The Monday Morning Teaser

The big story this week was the end of the government shutdown and the negotiations on DACA and other issues to keep another shutdown from happening in early February. I’ll cover that in an article called “The Shutdown, DACA, and Immigration: Where We Are”. Unlike a lot of folks, I’m OK with how the Democrats have been handling this.

But before that comes out, I’m going to post a longer article on something less urgent, but possibly more important in the long run. The real story of the Stormy Daniels incident turns out not to be Trump. (Sure, he allegedly had an affair with a porn star and paid her off to keep it quiet before the election. That would be a huge scandal for any other president, but does it really change your opinion of Trump?) It’s all the self-styled defenders of family values who came forward to make excuses for him, sometimes not just debasing themselves, but prostituting the words of Jesus to defend their own King Herod. For many Christian writers and bloggers, that has brought to a head a complaint that has been brewing for some while. I’ll discuss that in “Trump’s Evangelical Toadies are Destroying the Christian Brand”.

That post is just about done, so it should be out between 8 and 9 EST. I’ll peg the shutdown article for 10 or 11, and the weekly summary — Larry Nassar, a predictable charter school disaster in Ohio, the Pentagon’s role in climate change policy, Taco Bell’s poke at conspiracy theorists, a disturbingly timely War Department video from 1947, and some other stuff, before closing with an amazing video about scientists making water do tricks — for noon or so.

Troubles and Issues

“Troubles” are the things that bother people in their lives, that they talk about at night over the kitchen table, the things that they are actively worried about. “Issues” is what the political system does to run elections. … When Issues don’t speak to Troubles, and Troubles don’t connect to Issues, you have a crisis in democracy.

Jay Rosen

This week’s featured post is “Lies, Damned Lies, and Trump Administration Terrorism Statistics“.

This week everybody was talking about a government shutdown

First, the simple facts: The shutdown became official at midnight Saturday morning. The Friday-night vote that made it final was 50-49 in the Senate. (John McCain, who is battling cancer, was the senator not voting.) The funding proposal fell well short of the 60 votes it needed to pass.

A continuing resolution to fund the government for four weeks had passed the House, but the 50 votes in the Senate were not enough to break a filibuster. The votes in both houses were mostly along party lines. In the House, Republicans voted 224-11 for the CR, and Democrats 186-6 against. In the Senate, Republicans voted for it 45-5 and Democrats against 44-5. The senators crossing party lines were five Democrats (Donnelly, Jones, Heitkamp, Manchin, McCaskill) and five Republicans (Flake, Graham, Lee, McConnell, Paul — I suspect there’s some procedural reason why McConnell voted against it once he knew it wasn’t going to pass).

The two main sticking points in the negotiations leading up to the shutdown were preventing the deportation of the Dreamers and health insurance for children. (The CHIP program expired at the end of September. The states have kept it going anyway, but some will start running out of money soon.) The CR that failed funded CHIP for six years, but did nothing about the Dreamers, who will lose legal status in March because Trump killed President Obama’s DACA program.

It is bizarre that these are the issues Congress is stuck on, because both are popular with the voters, and would pass if they came to the floor as individual measures. Probably the only reason CHIP wasn’t reauthorized a long time ago was precisely so that Republicans could use it as a bargaining chip now. (In other words: We want to do the right thing, but only if we get something for it.) Paul Ryan is grandstanding about CHIP now, but Dylan Matthews points out all the opportunities he had to handle this problem without making it part of a shutdown vote. (In particular: Why isn’t CHIP an entitlement like Medicare, rather than a program that comes up for a vote every few years?)

For weeks, optimists have expected a DACA-like program to be part of a deal that included tighter immigration rules and  more funding for border security, possibly even allowing Trump to claim that he had succeeded in getting money (from Congress and not from Mexico) to build his wall. The White House meeting that dissolved into the shithole-countries debacle was about precisely such a bipartisan deal that Senators Graham and Durbin had worked out. Since then, the main obstacle to a deal has been that Mitch McConnell didn’t want to get stuck championing something that Trump wouldn’t sign. All week he had been dropping ever-more-pointed hints that Trump should tell McConnell what he wants.

“I’m looking for something that President Trump supports, and he has not yet indicated what measure he is willing to sign,” McConnell said. “As soon as we figure out what he is for, then I would be convinced that we were not just spinning our wheels.”

Consequently: Nothing about DACA was in the deal voted on Friday night.

So here we are: Nobody really wants a government shutdown. Almost nobody wants children to lose health insurance. Only the most radical anti-immigration minority in Congress (and Stephen Miller in the White House) wants to deport the Dreamers. And yet, these are the things we’re fighting about.

There’s currently a vote scheduled in the Senate later today. This could all resolve quickly, or not.

In general, nobody-wins situations like this happen because each side has its own view of how the disaster will play out. (Labor strikes are similar: Each side thinks the other will have to fold first, so they push to the crisis.) So a large part of how this comes out depends on how the public reacts. Republicans clearly think the public will frame the issue as the Democrats standing up for illegal immigrants over the American people. (Part of that is code, as I’ve explained before: The “American people” are white Christians.) Democrats think that the Republicans in charge of everything will bear the blame, and also have the argument that they’re just trying to get Trump to do something he has often claimed he wants to do anyway. If one side is wrong, that side will eventually have to give in.

and a lie about immigrants and terrorism

That’s the subject of the featured post, “Lies, Damned Lies, and Trump Administration Terrorism Statistics“. To their collective shame, Homeland Security and the Department of Justice assembled a report to back up a lie Trump told to Congress: “The vast majority of individuals convicted of terrorism and terrorism-related offenses since 9/11 came here from outside of our country.” The report is a textbook lesson on how to abuse statistics.


While we’re talking immigration, this meme has been going around:

and the Trump/Russia connection

This still looks speculative to me, but a bombshell story from McClatchy claimed that the FBI is investigating whether money from a Russian oligarch was funneled through the National Rifle Association to help elect Trump.

Investigating, of course, doesn’t always mean that they’ve found anything, or even that there’s anything to find. The purely factual part of the story is that the NRA spent way more money supporting Trump ($30 million) than they have on Romney or previous Republican presidential candidates. The NRA/Russia link is supposed to be “Alexander Torshin, the deputy governor of Russia’s central bank who is known for his close relationships with both Russian President Vladimir Putin and the NRA.” It’s illegal to use foreign money to influence a U.S. election, so if this pans out, it’s a crime.

My usual test for stories like this is whether I’d believe them if the parties were flipped. If I had heard that the FBI was investigating whether Chinese money had flowed through the Sierra Club to help Hillary Clinton, would I believe there was fire under that smoke? At this point, probably not. I plan to wait and see.


Another transcript related to the Steele dossier came out this week: Glenn Simpson, a co-founder of Fusion GPS, the research firm that hired Christopher Steele to investigate Trump’s relationship with Russia and Russian oligarchs, testified before the House Intelligence Committee in November. The committee released that transcript, with a few redactions, Thursday.

I haven’t completed reading either this transcript or the comparable one from the Senate Judiciary Committee, but Simpson seems impressive in what I’ve read of both. His investigation sounds nothing like the conspiracy theories Republicans are spreading about it. And he tells a coherent Trump/Russia narrative that may not be proven yet, but does fit a lot of the known facts: During a period when the Trump Organization wasn’t considered credit-worthy, a lot of suspicious Russian money flowed into Trump projects in a way that looks like money laundering. This was the beginning of a Trump/Russia relationship that blossomed during the campaign, resulting in a significant effort by Russian intelligence to get Trump elected.

Simpson does a good job of stating what he knows and not overstating it. Like this:

“Evidence”, I think, is a strong word. I think we saw patterns of buying and selling that we thought were suggestive of money laundering. … You know, fast turnover deals and deals where there seemed to have been efforts to disguise the identity of the buyer.

Fusion GPS couldn’t get “evidence” because they didn’t have subpoena power to get bank records. But congressional committees do. Rep. Adam Schiff asked who they should subpoena, and Simpson laid it out:

I would go for the clearing banks in New York that cleared the transactions, you know. And there’s—again, it’s these sort of intermediary entities that have no real interest in protecting the information, and all you have to do is ask for it and they just sort of produced by rote. So we’ve done a lot of money laundering investigations where we go to the trust companies and the clearing entities. And so, you know, all dollar transactions are generally cleared through New York. So, you know, the main thing you have to do is identify the banks that were used.

Atlantic’s David Graham followed up by asking Schiff whether the committee will follow this course. It’s not happening, Schiff told him “because Republican members are not interested”.

One of the arguments about the Democratic message for 2018 is whether or not they should come out for Trump’s impeachment. I hope they don’t go that far, because the hard evidence isn’t there yet. (Evidence is a strong word.) Instead, I would argue that the public needs Democrats to take over Congress so that we can find out what happened. Republicans are blocking investigations, and Democrats will go wherever the facts lead. Maybe that will be impeachment and maybe it won’t. We need to know the facts before we can say, and we’ll never know them if Republicans stay in control.

and the end of Trump’s first year

I was hoping to do my own wrap-up this week, but the article didn’t come together, so I’ll push it off to next week. One of the things I plan to do is examine whether, going into this administration, I was afraid of the right things. In particular, I’ll look back at “The Trump Administration: What I’m Watching For“, which I wrote two weeks after the election.

In particular, I said was watching to see if Trump would be doing any of these seven things.

  • taking credit for Obama’s accomplishments
  • taking credit for averting dangers that never existed
  • profiteering
  • changing the electorate
  • winking at right-wing paramilitary groups
  • subverting government agencies for political advantage
  • paying Putin back

All in all, I think in hindsight, not a bad list.

and you also might be interested in …

If you don’t care about actual civil rights, you need to make up something else for your civil rights offices to do. HHS is going to task its office to protect healthcare workers who have moral objections typical of conservative Christians — not wanting to participate in abortions or in transgender patient transitions, for example.

The pending rule would establish a new Conscience and Religious Freedom Division of the HHS civil rights office that would conduct compliance reviews, audits and other enforcement actions to ensure that health care providers are allowing workers to opt out of procedures when they have religious or moral objections.

The new office “would be empowered to further shield these workers and punish organizations that don’t allow them to express their religious and moral objections”.

Since it’s impossible to make allowance for everything that someone might claim is part of their religion — what if a Jehovah’s Witness EMT doesn’t want to participate in blood transfusions? what if a pharmacist has a religious objection to insulin manufactured through genetic engineering? or to any drug whose testing process involved killing animals? — there is literally no way to implement such a policy without favoring some religions over others. In practice, the moral objections of Baptists and Catholics will be seen as serious and reasonable, while those of less popular religions will get consideration only to the extent that popular religions share them. The moral objections of atheists will be ignored completely, since they’re not “religious”.

In short, having a religion (especially a popular one) gets you special rights.


In any other administration, it would be a major scandal if the president paid off a porn star not to talk about their affair. For Trump, it barely registers. I look at religious-right Trump supporters like Rev. Robert Jeffress and wonder what they’d be saying if The Wall Street Journal had written the exact same story about Obama.

BTW: I think it’s a low blow to point out the resemblance between Stormy Daniels and Ivanka. Probably they both look like a younger version of Ivanka’s mom, who Trump marrried. There’s a quote in Daniels’ article in In Touch that can be spun in an incestuous way, but it’s not obvious Trump meant it like that, even assuming he actually said it.


Trump got a physical from a well regarded Navy doctor, who pronounced him basically healthy. In particular, he passed a cognitive-function test. Admittedly, that test is not hard. But it would catch a lot of the kinds of dementia people imagine Trump has.

I never put a lot of stock in the Trump-has-dementia narrative, and to the extent I ever did, I’m going to stop talking about it. To me it’s like the Bush-is-stupid narrative that popped up so often during W’s administration. Bush was not stupid, he just had no interest in most of the topics we expect presidents to stay on top of. Probably if you talked to him about baseball, you’d be surprised how much he knows.

I suspect something similar about Trump: He has an unfocused mind, like a lot of people do. It’s hard for him to dig deeply into any subject, and the only topic that really interests him is himself. He indulges in wishful thinking, and refuses to let facts or expert opinions change his mind. These are all serious deficiencies in a president, but there’s no reason to think they point to a medical problem. His faults get more pronounced as he gets older, but that also is not unusual. Your uncle who was cantankerous at 50 is probably even more cantankerous at 70; that’s not a sign of insanity, it’s just how people age.

Earlier this month, Josh Marshall got this issue right: The important thing is what Trump does, not why.

All the diagnosis of a mental illness could tell us is that Trump might be prone to act in ways that we literally see him acting in every day: impulsive, erratic, driven by petty aggressions and paranoia, showing poor impulsive control, an inability to moderate self-destructive behavior.

There’s no need to argue about hidden causes when the effects are more important and so plain to see.

This interview with psychiatrist Allen Frances is well worth reading. He discusses both Trump (who he describes as bad rather than mad) and the people who support him. He advocates more political action from the public, rather than hoping that some cabal within the administration will use a psychological diagnosis to invoke the 25th amendment.


As a commenter pointed out last week: Most of the Americans who retire to Mexico are undocumented.

One 2015 study from Mexico’s National Institute of Statistics and Geography reveals that a stunning 91.2 percent of Americans in the country don’t have their papers in order.


Still no one knows what Trump’s inaugural committee did with the $107 million it raised. Obama’s committee put on a bigger show for more people with half as much money, so either somebody made a huge profit or there’s a $50 million dollar slush fund out there somewhere.

but you should listen to Jay Rosen

One my favorite news-media observers is Jay Rosen from NYU. His summary of how the news media has responded to Trump’s first year is the first half of this episode of the Recode podcast. He was interviewed on Recode last year, and made a number of observations that other news people eventually came around to — like that there was really no point in interviewing Kellyanne Conway, since it was impossible either for the journalist or the readers/viewers to pull any trustworthy information out of the mass of disinformation you would get from her.

In this interview, he talks about the press’s loyalty to “rituals” that no longer serve a purpose in the Trump era. The press continues to fight for access to the White House “because that’s what the White House press corps does”. But even scoring the ultimate access — an interview with the President himself — does practically nothing to keep readers/viewers informed.

The whole purpose of interviewing a sitting president is that you can find out about their thinking, you can illuminate their policy choices, you can dig a little deeper into what they plan to do. That assumes that the president has policy ideas.

In an interview situation, [Trump is] just saying what — at the moment — makes him feel like the best, the biggest, the greatest, the brightest, the richest, the most potent. He’s just saying whatever comes to his mind as the most spectacular boast he can think of. It doesn’t necessarily mean anything about his policies.

He criticized the press for continuing to project normality onto Trump, for example, by talking about his “foreign policy” as if there were such a thing.

One of the more interesting parts of the interview was when the interviewer (Peter Kafka) brought up Rosen’s previous statements that the press should “listen” to the American people more. Kafka related it to the various articles we have seen in which reporters go interview Trump voters in rural areas they don’t usually cover. Rosen agreed that some good journalism came out of that effort, but said it wasn’t what he had meant. He backed up to talk about a distinction (attributed to sociologist C. Wright Mills) between “troubles” and “issues”.

“Troubles” are the things that bother people in their lives, that they talk about at night over the kitchen table, the things that they are actively worried about. “Issues” is what the political system does to run elections and win coalitions. And his point is that when Issues don’t speak to Troubles, and Troubles don’t connect to Issues, you have a crisis in democracy.

So my point was not that journalists should just go out and listen to the Trump voters because they got the election wrong. It was that if journalists could somehow listen to people’s Troubles in a new and more potent way, then they would be in a position to represent those people better than the political system does when it fashions them into Issues. Now that’s a deeper and more ambitious project than “Let’s check in with Trump voters in Pennsylvania and West Virginia to see if they still support Donald Trump.”

I think we saw a lot of that kind of parachuting into Trump Country, which is sort of an anthropological — or some people said “zoological” — exercise. We saw a lot of that. But what I was talking about was trying to kind of recover authority by understanding the Troubles that led to the results that we saw in 2016.

and let’s close with something adorable

The world’s smallest cat lives in Sri Lanka and when fully grown, weighs about a kilogram.

Lies, Damned Lies, and Trump-Administration Terrorism Statistics

If you define your categories just right, you can create the illusion that Trump’s Muslim ban has something to do with terrorism, and justify an irrational fear of immigrants.


Last February, President Trump told a lie to a joint session of Congress:

According to data provided by the Department of Justice, the vast majority of individuals convicted of terrorism and terrorism-related offenses since 9/11 came here from outside of our country.

He used this claim to justify his executive order to keep people from seven (later reduced to six) Muslim countries out the United States.

Tuesday, the Departments of Homeland Security and Justice published a report to back up Trump’s lie. The Lawfare blog explains how you have to manipulate the data to support Trump’s claim and his executive order:

  • Substitute “international terrorism” for “terrorism”, so that you can ignore all the instances of domestic terrorism, where most of the perpetrators are native-born. When Wade Michael Page killed six people at a Sikh Temple in Wisconsin, for example, that would probably have been classified as domestic terrorism (if Page hadn’t short-circuited the legal process by killing himself). Dylann Roof’s shooting of nine at a black church in Charleston wasn’t classified as terrorism at all; it was a hate crime. Nobody knows what to call the Las Vegas shooting, but if shooter had been from Yemen it would of course count as “international terrorism”. The report considered only federal convictions, but according to another Lawfare analysis: “Other crimes that could easily fall under the domestic-terrorism umbrella are charged at the state level, making them even more difficult to track.”
  • Include nearly 100 foreign-born terrorists who didn’t come here, but were extradited here so that we could prosecute them. Imagine that we hadn’t killed Osama Bin Laden, but instead had brought him to New York and convicted him of conspiring in the 9-11 attacks. The HS/DoJ report would then count him as a foreign-born convicted terrorist. In addition to such foreign conspirators whose role in terrorism didn’t involve entering the U.S., our terrorism laws also cover attacks against American citizens on foreign soil, where American border security isn’t relevant in any way at all. So if Ahmed Abu Khattala is convicted of participating in the Benghazi attack, he will count as a foreign-born convicted terrorist also.
  • Fudge the difference between foreign countries in general and the ones mentioned in the travel ban. Even if you accept HS/DoJ’s skewed set of categories, the resulting analysis doesn’t support Trump’s executive order. Lawfare says: “The six listed countries are not among those with the greatest representation on the list of terrorism-related convictions from 2001 to 2015. Only one — Somalia — is even in the top five, and it ranks fifth.” For example, Saudi Arabia (not on Trump’s list) accounted for 15 of the 19 9-11 hijackers. None of the other four came from listed countries.

So what would happen if you did an honest analysis of the foreign-born role in American terrorism? Lawfare’s Nora Ellingsen and Lisa Daniels  found some of the flaws in the data too difficult to overcome (like the domestic terrorists charged under hate-crime and other non-terrorism laws), but ignoring those problems (which they admitted would still make their numbers too high), they made an attempt back in April.

So what would the numbers look like if we excluded extradited subjects while including all of these domestic terrorists—the approach that seems to us the unbiased way to express the real rate at which foreign-born, as opposed to domestic-born, people are committing terrorist or terrorism-related crimes?

If we clean up the data to account for the issues described above, instead of accounting for between 63 and 71 percent of terrorism convictions, foreign-born persons would likely account for only 18 to 21 percent of terrorism convictions.

Quartz pointed to another problem: Both the HS/DoJ report and its clean-up by Lawfare count not just acts of terrorist violence, but also “terrorism-related” crimes that could be just about anything.

[T]he vague term “terrorism-related charges” inflates numbers by including not just people who broke laws “directly related to international terrorism,” but others who were convicted of totally unrelated offenses, such as fraud or illegal immigration in the course of a terrorism-related investigation. … One example of how this can happen is the case of three Middle-Eastern grocers who were convicted for stealing boxes of Kellogg’s cereal in 2000 — but remained on the list of terrorism-related cases because the Federal Bureau of Investigation questioned them after a source inaccurately tipped agents that the three men had tried to buy a rocket-propelled grenade.

Another problem in the data: Maybe the Feds find so many “terrorism-related offenses” among people born in Muslim-majority countries because that’s where they’re looking. For example, the HS/DoJ report tells about Uzair Paracha, a Pakistani convicted of “providing material support to al Qaeda”. He was never connected to any actual act of terrorism, but was convicted of helping somebody whose hazy plans “to attack gasoline stations” never got specific enough to carry out. (The plot to bring him back into the U.S. failed, but exactly what he would have done if he got here is unclear.) The somebody “discussed” giving Paracha and his father $200K in exchange for their help, but the money never actually changed hands, and maybe never existed in the first place.

I have to wonder: If the Feds went after domestic terrorist groups with equal vigor, if they put all known white supremacists under constant surveillance and interpreted every big-talker’s violent fantasy as a “plot” that turned all his listeners into “conspirators”, how many additional terrorism-related convictions could they add to their total? (Dear FBI: In bars, I have materially aided plots against the Koch brothers by buying the next round. None of us had any weapons or knew exactly where the Kochs live, but if stuff like doesn’t matter, we’re guilty.)

In short, the numbers in the report really have nothing to do with the terrorist tendencies of immigrants or refugees, and say nothing about whether we need to change the way we let foreigners enter the United States. They’re just artifacts of the way the terms are defined. They do not at all support the White House’s subsequent claim that “Our current immigration system jeopardizes American security.”

And finally, the Cato Institute’s Alex Nowrasteh puts the whole foreign-born terrorism problem in context:

[Between 1975 and 2015], the chance of an American being murdered by a foreign-born terrorist was 1 in 3,609,709 a year. The chance of an American being killed in a terrorist attack committed by a refugee was 1 in 3.64 billion a year. The annual chance of being murdered by somebody other than a foreign-born terrorist was 252.9 times greater than the chance of dying in a terrorist attack committed by a foreign-born terrorist.

So if the Trump travel ban isn’t about terrorism, what is it about? Nativism.

What picks those countries out is that their residents are largely non-white Muslims, and (unlike Saudi Arabia, which is a much larger source of both terrorists and material support for terrorism) the Trump Organization has no business interests there. If you think of America as a white Christian nation, and worry that it’s losing that identity, then you don’t want people coming here from Iran, Libya, Somalia, Sudan, Syria or Yemen.

If you’re also against letting in brown-skinned Spanish-speakers from Mexico or Central America, you’re happy to lump them in with the “foreign-born” as well. That’s all that’s going on here.

The Monday Morning Teaser

So the government shutdown is official now: It’s Monday morning and a bunch of people aren’t going to work.

As I always say, a weekly blog can’t do breaking news very well. If you want the absolute latest on what deal is being negotiated or how likely it is to pass, check CNN or the Washington Post.

Immigration is at the heart of the shutdown battle, especially whether Trump will start deporting the Dreamers in March. He has said he doesn’t want to do that, but he also hasn’t gotten behind any agreement to let them stay. As Democrats insist on making them part of a budget deal, Trump’s rhetoric has shifted to lumping them in with all “illegal immigrants”, which he has been blaming for crime and terrorism since he started running for president.

The featured post is an answer to one recent piece of that: a recent Homeland Security/Justice Department report that supposedly backs up Trump’s claim that “the vast majority of individuals convicted of terrorism and terrorism-related offenses since 9/11 came here from outside of our country”. But the claim is a lie, and so the report can only back it up by doing some truly egregious manipulation of statistics, as I’ll explain in “Lies, Damned Lies, and Trump Administration Terrorism Statistics”. That’s pretty much done and should be out soon.

There may or may not be a second featured post, which is my way of saying that I had an idea, but may not get it together in time. The idea was to mark Trump’s first year by looking back at the post “The Trump Administration: What I’m Watching For“, which I wrote two weeks after the election, and see whether the things I was worried about came to pass. (In general, yes.) A shorter version of that may get folded into the weekly summary, or I might push it off until next week.

The weekly summary will have the nuts-and-bolts of the failure to avoid a shutdown — no, I have no clue how long it will last — together with a bunch of other stuff that isn’t getting much attention. (Can you believe how fast everybody stopped talking about Trump’s lawyer paying off a porn star not to talk about their affair? If that story had been about Obama, it would have been THE big scandal of his administration. We’d still be talking about it years later.)

In particular, I want to call your attention to an interview with Jay Rosen, one of the best observers of the news media; he points to the difference between Troubles (what people worry about in their lives) and Issues (what the political debate is about) and observes that “when Issues don’t speak to Troubles, and Troubles don’t connect to Issues, you have a crisis in democracy”. If you want to sum up the background situation that made Trump’s election possible and allows his administration to be such a threat to America-as-we-have-known-it, you really can’t do much better.

The uncertainty about the second featured post means that I don’t know when anything will appear, other than the terrorism-statistics post, which will be out soon.

Undertones

The immigration debate has always carried with it an undertone of racism. I’m not attributing this to everyone who holds the position, but there’s a sense in which [opposition to] immigration is driven by a deep anxiety about the browning of America. That “how will we stem the tide?”, that “this is no longer a white nation.” … What Trump did yesterday was to make explicit the racist undertone of this debate.

– Eddie Glaude, speaking on MSNBC’s “Morning Joe” (1-12-2018).

This week’s featured post is “The Real Immigration Issue“.

On MLK Day, I always like to link to a piece I wrote in 2013 to warn conservatives against cherrypicking King’s quotes. The real Martin Luther King was a radical: “MLK: Sanitized for Their Protection“.

This week everybody was talking about shithole countries

(More about this in the featured post.) Even in a presidency full of jaw-dropping moments, Trump’s statement about “shithole countries” was extreme.

Trump made the remarks Thursday during a meeting with lawmakers in the Oval Office in which they discussed protecting immigrants from Haiti, El Salvador and African countries as part of a bipartisan deal on the status of undocumented young U.S. immigrants, The Washington Post reported.

“Why are we having all these people from shithole countries come here?” Trump said, according to people in the room, including Sen. Richard J. Durbin (D-Ill.). Trump then reportedly suggested that the United States instead should bring in more immigrants from countries such as Norway.

The most appalling thing here is not Trump — at least not any more; it’s not news that he’s a racist, or that he expresses himself crudely, or that his presidency is a constant embarrassment to the United States of America — it’s how few conservative or Republican voices speak out against him, even when he is so clearly in the wrong. For example, most members of his council of evangelical advisors made no comment, and the ones who did were supportive, like Baptist mega-church pastor Robert Jeffress:

“I support his views 100 percent, even though as a pastor I can’t use that language.” The United States, Jeffress said, has every right to restrict immigration according to whatever criteria it establishes, including race or other qualifications. “The country has the right to establish what would benefit our nation the most,” he said. “I don’t think there’s anything racist about it at all.”

You read that right: Explicitly screening immigrants according to race would not be racist. What rabbit hole have we gone down here?

Jeffress was not alone in seeing a problem of bad language rather than evil intentions. Others saw only Trump’s style, which is just different from what previous presidents have led us to expect. Fox News’ Jesse Watters:

This is how the forgotten men and women in America talk at the bar. This is how Trump relates to people.

There’s a core of truth there, but Watters is leaving out something important: This is how racists talk at the bar, and how Trump relates to racists.

James Fallows imagines if previous presidents had acted like Trump.

Suppose, contrary to known (to me) fact, Eisenhower had said to Senators in WH meeting during Little Rock school deseg controversy, “why are these n****s so pushy and demanding?” Suppose that legislators meeting JFK, LBJ, or even Nixon at WH during nonstop 1960s civil-rights tensions had heard a sitting president refer to black neighborhoods as shitholes or used code word ‘Nigra.’ Those comments would *certainly* have “connected with the base” in states that were fighting de-segregation. They would have reflected what “a lot of people were thinking.”

But I don’t think you’d have found (or would find, if you went back and looked) *mainstream* news outlets that would explain away, from a sitting president, outright racist language. This kind of “connecting with the base” rationalization is a new thing, and bad. Every civilization has ugly elements, which leaders are supposed to help their society rise above rather than egg on.


The one positive thing to come out of this: The mainstream media debate over whether it is proper to describe Trump’s remarks or Trump himself as “racist” seems to be over: They are and he is.


At first the White House didn’t even deny Trump’s comment. Its initial statement said that “Certain Washington politicians choose to fight for foreign countries, but President Trump will always fight for the American people.” Eventually, Trump got around to denying it sort of, and a few of the Republicans in the room backed him up. The striking thing to me, though, is that most of the people in the room were Republicans, and only a handful of them defended their president. Lindsey Graham didn’t specifically quote Trump, but more-or-less backed up the published accounts of the meeting.


I’ll give the last word on this to the Nazi website, The Daily Stormer, as quoted by The Hill:

This is encouraging and refreshing, as it indicates Trump is more or less on the same page as us with regards to race and immigration.

and the Hawaiian false alarm

I can’t decide whether the explanation is totally believable or totally unbelievable:

Around 8:05 a.m., the Hawaii emergency employee initiated the internal test, according to a timeline released by the state. From a drop-down menu on a computer program, he saw two options: “Test missile alert” and “Missile alert.” He was supposed to choose the former; as much of the world now knows, he chose the latter, an initiation of a real-life missile alert.

Couldn’t somebody have designed in one of those “Are you sure you want to do this?” boxes? If there’s a Doomsday Device somewhere, I hope its user interface is more forgiving.

Anyway, cellphones all over the state got a text: “BALLISTIC MISSILE THREAT INBOUND TO HAWAII. SEEK IMMEDIATE SHELTER. THIS IS NOT A DRILL.”

A more detailed message scrolled across television screens in Hawaii, suggesting, “If you are indoors, stay indoors. If you are outdoors, seek immediate shelter in a building. Remain indoors well away from windows. If you are driving, pull safely to the side of the road and seek shelter in a building or lay on the floor.”

The false warning sparked a wave of panic as thousands of people, many assuming they had only minutes to live, scrambled to seek shelter and say their final goodbyes to loved ones. The situation was exacerbated by a 38-minute gap between the initial alert and a subsequent wireless alert stating the missile warning was a mistake.

and DACA

The “shithole countries” remark came during a meeting in which Dick Durbin and Lindsey Graham were presenting a bipartisan compromise to avoid deporting the Dreamers, now that the program through which President Obama had protected them (DACA) has been ended by President Trump. Trump rejected their proposal, but so far there isn’t any other plausible plan out there.

DACA is one of many issues in a larger negotiation aimed at avoiding a government shutdown, which is otherwise is scheduled for Friday. The “shithole” meeting came two days after a televised meeting with lawmakers of both parties, in which Trump at various times put forward all possible positions.

538’s Perry Bacon thinks he knows what the ultimate compromise has to look like:

Even with the divides in both parties, the potential outlines of a bipartisan deal on immigration are obvious: some kind of permanent legal status and path to citizenship for Dreamers but with limits on their ability to sponsor relatives who also want legal status; an expansion of the physical barriers between the United States and Mexico; and the hiring of some additional border agents and other immigration enforcement personnel.


Meanwhile a court delayed the end of DACA by ordering the administration to keep renewing permits while the court rules on the legality of Trump’s order.

and Oprah 2020

Oprah’s speech at the Golden Globes, which I also linked to last week, started speculation about whether she wants to be president. That, in turn, sparked much pro-and-con arguing among Democrats. Some Democrats like the idea of challenging Trump with a better outsider: more famous, more accomplished, smarter, more articulate, more in touch with ordinary Americans, and just generally a better human being. Others hate the idea of nominating an inexperienced celebrity: Government is a serious profession, and calls for people who know what they’re doing; the fact that the Republican electorate decided to be irresponsible in 2016 is no reason for us to be irresponsible too.

Count me in the middle here. I get the attraction of Oprah 2020. If I could custom-design a Democratic candidate to run against Trump, I think a charismatic black woman who already has a following among whites might be a good start. I’m surprised that there might be one available.

The question is how much we should be willing to give up to get those features. I’m willing to give up a little, but not a lot. Specifically, I would run Candidate Oprah through the same tests as any other candidate. She’ll have to articulate a vision, show mastery of the issues, and lay out some detailed programs before I’d consider voting for her. (In 2016, Trump did have a vision — a reprehensible one — but he never demonstrated an understanding of issues or programs. He still hasn’t.)

Her lack of government experience is a factor, but not a decisive one for me. Over the centuries, the Presidency has grown to be such a big job that in fact no one is qualified for it, not even someone as smart and experienced as Hillary Clinton. Our system requires us to vote for an individual, but in practical terms we are always electing a team. While it’s true that Trump doesn’t know what he’s doing, the larger problem is that Team Trump also doesn’t know what it’s doing, and even when it does, Trump won’t leave his subordinates alone to do what they know how to do. (That’s a big piece of the lesson from Fire and Fury.) That’s why, for example, the administration keeps putting out executive orders that the courts overturn, and issuing directives that the generals refuse to implement. It’s also why there still is no Trump healthcare plan.

So Oprah’s inexperience would cause me to look more skeptically at Team Oprah, but I’m willing to be convinced if collectively they stand for something I can support and demonstrate varieties of expertise that Oprah lacks as an individual.

A lot of the anti-Oprah writers point to the pseudoscience that her TV show frequently promoted. Again, I see that as an issue, but not an insurmountable one: Her TV show was intended to engage people’s interest with ideas they weren’t seeing elsewhere, not to establish government policy. So I would be watching her campaign to see if similar tendencies emerged. Candidate Oprah would of course be asked about politically relevant science issues, and her answers should be critically examined. But if the answers she gives as a candidate stand up to scrutiny, if (unlike Trump) she shows appropriate humility and appreciates that she needs to lean on expert advice, I wouldn’t hold against her the stuff she promoted as an entertainer.

but you should pay attention to gerrymandering

A variety of cases are making their way up the ladder of federal courts. TPM has a good explanation of where they are and what they mean. The Texas case is about racial gerrymandering to limit the influence of Hispanic voters. But the North Carolina case opens a new front by directly confronting partisan gerrymanders, whether they are racially motivated or not. (As we increasingly have a party for whites and a party for non-whites, it’s hard to tell the difference.)

In 2012, Republicans won just 49 percent of the statewide vote but snagged nine of 13 House seats. Two years later, with 54 percent of the vote, they won 10 of 13 seats.

and you also might be interested in …

Trump continues to threaten to pull out of President Obama’s nuclear deal with Iran, but not to do it. Our side of the deal involves waiving sanctions against Iran, which the President needs to do every 120 days. Trump waived the sanctions again, but warned that this is the last time.

He continues to promise his base that he will get a new deal that is tougher on Iran. But no one else seems to think this is likely. In fact, Obama’s deal does important stuff:

Under the agreement, Iran agreed to eliminate its stockpile of medium-enriched uranium, cut its stockpile of low-enriched uranium by 98%, and reduce by about two-thirds the number of its gas centrifuges for 13 years. For the next 15 years, Iran will only enrich uranium up to 3.67%. Iran also agreed not to build any new heavy-water facilities for the same period of time. Uranium-enrichment activities will be limited to a single facility using first-generation centrifuges for 10 years. Other facilities will be converted to avoid proliferation risks.

None of our allies involved in the deal have expressed an interest in pulling out. The European Union’s chief foreign affairs representative, Federica Mogherini, said on Thursday:

The deal is working, it is delivering on its main goal which means keeping the Iranian nuclear program in check and under close surveillance. Iran is fully complying with the commitments made under the agreement.


Thanks to a Trump pardon, Joe Arpaio isn’t in jail. So why shouldn’t he be a senator? If you want background, I suggest Rolling Stone’s 2012 article “The Long, Lawless Ride of Sheriff Joe Arpaio“. Arpaio represents not “law and order”, but blatant bigotry acting in defiance of law and order.


Fascinating case in New Hampshire: The Border Patrol found marijuana by conducting no-probable-cause searches that would be illegal under New Hampshire law, and would also be illegal under federal law anyplace that wasn’t within 100 miles of a border. They turned the weed over to local police in Woodstock, NH, who charged the possessors with a crime. A state court now has to determine whether the evidence is admissible.

At stake is the possibility that American freedoms might seriously erode within a 100-mile band around the border. Already the Border Patrol can set up random checkpoints anywhere in that 100-mile band and ask for your ID. (I know a naturalized U.S. citizen from the U.K. who was stopped on an interstate highway in Vermont. He wasn’t driving, so he didn’t think he needed to be carrying his driver’s license. But his British accent created a problem that took some time to clear up.) It’s one thing to be asked to ID yourself and answer some questions when you cross the border. But if you just live near a border, you can be going about your everyday business and suddenly find yourself under search. If anything they find can be turned over to local police for prosecution … that doesn’t sound much like America, does it?

and let’s close with one last dance

iHeartRadio put together a celebration of performers who died in 2017, assembling clips of them dancing.

The Real Immigration Issue

“Illegal” immigration has always been a red herring. The more fundamental question is whether the United States will continue to be a country dominated by English-speaking white Christians.


When an issue sharply divides America, we tend to avoid discussing our real division, and instead fight proxy wars about side issues. So, for example, our legislatures and our election campaigns seldom engage the real debate about abortion: A large chunk of the country strongly believes that abortion is a difficult decision that a pregnant woman needs to make for herself, possibly in consultation with her husband, parents, friends, and doctors. Another large chunk believes that abortion is a form of murder and so the government should forbid it, possibly punishing the people involved.

But day-to-day, neither of those positions is discussed by our pundits or politicians. Instead, they raise smaller, related issues that they hope will push the battle lines in the direction they want: Should late-term “partial birth” abortions be legal? Should abortion be legal after a fetus has a detectable heartbeat or can experience pain? (And when is that?) Should abortion (or forms of birth control that could result in the loss of a newly-fertilized ovum) be covered under Medicaid or ObamaCare? Such debates are like the occasional shooting wars that erupted out of the Cold War. The underlying struggle — the U.S. vs. the U.S.S.R. — always stayed under wraps, while the actual battles were fought in Korea or Vietnam or Angola.

For a long time, something similar has been going on with regard to immigration. Anti-immigration politicians and pundits want to talk about “illegal” immigration: the people (usually estimated to number around 11 million) who live in the U.S. without official permission. Some sneaked across one of our borders and have never had any legal status, while an almost equal number came through our ports-of-entry legally as tourists and then overstayed their visas. But however they got here, the anti-immigration folks say, they should leave. It’s nothing personal or racial; it’s just about the rule of law and maintaining border security. And even more than the generic undocumented immigrant, they want to talk about criminals like the M-13 gang, the people President Trump primarily blames for the “American carnage” he made the centerpiece of his inaugural speech.

Meanwhile, pro-immigration politicians and pundits want to talk about the Dreamers: undocumented residents who were brought here as children and know no other country. Or about refugees who came (or want to come) from Syria or Haiti or some other country stricken by natural disaster or war. Or Latin American children whose parents sent them away to America rather than see them forced to become either soldiers or prostitutes for local drug gangsters. Whatever your views on immigration in general, pro-immigration voices say, these are human beings in trouble who deserve our compassion.

It’s easy to get drawn into the details of any of these issues, and find yourself listing victims of illegal-immigrant crime, or correcting misconceptions about DACA or the refugee-screening process. But it’s always worthwhile to remember that these aren’t the fundamental issues; these are proxy wars, and the energy behind them comes from somewhere else.

The more important groupings, the U.S/U.S.S.R. of this struggle, look more like this:

  • One side likes living in a multi-cultural society, and believes that America is stronger because it draws ambitious, freedom-loving people from all over the world.
  • The other side sees the U.S. as a white, Christian, English-speaking country. They believe we can tolerate and assimilate a certain number of people who don’t fit that description, but beyond a certain point (and we’re getting well beyond it now) we will lose our national identity.

Occasionally, some comparatively trivial comment draws the line between these two groups very sharply. For example, when the founder of Latinos for Trump said: “My culture is a very dominant culture. It is imposing and it’s causing problems. If you don’t do something about it, you’re going to have taco trucks on every corner.”

The second group knew exactly what he was talking about: The America they grew up in is in danger of being overrun by people who eat differently, speak differently, and probably live totally different lives than they do. “I’m losing my country,” they believe. But the first group responded to the taco-truck vision with something like: “That would be fabulous. I can never find taco truck when I want one.” Or a truck that sells falafels or sushi or samosas.

Unsurprisingly, this is largely a rural/urban split. If you grew up someplace like San Francisco or New York City, being surrounded by people of all colors chattering in all sorts of languages feels normal, and the idea that this represents a threat to the essential identity of America seems absurd. (Whites are already a minority in California. But when I’ve been there, it still feels like America to me.) But if you’re accustomed to living in a small town that has only recently begun to have a sizeable non-white minority, that not-like-us presence can seem dangerous. Who knows what is going on inside those mosques and temples, or what is being discussed in those foreign languages? Maybe they’re insulting us, making fun of us, or plotting some violence against us. How would we know?

The result is a bit perverse: The native-born English-speaking whites who seem to be in the most danger of being overrun by immigrants — the ones in the polyglot cities — are precisely the ones most comfortable with a vision of a multi-cultural future. But those in the least danger are the ones easiest to rile up against Sharia law or M-13 gangsters or taco trucks on every corner.

The Trump administration has consistently put forward policies that reflect the nativist, keep-America-white position. But they  haven’t promoted it openly, hiding instead behind rhetoric about illegal or criminal immigrants. However, look at what they’ve done:

All of these actions are directed at legal immigrants and visitors. They submit (or have submitted) to a legal process, we know who they are, we have a chance to investigate them. We just don’t want them here.

Even with regard to undocumented immigrants, the Trump administration’s actions belie its rhetoric. The rhetoric is all about criminals, “really bad dudes” as Trump has said many times. The reality is quite different. ICE frequently targets undocumented people living otherwise normal lives, supporting families by working exhausting low-wage jobs. This week, ICE launched a nationwide campaign of raids not on drug dens or underworld hangouts, but on 7-Elevens — 98 stores in 17 states. That brown-skinned girl making your Slushie is the threat Trump wants to protect you from.

Unless some deal is reached — and Trump insists on getting a price for this “concession” — the government is going to start deporting Dreamers in March. (Or at least it was, until a court ordered the administration to keep taking renewal applications. “These allegations raise a plausible inference that racial animus towards Mexicans and Latinos was a motivating factor in the decision to end DACA,” the judge wrote. The administration is obeying the order while it seeks to reverse it on appeal.) There is nothing criminal about Dreamers; the decision ignore the legal immigration process was their parents’, and a felony or significant misdemeanor would make them ineligible. They are no threat to national security or public order. The only reason to expel them is that Americans don’t want them. Or at least some Americans don’t.

We can only hope that Trump’s recent comment about “shithole countries” will shift the immigration debate onto the fundamental issue that is really at its core: Is America a set of ideals that anyone can adopt, or is it an ethnic tribe you need to be born into? Is it about a democratic form of government pledged to defend individual rights? Or is it about being white, speaking English, and loving Jesus?

Because what Trump was questioning at the time were plans for legal immigration from Africa, from Haiti, and from El Salvador. “Why are we having all these people from shithole countries come here? … Why do we need more Haitians?” He then asked why we couldn’t have more immigrants from countries like Norway instead. [1]

It’s not that we have no room left for immigrants, it’s that they’re wrong color. They don’t fit the “ideal American” stereotype many of us carry around in our heads. They make white English-speaking Christians feel like they’re losing their country.

That’s the real issue. It’s the issue Trump’s immigration policy is based on, why his base stands by him. It’s an issue we need to debate, without getting distracted by the red-herring issues of documentation.


[1] In general, people don’t leave their home countries if life is going well there. That applies to most white Americans also. (Consider, for example, the Irish Potato Famine or the pogroms that brought many Eastern European Jews to this country.) It’s also the answer to Trump’s question about bringing in more Norwegians: Life is good in Norway, so few of them want to come here.

The Monday Morning Teaser

What better way to celebrate Martin Luther King’s birthday than to spend several days discussing whether we want to accept immigrants from the “shithole countries” in Africa, or whether we should instead try to attract more Norwegians?

Ordinarily, I try to follow the principle Rachel Maddow laid out at the beginning of the Trump administration, and not waste too much energy on he-said-a-bad-thing stories. He’s been saying bad things from the beginning, everybody knows he says bad things, and even so, enough people voted for him that the Electoral College was able to make him president.

This bad thing, though, is a little different: It sums up a lot of what his administration has been doing, and breaks through his own misleading rhetoric. Too often, Trump and his followers hide behind opposition to illegal immigration. They pretend that the problem has something to do with national security and the rule of law: We just can’t have all these people ignoring our immigration procedures and coming across our borders without filing the proper paperwork and waiting their turn. Who knows what kind of criminals might be coming in?

But the shithole discussion was about legal immigration: How many people do we want to let in from where? The shithole comment puts a theme around a number of Trump actions that have nothing to do with anything illegal: cutting the number of well-screened war-refugees we’ll accept from Syria, sending back refugees from natural disasters in Haiti and El Salvador, and so on. Those people got in legally, and we know exactly who they are. They haven’t been causing any more trouble than our native-born citizens do.

The problem is that they’re not white. Trump’s America is a country for whites, and especially for English-speaking Christian whites. Every black or brown or Muslim or Spanish-speaking person we let in dilutes that America. It’s not that we’re too crowded, it’s that we should be reserving our open space for more Norwegians and other Europeans.

That’s the point of view that motivates the immigration policies of Trump and his base, and yet it rarely gets discussed openly. Maybe now it will. So this week’s featured post will be “The Real Immigration Issue”.

I’m way behind this morning. (I spent most of the week writing the MLK Sunday sermon I gave yesterday. You’ll see the text eventually.) So it probably won’t come out until 11 or so. The weekly summary — DACA, Oprah 2020, the Hawaiian false alarm, gerrymandering, and some other things — might not be out until 1.

If you want something to read in the meantime, look at a post I wrote in 2013 about the real Martin Luther King, the one who had a radical message for America, and wasn’t the why-can’t-we-all-just-get-along guy that we so often hear about today.

Convictions

Not only would Trump not be president, almost everyone in the campaign agreed, he should probably not be. Conveniently, the former conviction meant nobody had to deal with the latter issue.

– Michael Wolff, Fire and Fury

This week’s featured post is “Visions of a Future Gift Economy“, which discusses Cory Doctorow’s recent novel Walkaway.

This week everybody was talking about Fire and Fury

Michael Wolff’s book shipped Friday, days after excerpts appeared in New York magazine and Wolff’s account of writing the book came out in Hollywood Reporter. I like Masha Gessen’s summary of what the book tells us:

The President of the United States is a deranged liar who surrounds himself with sycophants. He is also functionally illiterate and intellectually unsound. He is manifestly unfit for the job. Who knew? Everybody did.

I’m about 1/4 of the way through Wolff’s book, and I feel a consistent cognitive dissonance as I read it: It’s simultaneously shocking and unsurprising. If not these exact incidents, many similar ones have been reported over and over again. We all knew. We didn’t even have to rely on reporting; Trump’s tweets are not the work of a sound and capable mind, much less the “stable genius” he tells us he is. (What actually stable genius would say such a thing?) Read them yourself.

James Fallows points out that Trump’s unfitness for the presidency was already “an open secret”.

Who is also in on this open secret? Virtually everyone in a position to do something about it, which at the moment means members of the Republican majority in Congress.

They know what is wrong with Donald Trump. They know why it’s dangerous. They understand—or most of them do—the damage he can do to a system of governance that relies to a surprising degree on norms rather than rules, and whose vulnerability has been newly exposed. They know—or should—about the ways Trump’s vanity and avarice are harming American interests relative to competitors like Russia and China, and partners and allies in North America, Europe, and the Pacific.

They know. They could do something: hearings, investigations, demands for financial or health documents, subpoenas. Even the tool they used against the 42nd president, for failings one percent as grave as those of the 45th: impeachment.

They know. They could act. And they don’t.

Josh Marshall:

We are now back on to the feverish debate about whether or not Donald Trump is mentally ill or suffering from the onset of dementia. The most important thing to know about this debate is that it simply doesn’t matter. … All the diagnosis of a mental illness could tell us is that Trump might be prone to act in ways that we literally see him acting in every day: impulsive, erratic, driven by petty aggressions and paranoia, showing poor impulsive control, an inability to moderate self-destructive behavior. He is frequently either frighteningly out of touch with reality or sufficiently pathological in his lying that it is impossible to tell.


Trump fired back by threatening to sue both the publisher and Steve Bannon, which reinforces my belief that he gets bad legal advice. David Graham at The Atlantic explains why a suit is a bad idea. First, suing the publisher is likely to do accomplish nothing more than to increase the book’s sales.

In order to win, Trump would likely have to prove that Wolff and the publisher printed information that they knew was false. In the United States, it’s very hard to win a libel suit against a publisher or media outlet—as Trump knows well, since he has repeatedly complained that libel laws need to be loosened for plaintiffs. Many of the most damaging quotes to emerge from the book so far, like Bannon’s description of the June 2016 Trump campaign meeting with a Russian lawyer as “treasonous,” or aides repeated assessments of the president as unintelligent and distracted, are matters of opinion and not fact, and therefore not subject to libel laws.

Take, for example, the quote where Bannon says Ivanka is “dumb as a brick”. In order to sue Wolff for that, Trump would have to prove not that his daughter is smarter than a brick, but that Bannon didn’t say the quote.

Whether Bannon is vulnerable depends on how sweeping his non-disclosure agreement with Trump is. But even if it’s iron-clad and Bannon’s statements to Wolff violate it, Trump would be foolish to go to court.

If a lawsuit did go forward, however, Trump would open himself up to defense lawyers poring through all sorts of information he probably doesn’t want made public. Presidents are largely immune to litigation while in office, but if Trump initiated a suit, he’d open himself up to discovery.

“It would be an opposition researcher’s dream,” Abrams said. “The sort of discovery which would result from a challenge to this book, which deals with issues as broad as the president’s intelligence, would allow enormous discovery. His college grades! It’s very hard to minimize the potentially relevant areas that discovery could go into.”

Trump tried such a suit once before, in 2007 against the author of the book Trump Nation. It didn’t go well. While being deposed under oath, he was forced to recant 30 public lies.


Stephen Miller creeps me out, so I have not watched his CNN interview, the one Jake Tapper ended early, resulting in Miller needing to be escorted out of the studio. Maybe your stomach is stronger than mine. If I were casting a movie and needed somebody to play a fascist toady, Miller would be hard to top.

and the investigations of Trump

There have been a number of recent developments. The NYT reported Thursday on Trump’s attempts to dissuade Jeff Sessions from recusing himself from the Russia investigation. Anonymous sources say Trump sent White House Counsel Don McGahn to lobby Sessions against recusal, and quote him saying that it was Sessions’ job to “protect” him from the investigation. Trump also talked positively about AGs “protecting” their presidents in an on-the-record interview with the NYT in late December.

Sessions, in turn, reportedly tried to dig up dirt against then-FBI-Director James Comey, presumably to undermine the FBI’s investigation of Trump. Also, notes taken by then-Chief-of-Staff Reince Preibus apparently back up some of Comey’s claims about his interactions with Trump.

All of this supports the theory that Comey’s firing was part of a larger effort to obstruct justice.


The Republican conspiracy theory focused on Fusion GPS and the Steele dossier largely unraveled. The heart of that theory was that the original FBI investigation of the Trump campaign’s possible collusion with Russia was based on the Steele dossier, which was partially paid for with money from the Clinton campaign. If that were true, it would point to a dangerous politicization of the FBI.

But it’s not true. Another NYT scoop says the FBI investigation began with a tip from Australian intelligence: Trump campaign advisor George Papadopoulos (who has already pleaded guilty and is cooperating with Mueller) bragged to an Australian diplomat at a London bar that Russia had dirt on Hillary Clinton. The diplomat initially thought nothing of it, but when such dirt started to come out, he reported the meeting.

Meanwhile, the founders of Fusion GPS published an op-ed saying that Congress already knows better than some of the conspiracy theories that Republican congressmen have been trafficking in, because they have already testified extensively under oath.

Yes, we hired Mr. Steele, a highly respected Russia expert. But we did so without informing him whom we were working for and gave him no specific marching orders beyond this basic question: Why did Mr. Trump repeatedly seek to do deals in a notoriously corrupt police state that most serious investors shun?

What came back shocked us. Mr. Steele’s sources in Russia (who were not paid) reported on an extensive — and now confirmed — effort by the Kremlin to help elect Mr. Trump president. Mr. Steele saw this as a crime in progress and decided he needed to report it to the F.B.I.

We did not discuss that decision with our clients, or anyone else.

They request that Chairman Grassley of the Senate Judiciary Committee release the transcript of their sworn testimony, but Grassley has refused to do so.


Meanwhile, Republicans in Congress seem more interested in punishing the whistle-blowers than in understanding how Russia interfered in the 2016 election and trying to prevent future interference. Senators Grassley and Graham made the criminal referral resulting from the Judiciary Committee’s investigation — against Christopher Steele, the author of the dossier whose contents were leaked to the public a year ago. The only bank records Congress has subpoenaed are those of Fusion GPS, Steele’s employers.


Meanwhile, the Justice Department has become less resistant to political pressure from Republicans. Investigations into the Clinton Foundation and Hillary Clinton’s emails have re-opened. It would be one thing if these investigations were based on some new information, but so far that seems not to be the case. It looks like Benghazi all over again: If the last investigation didn’t find anything criminal, it must be time to launch a new investigation. There appears to be no way to clear the Clintons.

We can’t lose sight of the larger irrelevance of these issues: Bill and Hillary Clinton are private citizens now. If there’s some legitimate reason to investigate or prosecute them, fine. But none of that has any political significance any more, and nothing that might be uncovered about the Clintons would justify ignoring Trump’s law-breaking.

and you also might be interested in …

Oprah’s speech at the Golden Globes.

For too long, women have not been heard or believed if they dared to speak their truth to the power of those men. But their time is up.

Other people are wondering if Oprah’s time is arriving. It’s hard to picture anybody better equipped to channel anti-Trump outrage.


It’s amazing how fast Trump nuclear-button tweet got knocked out of the headlines by other outrageous stuff. The best response to it was Stephen Colbert’s Viagrageddon commercial:


When Susan Collins voted for Trump’s no-billionaire-left-behind tax cut that also repealed ObamaCare’s individual mandate, she insisted that she hadn’t just caved, she had made a savvy deal: In exchange for her vote, she was promised that Congress would pass other legislation to keep the ObamaCare marketplaces from collapsing. Many observers (including me) concluded that she’d been rolled. In fact that additional legislation would never pass; or if it ever did, it would only be as part of a larger package requiring new concessions. Her vote had bought nothing.

Collins was enraged by that assessment, calling it “unbelievably sexist“.

“I cannot believe that the press would have treated another senator with 20 years of experience as they have treated me,” she told reporters. “They’ve ignored everything that I’ve gotten and written story after story about how I’m duped.”

But maybe people wrote that because she was duped. TPM reports:

When Sen. Susan Collins (R-ME) first announced she would support the GOP tax bill that killed Obamacare’s individual mandate, she insisted that three separate health care measures to prop up the Affordable Care Act and protect Medicare recipients be passed before she cast her vote. She then amended her demand, saying the bills had to pass before the tax bill came back from the House-Senate conference committee. She then insisted — after voting for the tax bill — that the policies pass by the end of 2017. When it became clear that wasn’t possible in the face of staunch opposition from House conservatives, she expressed confidence they would become law in January.

Now, Collins is moving the goalposts yet again.

In an interview with Inside Health Policy published Thursday, Collins said she hopes the policies she proposed will pass and be implemented before 2019, when the repeal of the individual mandate is expected to shrink the individual insurance market by several million people and drive up premiums by at least 10 percent.


Drug policy has long been the most obvious place where Republicans abandon their states-rights rhetoric. Drugs are bad, and so laws against them are good, even if they are federal laws that trump more permissive state laws.

In recent years, states like Colorado have relaxed their marijuana laws, to the point that their are retail marijuana shops like Local Product in Denver. At the New Year, marijuana laws changed in California and a few other states. The Obama administration had turned a blind eye to states legalizing marijuana. Federal law still banned it, but the Obama Justice Department decided it had better things to do than fight with states about weed.

The result has been something that Republicans ordinarily would applaud: Entrepreneurs started new businesses and created new jobs. What’s more, legally grown local marijuana keeps dollars in the country and lowers our real balance of payments deficit. (This may not show up in the official stats, because importing marijuana has always been off the books.) MarketWatch — a news site targeted at investors rather than potheads — projects that U.S. marijuana could be a $50-billion-a-year industry by 2026.

But this week Jeff Sessions announced that the oppressive hand of job-killing big-government regulation is coming back. He did not go so far as to order U.S. attorneys to crack down on those who grow or sell or use marijuana, but he rescinded Obama-era hands-off guidelines and instructed them to use their own judgment.

This policy change is expected to crimp the expansion of the legal marijuana industry, making bankers and other investors more skittish about risking their money. It will also give U.S. attorneys, who often go on seek higher office, a new temptation for corruption: Hey, Mr. Marijuana Mogul: Do you want to contribute to my campaign for governor, or should I arrest you?


Speaking of job-killing regulations, Slate points out that some jobs ought to be killed: the ones based on fleecing the public. The article points to the now-reversed regulation requiring financial advisors to act in their clients’ best interests.

Yes, these rules and regulations might technically kill jobs. But which jobs, and in order to accomplish what? Protections of this sort chase dodgy sellers out of the marketplace. If that’s job killing, good riddance.

Deregulation, in turn, paves the way for the return of these jobs for financial snake oil salesman.

Deregulation also spawns the need for regulatory sherpas—self-anointed “experts” hired by frightened members of the public who lack the time and sophistication to test the quality of (newly deregulated) drinking water, food, or prescription drugs.

Does the country really need a cottage industry of private testers and verifiers to help Americans get through the day? These are not jobs we need, nor ones we should want.


Israel’s response to Trump’s announcement that the American embassy will move to Jerusalem is to move further in the direction of annexing the territory it conquered in 1967. The NYT quotes Public Security Minister Gilad Erdan:

We are telling the world that it doesn’t matter what the nations of the world say. The time has come to express our biblical right to the land.

Whenever the Israel/Palestine conflict comes up, it’s worth remembering that there are only four long-term solutions:

  • two sovereign states
  • one democratic state in which all Jews and Palestinians are voting citizens
  • one undemocratic state in which half of the population rules the other half
  • ethnic cleansing

If you’re not for option 1, you’re implicitly for one of the other three.


Remember the commission that Trump established to prove his claim that 3-5 million people voted fraudulently in 2016, so he might have won the popular vote after all? Never mind. Trump disbanded the commission Wednesday. In the tweet announcing his decision, he continued to assert “substantial evidence of voter fraud”, though he has never produced any evidence for that claim.


One of Roy Moore’s accusers just had her house burn down. Maybe it’s a coincidence.


One of the key worries of never-Trump Republicans is coming true: College Republican groups are losing traditional Republicans and being taken over by Trumpists. That’s a trend that could affect the GOP for decades to come.

and let’s close with something remarkable

As any home-owner will tell you, construction projects take forever. Maybe they don’t have to: This house assembles itself in 10 minutes.

 

Visions of a Future Gift Economy

Cory Doctorow’s recent novel Walkaway imagines a world where scarcity is unnecessary and generosity is a feasible way of life.


When you take a mountaintop view that lets all the gritty details blur into insignificance, most of our political arguments come down to two visions of how an economy might function. We might have a capitalist market economy, where good things are scarce and people compete to obtain them (and possibly fail to obtain necessities like food or medical care). Or we might have a socialist command economy, where central planners figure out how the work all of us do is going to produce the goods and services all of us need.

Our current economy is a blend of the two — a mostly capitalist economy sitting over a socialist safety net that is maintained by a tax-supported central government — and our endless political debates are about where the capitalist/socialist boundary should be. Do we want higher taxes and a sturdier safety net, or lower taxes and a flimsier safety net?

There is, however, a completely different third vision, which for most of human history has sounded kind of crazy: an anarchist gift economy, in which people compete not to obtain scarce goods, but to give the most impressive gifts.

Christmas dinner. Gift economies already exist in little niches, on very small scales. For example: the pot-luck family Christmas dinners I remember from when I was growing up. If you approached the dinner like the homo economicus of capitalist theory, you’d bring the minimal dish to get yourself in the door, and then pig out on what everybody else brought. The obvious result, as any economist could predict, would be a tragedy of the commons: Everybody would bring less and less as the years went by, until Christmas became a celebration of scarcity rather than abundance.

If such an outcome didn’t kill Christmas entirely, it would probably lead to a socialist revolution: A central planning committee would make sure we all got enough to eat by telling everyone exactly what to bring, specifying quantity and quality very precisely, and checking that no one cheated. So food would be plentiful again, but even so, the joy of the season might get lost.

In fact, though, neither of those things ever happened. Instead, my aunts competed with each other to bring the most appealing dishes, probably secretly hoping that everybody would eat their food first and only eventually get around to sampling what the other aunts brought. The way you won Christmas wasn’t to get the best deal for your household, it was to give the best gift. As a result, the common table was anything but tragic; we all stuffed ourselves and there was plenty left over.

Sweat and scale. Critics will ask how that example scales up, and they’ll have a point. The general human condition was laid out thousands of years ago in Genesis: “In the sweat of thy face shalt thou eat bread.” Ever since we got kicked out of Eden, good things have required work, and work has been disagreeable. Christmas dinners are one thing, but in general nobody’s going to do the world’s work voluntarily, just so other people can have nice stuff.

Imagine, for example, being a New York gentleman shopping for a shirt around 1850 or so: The raw cotton has come from slaves working under the lash, and has been turned into thread and cloth and finally a shirt in factories where teen-age Irish immigrant girls get respiratory diseases from breathing the lint spewed out by the big machines. None of them would have put themselves through that just to give you a shirt.

And yet, as technology hands more and more of the economy’s grunt work off to machines, gift-economy niches are expanding, especially in any area that involves information or the internet. Wikipedia is a darn good encyclopedia. Linux is a top-notch operating system. They both required huge amounts of human effort to create, but they’re gifts; they exist (and are continuously updated) because people want to make themselves useful, even if they’re not paid for it. [1]

Facebook and other social-media platforms are a fascinating hybrid of economic models: Mark Zuckerberg got fabulously wealthy by putting a capitalist interface around a gift economy. Nobody (other than maybe a few of his personal friends) uses Facebook because they want to interact with Zuckerberg. We use it to see the interesting, clever, and entertaining things other people post for free. Like my aunts at Christmas, we compete with each other to provide more and better free content. The ads that have made Mark a zillionaire are the friction that we tolerate for the chance to give and receive each other’s gifts.

Goods and services. Still, Linux-programming nerds are a special case, and a real economy is more than just clever tweets or cute cat videos. What about services that require time and effort here and now? Will people provide that for free?

Yeah, they will. Look at retired people, especially professionals who did something more interesting than purely physical labor. Often they keep doing similar work on a smaller scale for nothing. Retired public school teachers teach art classes at the community center, or mentor at-risk students one-on-one. Retired business executives give free advice to small start-ups. Retired doctors and nurses help out at free neighborhood clinics, or go off to disaster areas like Haiti after the earthquake or Puerto Rico after the hurricane.

When you ask such people why they stopped working for pay, the answer usually isn’t that they wanted to do nothing; it’s that the jobs available were too exhausting and constraining. The workplace wanted too much out of them, or left too little room for the parts of the job they most enjoyed. Young people describe the same situation from the opposite side: It’s not hard for them to think of ways to use their talents to help people and make stuff, or even for them to get excited about doing so. What’s difficult is figuring out how to get paid for it.

Anyone involved with a volunteer organization knows that people will even step up to do physical labor as long as there’s not too much of it. If you require long hours of drudgery day after day, you’ll have to pay somebody. But if you want a bunch of people to paint the new school or clean out the church basement, you can usually get that done by volunteers. If not for the thought that some big corporation would be making money off of us, I could imagine people volunteering to help at UPS during the holidays, as long as we could do it on our own terms. “Hey, I’m not doing anything Tuesday. You want to go deliver some Christmas presents?”

Material goods. OK, but what about real stuff? Physical things are different from information or services.

But not as different as they used to be. 3D printing is still in its infancy, but it looks like a bridge between the information-wants-to-be-free world of the internet and the sweat-of-thy-face world of physical objects. Most of what you can make now falls under the broad heading of “cheap plastic crap“, but you only have to squint a little bit to see future printers that are more like general fabricators: They’ll use a greater variety of materials, and weave them together on smaller and smaller scales, until we have something approaching the replicators of Star Trek.

In the future, you might acquire a shirt by getting your torso scanned, choosing from a set of designs somebody posted free to the internet, and having your general-purpose home fabricator assemble the shirt molecule-by-molecule, using one or two of your worn-out shirts as raw material. No slaves. No wheezing red-haired girls. Just energy (which you might have gotten free from the wind or sun), computing power (so cheap that it’s barely worth accounting for), and gifts from other people.

It’s a stretch, but you can imagine even food working that way eventually: Get some organic molecules by throwing your grass clippings into the fabricator, and take out a beef stroganoff — or maybe at least some edible substance that is tasty and nutritious. In the meantime, people love to garden or raise chickens or tend bees. A lot of them happily give their surplus away. At the moment, that’s not nearly enough to feed the world. But such small-scale producers might come a lot closer if they didn’t need to have jobs or sell their produce for money. If you needed traditional food merely as a garnish, and got your basic nutrition elsewhere, the gift culture might provide it.

In short, some desirable things — beachfront homes, original copies of Action #1 — might always be scarce and remain part of a market economy. But it’s possible to imagine the market and gift economies switching places: Markets might become niches, as gift economies are now.

Capitalism and the surplus population. Compare the gift economy’s trends to what technology is doing to the capitalist economy. Picture a capitalist economy as a set of concentric circles: The innermost one consists of the relatively small number of people who increasingly own everything. They can afford to get whatever they want, so there has to be a next circle out, consisting of the people who produce goods and services for the rich: food and clothing, obviously, but also yacht designers, heart specialists, estate planners, physical trainers, teachers for their kids, bodyguards, and so on.

It takes a lot of people to provision a single oligarch, but if the central circle is small enough, the next one out will still be just a fraction of the general population. Those second-circle people may not be rich like the central circle, but they will need to be paid enough to buy a number of the things they want. So a third, even larger circle of people becomes necessary to produce goods and services for them.

And so on.

It would be pleasant to imagine that these circles expand forever, each new circle spreading the wealth to the next circle out, until everybody can be paid to do some useful work. But as the inner circle gets smaller and smaller, and as more and more work is done by machines, probably the process ends long before it includes everybody. So you wind up with a final outer circle of surplus population: people the economy has no real use for. It’s not that they have no skills or don’t want to work or have some moral failing that makes them unemployable. It’s just math. The people with money can get everything they want without employing everybody, so a lot of other people wind up as ballast. [2]

If you’re a bleeding-heart type, you might get sentimental about those surplus people. But put yourself in the shoes of an oligarch: The prevailing moral code won’t tolerate just letting the extra people starve, so somebody has to maintain them through either charity or taxes, even though they’re entirely useless. Imagine how you must resent all those parasites, who have no connection to your productive economy, but still want to be supported by it! [3]

Now we’re in the world of Cory Doctorow’s Walkaway.

Walkaway. The novel takes place in the late 21st and early 22nd centuries, by which time several of the trends we can see now have gone much further. Large numbers of people compete for a relatively small number of jobs, and the people who get those jobs are increasingly desperate to keep them. If you weren’t born rich, getting enough training to compete for the good jobs involves taking on debts that you may never get a good enough job to pay off. The economy has contracted around a few major economic centers, leaving large sections of the U.S. and Canada virtually empty.

Increasing numbers of people who get fed up with this situation “go walkaway”: They set out for the empty areas, hoping to find a way to make a life for themselves outside the “default culture”, which the Walkaways come to call Default. Fortuitously, the UN has responded to a variety of refugee crises over the decades by developing technologies that make it easy to establish settlements quickly: cheap wind and solar generators, small fabricators you can use to make bigger fabricators, shelter designs that don’t require skilled construction, and so on. Computing power and internet connectivity are easy to set up, and from there you can get whatever expert advice you need from professionals who find their Default jobs unfulfilling.

Walkaway settlements display that unique combination of order and anarchy you may recognize if you’ve spent any time at Burning Man or an Occupy encampment or working on an open-source project. There are elaborate social processes aiming at consensus, but if you can’t resolve a conflict you walk away from it: Take a copy of the source code and go create your own version of Linux if you want; maybe other programmers and users will come to like your vision better, or maybe not.

The Walkaway lifestyle is a mixture of hardship and abundance. The prevailing aesthetic is minimalistic, but everything you actually need is freely available. If somebody really wants your stuff, let them have it and go fabricate new stuff. If a group of assholes shows up and wants to take over the settlement, walk away and build a new settlement.

Doctorow’s most interesting insights involve the values implied by Default and Walkaway. Default is based on scarcity, and a person’s claim on scarce goods revolves around having special merit. [4] So everyone in Default is constantly striving to be special, to convince themselves that they’re special, and to prove their specialness to others. The hardest thing to adjust to in Walkaway is that you’re not special; you’re like everybody else. But that’s OK, because everybody deserves a chance to live and be happy.

Without spoiling anything, I can tell you that three things drive the plot:

  • An oligarch’s daughter goes walkaway, and he wants to reclaim and deprogram her.
  • Researchers at “Walkaway U” (a loose collection of scientists who mainly need computing power and don’t want their research controlled by oligarchs) solve the problem of simulating brains and uploading a person’s consciousness into software, thereby creating a version of immortality. Not only do the oligarchs want this technology — that would be easy, since nobody is keeping it from them — they want it to be expensive intellectual property that only they can afford to use.
  • Default culture is starting to fall apart, as more and more of the people it relies on stop believing in it. [5]

Default had tried to ignore Walkaway, and then to smear it as a dangerous place full of rejects and criminals. [6] But the plot-drivers cause Default to start seeing Walkaway as a threat.

Reflections on scarcity. One thing I take away from the novel is to be more skeptical of scarcity. Systems tend to justify themselves, so it’s not surprising that a system based on managing scarcity would concoct ways to create unnecessary scarcity. Much of our current culture, I think, revolves around making us want things that only a few people can have. [7] The vast majority that fails to acquire these things are defined as losers, and they/we deserve whatever bitter result they/we get.

Ditto for the idea that work is disagreeable. Maybe we’re making work disagreeable. Because good jobs are scarce, employers can demand a lot and treat workers badly. If, instead, we could fully engage everybody’s talents and energies, maybe the work we each needed to do wouldn’t be that demanding. We might even enjoy it.

So I’m left with a series of provocative questions: What if scarcity isn’t the fundamental principle of economics any more, or won’t be at some point in the near-to-middle future? What if God’s post-Eden curse — “In the sweat of thy face shalt thou eat bread” — came with a time limit? What if our sentence is up?


[1] This blog is a gift: no subscriptions, no ads, no click-here-to-donate buttons, not even a means to collect and sell your data. It’s really this simple: I want to write it and I hope you enjoy reading it. If you want to do me a favor in return, spread my gift to your friends.

[2] Once this process gets started, a vicious cycle makes it worse: The larger the surplus population, and the more capable people it contains, the more competition there is for the available jobs. This drives down wages, and shrinks all the circles further. For example: The less the second circle gets paid, the fewer goods and services it can command. Consequently, the third circle doesn’t have to be as big. And so on.

[3] In case you’re struggling to put words around the flaw in this way of thinking, I already did: The mistake is the assumption that the oligarchs own the world, and that a baby born into poverty has no claim on either the natural productivity of the planet or the human heritage that created technological society. The oligarchs assume they are the sole rightful heirs both of the Creator and of all previous generations of inventors.

[4] Characters in the novel dispose of the “meritocracy” view of capitalist society very quickly: The view is based on circular logic, because “merit” is defined by whatever the system rewards. So Donald Trump is on top because he has merit, but the only observable evidence of his merit is the fact that he’s on top.

[5] The collapse of Soviet Communism is probably a model here. The Soviet system maintained the appearance of vast power right up to the last minute. When people respect you mainly for your power, the first signs of weakness quickly snowball.

[6] Recall the mainstream reaction to Occupy Wall Street.

[7] The archetypal example of this is the the Prize in Highlander: “In the end there can be only one.” Reality TV tells us this story over and over: The Bachelor will pick only one woman. Only one performer will become the next American Idol. And so on.

The Monday Morning Teaser

So I appear to have gotten away with taking Christmas and New Year’s off. For two weeks, the breakneck speed of news during the Trump Era slowed down. For example, Trump did not fire Robert Mueller, in spite of all the rumors predicting that he would as soon as Congress started its holiday break.

Then after New Year’s, it all started up again. Tuesday, in a weirdly hermaphroditic hybrid of implicit sexual imagery, Trump taunted Kim Jong Un by tweeting about the size and functionality of his nuclear button. Wednesday, the first excerpts of Michael Wolff’s new book Fire and Fury hit the internet. The full book came out Friday, and since then the whole administration has been consumed by the need to reassure Trump’s base that in fact they don’t all secretly believe that Trump is a moron and they aren’t all constantly working to corral him as if he were a hyperactive child. (Trump himself announced that he is in fact a “stable genius”, which is something that I can’t imagine an actually stable genius ever saying. The very statement is evidence against itself.)

New evidence that Trump obstructed justice came out, the founders of Fusion GPS shot down the Republican conspiracy theories about the Steele dossier (while daring Senator Grassley to release their sworn testimony to the Judiciary Committee; he didn’t, and instead sent a letter to the Justice Department recommending that they investigate Steele for possible crimes), and congressional Republicans doubled down on the strategy of undermining all the investigations into Russia’s interference in the 2016 election. Meanwhile, Congress is on the clock to avoid a bunch of self-inflicted disasters, like a government shutdown or the deportation of the Dreamers.

So there’s all that to cover, but I’m going to leave it (and a few other things) for the weekly summary. The featured post steps back to take a longer view. Over the break, I read Cory Doctorow’s recent novel Walkway, which envisions a future economy based on giving rather than competing for scarce resources. That sounds crazy, but little niches of the current economy are already based on gifts, and technological trends make their expansion sound somewhat less crazy. As we settle in for the capitalism/socialism death match, it’s worth remembering that those aren’t the only two possibilities.

So “Visions of a Future Gift Economy” should post around 8 EST. I’m less sure about the scheduling of the weekly summary, but I think it will be out before 11.