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Sitting With the Weirdness

If you want to learn something from this election,
don’t be too quick to explain it.


Every election is followed by a spate of what-it-all-means commentary, and usually what it means is that the commentator was right from the beginning: I saw this coming. I warned everybody. If people had just listened to me it all would have turned out better.

So I want to start this post out by saying clearly that I did not see this coming, I did not warn everybody, and I’m still not sure what we all could have done better. I think a lot of genuinely weird things happened in this election, and I don’t want to explain them away too quickly. Instead, I want to sit with the weirdness for a while and see if there’s something to learn.

Because I don’t have a this-explains-everything interpretation of this election, I’m going to wander a bit. So let me start with a quick list of the surprises I want to think about:

  • Donald Trump is not as unpopular as I thought, or as I think he ought to be.
  • The highest-turnout election in living memory did not result in a Democratic landslide.
  • Polling still had the problems that pollsters thought they had fixed since 2016.

Trump should be unpopular. My view coming in to this election was that Trump’s 2016 win was a fluke: He faced an unpopular opponent in a low-turnout election during a news cycle that was breaking against her. He got only 46% of the vote, but it was perfectly distributed to give him an Electoral College win, despite losing the popular vote by 2.8 million.

Since taking office, it seemed to me that he had done nothing to appeal to the 54% who hadn’t voted for him, and several things to alienate some of the 46% who had. His job-approval had stayed consistently low, though it never reached the depths that Richard Nixon or George W. Bush hit by the end of their presidencies.

The Trump administration has been marked by incidents and practices sharply at variance with what I saw as traditional American values: taking children away from parents who committed no crime other than coming to our border legally seeking asylum; siding with a hostile foreign dictator against our own intelligence services; lumping Nazi and anti-Nazi demonstrators together, even after the right-wingers killed someone; demanding that the attorney general arrest his political opponents, while protecting his own henchmen from the legal consequences of their actions; abusing his power to extort a personal political favor from Ukraine; showing zero empathy as nearly a quarter million Americans died of the pandemic.

His administration has been a failure not just by my standards, but by its own. Not much of his wall has been built, it’s costing more than he said it would, and Mexico has not paid a dime of it. ObamaCare has not been repealed or replaced; despite repeated promises, no replacement plan has even been announced. America’s international prestige has plummeted. Even before the pandemic, economic growth chugged along at the Obama-era pace, with no acceleration. Fewer people have jobs now than when he took office. GDP is at the same level as 2018. The trade deficit has gone up. The budget deficit Trump inherited from Obama had nearly doubled before the pandemic, and the 2020 deficit by itself is larger than the total deficit from Obama’s second term.

Trump had a disastrous performance in the first debate, and in general ran a terrible campaign. He never presented a second-term vision, to the point of not even bothering to produce a 2020 GOP platform. He mismanaged money, and wound up getting outspent down the stretch. His Hunter Biden conspiracy theories never got traction.

Going into the election, the news cycle was breaking against him. The third Covid wave was hitting, and his plan for dealing with it was for us all to go back to normal life, as if thousands of Americans weren’t dying week after week with no end in sight. Worse, he was going around the country actively spreading the disease by drawing his supporters together for big maskless rallies.

So the polls that showed him down by double digits seemed very credible to me. Sure, some of the people who supported him in 2016 will never admit they were wrong, but given all that has happened, why wouldn’t he lose in a historic rout?

Well, he didn’t.

Trump didn’t just increase his vote total (from 63 million to 71 million counted so far) he got more votes than Barack Obama did in his 2008 landslide. Wednesday, Ben Rhodes put his finger on something important:

I think Biden will win. I also think the problem in this election is not the polling industry getting it wrong, it’s the fact that this many Americans took a hard look at Trump and determined “yeah, I want four more years of that”

This is one of the mysteries I still need to wrap my head around. Trump attracted millions of millions of voters who didn’t vote for him in 2016. If you consider the number of votes still uncounted and how many of his older voters have died since 2016, he probably got 10 million or more new votes.

What did they see? What are they thinking?

I had hoped for a result that killed Trumpism forever. Instead, Republicans can attribute their loss to bad luck: If only the pandemic had waited until 2021 to show up, Trump might be set up for a second term.

Who killed the Blue Wave? Don’t get me wrong. Biden did fine. If you had promised me during the primaries that some Democratic candidate could hold all the Clinton states, win back Michigan, Wisconsin, and Pennsylvania, and add Arizona and Georgia, I’d have been been happy to see that person get the nomination. Biden got an outright majority of the popular vote, has a 4.4 million vote margin so far, and (with so much of California and New York still to be totaled) his ultimate margin is likely to be in the 5-6 million range. The turnout was historically high, so his vote total is the largest ever recorded.

But the October polls had me hoping for more: For Florida, North Carolina, and maybe Texas or Ohio. For a 10-point win that would demonstrate to Republicans that Trumpism is a dead end, and send them looking for a new paradigm. No Trump 2024. No passing the torch to Don Jr. or Jared or Ivanka. No Trump 2.0 like Tom Cotton or Tucker Carlson.

The polls had me hoping for a Senate majority that even had a little slack, so that we could fix the structural problems with our democracy: end the filibuster, admit D.C. and Puerto Rico as states, pass voting rights legislation, end gerrymandering, and perhaps even add justices to the Supreme Court.

Now, none of that is going to happen.

The final polls had a Biden margin of around 8%, and that gap had not been particularly volatile. Instead, Biden is winning by about 3% nationwide. In Wisconsin, where he had an 8.3% polling lead, he won by less than 1%. He had a 2.5% polling lead in Florida, and lost by 3.4%. (On the other hand, polls accurately predicted narrow Biden wins in Georgia and Arizona.)

In spite of efforts to fix the polling mistakes of 2016, the error in Trump’s favor grew, and showed up in precisely the same places.

I think we need to resist the temptation to read this as some kind of Biden failure or Democratic failure. The hoped-for Blue Wave didn’t collapse, it was never really there. Looking backwards, I think we have to reevaluate everything we thought we knew about public opinion. Those four years of Trump’s low approval ratings — why should we trust them? Maybe Trump was never as unpopular as we thought.

Ditto for those polls about the popularity of Medicare for All or any other policy. Why should we believe them?

I think Democrats need to resist the urge to point fingers at each other. Centrist and Progressive Democrats are like heirs who discover Grandpa’s estate isn’t nearly as big as they expected. The problem isn’t that one or the other of them took the money, it’s that the old guy wasn’t as rich as he appeared to be.

Sit with the weirdness, progressive version. My social-media universe skews left, so I’m seeing a lot of articles claiming that a candidate with a more progressive message would have done better than Biden. I’m skeptical. The post-2016 version of that argument was that Hillary’s centrist message failed to inspire the turnout Democrats needed to win. This year we got the big turnout, just not the landslide that was supposed to go with it. And I’m not buying that Medicare-for-All supporters showed up at the polls and voted for Trump because Biden would only propose adding a public option to ObamaCare.

I’m still waiting for progressive versions of Doug Jones and Joe Manchin and Claire McCaskill: candidates who have won elections in places where Democrats aren’t supposed to win. If the progressive theory of the electorate is true, such examples should be everywhere, but they’re not.

And I’m not satisfied with conspiracy theories about the DNC. The RNC didn’t like Trump either. But he turned out voters, so they had to accept him.

Progressives have proved that they can raise money, so lack of support from the big donors is not the problem either. If they can run candidates in purple-to-red districts and win, the Establishment will take notice. But if they can’t, it won’t.

Sit with the weirdness, centrist version. One big failure of this election was that Biden’s Republican endorsements didn’t turn into any sizeable number of Republican votes. I loved all those Lincoln Project ads, but who did they convince?

The biggest loser of this cycle is the old GOP Establishment. The huge Trump turnout indicates that there is no appetite for a Jeb Bush comeback, and no buyer’s remorse over Trump. If Trump is healthy and still not in jail in 2024, he’ll be on the ballot again. (My politically savvy nephew predicts that Don Jr. will be his VP. You heard it here first.)

In short, there is no pool of disaffected Republicans waiting for a conservative-enough Democrat to win them over. The 20th-century notion of a bell-curve electorate, which can be captured by shifting left or right to chase the peak, really seems obsolete. I don’t know what replaces it.

Just as I’m skeptical of Bernie-would-have-won-bigger articles, I’m also skeptical of articles that villainize progressives. Jill Stein and Bernie-or-Bust were just not a thing this year. Progressives came through for a candidate who wasn’t their first choice; they deserve some gratitude.

In short, the two wings of the Democratic Party both need to sit with the weirdness of these results, rather than repeat the same points they made in the primaries.

The problem with polling. The upshot of these persistent polling errors is that some segment of the population appears to be unpollable. We can’t know where they are or what they think until they show up to vote.

The assumption at the root of all polling is that you can assemble representative samples. If you ask 1500 people what they think, the differences between those people and everybody else are supposed to be random. 1500 other people might not give you exactly the same results, but the outcomes from different samples should follow the laws of statistics.

And so, if your sample doesn’t include enough Hispanics or non-college whites or people named Fred, you can adjust the weighting of that subsample. The Freds who responded, you assume, are like the Freds who didn’t; you just didn’t happen to find enough of them.

Instead, it appears that people who respond to polls are different from people who don’t. You can’t fix that with statistical weighting.

I think I know where this is going, and I don’t like it: If the issue that makes your polling sample unrepresentative is consent — consenting voters are fundamentally different than non-consenting voters — then you need to stop asking for consent. Rather than calling people up and saying, “I’m from Gallup, would you like to answer my questions?” you root through the involuntary data trove of Google or Twitter until you are confident you know how your chosen person will vote. Maybe Facebook plants stories in people’s news streams to see who likes them or comments on them, or maybe it does network analysis on Friend lists. Proprietary algorithms chug through that data until they spit out an accurate — but completely opaque — prediction of the vote.

Trending Terms

Schadenfreude was our top lookup on October 2nd, by a very considerable margin, following President Trump’s announcement that he and the First Lady had tested positive for COVID-19.

Merriam-Webster

This week’s featured posts are “Schadenfreude, and seven other reactions to Trump’s illness” and “About Those Taxes“.

This week everybody was talking about Trump getting covid

That gets covered in one of the featured posts.

and that horrible debate

I feel like it’s my responsibility to watch things like this, or review the video later, or at least read the transcript. But in fact, I have done none of those things. The next morning (Wednesday), I watched the first ten minutes, plus the clips the media wanted to show me, and decided that life is too short.

In early September, Politico did an article on Trump’s debate strategy, and it rings pretty true: The point of all the interruptions and other antics was to provoke Biden into an embarrassing stuttering incident. It didn’t work. However, it did hide the fact that Biden has plans for his administration and Trump doesn’t.

A post-debate Politico article “Trump Is Not the Man He Used to Be” compares this debate performance to his 2016 debates, particularly the one with Hillary Clinton right after the Access Hollywood tape threatened to derail his entire candidacy.

With his back to the wall, facing scrutiny like no presidential hopeful in memory, Trump turned in his strongest stage performance of 2016. He was forceful but controlled. He was steady, unflappable, almost carefree. Even his most noxious lines, such as suggesting that Clinton belonged in jail, were delivered with a smooth cadence and a cool smirk, as if he knew a secret that others didn’t.

On substance, I thought he lost that 2016 debate, as he lost all the Clinton debates. But he restored an image that just enough voters found appealing: the mischievous boy thumbing his nose at authorities and all their stupid rules. The supposed “gaffes” of 2016 — calling Mexican immigrants “rapists”, refusing to be impressed by John McCain’s war-hero status, mocking a reporter’s disability, telling his supporters to “knock the hell” out of protesters at his rallies, and so on — were delivered with an air of “look what I can get away with”.

A certain kind of voter, particularly the white male non-college voter Trump was hoping to turn out, loved that. (Rush Limbaugh appeals in the same way, for example, when he tries to see how close he can come to saying the N-word on the radio.) To them, it was fun. While Trump was often compared to a bull in a china shop, his base saw something equally destructive but much more humorous, like the Blues Brothers driving a stolen police car through a shopping mall, leaving a trail of broken glass and crushed mannequins. Sure, it’s wrong and would make a lot of people mad, but wouldn’t you love to get away with something like that?

It might be hard to remember through the fog of these past four years, but the animating sentiment for Trump during his first run for the presidency wasn’t hatred or division. It was fun. He was having the time of his life. Nothing Trump had ever experienced had showered him with so much attention, so much adulation, so much controversy and coverage. He loved every moment of it.

But that look-at-me-I’m-a-bad-boy attitude was completely absent from the Biden debate. He seemed more like the bad boy who gets caught and then whines about his punishment.

The president wasn’t enjoying himself last night. … There was no mischievous glint in his eye, no mirthful vibrancy in his demeanor. He looked exhausted. He sounded ornery. Gone was the swagger, the detached smirk, that reflected bottomless wells of confidence and conviction. Though described by Tucker Carlson in Fox News’ pregame show as an “instinctive predator,” Trump behaved like cornered prey—fearful, desperate, trapped by his own shortcomings and the circumstances that exposed them. He was a shell of his former dominant self. … Watching the president on Tuesday night felt like watching someone losing his religion. Trump could not overpower Biden or Wallace any more than he could overpower Covid-19 or the cascading job losses or the turmoil engulfing American cities. For the first time in his presidency, Trump appeared to recognize that he had been overtaken by events.


You might think denouncing violent white supremacists would be an easy call for any American politician, but Trump couldn’t get it done during the debate. Prodded by Chris Wallace to ask the Proud Boys to “stand down”, Trump instead asked them to “stand back and stand by” because “somebody has to do something about Antifa and the left”.

After considerable pearl-clutching (but no sharp criticism) from Republican senators, Trump backed off, sort of. In his last interview before announcing his Covid infection, Trump told Sean Hannity:

Let me be clear again: I condemn the KKK. I condemn all white supremacists. I condemn the Proud Boys. I don’t know much about the Proud Boys, almost nothing, but I condemn that.

Let’s parse all this a little. Antifa is largely a right-wing myth. (We’ll discuss below the possibility that something else is going on.) As FBI Director Christopher Wray has explained: “It’s not a group or an organization. It’s a movement or an ideology.” Even if somebody needs to “do something” about Antifa (and I suspect nobody does), that “somebody” should be local law enforcement, not armed gangs of right-wing vigilantes.

But let’s say Trump really didn’t know anything about the Proud Boys Tuesday night, and still knew “almost nothing” about them after two days of controversy. Then why was he giving them instructions on national TV?

and the Barrett nomination

How many senators can the GOP lose to quarantine and still get Barrett on the Court before the election?

So far, three senators — Ron Johnson, Mike Lee, and Thom Tillis — have tested positive. Two of them — Lee and Tillis — are on the Judiciary Committee that needs to hold hearings on Barrett. Two others — Ted Cruz and Ben Sasse — are self-quarantining.

The first obstacle for Republicans may be the committee vote, tentatively planned for Oct. 22.

To report out a nomination, a majority of the 22-member committee will need to be present, and Democratic senators will not help Republicans make quorum, aides said Sunday. Although proxy voting is allowed in the Judiciary Committee, it works only when there is a quorum present and the proxy votes don’t change the outcome of the vote, according to committee officials.

I am sure we will see many procedural maneuvers between now and November 3, and I don’t want to predict how they will play out.

but let’s think about undecided voters

Several people this week have asked me some version of: “After everything we’ve seen these last four years, how can anybody be undecided in this election?”

Given my advanced case of male answer syndrome, of course I have a theory: I picture two kinds of undecided voters: the apathetic and the torn.

To understand apathetic voters, think about some level of government you don’t usually pay attention to. For example, maybe you don’t have kids, and school board elections go by without you noticing. Or maybe you just moved to a new town, and haven’t found a reason yet to care about who your alderman is.

Probably you hear something about these elections, but it just goes in one ear and out the other. You know some of your neighbors care, but to you it just sounds like a bunch annoying people yelling at each other.

That’s how apathetic voters are about national politics, and the media’s both-sides-do-it narrative feeds their inclination to stay ignorant. “Some people love Trump, and some people hate him, but they’re all crazy and I steer clear of them.”

if these people do end up voting, it’s a last-minute decision. The night before or the morning of Election Day, they’ll look up some issue they care about on the internet, or talk to some friend they think is well informed, and that’s how they’ll make up their minds. They’re highly vulnerable to misinformation, so they’re largely who the Russians target with their social-media bots. But I think Biden does have a persuasive last-minute message to offer them: “Given the 200,000 dead of coronavirus, the restrictions on what the rest of us can safely do, the high unemployment, the enormous budget deficit, and the growing racial tensions in our country, do you think America is better off than it was four years ago? Has Trump kept his promise to make us ‘great again’, or should somebody else get a chance to lead us?”

Torn voters are fighting an internal battle. Some part of them has an irrational attraction to or repulsion from one of the candidates, but they don’t know how to justify giving in to that urge. (I irrationally wanted to vote for John McCain in both the 2000 and 2008 New Hampshire primaries. In 2000 I did.)

I believe torn voters were the key to Trump’s 2016 victory. They knew Hillary Clinton would be the better president, but they didn’t like her, and wouldn’t it be a hoot to have that other guy? And since he wasn’t going to win anyway, what harm would it do to vote for him? The Crooked Hillary meme and the last-minute Comey announcement about her emails gave them the permission they needed, and so the Undecideds all broke to Trump at the last minute.

This year, I think a lot of the undecided are Trump’s 2016 voters who now are torn. They know he’s a bad president, but they don’t want to admit they were wrong. I think a lot of them will break to Biden at the last minute, largely because of the point made in the Politico article I quoted above: Trump isn’t fun any more. On Election Day, the thought “All this bullshit could just be over” will ripple through the electorate.

and you also might be interested in …

Three big-name constitutional lawyers — Neil Buchanan, Michael Dorf, and Lawrence Tribe — debunk some of the scarier scenarios for the election.

Without getting into the legal weeds, the bottom line is that there is no way to throw the election into the House — where the Republicans would win if they could hold their current 26-24 advantage in state delegations — without either a 269-269 tie or a third candidate getting electoral votes. If some votes are thrown out, the candidate with the most electoral votes still wins, even if the total falls below 270.


Texas Governor Gregg Abbott engaged in some serious voter suppression this week: He limited each county to one mail-in-ballot dropbox.

Mail-in ballots, of course, are designed to be mailed. But if you aren’t confident in the mail delivering your ballot on time — say, because Trump is intentionally sabotaging the Post Office — you might set your mind at ease by taking your ballot to a dropbox that election officials will open themselves.

Except in Texas, apparently.

The rule affects mainly a few populous counties, including Harris, home of Houston, which had set up twelve collection spots for its 2.4 million registered voters.

The highly populated counties are exactly the ones where Democrats need a big turnout. Abbott claimed his order will “help stop attempts at illegal voting”, without presenting any evidence that illegal voting is a problem. But the move is certain to reduce attempts at legal voting, if courts let it stand.


Another underhanded scheme comes from Michigan, where two Republican operatives face charges in a robocall campaign to scare people out of voting by mail.

The calls told the recipients falsely that voting by mail would put their information in databases used for arrest warrants, debt collection and “mandatory vaccines.” … According to Thursday’s announcement, the robocalls went out to nearly 12,000 residents in Detroit. Attorneys general offices in New York, Pennsylvania, Ohio and Illinois also told [Michigan Attorney General Dana] Nessel that there were similar calls in their states, Nessel’s announcement said.


If Covid forces Bill Stepien to step down as Trump campaign chair, would you want to replace him, given what’s happened to your predecessors? Paul Manafort is serving a prison term (at home, due to Covid), Steve Bannon is under indictment, Brad Pascale is in the middle of some kind of personal crisis that has seen him arrested and hospitalized, and now Bill Stepien has Covid. Corey Lewandowski is the lucky one, so far: the misdemeanor battery charge against him was dropped.


I hadn’t been taking seriously the possibility that Iowa Senator Joni Ernst could lose, but apparently I should: A recent poll has her down 51%-39%.


The NYT’s Farah Stockman drew attention to a fairly obscure blog Public Report by Santa Monica photographer Jeremy Lee Quinn. Quinn has been studying anarchist groups that have been trying to turn Black Lives Matter protests into riots.

Mr. Quinn began studying footage of looting from around the country and saw the same black outfits and, in some cases, the same masks. He decided to go to a protest dressed like that himself, to figure out what was really going on. He expected to find white supremacists who wanted to help re-elect President Trump by stoking fear of Black people. What he discovered instead were true believers in “insurrectionary anarchism.”

These folks appear to be the root of what Trumpists call “Antifa”, but really they are something different. Quinn offers this Venn diagram., and writes: “Anarchist action is distinct from Antifacist action in which counter-demonstrators clash with the right wing to actively counterprotest their rallies”

I hope to have time to examine this better in coming weeks.

and let’s close with something weird

Weird Al Yankovich turned the presidential debate into a song with a catchy title: “We’re All Doomed“.

About Those Taxes

Bad as it is, what we know so far about Trump’s taxes may not be the worst of it.


One persistent problem of 2020 is that it’s hard to hold an issue in your mind for any length of time. The New York Times revealed Trump’s taxes just a little over a week ago, and since then two other big stories — the debate disaster and the White House coronavirus outbreak — have all but washed the tax issues out of the news. I think they deserve a little more attention than that.

Narratively, the problem with the tax story is that it’s a bunch of smaller stories, none of which encompasses the whole thing. It’s certainly about tax avoidance, maybe legal and maybe not. But it also could be about laundering money for people we can’t identify.

$750. The headlines that came out of the original NYT article were how little Trump has paid in taxes: $750 in each of 2016 and 2017, and nothing at all in many other years. And that certainly is scandalous, whether or not it turns out to be legal. I pay considerably more than that every year, and probably you do too. Nobody thinks Joe Biden is a billionaire, but he paid $299,346 in 2019.

Trump famously said “that makes me smart” when Hillary Clinton accused him of not paying his fair share of taxes in 2016. But that’s the same kind of “smart” that got him excused from Vietnam with bone spurs — unlike the “suckers” and “losers” who died for their country. It’s similarly “smart” to stiff your contractors, trade in your wives when they start to age, hire illegal immigrants to tend your golf courses, create a phony university and a phony foundation, and do a lot of the other things that have kept Trump safe and rich and feeling pleased with himself.

But I don’t think most Americans want to be led by someone with those kinds of smarts. Trusting “smart” people like Trump will usually get you outsmarted eventually. Someday, it will be smart to screw you the way he has screwed everybody else.

The bad businessman. The other headline from the NYT article was that many of Trump’s most famous properties are money-losers, and always have been.

The second article in the NYT series (the newspaper claims more are coming) showed how the windfall of income related to his TV show “The Apprentice” bailed him out of the financial difficulties created by his other business failures. In other words: His ability to play a successful businessman on TV covered up the fact that he actually isn’t one.

He sold his image in a variety of ways, many of which were harmful to the people who trusted him. The NYT finds he was paid $8.8 million to promote ACN, a multi-level marketing company that promoted what were essentially pyramid schemes.

The NYT paints a picture of a man who gets big windfalls (the first one being at least $400 million from his father), and then proceeds to fritter them away.

Debt. Trump owns a lot of assets and has taken out a lot of loans against them. The NYT estimates that about $400 million of loans come due in the next four years. We know some of the lenders (Deutsche Bank), but not all of them.

Nothing Trump is doing as a businessman is generating much cash. So during his prospective second term, he will either need to get new loans or sell assets. The security vulnerabilities here are obvious: If he gets loans or finds buyers, particularly from abroad, we will never know whether there is a bribe hidden somewhere in that money.

Ivanka? One way Trump lowered his taxes was to claim millions in “consulting fees” as business expenses. In at least some of those cases, it looks like he was funneling money to his kids, who shouldn’t be getting consulting fees from businesses that also list them as employees.

This resembles an apparently illegal scheme that Trump’s father used to funnel money to him.

The Times traces about $750K that went to Ivanka via this path. But CNN speculates about the other $25 million in consulting fees:

So we don’t know who received the other $25-ish million that Trump wrote off to “consulting fees” during that time. (Worth noting: The Times reports that Trump wrote off roughly 20% of all income he made on projects over that time to “consulting fees.”) Given the apparent payment to Ivanka Trump revealed by the Times, however, it’s not terribly far-fetched to wonder whether all (or much) of those “consulting fees” went through a similar process: Paid to one of Trump’s offspring who were serving as both managers of these operations for the Trump Organization and as consultants to the projects as well.

Money laundering? The most serious accusation is speculative, but the speculation explains transactions that are otherwise mysterious. A tweetstorm by author Adam Davidson delves into one Trump property (his golf course in Scotland) in detail, and finds some strange bookkeeping.

The thing everyone reports is the losses–the shareholder (Trump) has lost more than £7M. But the interesting stuff is the fixed asset value and the creditors — over one year. Trump is all of them: he owns the asset, lends the money, owes the money, is owed the money. …

There’s much more to say–each line here is fascinating. But the overall picture is crystal clear: Every year, Trump lends millions to himself, spends all that money on something, and claims the asset is worth all the money he spent.

He cannot have spent all that money on the properties. We have the planning docs. We know how much he spent — it’s far less than what he claims. The money truly disappears. It goes from one pocket to another pocket and then the pocket is opened to reveal nothing is there.

… These financials are clear: this is not a golf business, it’s a money disappearing business.

… If this is a money disappearing business and it is not only tax fraud, then he is making money disappear for somebody else and charging some sort of fee. Which might explain why a money-losing golf course pays huge fees to its owner.

Two obvious questions:

  • What would happen if Trump’s other money-losing properties came under similar scrutiny?
  • Didn’t the Mueller investigation look into all this?

The answer to the first is that we don’t know. And the answer to the second, we now know, is no. Mueller did not follow the money.

Trump had also done lots of business with Deutsche Bank, and although Mueller issued his subpoenas secretly, word somehow leaked to 1600 Pennsylvania Avenue. When the White House asked Mueller’s team what they were examining, Mueller responded that Manafort, not Trump, was the target.

“At that point, any financial investigation of Trump was put on hold,” writes Andrew Weissmann, a veteran federal prosecutor who played a senior role in Mueller’s investigation, in a new book. “That is, we backed down — the issue was simply too incendiary; the risk, too severe.

Schadenfreude, and seven other reactions to Trump’s illness

Of all the things I hold against Trump, this is the one I will have the hardest time forgiving: He has made me realize how spiteful I can be.


Schadenfreude and karmic justice. I wish I could report that when I heard about Trump testing positive for the coronavirus, I felt a wave of human compassion. Because politics is one thing and life is another, and we’ve got to hang on to our humanity.

But what I actually thought was: “Maybe there really is a just God.” It wasn’t exactly schadenfreude, which would be more like “I’m glad that bastard is suffering.” (Coincidentally, Merriam-Webster reported a 305-times increase in the number of searches for schadenfreude on October 2.) But it’s close: Hearing about his diagnosis made the Universe seem like a safer, saner place.

This is the kind of thing a good person would never say about another human being, but (in both a karmic and a practical sense) nobody had this coming like Trump. Practically, he has been ignoring precautions, running around the country maskless, not enforcing sound workplace hygiene practices at the White House (which The Atlantic’s Peter Nicholas presciently described as “a petri dish” in August), and doing everything he could to discourage others from taking precautions (like berating a White House reporter for wearing a mask to a briefing).

Karmically, nobody — or at least no American — bears more responsibility for the spread of Covid-19 than he does. He consistently pressures state and local governments to relax their health restrictions too soon, encourages his followers to flout mask mandates, pushes the CDC to relax its guidelines, advocates for less testing, pushes misinformation about the virus, promotes quack “cures”, and even travels around the country holding super-spreader events, one of which seems to have gotten Herman Cain killed (just to put a face on a larger phenomenon).

How many of America’s 214K-and-counting coronavirus deaths are Trump’s fault? It’s impossible to say precisely, but here’s how I think about it: Culturally and economically, the country that best resembles the US is Canada. Canada currently has 251 Covid deaths per 100K people. The US has 647. If our government could have handled the virus as well as Canada’s, and kept our deaths-per-100K down to 251K, we’d have only 39% of the deaths we currently have, or 83K rather than 214K.

That calculation would say that about 131K American deaths are on Trump. That’s about 33,000 Benghazis or 44 9-11s. If you make Germany or Australia the reference country, the number gets even bigger. If you use Japan, practically all the deaths are his fault.

So, am I rooting for him to suffer and die? No. But a Universe where he skates along unaffected by the damage he causes just feels wrong to me.

BTW, if you find yourself feeling guilty about your own lack of sympathy for Trump, take a look at how he responded during the 2016 campaign when Hillary came down with pneumonia.

The philosopher Aaron James has defined a technical term to describe people who want to claim the benefits of rules governing politeness and propriety, while always holding themselves exempt from the duties, inconveniences, and sacrifices those rules impose: They are assholes.

Is he really sick? On Friday, just about everybody I talked to was asking this question, and wondering if the Covid thing was a play for sympathy or an excuse for ducking the rest of the debates or a way to divert attention from his taxes or keep Biden out of the headlines. It’s crazy that we even have to consider the possibility of a presidential health hoax, but we do. Trump has lied about everything else, so why not this?

In general, though, I don’t believe in big conspiracies, and the longer this goes on, the more people would have to be in on it. So by now I’m pretty sure that he really is sick.

But even Friday morning the hoax explanation seemed unlikely, because catching Covid undermines so many things Trump has been working to accomplish. For months, he’s been trying to induce voters to think about anything else. He’s been telling his rallies that the pandemic is fading. Plus, he wants to present an image of larger-that-life strength. Trump aims to inspire awe and love in his supporters, and hate and fear in his enemies. People like me wondering if we ought to feel sorry for him is the last thing he wants.

His scandalous response. It’s not a scandal that Trump caught the virus, but what he did next is: After he knew he had been exposed, he continued to meet people who were not warned about the risk. (What the Wall Street Journal is reporting is even more damning: He had already seen a positive test before phone interview with Sean Hannity Thursday evening, but pretended he hadn’t.)

There’s been a lot of controversy about the timeline, but we do know this much: Hope Hicks was diagnosed Wednesday, so by Thursday afternoon Trump knew that he (and probably a lot of his staff) had been exposed and might be carrying the infection; his positive test was announced several hours later. Nonetheless, he went to a fund-raiser at his club in New Jersey and schmoozed with his donors. He traveled there with his staff on Marine One, a close-quarter helicopter without proper ventilation.

The fund-raiser included a round-table photo op with 18 quarter-million-dollar donors, few (or perhaps none) of whom were wearing masks. A larger photo op was held for mere $50K donors, and there was an outdoor event for the low-rollers who may have only given a few thousand. In all, we’re talking about hundreds of people. They aren’t his enemies; they’re the people he’s depending on to get him a second term.

Friday, the campaign emailed attendees to tell them about Trump’s positive test. The email did not recommend that they quarantine or get tested themselves, but merely said they should contact their doctors if they developed symptoms.

If you ever need an example to back up the point that Trump cares about no one but himself, here it is. He doesn’t even care about his staff, or the people who give big donations to his campaign.

And if you need an example to make the case that Trump is typical of an entire generation of conservative assholes, use Senator Ron Johnson of Wisconsin. Friday, he went to a fund-raiser after he had a positive test.

What if he can’t go on? One question on everybody’s mind: What happens if illness causes Trump to withdraw or die? The Washington Post has it covered:

The bottom line is that the RNC would determine who the replacement candidate would be, should it come to that unfortunate situation. And Republican slates of electors in states the president won, because he remains on the ballot, would very likely follow the RNC’s recommendation.

But one last possibility to ponder: If the RNC were deeply divided, and Republican electors then did not coalesce around a single replacement candidate, there might not be a majority winner in the electoral college. In that case, the House would choose the president from among the top three vote getters in the electoral college. In that process, each state delegation gets one vote.

The Atlantic surveys the same ground with more emphasis on the chaotic scenarios. That article also reveals history I didn’t know: Presidential candidate Horace Greeley died between the 1872 election and the date when electors cast their ballots, and VP candidate James Sherman died before election day in 1912. Both were on losing tickets, so the course of the nation didn’t hinge on how the rules were interpreted.

The White House cluster. After learning that the President and First Lady were infected, the next question was “Who else?” Many political movements fail by believing their own rhetoric, and Trump has been saying for a long time that the virus isn’t a big deal; we should all just get back to normal as fast as possible. Among Trumpists, mask-wearing and other good public-health practices are looked on as wimpy, as “living in fear“. (Packing heat at the supermarket, on the other hand, is just a reasonable precaution.)

Here’s a little more from that August article by Peter Nicholas:

when I arrived at the White House this morning, I was struck by the lack of safety protocols in place. The most famous address in America now feels like a coronavirus breeding ground. … Some of the West Wing desks are spaced so closely together, and some of the offices are so cramped, that it’s tough to see how people avoid exposure at all. In one small office today, two aides stood and spoke to each other without masks. Young aides sat at desks in an open bullpen-style space without masks. Walking through the hallways accessible to the press, I wore a mask, but I haven’t been tested for COVID-19; had I removed my mask for some reason and coughed or sneezed, there was no hint of a mask patrol prepared to whisk me out the building. The vibe was shockingly lax.

Apparently nothing is going to change. The White House is saying that CDC guidelines make mask-wearing optional, so that’s what they’ll stick with.

So, who else has been infected so far? Hope Hicks was the first person whose infection was announced. Subsequently: KellyAnne Conway, presidential assistant Nicholas Luna, RNC Chair Ronna McDaniel, campaign manager Bill Stepien, Senators Mike Lee, Thom Tillis and Ron Johnson, debate coach Chris Christie, and Notre Dame President John Jenkins, who attended the Rose Garden announcement of Amy Coney Barrett’s Supreme Court nomination. Barrett herself, it turns out, already had the virus during the summer.

How is he doing? This gets into the breaking-news area I try to avoid. (I can’t compete with CNN, and you shouldn’t get your breaking news from a weekly blog anyway.) But the striking thing about this weekend’s announcements was how much bullshit you had to wade through to find out anything. Had the President needed oxygen? The doctor kept dodging the question and repeating that he wasn’t on oxygen now. Had his x-rays revealed any pneumonia or lung damage? Another dodge.

Eventually we found out that he did spike a high fever at some point. (How high? They won’t say.) He had a couple of episodes of low blood oxygenation. He has received multiple cutting-edge treatments, some of which are only recommended for severe cases. That raises three possibilities:

  • He’s sicker than the White House is letting on.
  • Doctors are being super-aggressive because he’s the President.
  • Trump is a victim of “VIP syndrome”, where doctors yield to the judgment of an important patient rather than doing what they think is best.

Photo ops. Whatever energy Trump does have has been devoted to controlling the narrative, rather than getting well or running the country. He has released two Twitter videos from Walter Reed Hospital, and Sunday he had two Secret Service agents risk their lives to drive him around the building, so that he could wave to his fans.

George Washington University professor and Walter Reed attending physician Dr. James Phillips tweeted:

Every single person in the vehicle during that completely unnecessary Presidential “drive-by” just now has to be quarantined for 14 days. They might get sick. They may die. For political theater. Commanded by Trump to put their lives at risk for theater. This is insanity.

… That Presidential SUV is not only bulletproof, but hermetically sealed against chemical attack. The risk of COVID19 transmission inside is as high as it gets outside of medical procedures. The irresponsibility is astounding. My thoughts are with the Secret Service forced to play.

So file this with the other examples of Trump not caring about anyone but himself.

During the Trump Era we tend to forget that America has had previous presidents who behaved differently. But it’s worth thinking about that now. It’s not crazy for a president to want to reassure the country that he’s OK and that America is still in good hands. But other presidents would have used their limited energy to do work, not pull a stunt.

For a normal president, it would make perfect sense to, say, be on the phone lobbying senators to support his Supreme Court nominee, or urging members of Congress to work out their differences and send him a stimulus bill. Mark Meadows could tell us he was doing those things, and the people he was calling could verify how on-the-ball he was.

Instead, he had to leave the hospital and wave to his adoring public.

Political impact. Something you have to bear in mind is that prior to announcing his infection, Trump was losing the presidential race pretty badly. So anything that shakes up the race at least interrupts a story that was trending against him. 538’s national polling average has Biden up by 8%, and polling above the magic 50% mark that Hillary couldn’t get to, no matter far ahead she was. Ditto for the RCP average, which has Biden up by 8.1% at 50.6%.

Focusing on the Electoral College, 538’s most likely tipping-point state is Pennsylvania, where Biden is ahead by 5.3%, and its tipping-point status depends on Trump also winning Florida, Arizona, North Carolina, and Ohio, where Biden has smaller leads.

For comparison, Texas is closer than that: Trump is ahead by only 4%. So a landslide where Biden takes Texas (and Iowa and Georgia) is currently more likely than the narrowest possible Trump win.

If anything, the more recent polls, taken after Tuesday’s debate but before Trump’s positive test was announced, were even worse for Trump: Biden was up 14% in an NBC/WSJ poll released Sunday.

It wouldn’t surprise me if the short-term effect of Trump’s diagnosis is a small sympathy bump. But long-term I don’t see how it serves him. Anything that keeps the pandemic in the headlines is bad for him, because he has bungled our government’s response so badly. Anything that makes him look weak is bad for him. Cancelling rallies is bad for him. I don’t think his first debate performance did him any good, but cancelling the remaining two debates would remove opportunities for him to turn things around.

So no. Even if he recovers completely, I don’t think getting sick does Trump any good.

Newspeaking About Torture

If you can’t ban a word, break it.


One major theme of George Orwell’s 1984 is the importance of language to oppressive governments. From the beginning of recorded history, crude dictators have punished people for criticizing their rule. But modern, sophisticated dictators change the language itself, so that thoughts undermining the ruling ideology are hard to put into words, and no one would understand what you were saying if you did.

Orwell described this technique in detail in an essay he appended to 1984, “The Principles of Newspeak“.

The purpose of Newspeak was not only to provide a medium of expression for the world-view and mental habits proper to the devotees of Ingsoc, but to make all other modes of thought impossible. … This was done partly by the invention of new words, but chiefly by eliminating undesirable words and by stripping such words as remained of unorthodox meanings, and so far as possible of all secondary meanings whatever.

That’s a fine strategy if you already run a totalitarian government like the one in Orwell’s Oceania. But it completely ignores the problems faced by movements still trying to rise to power, like today’s American conservatives. Despite controlling Congress, they can’t just ban words they don’t like.

All they have besides Congress is a media empire, vast wealth, and an amazing degree of message discipline. What can you accomplish with those resources?

Just by being loud and persistent, you can try to alter common usage to favor your ideology. Sometimes that works (“death tax“) and sometimes it doesn’t (“homicide bomber“). But the real challenge is to disarm a word that works against you or for your enemies.

In Oceania they’d simply remove the word from the dictionary and correct everyone who kept using it. (“It’s not in the dictionary, so it’s not proper Newspeak.”) Or they’d keep the word, but remove all its offending meanings, again correcting the people who persisted in using it incorrectly.

But what if you don’t have that kind of power? American conservatives solved this problem a long time ago: If you can’t ban a word, you apply your resources to break it through misuse.

I’m not sure when this started. (That’s the great thing about breaking a word; eventually everybody stops using it, so it never comes to mind again. Your tracks are covered, because hardly anybody ever asks “How did zimzam become unusable?”) Maybe it was during the Reagan years, when liberal became an insult to throw at people you don’t like. I’m not sure. I wasn’t paying attention to the right things then. None of us were, or we might have tried to defend liberal rather than just stop using it.

I first noticed word-breaking* years later, during the second Bush administration. A lot of nasty stuff was happening then: The U.S. government was torturing people in secret prisons, spying on its own citizens, locking people up indefinitely without trials, and manufacturing bogus reasons to invade a foreign country. The administration was justifying all that by putting forward bizarre new legal interpretations of “the unitary executive” and the nearly unlimited “Article II power” he had whenever he determined that we were at war. Standing previous conservative small-government and fiscal-responsibility rhetoric on its head, the administration was creating huge new programs to buy off key constituencies, and not raising any revenue to pay for them. (Just tack them on to the deficit. No worries.)

As I was reading an Economist article characterizing Bush’s ideology as “big-government conservatism”, I wondered: Why use such a cumbersome phrase, when English already had a perfectly good word for this configuration of ideas and policies — fascism.

The answer was that fascism had become unusable, because misuse had broken it. Just when America needed the word to describe what was going on, conservatives were instead discussing “liberal fascism” and “Islamo-fascism” and so forth. In the conservative media, suddenly anything and everything was fascist, except the kind of militaristic, torturing, secretive, prying, corporatist, big-government conservatism that had been practiced by Mussolini, Hitler, Franco, and Pinochet — and was increasingly being adopted by Bush.

The word fascist could have been a rallying call for the enemies of American conservatism. But conservatives averted that threat by breaking fascist through misuse. As a result, today you are perfectly free to talk about fascism — I just did — but no one will know what you mean. Fascist is nothing but an insult now; it has no real content. If you use it, you aren’t saying anything in particular, you’re just being aggressive and rude.

Terrorism was broken in another way, like a proud wolf who gets turned into an attack dog. Terrorism used to have a clear meaning: threatening or perpetrating violence against civilians for political purposes. It was an ideologically neutral description of a tactic that any political movement might resort to. But after a decade of misuse, terrorism has become any violent act conservatives disapprove of. So the Fort Hood massacre is terrorism, even though it was an attack against a military base. Whatever ISIS does is terrorist, even fielding an army and fighting pitched battles against other soldiers. But hardly anyone (except me) called the Sikh Temple murderer what he was: a white right-wing Christian terrorist. White Christian right-wingers can’t be terrorists any more; it’s an oxymoron.

More recently, religious freedom and religious persecution have been broken. A generation ago those were ACLU words, used by atheists, Jews, and other minority movements that struggled against oppression by the Christian majority.

That oppression hasn’t disappeared; in many ways it’s getting worse. But the words to fight it have been hijacked so that they’re barely usable any more. Today, religious persecution is telling a Christian baker that a gay couple is part of the general public his business serves. Or maybe it’s just saying “Happy Holidays” instead of “Merry Christmas”. Religious freedom means that a Christian employer is “free” to block any part of his employees’ health-care coverage that he doesn’t like, and a Christian pharmacist can freely decide whether he approves of your prescription (and the lifestyle it implies) before he fills it. Separation of church and state — which used to be the hallmark of religious freedom — is now a Communist idea that is part of the conspiracy to persecute Christians.

So now, when Kennesaw, Georgia won’t let a Muslim group rent space to worship in their town, or a parole officer forces an atheist to attend a religious program under threat of returning to jail, there are no words to describe what’s happening. Calling it “religious persecution” just confuses people.

And that brings us to torture. For the longest time, the primary defense of the Bush torture program was that it didn’t happen. There was no torture, there was just enhanced interrogation, a phrase brazen enough to do Newspeak proud.

But that defense has become untenable now that the Senate report on torture is out. Once the public heard the details, the claim that this wasn’t torture was exposed as ridiculous. (That’s only going to get worse as more details appear.) And although some are trying, the word torture can’t be reclaimed from the dark side. There’s no way to say, “We’re the Torture Party and that’s a good thing.”

But there is an alternative strategy: misuse the word torture until it breaks.

Dick Cheney pointed the way during his Meet the Press interview with Chuck Todd. When Todd asked how Cheney defined torture, Cheney deflected with this:

Well, torture, to me, Chuck, is an American citizen on a cell phone making a last call to his four young daughters shortly before he burns to death in the upper levels of the Trade Center in New York City on 9/11.

Todd followed up by asking whether rectal feeding was torture, and Cheney continued his distract-with-shiny-objects strategy.

I’ve told you what meets the definition of torture. It’s what 19 guys armed with airline tickets and box cutters did to 3,000 Americans on 9/11.

The misuse campaign is on. The American Thinker blog reports on the “real torture scandal in America“, which is abortion. General Boykin says “Torture is what we’ve done by having the IRS go after conservative groups.” The Koch-funded American Energy Alliance is calling EPA fossil-fuel regulations “torture”:

Whether it’s the costliest regulation in history or the coal-killing power plant rules (that Obama’s law professor says raise “constitutional questions”), it’s clear that the CIA isn’t the only government agency engaged in torture. At least the CIA isn’t torturing Americans.

The AEA illustrated its point with this cartoon:

Yes, “raising energy costs” and “harassing property owners” are now torture.

Expect to hear a lot more of this. Soon, every inconvenience to a conservative special interest group is going to be “torture”. Anything and everything will be “torture” — except a CIA interrogator looking into the eyes of a helpless (and possibly innocent) prisoner and threatening excruciating pain, trauma, or humiliation unless he talks.

Torture can’t be defended, so the word torture has to become meaningless. If you can’t ban a word, break it.


* I anticipate the question: “What about the ways that liberals try to change the language?” There are a number of words liberals have tried to remove from the language, like nigger or faggot. We discourage men from referring to adult females as girls, and so on. But these efforts have been above-board and transparent. For example, we have largely removed nigger from common usage among whites by openly discussing the reasons whites shouldn’t say nigger. If conservatives want to start a similarly open discussion to convince people to stop saying torture, I invite them to try.

5 Lessons to Remember as Ferguson Fades into History

If you learned anything from Ferguson, how are you planning to hang on to it?


Remember the days right after the Newtown Massacre? For a week, maybe two, it seemed like the country had finally woken up and nothing would ever be the same. Twenty innocent children were dead, along with six adults who tried to protect them. And it was our fault. Mass shootings had been happening more and more often for years, and — unlike Australia, which had the same problem and solved it — we’d done nothing. But now that was all going to change.

Be a Target(ed) shopper.

It didn’t. Within months, all the vested interests that benefit from our crazy lack of gun laws had re-asserted themselves, and nothing happened. Or rather, things continued getting worse, with the momentum still on the side of the guns-everywhere movement. Instead of trying to get rid of assault rifles (or at least keep them away from the mentally ill), we’re debating whether or not you can hang one over your shoulder while you shop for Oreos. (The ad to the right is a parody, but the picture is genuine.)

So now we’ve had Ferguson, another national trauma that has mesmerized the media and caused a number of people to see the light on some important issues. Maybe someday we’ll look back and see the Michael Brown shooting and the ensuing protests as a tipping point, a moment when things started to turn around. Or maybe we have just briefly tossed in our sleep and will soon settle back down.

In part, that decision is up to all of us. Will we let the things we’ve learned these last few weeks slip away like the trig identities we crammed into our heads for the big math test? Or will we hang on to our new understandings and not settle back into the same old conversations? Will we demand that our news sources and our political representatives recognize these realities? Or not?

The first step in hanging on to new knowledge is spelling it out clearly. Here’s my attempt to isolate five simple Ferguson lessons that we shouldn’t forget or let the country forget. I admit they’re not rocket science. If they were, we’d already be forgetting them.

1. Police mistreat black people. It’s not a fantasy created by “the grievance industry” and it’s not a few isolated incidents caused by a handful of bad apples, it’s a pattern.

Some parts of the national media have finally started covering it like a pattern, and drawing attention to incidents that by themselves wouldn’t usually get national attention. Just this week I ran across the following stories.

  • New information the John Crawford shooting came out. On August 5, a 22-year-old black man was killed by police in a WalMart in Ohio because he was carrying an air rifle that he had picked up from a shelf. We had already heard from his girl friend, who was talking to him on the phone as he was being shot. Tuesday, we heard that the shooting was captured on WalMart’s surveillance video. It has not been released (though information favorable to the police has been), but Crawford’s parents and their attorney have been allowed to see it. The attorney said that Crawford was facing away from officers when they killed him, and that “John was doing nothing wrong in Walmart, nothing more, nothing less than shopping.” One of the officers involved in the shooting is back on the job. (A fake news site’s story of a second WalMart shooting got taken seriously by a number of people, but didn’t actually happen.)
  • Chris Lollie was arrested and tased by police in St. Paul while he was waiting for his kids to get out of school. He was trying to walk away from police when they got violent with him. The incident was recorded on his cellphone when it happened in January, but only became public recently after charges against Lollie were dropped and he got his phone back. St. Paul police have defended their officers’ actions, which is hard to imagine as I watch the tape.
  • Kametra Barbour and her four young children were pulled over in Texas, even though their car was a different color than the one police received a complaint about. The police dashcam video shows the terrified woman being forced at gunpoint to walk backwards towards the police cruiser, protesting all the while that they’re making her leave her frightened children alone in the car. The confrontation doesn’t end until her 6-year-old son also gets out of the car and walks toward police with his hands up. (What if he’d come out some other way?) “Do they look young to you?” one officer finally asks the other.
  • A week and a half ago TV producer Charles Belk was walking back to his car from a Beverly Hills restaurant when his evening took a bad turn. “I was wrongly arrested, locked up, denied a phone call, denied explanation of charges against me, denied ever being read my rights, denied being able to speak to my lawyer for a lengthy time, and denied being told that my car had been impounded…..All because I was mis-indentified as the wrong ‘tall, bald head, black male,’ … ‘fitting the description.’ ” It was six hours before his lawyer convinced police to watch the surveillance video and recognize that the bank robber’s accomplice was obviously not Belk. According to his lawyer (as summarized by ThinkProgress) “many other individuals who found themselves in Belk’s situation without his resources would likely have been detained at least until Monday”.
  • Rev. Madison T. Shockley II published similar stories from his own life, his father’s, and his son’s. “I fit the description. I was a black man.”

What makes these stories hit home is that they’re not about purse-snatchers who got roughed up a little too much. They’re about people who did nothing and suffered for it.

I know blacks must look at this lesson and say, “Well, duh.” But for the most part, whites — and the media that caters to whites — have refused to take it seriously until these last few weeks. Many of us came to a similar insight after Trayvon Martin, and then backslid into denial. Let’s not do it again.

2. Police kill a lot of people in America. Responding to the racism charge, some conservatives put forward a bizarre police-kill-white-people-too case centered on the shooting of Dillon Taylor in Salt Lake City — as if that should make everybody more sanguine about Michael Brown or John Crawford. But if white deaths are what it takes to get a certain segment of the public excited about police violence, then let’s publicize them. Because whether you break things down by race or not, there’s a problem.

You can say policing is a tough, dangerous job — and it is. But somehow police in other countries manage to do that job without killing nearly so many people. No government agency totals the exact number — it’s like we don’t really want to know — but various available statistics point to around 400 police killings a year in the United States. Here’s how that stacks up internationally.

If you want some real contrast, look at Iceland, where last December police shot and killed someone for the first time in the country’s history. Admittedly, Iceland is a thousand times smaller than the U.S., but even so, at our rate you’d expect Icelandic police to shoot someone dead every two or three years, rather than once since World War II.

3. We need better ways to hold police accountable. One inescapable feature of the Michael Brown investigation is that the Ferguson police are an interested party, and are not simply seeking to bring the truth to light. (For example, the only detail they were willing to release from Brown’s autopsy was that he tested positive for marijuana. And they released a video that they claimed was Brown stealing cigars from a convenience store, but not an incident report on his death.) It’s crazy to believe that they — or a prosecutor who works hand-in-glove with them every day — will investigate Brown’s death fairly and see that justice is done.

And yet, that is the standard situation whenever a citizen feels mistreated: Police will investigate themselves and find that whatever they did was justified. After police killed his white son, Michael Bell did the research:

In 129 years since police and fire commissions were created in the state of Wisconsin, we could not find a single ruling by a police department, an inquest or a police commission that a shooting was unjustified.

Police will also control — and distort — the flow of official information to the media. Reporters, in turn, depend on police leaks for their scoops, so they are often active participants in smearing victims. (It’s the same pattern we saw in the lead-up to the Iraq War, when reporters whose careers depended on their relationships with Bush administration sources published whatever they were told as if it were fact.)

Civil rights attorney Norman Siegel (whose interview with Chris Hayes starts around the 14-minute mark) suggests a common-sense reform:

There should be a civilian review board in Ferguson and in every city in America. And what that means is that you can’t allow the police to investigate the police. You have to have independent civilians looking at the complaint. We need a permanent special prosecutor for police misconduct so we can finally get accountability.

In April, Wisconsin passed a law requiring an outside investigation whenever someone dies in police custody. Every state should follow.

There has been some limited accountability for the most outrageous police behavior during the Ferguson protests. Dan Page, the frighteningly paranoid St. Louis officer I described last week, has been allowed to retire; he’ll get full pension and benefits, but at least he’s not wearing a badge any more. Ray (“I will fucking kill you”) Albers was forced to resign. Matthew (“These protesters should be put down like a rabid dog the first night”) Pappert was fired. Chris Hayes asks the right follow-up question:

The national media came to one (in some ways) random metro area suburb, St. Louis Country, with a hundred cameras for two weeks. And you’ve got at least four police officers essentially caught on camera doing really awful things, and a bunch more unnamed. It was almost a random audit. And the thing I can’t help thinking is “OK. There’s two ways to interpret this. Is this area particularly bad in terms of the quotient of police officers who act like this? Or is this just normal, and we just happened to have the cameras pointed there?”

What if we put the cameras right on the police? Events in Ferguson have added momentum to the notion that all police cars should have dash-cams and all officers should wear cameras on their uniforms. Private sources have donated enough body cameras for every Ferguson officer to wear one. Let’s see if they do.

4. White privilege is real. Stephen Colbert advised the Ferguson protesters to learn from Cliven Bundy and his friends in the militia movement.

By the way, black people, why can’t you be more like these guys? They were armed, and they dared the cops to shot them, and nothing happened. Just figure out whatever was different about them, and you’ll be fine.

But being treated with more respect by police is just one aspect of white privilege, which affects everything from hailing a cab to whether your resume will get you an interview. Pre-Ferguson, most whites reacted to talk about white privilege as if it were just an Ivy League way to call them racists or tell them to STFU.

But recently more whites have started to get it and explain it to others. One of the most approachable explanations is in “What My Bike Has Taught Me About White Privilege” posted by Pastor Jeremy Dowsett on his blog A Little More Sauce. Dowsett, who is white but has non-white children, compared being black in America to his own experience riding a bicycle on the busy streets of Lansing.

[Bike riders] have the right to be on the road, and laws on the books to make it equitable, but that doesn’t change the fact that they are on a bike in a world made for cars. Experiencing this when I’m on my bike in traffic has helped me to understand what privilege talk is really about.

Now most people in cars are not intentionally aggressive toward me. But even if all the jerks had their licenses revoked tomorrow, the road would still be a dangerous place for me. Because the whole transportation infrastructure privileges the automobile. It is born out of a history rooted in the auto industry that took for granted that everyone should use a car as their mode of transportation. It was not built to be convenient or economical or safe for me.

And so people in cars—nice, non-aggressive people—put me in danger all the time because they see the road from the privileged perspective of a car.

Similarly, our laws promise racial equality and not all whites are racists, but our society was built with whites in mind. Systems that seem perfectly natural and transparent if you’re white are problematic if you’re not.

Elaborating on Dowsett’s metaphor from my biking perspective: I can’t count how many times I’ve nearly fallen off a no-shoulder country road because car drivers have no idea how loud a “light” beep of the horn sounds to someone not enclosed in a glass-and-metal bubble. (Apparently they worry that their internal-combustion engine might “sneak up” on me because it seems so quiet to them.) Keep that in mind the next time you offer a “reasonable” criticism of the black experience.

Jon Stewart’s epic response to conservative fury that blacks “make everything about race” is worth watching from the beginning, but it came down to this:

Race is there, and it is a constant. You’re tired of hearing about it? Imagine how f*cking exhausting it is living it.

How are we whites going to keep this increased consciousness of privilege from fading away? Christian Lander, who writes the blog Stuff White People Like, suggests making it the next ice-bucket challenge. He observes that what whites really need to raise their awareness of (far more than any deadly disease) is what it’s like to be a black teen. So he proposes the BT Challenge: Video yourself doing something that is dangerous for a black teen — like, say, walking to the convenience store for Skittles — and post it on social media.

5. We need to de-militarize our society. Americans from coast to coast were repulsed and alarmed by the images of mine-resistant military vehicles roaming American streets with camo-clad police snipers perched on top of them. It was way beyond ironic that equipment created to defend an occupying army in a guerrilla war was being deployed against American citizens protesting excessive force from police.

The militarization of police has been roundly denounced — most effectively by John Oliver — and it deserved every word of that denunciation.

That public outcry has even started to have some effect. Anchorage police have rescinded their request for military vehicles. Claire McCaskill will be chairing Senate hearings on police militarization.

But while MRAPs are obviously over the top, Ladd Everitt from the Coalition to Stop Gun Violence told Business Insider that some advanced weaponry is justified by the level of armament police might face (from someone other than mostly non-violent protesters).

 “We see this as a product of the continuing arms race between law enforcement and civilians that has been going on for decades.” Everitt said the increasingly sophisticated weaponry being sold to U.S. civilians is forcing police to keep up, with both sides purchasing ever more powerful weapons. The arms race means “police officers have legitimate fears about the nature of the firepower they are confronting on a daily basis,” he said.

So the problem isn’t just the militarization of American police, it’s the militarization of American society.

That puts a different spin on the gap in police killings between the U.S. and every other first-world nation. American police are on a hair trigger because, in a country with over 300 million firearms, the possibility that a suspect might start shooting at them is never far from their minds. Over the course of a long career, it just doesn’t seem safe to take the more laid-back approach of a German or English policeman.

Bear that in mind the next time the NRA frames guns-everywhere as purely a question of personal rights. No matter how responsible and well-intentioned that gun-toting Oreo shopper might be, his presence raises the temperature in the room. All of us — and especially police — have to shorten our response times, given how fast a situation can turn deadly. So whether I choose to carry a gun or not, that raised room temperature might get me killed someday.

And that brings me full circle, back to gun control. Remember Newtown?

Unwarranted

Ferguson is a city located in northern St. Louis County with 21,203 residents living in 8,192 households. … Despite Ferguson’s relative poverty, fines and court fees comprise the second largest source of revenue for the city, a total of $2,635,400. In 2013, the Ferguson Municipal Court disposed of 24,532 warrants and 12,018 cases, or about 3 warrants and 1.5 cases per household.

— Arch City Defenders, “Municipal Courts White Paper

This week’s featured post is “What Your Fox-Watching Uncle Doesn’t Get About Ferguson“. The featured post from two weeks ago “Not a Tea Party, a Confederate Party” continued its viral spread last week. It’s now over 100,000 page views, making it the second most popular Sift post ever. But it’s still got a ways to go to catch “The Distress of the Privileged” at 332K. (Those numbers make the 2,000 views of last week’s “The Ferguson Test” seems puny, but it’s actually quite good by normal Weekly Sift standards.)

This week everybody was still talking about Ferguson

Wednesday, MSNBC’s Lawrence O’Donnell nailed the NYT for police reporting that reminds me of the reporting Judith Miller did for them in the lead-up to the Iraq War: Leaks from government sources are reported as facts, the official framing of events is accepted uncritically, and contradictory evidence is discounted.


A different angle on Ferguson comes from Arch City Defenders, a group that “strives to provide holistic criminal and civil legal services to the homeless and working poor in the St. Louis Region.”

In a white paper on the St. Louis area municipal courts published before Mike Brown’s death, ACD focused on Ferguson and two other municipalities that it described as “chronic offenders” for abuses of the justice system like

being jailed for the inability to pay fines, losing jobs and housing as result of the incarceration, being refused access to the Courts if they were with their children or other family members, and being mistreated by the bailiffs, prosecutors, clerks and judges in the courts.

… In many municipalities, individuals who are unable to pay whatever fines they are assessed are incarcerated — sometimes repeatedly over many years. One defendant described being incarcerated fifteen or sixteen times over a decade on the same municipal charge.

In short, if you are poor in Ferguson, getting a speeding ticket can wreck your life. But it makes money for the town.

Court costs and fines represent a significant source of income for these towns. According to the St. Louis County two municipalities alone, Ferguson and Florissant, earned a combined net profit of $3.5 million off of their municipal courts in 2013.

ACD’s Thomas Harvey says:

The courts in those municipalities are profit-seeking entities that systematically enforce municipal ordinance violations in a way that disproportionately impacts the indigent and communities of color.

St. Louis County municipal courts typically don’t provide public defenders, so even if the law makes allowance for poverty, the poor may not know how to claim their rights. Those who can afford lawyers often can deal with minor violations without a court appearance, with the result that (as one resident put it) “You go to all of these damn courts, and there’s no white people.”

ACD’s white paper draws an obvious conclusion: “This interaction … shapes public perception of justice and the American legal system.”


St. Louis police released a cellphone video of two of their officers killing a different black man. The video contradicts several parts of the police account of the killing, but nonetheless the shooting is judged by experts to be justified. Watching it gives you some idea of what police are allowed to get away with.


Three of the officers involved in policing the Ferguson protests have been disciplined. The first was Ray Albers of the St. Ann police force, who was videotaped waving a gun at the crowd and yelling, “I will fucking kill you.” He’s been suspended indefinitely.

The second is Glendale officer Matthew Pappert, who was suspended after tweeting: “These protestors should have been put down like a rabid dog the first night.”

But the scariest is Dan Page of the St. Louis force. He’s been relieved of duty after St. Louis Post-Dispatch released a video of an hour-long talk he gave to a meeting of the local Oath Keepers chapter in April. The articles about him pick out the easy sound bites: his hostility to gays, women, the Supreme Court, and President Obama, as well as several statements expressing pride in being “a killer”. But if you watch the whole talk, what’s really frightening is Page’s paranoid thought process, and the fact that the gym-full of people he appears to be talking to seem to approve.

I have listened to certifiably paranoid people before, and this talk is exactly what they sound like. They present “evidence” for their dark fantasies that you look at and think “Huh?” Page wanders through the Constitution, the Bible, the Declaration of Independence, and various other apparently authoritative sources, referencing bits that (if you look them up) have little to do with what he’s saying. (At the 25 minute mark: “In Psalms 83, Russia invades Israel. They are beat back, eight-fifths of their army are killed.”)

At around the 17-minute mark he presents a slide he says came from a talk by the Secretary of the Army. The untitled, unannotated slide is simply a list of ten regions. (“1. America, Canada, Mexico … 10. Remainder of Africa”.) Page finds this slide deeply threatening: “World government, folks. Anybody who resists it is dead.”

The idea that Dan Page is on the street with a gun is scary enough, much less that he has wielded the authority of a police officer for 35 years.


Online arguments about the Brown shooting are so formulaic that The Daily Dot has a taxonomy of the ten kinds of trolls you’ll run into.


As part of a long article that is well worth reading end-to-end, an ex-cop compares Ferguson to the Bundy Ranch showdown.

On the Bundy Ranch, armed protesters were violently obstructing law enforcement from performing their duties.  Sniper rifles were pointed at those law enforcement officers. Then those “snipers” openly gloated about how they had the agents in their sights the entire time. And what was the police response?  All out retreat.  Nobody was arrested. No tear gas deployed. No tanks were called in. No Snipers posted in the neighborhood. No rubber bullets fired. Nothing. Police officers in mortal danger met with heavily armed resistance and no one had to answer for it.

… Just imagine if there were 150 black folks walking around Ferguson with assault rifles right now. Imagine if a couple of them took up sniper positions on the tops of buildings with their rifles pointed at the police officers.  Take a quick guess at how that story ends.

and ISIS

The Islamic State of Iraq and Syria beheaded American journalist James Foley — and posted the video on YouTube — after the U.S. government refused a 100 million Euro ransom demand and a rescue attempt failed. This sparked a lot of discussion about widening the U.S. involvement in Iraq beyond the current air strikes.

I don’t doubt that a lot of people in ISIS are bad guys. But it gets old watching the pro-war spin machine work. Once again, we face a group of insane, unstoppable monsters far worse than the last group of insane, unstoppable monsters we were warned about. Rick Perry thinks they’re coming over the Mexican border, and a former CIA deputy director warns us that they could get an AK-47 and shoot up a mall — not because either man has any evidence that such things are in the process of happening, but because we have a new name for the Boogie Man.

The problem with the panic-mongering is that it just raises the pressure to do something. It doesn’t increase the effectiveness of any of the somethings we might do. Couldn’t we someday have a rational discussion of what our options really are, and what good or bad things are likely to result from the various things we might do?

and Ukraine/Russia

The Ukrainian government forces seem to be advancing against the pro-Russian rebels who hold several cities near the Russian border. Russia is moving what it claims is humanitarian aid across the border, but Ukraine says it’s military re-supply for the rebels. It’s hard for American journalists to verify anybody’s story.

and you also might be interested in …

It’s still in the laboratory (at my alma mater, BTW), but wow is this cool: transparent solar cells. Someday, your windows could generate electricity without blocking the view.


The pressure to change the name of the Washington NFL team continues its slow, inexorable build. The editorial board of The Washington Post announced Friday that it will no longer refer to the team as “Redskins” in its editorials. (Presumably, the announcement itself was the last time.) That move was mostly symbolic, since the R-team isn’t mentioned that often on the editorial page, and the news and sports sections of the paper will continue to print “Redskins”. But it’s something.

As of June, The Seattle Times won’t use the name at all. It’ll be interesting to see how they cover the Seattle-Washington Monday Night Football game on October 6. Maybe this article from The Kansas City Star could be a model.

Wednesday it came out that longtime NFL referee Mike Carey had been quietly boycotting Washington games since 2006. When confronted with the fact that he had not refereed a Washington game in many years, Carey owned up:

The league respectfully honored my request not to officiate Washington. … It just became clear to me that to be in the middle of the field, where something disrespectful is happening, was probably not the best thing for me.

Carey has retired from the NFL and now works for CBS’ football coverage team as a rules analyst. He was the first African-American to referee a Super Bowl. A coaches’ poll once named him (tied with another guy) as the league’s best referee.

CBS’ Phil Simms and NBC’s Tony Dungy have said they will try to avoid saying “Redskins” while announcing or commenting on games.

Sooner or later, these little grains of sand will turn into a landslide. For now, not cooperating with the misnamed team requires an explanation. But we’re approaching a tipping point, where those who do cooperate will be expected to explain.

and let’s close with some creative law-breaking

Cracked has compiled a list of “The 7 Most Badass Acts of Vandalism Ever Photographed“. I mean, would you have thought to paint a giant penis on a drawbridge, so that would rise every time the bridge goes up? Or turn a Soviet monument in Bulgaria into colorful American comic-book characters and other mythical beings like Santa Claus and Ronald McDonald? Or let half a million brightly colored plastic balls bounce down the Spanish Steps in Rome? Somebody did.

No Sift This Week

Sorry for not putting out an announcement sooner. (I’m on vacation and have been driving all day.) The Weekly Sift will be back next week. Posts will appear on Monday the 28th in the general vicinity of noon (eastern time).

No Sift on Christmas Eve

Celebrate whatever holiday makes you happy, then come back next Monday for the annual Yearly Sift, in which I almost always discover (retrospectively) that what I’ve been writing this year has a theme.

Biases

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Reality has a well-known liberal bias.

Stephen Colbert

In this week’s Sift:

  • Propaganda Lesson: The Two-Step. If you have lots of time and resources, and you want to attack somebody, don’t just smear them directly. Establish a stereotype first, and then attach it to them. So rather than talk about what Obama does, his enemies want to talk about what he is.
  • Already Refuted 97 Years Ago. Already in 1914, the economy was too complicated for the individual consumer to exercise the kind of judgment that the Republican health-care vision implies.
  • Wisconsin Update. The Wisconsin Supreme Court excused the legislature’s unusual process by engaging in an unusual process of its own.
  • Short Notes. Past Supreme Court justices have resigned in disgrace for doing what Clarence Thomas does. Alabama outdoes Arizona’s immigration law. The Pentagon as a model of left-wing social policy. A prominent climate-change denier faked his credentials. A young adult explains why his peers don’t vote. And more.


Propaganda Lesson: The Two-Step

One of the axioms of 21st-century political campaigns is: If you’re explaining, you’re losing.

In other words: If the attack against you is simple, but the reason why it’s unfair is complicated, then you’re in trouble. Even if people listen to you long enough to understand your side of the story, you’ve lost valuable time that you could have spent spreading the vision of what you want to do when you get into office.

You saw lots of examples if you watched last Monday’s Republican debate, but my favorite was Michele Bachmann’s claim that “the Congressional Budget Office has said that Obamacare will kill 800,000 jobs.” The Washington Post’s fact-checker explains:

In dry economic language, the CBO essentially said that some people who are now in the workforce because they need health insurance would decide to stop working because the health care law guaranteed they would have access to health care. (As an example, think of someone who is 63, a couple of years before retirement, who is still in a job only because he or she is waiting to get on Medicare at age 65.)

So the CBO’s 800K has nothing to do with anybody getting fired or not finding a job. But it took a whole paragraph to explain why “Obamacare will kill 800,000 jobs” is deceptive. Advantage Bachmann.

The two-step. Obamacare-kills-jobs is a fairly direct attack. But if you have the time and the resources, a sneakier way to take advantage of the explaining-is-losing effect is to build up your attack in layers. The two-step attack works like this: Over time, you turn vaguely-defined words into negative stereotypes. Then you attack by attaching the word to your opponent.

Example: Obama is a socialist.

Last summer, the Christian Science Monitor spent two on-line pages debunking that claim. I doubt it helped.

If, like the Monitor, you want to be rational about this, you notice that the full attack is actually a syllogism: “Obama is a socialist. Socialists are bad. Therefore Obama is bad.” In order for the syllogism to be valid, the word socialist has to carry the same definition all the way through. So the article examines the evidence that Obama promotes some bad kind of socialism, and finds that he doesn’t.

It explains, so it loses.

Worse, Obama himself can’t dispute either step without seeming to concede the other: If he argues that he’s not a socialist, he seems to concede that it’s bad to be one. If he argues that socialists aren’t bad, he seems to concede that he is one.

Either argument misses the real point, because socialist represents a stereotype, not a definition. The right-wing media has been heaping scorn upon socialist and socialism for decades, so that (at least for their audience) those words evoke Pavlovian responses in the glands rather than clear concepts in the mind. Obama is a socialist doesn’t make factual claims about anything Barack Obama has ever said or done or believed. It simply says: “You know that Pavlovian response we’ve trained you to feel when you hear the word socialist? You should attach that feeling to Obama.”

No parallel. No symmetry. Liberals are easily flustered by this kind of attack, because we have no experience with it. Attacks on President Bush, for example, usually stayed close to facts and actions: Bush ordered people tortured. He wiretapped Americans without warrants. He misled us about the reasons for invading Iraq.

Those are all statements about what Bush did, not what he is. Is-statements against Bush were usually shorthand that quickly led back to his actions. Charges that Bush is a criminal refer to specific actions that broke specific laws; it isn’t just liberals throwing around a bad word. Ditto for liar or torturer. Even people who claimed that Bush was a fascist often produced a definition of fascism in fairly short order, and went about connecting his deeds with its requirements. (Keith Olbermann defined fascism as “the seamless mutuality of government and big business” and used it in response to Bush demanding immunity for law-breaking the telephone companies did on his behalf.)

Three steps. In the same way that Caesar’s army spent peaceful intervals sharpening weapons and drilling troops, a modern propaganda machine spends the time between election campaigns sharpening its stereotypes and drilling its audience in their Pavlovian responses.

By now, there is even a three-step attack on Obama. The statement that he is something (anti-American, say), is backed not by references to specific statements or actions, but by generic summaries of the kind of thing he says or does: Obama “apologizes for America” — a charge that is based on more-or-less nothing. (The WaPo fact-checker awarded four Pinocchios, their lowest rating: “The apology tour never happened.” Nonetheless, when Mitt Romney titles his book No Apology, his target audience knows what he’s contrasting himself against.)

The more steps you can put between your attack and the facts, the harder it is for anyone else to root it out of the mind of your audience once you get it established. If people believe that Obama is bad because he is anti-American because he apologizes for America, what facts will change their minds? They might have to concede that Obama doesn’t apologize for America in this or that particular speech, but what about all the others? The generic summary floats above any particular events, and isn’t contradicted when some event turns out not to have been like that.

No arms race. Usually, when an article points out something that conservatives do more effectively than liberals, the proposed solution is that we raise our game to compete. But propaganda is an area where we have to be very careful, because our goals are different than our opponents’ goals. Propaganda can serve their goals in ways that it can’t serve ours.

In the liberal vision, government is a means for the people to look out for their common and collective interests. We want government to succeed at that mission. In order for that to happen, democracy has to work. The political process needs to be trusted and trustworthy.

Conservatives — at least the plutocrats who dominate the conservative movement today — don’t need that. They want government not to be trusted, so that billionaires and corporations will be free to do as they please. So anything that raises cynicism about the political process works to their advantage. When the public discourse devolves to our lies against their lies, they win.

Worse, they win when the public polarizes into camps that live in separate realities. Think about global warming. In order to get a cap-and-trade program passed, President Obama had to get a majority in the House and 60 senators to unite around a single plan. His opponents only needed to stop that from happening. Anything that raised fear and distrust worked to their advantage, because they were not trying to pass their own plan. They just needed to prevent the American people from using government to look out for their common interest.

Liberals win when the public lives in one reality, and has a transparent discourse about that reality that reaches some kind of consensus. Our best chance to achieve that is to stay connected to facts. Stephen Colbert noticed the right correlation, but got the causality backwards: Liberals need to have a reality bias.

So when it comes to propaganda, we don’t need to raise our game. We need to raise the public’s game, so that they are less easily fooled. We need to spend our between-campaigns intervals tearing down stereotypes and educating the public, both about reality and about how propaganda works.

If we wait until the last few weeks before an election to explain that, then we really will be losing.



Already Refuted 97 Years Ago

Several Sifts have led off with quotes from commentator Walter Lippmann, who could turn a phrase better than almost anybody else in the 20th century. Well, this longer quote from Drift and Mastery (1914) explains precisely what’s wrong with the Republican Medicare-privatization plan — and what’s wrong with their whole vision of individuals negotiating their own health-care purchases:

In our intricate civilization the purchaser can’t pit himself against the producer, for he lacks knowledge and power to make the bargain a fair one. By the time goods are ready for the ultimate consumer they have travelled hundreds of miles, passed through any number of wholesalers, jobbers, middlemen and what not. The simple act of buying has become a vast, impersonal thing which the ordinary man is quite incapable of performing without all sorts of organized aid. There are silly anarchists who talk as if such organization were a loss of freedom. They seem to imagine that they can “stand alone,” and judge each thing for themselves. They might try it. They would find that the purchase of eggs was such a stupendous task that no time would be left over for the purchase of beer or the pursuit of those higher freedoms for which they are fighting.

The old commercial theorists had some inkling of these difficulties. They knew that the consumer could not possibly make each purchase a deliberate and intelligent act. So they said that if only business men were left to compete they would stumble over each other to supply the consumer with the most satisfactory goods. It is hardly necessary to point out how complete has been the collapse of that romantic theory. There are a hundred ways of competing, to produce the highest quality at the lowest cost proved to be the most troublesome and least rewarding form of competition.

Remember, Lippmann is talking about the “intricate civilization” of 1914. It was already too much for the individual consumer to handle.

Fast forward to 2011, and let’s imagine the Republican ideal of individual health-care choice. People like my 89-year-old Dad would be deciding whether or not the cut-rate MRI shop on the edge of town is safe. (Or I’d be deciding for him from a thousand miles away.) If a profit-driven doctor recommends an expensive treatment, Dad would have to look at that suggestion as skeptically as he used to look at mechanics who wanted to replace his car’s transmission. And yes, insurance companies would compete for his business — with clever advertising, deceptive slogans, fast-talking telemarketers who call at all hours, and low-premium plans that seem to cover every illness except the ones you happen to get.

That’s market competition as it really exists in America today — not the Atlas-Shrugged fantasy of high-quality/low-cost competition.

Markets respond well when they have to satisfy well-informed consumers who have the time and ability to “make each purchase a deliberate and intelligent act”. That’s why I don’t need a government inspector to check that McDonalds’ french fries are crisp enough; I have all the information I need to make a good decision for myself. But how do I determine for myself whether the Filet-O-Fish sandwich contains mercury that will make me senile 15 years from now?

Unfortunately, a well-informed consumer is a corporation’s worst-case scenario. If it can hide the relevant data, distract or confuse the buyer, and sell the sizzle instead of the steak, it will.

And if someday we arrive at their free-market health-care utopia, which side will the Republicans be on? Will they insist on strong consumer-protection regulations that force corporations to collect and reveal the information people need to make wise choices? I’m guessing not.



Wisconsin Update

This week we got another lesson on the consequences of elections: Back in April, Wisconsin Supreme Court Justice David Prosser won a close re-election that played out suspiciously, but apparently honestly. Tuesday he was the deciding vote in a 4-3 decision overturning a lower court’s ruling that the legislature violated Wisconsin’s open-meetings law when it passed Governor Walker’s union-busting bill.

The gist of the ruling, as I understand it, is not that the legislature followed the law, but that it is not up to the judiciary to say whether it did or not. It is a “separation of powers” issue, in which the legislature’s “failure to follow such procedural rules amounts to an implied ad hoc repeal of such rules.”

The dissenting judges found that the Court itself was engaging in an unusual process. Ordinarily, a court hears a case either originally or as an appeal from some other court, using the factual record established by the original court. In this case, the Wisconsin Supreme Court did something in between: It granted itself original jurisdiction on a case that had already been heard by a lower court, and then made its own findings-of-fact without gathering any new evidence beyond what was in the lower court’s record.

Justice Shirley Abrahamson minced no words in her dissent:

The order and Justice Prosser’s concurrence are based on errors of fact and law. They inappropriately use this court’s original jurisdiction, make their own findings of fact, mischaracterize the parties’ arguments, misinterpret statutes, minimize (if not eliminate) Wisconsin constitutional guarantees, and misstate case law, appearing to silently overrule case law dating back to at least 1891.

Other than that, it was all good.

Wisconsin public employee unions are now filing a suit in federal court, but I’ve got my doubts that it will go anywhere.


The other theater of action in Wisconsin is the recall elections of nine senators — six Republicans and three Democrats. Here also, the Republicans are engaging in an unusual process: They have filed dummy Democratic challengers to force a Democratic primary and delay the recall elections from July 19 to sometime in mid-August.

FDL comments:

I’m a little surprised a registered Republican and a Republican county official can just run in a Democratic primary, but those are the rules in Wisconsin, apparently.

And there apparently is no concern about good government or right-and-wrong. Whatever you can get away with is what you should do.



Short Notes

ThinkProgress points out that the current ethical controversy around Clarence Thomas — namely, that he and his wife get expensive favors from a rich guy whose companies sometimes have an interest in cases before the Supreme Court — is pretty much identical to a scandal that caused LBJ-appointee Justice Abe Fortas to resign in the 1960s.

One of Thomas’ benefactors has even filed briefs in his Court since giving Thomas a $15,000 gift, and Thomas has not recused himself from each of these cases.

No one seriously expects Thomas to resign.


When I graduated from Michigan State in 1978, some congressman gave a commencement speech about farm policy. So how come another Big Ten school, Northwestern, just got Stephen Colbert?


Salon’s Steve Kornacki:

If nothing else, Monday’s Republican presidential debate made those commentators who have been touting Michele Bachmann as a serious threat to win the GOP presidential nomination look like prophets.

That would be me. Like me, Kornacki is not predicting that Bachmann will get the nomination, just that she’ll come a lot closer than the conventional wisdom suggests.

I think even Kornacki underestimates Bachmann, though, by comparing her to past religious-right candidates like Pat Robertson and Mike Huckabee. Pat and Mike were religious candidates first, and sometimes gave the impression that they were making up their other positions on the fly. (Huck in particular raised fears among Club-for-Growth types that he might turn into a Sermon-on-the-Mount liberal if he took office.) But Bachmann sounds completely authentic rallying a Tea Party crowd on taxes and spending.


New evidence that life is not fair: Even in his mug shots, John Edwards looks better than I do.


Nicholas Kristof finds at least one American organization that embodies liberal principles like racial diversity, social mobility, single-payer health care, subsidized child care, educational opportunity, and keeping a lid on income inequality: the military.

But as we as a country grope for new directions in a difficult economic environment, the tendency has been to move toward a corporatist model that sees investments in people as woolly-minded sentimentalism or as unaffordable luxuries. That’s not the only model out there. So as the United States armed forces try to pull Iraqi and Afghan societies into the 21st century, maybe they could do the same for America’s.


When it passed its famous anti-immigrant law SB 1070 last year, Arizona made its bid to be America’s most racist state. But Alabama is not giving up the crown without a fight.


Salon lists some of the Arabic words that are staples of anti-Muslim rhetoric, how they’re used, and what they mean to people who actually know Islam or Arabic.


There’s a fine line between making something illegal and putting so many restrictions on it that it becomes impractical. AlterNet’s Amanda Marcotte examines 10 States Where Abortion Is Virtually Illegal for Some Women.


Last week I pointed out that the NYT had published an op-ed denouncing clean energy by someone from a Koch front-group. Mike Casey gives more details:

I’m not even expecting that the Times actually demand a factual grounding for the opinion pieces it runs. That seems to have gone out of style awhile ago. … But Bryce got away with something much more preventable: pretending he’s some sort of intellectually honest thinker when his organization has ties to dirty energy money that no one bothered to note.

And then he makes a good suggestion:

Why not have a standard for all opinion pages for papers over a certain basic level of readership requiring opinion page submission finalists to disclose financial conflicts, direct or indirect, on the subject on which they have written? … it might inject just a little bit of honesty into what is now an all-too-frequent stream of enabled propaganda.


Why don’t young people vote? I don’t know, let’s ask one.


The biggest climate-change denier in the Minnesota Senate turns out to have been lying about having any scientific background at all.

 

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