist Next Door. Levitas traces the militia ideology back to the teachings of white supremacist minister William Gale: The Constitution gives the federal government no power to manage lands inside the sovereign states. (To believe this, you have to ignore or rationalize your way around Article IV, Section 3: “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States”) And since the states have not stood against this federal usurpation, power reverts to the counties.

The county should be recognized as the seat of power for the people, and the sheriff is to be the “ONLY LEGAL LAW ENFORCEMENT OFFICER IN THE UNITED STATES OF AMERICA!” all healthy men between the ages of eighteen and forty-five who are not in the military could be mobilized into a posse comitatus to redress their grievances, Gale explained.

But of course, since the Harney County officials aren’t backing the occupiers, they’re not legitimate either. A “citizens grand jury” is being put together to press charges. The logic is circular: The occupiers will submit to legitimate authority, but any authority who tells them to stop what they’re doing is not legitimate.

Religion. The Bundys are Mormons, and many of the militiamen seem to have a strange interpretation of Mormonism. I know virtually nothing about Mormonism, mainstream or otherwise, so I’ll let OPB’s John Selpulvado explain.

Humor. The occupation has been fertile ground for comedy.

Perhaps my favorite is this Ken-Burns-like documentary clip.

Precedents and federal response. The government’s wait-and-see approach to the Malheur occupation contrasts sharply with the many shootings of unarmed blacks that Black Lives Matter has called attention to, and also to the violent ejections of Occupy Wall Street protesters from numerous encampments a few years ago.

At least two other incidents have been mentioned as precedents:

  • the MOVE bombing in Philadelphia in 1985, in which a militant black group was bombed by the police, killing 11 and setting 63 neighboring homes on fire.
  • the attempted occupation of a federal wildlife refuge in Georgia in 1979, by 40 descendants of black slaves and sharecroppers who had once worked the land. Those who refused to leave were forcibly removed within three days and charged with trespassing.

Those who sympathize with the militiamen talk about Waco and Ruby Ridge, two sieges that ended in bloodshed, and were cited as motivation for the Oklahoma City bombing a few years later. Even if you don’t sympathize, that history provides an argument for under-reacting to the current incident: Why incite bloodshed that could inspire further bloodshed down the line?

And of course there’s the Bundy stand-off of 2014, in which a similar gathering of armed militiamen kept the Bureau of Land Management from recovering unpaid grazing fees by impounding the cattle of Nevada rancher Cliven Bundy, father of Ammon Bundy, a leader of the Malheur occupation. Numerous crimes were committed in the course of the stand-off (it being illegal to threaten a federal agent by pointing a weapon at him or her), but so far none have been prosecuted.

The militiamen regard the 2014 incident as a victory, and seem to feel that Malheur continues their momentum. It’s not much of a stretch to believe that this incident arises from the lack of a forceful government response in Nevada.

What I hope for. The government has a narrow path to walk. I understand the desire not to fight a pitched battle and then wait for reprisals from the militia movement. On the other hand, if Bundy and his compatriots come out of Malheur feeling victorious, they’ll go on to try something else. There’s debate about whether it’s appropriate to use the word terrorist here, but some of the same logic applies: If a group is looking for a confrontation, it’s very hard not to give them one eventually.

If the U.S. government is not willing to enforce its laws against armed right-wingers, it starts to look a little like the Weimar Republic: Hitler was arrested for treason after his first attempt to take power, the Beer Hall Putsch of 1923. But he served less than a year in prison and was back out leading his party by the end of 1924. A German government that believed in itself enough to seriously punish insurrectionists might have saved the world a lot of trouble.

So I think it’s important that the outcome of this incident, however long it takes, not give the occupiers anything they can describe as victory. There should be no concessions about the Hammonds or local land use, and the militia leaders have to go jail. Just peaceably going home — or off to the next confrontation — is not enough.

I hope someone in the government is giving serious thought to how to make that happen without killing anybody. That will be a hard feat to pull off.

The Positive Republican Message, Annotated

After South Carolina Governor Nikki Haley gave the official Republican response to the State of the Union address, the media focused all its attention on the anti-Trump implications of her call to “resist [the] temptation” to “follow the angriest voices”, particularly where immigration was concerned.

But I was more interested in where she went from there: If the GOP is going to be more than just a megaphone for anger and fear, it needs to present a positive vision for America’s future. In other words, it needs to compete for the hope-and-change vote that Barack Obama monopolized in his 2008 landslide. So Haley laid out this hopeful program for the next Republican presidency, which I quote in full:

If we held the White House, taxes would be lower for working families, and we’d put the brakes on runaway spending and debt.

We would encourage American innovation and success instead of demonizing them, so our economy would truly soar and good jobs would be available across our country.

We would reform education so it worked best for students, parents, and teachers, not Washington bureaucrats and union bosses.

We would end a disastrous health care program, and replace it with reforms that lowered costs and actually let you keep your doctor.

We would respect differences in modern families, but we would also insist on respect for religious liberty as a cornerstone of our democracy.

We would recognize the importance of the separation of powers and honor the Constitution in its entirety. And yes, that includes the Second and Tenth Amendments.

We would make international agreements that were celebrated in Israel and protested in Iran, not the other way around.

And rather than just thanking our brave men and women in uniform, we would actually strengthen our military, so both our friends and our enemies would know that America seeks peace, but when we fight wars we win them.

Growth, jobs, education, better health insurance, liberty, the rule of law, stronger diplomacy, and seeking peace but winning wars when we’re forced to fight them — what’s not to like? That’s a far more attractive vision than the Great Wall of Mexico, or invading ISIS’ godforsaken desert, or bombing Iran, or watching a special police force round up and expel 11 million Hispanic immigrants.

My only argument with Haley (other than the issues she leaves out completely, like climate change, voting rights, the environment, racial justice, and so on) concerns the Republican policies that are supposed to produce these wonderful outcomes. And that’s why I think her litany needs some line-by-line annotation. Let’s start at the top:

If we held the White House, taxes would be lower for working families,

Maybe. But the tax cuts proposed by all Republican candidates focus their benefits on the rich. As was true of the Bush and Reagan tax cuts, anything working families get is just shiny wrapping on a package addressed to the wealthy.

Typically Republicans deny that their tax cuts will explode the deficit, but they always do, and then the next step is to seek cuts in programs working families count on, like Social Security and Medicare. (That small tax cut you get will be eaten up pretty quickly if you have to support your aging parents.) The following chart is from 2012, so the right side is a little out of date, but the general point is still valid.

No party could openly propose: “Let’s slash rich people’s taxes and make up the difference by cutting Social Security and Medicare.” But that is the Republican agenda. They will pass it by breaking it in two: First pass huge tax cuts that mainly benefit the rich, and then treat the resulting deficit as an emergency no one could have foreseen. Working people will have to “sacrifice” their Social Security and Medicare benefits to deal with the “emergency” created by the tax cuts.

and we’d put the brakes on runaway spending

As this chart from the libertarian Cato Institute shows, federal spending has been fairly level during the Obama administration, after increasing sharply under Bush.

and debt.

Republican candidates do propose cutting spending on things like food stamps, but after accounting for increased defense spending, the net spending cut is typically far smaller than the tax cut. So the deficit is likely to jump sharply during a Republican administration (after falling under Obama), as it did when Reagan and Bush cut taxes.

We would encourage American innovation and success instead of demonizing them,

Listening to Haley, you might imagine Democrats spouting absurdities like, “Damn that iPhone!” or “What good is this Internet fad anyway?” — which we never do. Her statement only contacts reality after you realize that innovation and success is a euphemism for billionaires. Democrats haven’t “demonized” billionaires, but we have been (correctly) pointing out that billionaires soak up just about all of America’s economic growth, leaving little for anyone else.

so our economy would truly soar and good jobs would be available across our country.

The theory that making the rich richer will produce growth and good jobs for everyone is known as trickle-down economics. In the history of humankind it has never worked, for a simple reason: When the poor and middle class have more money, they buy things that somebody needs to produce, creating new jobs and industries. But when the rich have more money, they bid up the prices of limited goods like stocks, Van Gogh paintings, and beachfront property, inflating speculative bubbles that eventually pop and damage the economy the rest of us depend on.

We would reform education so it worked best for students, parents, and teachers, not Washington bureaucrats and union bosses.

No one has gone after teachers’ unions harder than Gov. Scott Walker of Wisconsin. The benefits of this to students and parents are virtually invisible, and teachers are undeniably worse off. Sam Brownback’s Kansas exemplifies another Republican approach to education: When his tax cuts for the wealthy didn’t produce the economic boom he promised (because trickle-down economics doesn’t work), he made up the deficit by cutting money for public schools.

But Republican education reform would definitely benefit one group: corporations who want a bigger chunk of the education market.

We would end a disastrous health care program, and replace it with reforms that lowered costs and actually let you keep your doctor.

The “disaster” of ObamaCare continues to exist mainly in the conservative fantasy world. In reality, the percentage of American adults without health insurance has dropped from 16% when Obama took office to under 9% today, is still dropping, and would have dropped much more if Republican governors hadn’t refused to expand Medicaid. Predictions that ObamaCare would “kill jobs” have not proven out.

The Republican replacement for ObamaCare is also a fantasy. Six years after the Affordable Care Act became law, Republicans have still not agreed on an alternative, and no GOP presidential candidate has anything more than the barest sketch of a plan. Any claims about what such “reform” would do are meaningless until enough details get specified that outside experts can analyze the program’s costs and individual families can tell whether or not they’re covered. Those details are still a long way off, and may never arrive.

We would respect differences in modern families,

Would they? I think the vagueness of this claim speaks for itself. No Republican candidate will openly say, “I respect gay or lesbian couples who get married and raise children” or “I respect transgender Americans.” Large parts of the Republican base would be offended if a candidate said, “I respect blacks and whites intermarrying.”

but we would also insist on respect for religious liberty as a cornerstone of our democracy.

Americans’ freedom to worship the deity of their choice has not changed during the Obama years. But in conservative rhetoric, religious liberty has expanded well beyond any previous meaning, to become code for conservative Christians controlling the behavior of others. No one has been able to explain how this expanded religious liberty can be granted to non-Christians, particularly atheists or Muslims, so the Constitution’s guarantee of “the equal protection of the laws” is out the window.

We would recognize the importance of the separation of powers and honor the Constitution in its entirety. And yes, that includes the Second and Tenth Amendments.

But what about the 14th Amendment? After Republican-appointed Supreme Court justices undo the recent decision legalizing same-sex marriage — as numerous candidates have promised — how will gays and lesbians receive the equal protection of the marriage laws? And conservative legal arguments against birthright citizenship — another guarantee of the plain language of the 14th Amendment — are far more convoluted than any alleged “judicial activism” of liberal judges.

It has also become common for Republicans to get misty-eyed talking about the sacred writ of the Constitution, and then demand drastic changes with their next breath.

We would make international agreements that were celebrated in Israel and protested in Iran, not the other way around.

When President Obama and Secretary Clinton got the world to agree to harsh sanctions on Iran — which forced them to bargain seriously about their nuclear program for the first time — I doubt the Iranians celebrated. And I can’t help wondering: who would these agreements Haley is talking about be with? Actual agreements require compromise. If you want to dictate terms to other countries, you have to defeat them in war first. Is that the plan?

And rather than just thanking our brave men and women in uniform, we would actually strengthen our military,

Actually she means instead of thanking our brave men and women in uniform. Republicans are good at starting wars, but not so good at taking care of the people who fight them.

so both our friends and our enemies would know that America seeks peace, but when we fight wars we win them.

The last Republican administration started two wars and won neither of them. And yet, the last eight years have seen no Republican soul-searching or new approaches to foreign policy. (The exception is Rand Paul, who has barely any support.) If a Republican wins the presidency in November, expect to see the Pentagon and State Department led by the same people who invaded Iraq and had no plan for what to do next.

In short, I would love to see the eventual Republican nominee run on a positive vision for America rather than on anger and fear. But it would be even more wonderful if the candidate offered proposals that stood some chance of achieving that vision. That’s something neither Haley nor any other Republican has yet attempted.