Friday, February 10, 2017

Andrew Sullivan's New Dish Starts With The Unique Nature Of Trump's Lies

Andrew Sullivan retired his popular blog, The Dish, in 2015.  He's something of a living rebuke to those who want to categorize people.  He's a practicing Roman Catholic, British born American citizen, often labeled conservative, and openly gay among other things.

Today he's marked his public return in a weekly blogpost/column hybrid.

His topic today begins with Trump's lies.  It's not to document them or complain about them individually, but rather to astutely point out that Trump lies differently from other presidents.  Here's a brief excerpt:
I want to start with Trump’s lies. It’s now a commonplace that Trump and his underlings tell whoppers. Fact-checkers have never had it so good. But all politicians lie. Bill Clinton could barely go a day without some shading or parsing of the truth. Richard Nixon was famously tricky. But all the traditional political fibbers nonetheless paid some deference to the truth — even as they were dodging it. They acknowledged a shared reality and bowed to it. They acknowledged the need for a common set of facts in order for a liberal democracy to function at all. Trump’s lies are different. They are direct refutations of reality — and their propagation and repetition is about enforcing his power rather than wriggling out of a political conundrum. They are attacks on the very possibility of a reasoned discourse, the kind of bald-faced lies that authoritarians issue as a way to test loyalty and force their subjects into submission. That first press conference when Sean Spicer was sent out to lie and fulminate to the press about the inauguration crowd reminded me of some Soviet apparatchik having his loyalty tested to see if he could repeat in public what he knew to be false. It was comical, but also faintly chilling.
Let's look at that idea of authoritarians testing loyalty by forcing subjects into submission.  There's a great example of that from Vaclav Havel (the playwright and former president of Czechoslovakia)  in his Power of the Powerless.  I cited it in a 2010 post about TSA requirements on airline passengers.  Havel was talking about how the communists tested the loyalty of shopkeepers.  Here's from History.Hanover's online copy of Power of the Powerless:
"The manager of a fruit-and-vegetable shop places in his window, among the onions and carrots, the slogan: "Workers of the world, unite!" Why does he do it? What is he trying to communicate to the world? Is he genuinely enthusiastic about the idea of unity among the workers of the world? Is his enthusiasm so great that he feels an irrepressible impulse to acquaint the public with his ideals? Has he really given more than a moment's thought to how such a unification might occur and what it would mean?
I think it can safely be assumed that the overwhelming majority of shopkeepers never think about the slogans they put in their windows, nor do they use them to express their real opinions. That poster was delivered to our greengrocer from the enterprise headquarters along with the onions and carrots. He put them all into the window simply because it has been done that way for years, because everyone does it, and because that is the way it has to be. If he were to refuse, there could be trouble. He could be reproached for not having the proper decoration in his window; someone might even accuse him of disloyalty. He does it because these things must be done if one is to get along in life. It is one of the thousands of details that guarantee him a relatively tranquil life "in harmony with society," as they say. 

Sullivan goes on to list some of the most recent bald face falsehoods from Trump.  Then writes:
 "None of this, moreover, is ever corrected. No error is ever admitted. Any lie is usually doubled down by another lie — along with an ad hominem attack."
This is, of course, part of Trump's credo, inherited from his mentor Roy Cohn, that I wrote about in post called, "Attack, Counterattack, Never Apologize." 

Next Sullivan tells us the job of the media and others is to challenge every lie, not go on to another question until the lie is acknowledged.  The risk, he says, to American journalists is far less than it was (and is) to those in other totalitarian nations.

Sullivan's next thrust is Trump's mental health.  We would not accept this behavior from someone in our daily life, he argues with an example of a neighbor who tells obvious lies and forces his family members to do the same.  While we can avoid a neighbor, we can't avoid the president.
"There is no anchor any more. At the core of the administration of the most powerful country on earth, there is, instead, madness."
The emperor has no clothes.

Sullivan then talks about the omnipresence of rulers in autocratic countries and ends with a discussion of the power of faith and the movie Silence.   



Trump is probably used to people in his business 'empire' agreeing to whatever he whatever he says.  We know he has used a mafia like strategy of promises and threats to enforce his view of the world on those outside his empire.

And that's the strategy he's using now as president.

If either one of the houses of congress were not controlled by Republicans, his presidency would have be unraveled already.  Only the courts (of the three branches of government) are standing up to him.  (Which is why the Republicans over the years have been blocking Obama appointments.)  How long can reasonable Republicans hold their noses and support Trump in Congress?

Perhaps the rest of us can propose a permanent monument (as well as support in the next elections) to the first five Republicans in the Senate and the first 25 Republicans in the House to stand up and oppose Trump on a continuing basis.  Maybe a monument isn't necessary.  Maybe we just have to convince them how it will affect how their grandchildren  and history will view them.  It's the first few to break ranks that are the brave ones.  Once the critical numbers are reached, others take much less risk to join them.

Thursday, February 09, 2017

Looking At Media Past and Future - Ron Rosenbaum and Journalism After Snowden

[NOTE: This post began focused on the folly of not preventing disaster, an idea I've been toying with for a while as I try to make the point that while we will eventually get past Trump, it's going to cost us enormously, and the wounds will never completely go way.  The opening of Rosenbaum's piece seemed a good opportunity to make the point, but as I wrote, the issues of journalism under suppression became a more important focus.  Thus you get this post which goes in two different directions.  Sorry.]

Prevention has been part of American tradition since this country was founded.  

Ben Franklin, arguing for the creation of a fire department in Philadelphia wrote that "An ounce of prevention is worth a pound of cure."

We have lots of similar maxims, like "Shutting the barn door after the horse has bolted" and " A stitch in time saves nine."

Fram oil filters ran a very popular ad where the oil filter dealer says, "You can me pay now" and then the mechanic says, "or pay me later."


Image from Smokey Bear history
Smokey the Bear has been telling people since the 1950s that "Only you can prevent forest fires."

The point of all of them is that preventing a disaster from happening is MUCH less costly than repairing the damage afterwards.

Not preventing Trump's election is going to cost Americans and the world a great deal of suffering and pain, emotional, physical, and financial.

So I was a little disturbed by the opening of this LABook Review piece by Ron Rosenbaum, journalist and author of Explaining Hitler, when he wrote that he'd refused requests to write about Trump, until after Trump won the election.  I understand people's reluctance to use Hitler comparisons and I'm not saying that his words would have prevented Trump from being elected, but he, of all people, knew what had happened in the past.  He explains that he simply did not see Trump at the same level as Hitler.
Hitler’s method was to lie until he got what he wanted, by which point it was too late. At first, he pledged no territorial demands. Then he quietly rolled his tanks into the Rhineland. He had no designs on Czechoslovakia — just the Sudetenland, because so many of its German-born citizens were begging him to help shelter them from persecution. But soon came the absorption of the rest of Czechoslovakia. After Czechoslovakia, he’d be satisfied. Europe could return to normal. Lie! 
There is, of course, no comparison with Trump in terms of scale. His biggest policy decisions so far have been to name reprehensible figures to various cabinet posts and to enact dreadful executive orders. But this, too, is a form of destruction. While marchers and the courts have put up a fight after the Muslim ban, each new act, each new lie, accepted by default, seems less outrageous. Let’s call it what it is: defining mendacity down.
But the article is definitely worth reading.  It mainly chronicles how the Munich Post was the first and main newspaper to expose Hitler's past and plans.   The article is a cry, now, for people to defend the media against attacks from Trump, and the likelihood that Trump will try to shut opposition media down.

His final words about the Munich Post are not reassuring.  But his appeal to the reader is important.
"The Munich Post lost, yes. Soon their office was closed. Some of the journalists ended up in Dachau, some “disappeared.” But they’d won a victory for truth. A victory over normalization. They never stopped fighting the lies, big and small, and left a record of defiance that was heroic and inspirational. They discovered the truth about “endlösung” before most could have even imagined it. The truth is always worth knowing. Support your local journalist." (emphasis added)

A more forward looking view of journalism comes in a new book, Emily Bell and Taylor Owen's (eds) Journalism After Snowden: The Future of the Free Press in the Surveillance State.  Neiman Reports reviewer Clay Shirky says the book argues that the globalization of media means that reporters can get around local suppression by getting their stories into publications outside their national boundaries.  In this quote Shirky is discussing an article in the edited book that Shirky wrote himself:
"The potential for a global news network has existed for a few decades, but its practical implementation is unfolding in ours. This normalization of transnational reporting networks reduces the risk of what engineers call a “single point of failure.” As we saw with Bill Keller’s craven decision not to publish James Risen’s work on the National Security Agency in 2004, neither the importance of a piece of political news nor its existence as a scoop is enough to guarantee that that it will actually see the light of day. The global part is driven by the need for leakers to move their materials outside national jurisdictions. The network part is driven by the advantages of having more than one organization with a stake in publication."
A key message I get from this review of the book is that suppression of the media is much bigger than Trump, and the media is discovering ways around state censorship through the development of international media networks.

Wednesday, February 08, 2017

If You Can't Impugn A Nominee, What's The Point Of The Hearing Process?

Senator Elizabeth Warren was silenced in the Senate debate over the attorney general debate  for reading a letter written by Coretta Scott King that said, in part,
 "Mr. Sessions has used the awesome powers of his office in a shabby attempt to intimidate and frighten elderly black voters.  For this reprehensible conduct, he should not be rewarded with a federal judgeship."

Impugn

The Senate GOP invoked a rule against impugning a colleague.  Here's a copy of the rule from a Tweet by Senator Hatch:


And to clarify a bit more, here are some dictionary definitions of 'impugn.'
  • to challenge as false (another's statements, motives, etc.); cast doubt upon. (Dictionary.com)
  • to assail by words or arguments :  oppose or attack as false or lacking integrity (Merriam-Webster)
  • to cause people to doubt or not trust someone’s character, honesty, or ability (Cambridge dictionary)
  • To attack as false or questionable; challenge in argument: impugn a political opponent's record. (Free Dictionary)

It's admirable that the Senate has rules that forbid Senators from insulting one another.  But what happens when a Senator actually conducts him or herself in a way that is "unworthy or unbecoming of a Senator"?  Everyone is supposed to pretend it didn't happen?  

I can wholeheartedly support the idea of 'falsely impugning' being banned, but if one is simply calling out an actual behavior unworthy of a Senator, shouldn't that be allowable?


Senate Confirmation Hearings

But let's also recognize that in this session (no pun intended) Mr. Jeff Sessions (rather than Senator Jeff Sessions) is being considered for the position of Attorney General. Sessions has two distinct roles here.   It is not in his role as a fellow Senator that he is being impugned,  but in his role as a candidate for Attorney General whose qualifications are being debated. (I'm assuming here that Sessions doesn't get to vote on his own nomination, but maybe I'm wrong. It appears I am wrong.)

If a Senator cannot raise questions about a presidential nominee in confirmation hearings, what is the point of the the hearing?  The fact that the nominee also happens to be a US Senator should be irrelevant.   To say it is ok to impugn nominees as long as they are not Senators is a joke.


Why Is Warren's Speech Relevant

The words that were so offensive were the words of Coretta Scott King speaking from personal observation.  This is the wife of civil rights leader Martin Luther King.  She was intimately involved in the event she writes about.

The event she alluded to was the prosecution, by then Alabama Attorney General Jeff Sessions, of a black voting rights worker, Albert Turner, who was helping elderly black voters to register to vote and to actually vote.  The jury acquitted Turner.  


Abuse Of Power

I'm trying to write this as objectively as possible, but it's hard. Up to this point I've done ok.  But to write dispassionately about outrageous abuses of power is to support the abuse. I should say abuses.

First, there is the silencing of Senator Warren and the words of Coretta Scott King.  The silencing of the voices of black and white women by white men isn't new.  That doesn't make it right.

Second is the idea of Sessions as the attorney general.   The attorney general is supposed to uphold the law and to protect the civil rights of Americans and this nominee's record is so poor as to be laughable, yet he's close to confirmation.  (Not everyone agrees.) This is the perfect Stephen Bannon appointee.

The damage being done to American democracy by Donald Trump and his henchmen will take so much time to undo, and the suffering and injustices that come from it will never be totally undone.  

And both Alaskan US Senators voted along with the other Republicans to silence Sen. Warren.  I don't expect anything else from Sullivan, but Murkowski knows better.  She's already voted against DeVos, does she think this vote will buy her forgiveness from Trump's vengeance? 

Tuesday, February 07, 2017

Does US Pay Too Much For NATO And Other Issues Raised By Commenter

A commenter figuratively rolled his eyes about something  I said in post last week about Trump taking orders from Putin.  In a responding comment I pointed out that I’d qualified that statement and challenged him to be more specific about his problems with the post.

He responded with a series of issues that I couldn’t factually respond to off the top of my head.  I realized that I had an opinion on them, but that I hadn’t done any homework on them.

Normally, responses to comments should stay in the comment section.  But I spent some time looking things up (and was also diverted by gramping  duties), time passed, and I decided my response warranted its own post where more people would see it.

But I want to thank Oliver for coming back with his list.  As Justice Ginsburg said about Justice Scalia, his challenges make me better.  I'm assuming that Oliver’s questions are serious, and not just trolling to distract me from other things.  I assume  that Trump supporters could be thinking the same things.  (I didn't say 'other Trump supporters'  because I don't know if Oliver supports Trump or not.)  As I looked up the questions about NATO funding, I did find that his points mirrored Trump talking points (and in the case of NATO Bernie Sanders talking points) and there were complexities that weren't reflected that seem to make his concerns less clear if not moot.

So here's what he wrote the second time:
"Further Putin’s agenda? Let’s see, the former president sat by while the Russians allegedly hacked the election. Sat by while he gobbled up Crimea and the Ukraine. Yes, I know we did some sanctions and expelled some low level diplomats, or as it’s really know as doing nothing meaningful. Putin’s bombing campaign accomplished in a couple months what the Obama administration was unable to do in a year in Syria.
As for Trump, I don’t think it’s unreasonable for NATO members to pay their fair share, only five of the twenty eight members are paying the 2%. Even Obama ask them to up their contribution. The United States contributes between one-fifth and one-quarter of NATO’s budget. In FY2010 that contribution totaled $711.8 million. We all know what NATO did about Russian aggression over the past several years, nothing. So what is NATO for again?
I don’t think the man who says torture is ok as sick as that is has any intentions of weakening the U.S. intelligence agencies. We sell Taiwan 1.2 billion dollars in military equipment and that’s fine, Trump calls them on the phone and you have outrage from China!!! Tough.
Oliver"

I'm not going to respond to everything - that would be like a week's worth of posts.  I did most of my searching on the NATO points.  Here's what I found mainly at the Washington Post, Politifact, and the Congressional Research Service:   (feel free to offer other serious analyses)

NATO -   Basically they all say it’s more complicated than those numbers say:
1.  There are different NATO budgets.  One is related to NATO non-military costs and each member pays according to a formula based on its GDP.  In that area, countries are paying pretty much according to the formula.

2.  The Congressional Research Service says the US gets plenty of benefits from NATO
“DOD has noted that the United States has benefitted from NATO infrastructure support for several military operations, including the 1986 air strike on Libya, Desert Storm, Provide Comfort, Deny Flight, peacekeeping activities in the Balkans, as well as military operations in Afghanistan and training in Iraq. Finally, the Pentagon notes that U.S. companies have been successful in bidding on NSIP [NATO Security Investment Program] contracts.”
3.  When it comes to military contribution, the calculations include the total military expenditures for each country.  Most of the NATO countries only have troops related to Europe and NATO.  The calculation for the US includes all military spending world wide.  It’s true that some of those forces can be brought in, if needed, to deploy in Europe.  But it’s also true that the US troops in Europe are not solely to support NATO.  They can if needed, but they also support US military missions in other places - like Afghanistan, Iraq, Syria, etc.  So the calculations of those expenses, which make the US contribution look huge (less than your $700 million figure, but more than you 20% figure), are misleading because those expenses are for much, much more than defense of NATO.

Oliver, I realize this doesn't end the debate or change your opinion on NATO, but it does put the ball back on your side of the court on this one.

I don't have time to do the same tracking down of facts - and even if I did, there would still be disputes - but let me respond briefly to your comment about Syria:
"Putin’s bombing campaign accomplished in a couple months what the Obama administration was unable to do in a year in Syria."

Syria is a thorny problem.  I suspect that Obama had some options in the beginning that might have made a difference.  What would have happened if he had tried to take out Asad right away?   If he succeeded or failed, there would have been a lot of blowback.   History may or may not be able to sort that out.  There were lots of things to consider, including civilian lives and the already overextended US military that had soldiers overseas in their 3rd, 4th, and 5th rotations.  And there was an overstretched VA that would have to serve even more veterans.    And we don’t know what all has happened there behind the scenes.

I would argue that supporting the existing regime (as Putin is doing) is far easier than trying to figure out which of the rebel organizations should be supported.  Asad had a long-standing, well trained and organized army.  Supporting Asad meant Russia would get what it wanted from Syria if Asad prevailed.  The rebel outcomes were far less certain.    Russia also had no qualms about killing civilians.  Putin has no humanitarian interests in Syria (or anywhere else as far as I can tell), so was free to support the strongest party, despite its terrible record including atrocities in the prisons as this Amnesty International report describes.

I don't know Trump's intentions.  The idea that Putin has leverage over Trump is not nearly as far-fetched as Trump's long standing campaign about Obama being a Kenyan, which so many Trump supporters had no problem embracing.  There's far more circumstantial evidence that Trump's financially entangled with Russian interests and his serious of Russian friendly moves raises serious questions, even among congressional Republicans.  Seeing Obama's birth certificate, as Trump demanded for years, was far less consequential than seeing Trump's tax returns.  Yet Trump refuses to make them public, something all the recent presidential candidates have done.  And which would likely confirm his financial links to Russia one way or the other.  (And possibly open up new questions.)

So there are a few possibilities that Trump is weakening the US security agencies:
  • He is being pressured by Putin.
  • He is hurting US Security unintentionally - His lashing out at anyone who criticizes him leads him to attack the CIA and others and take actions that hurt them - as in replacing the chair of the Joint Chief of Staff and the head of national intelligence with Stephen Bannon on the National Security Council - which is being reported now, that he didn't realize he was doing when he signed the order.  

Oliver, I do appreciate your making me sharpen my facts.  I think we should be talking respectfully about the issues that some would rather have divide the nation for their own interests.  Your serious comments also help me understand how intelligent folks could see Trump as a reasonable option.  I do get the opposition to Clinton, but not when Trump is the alternative.  Now, if you still want to address the other issues - the Russian hacking and the Ukraine - I'll let you spell out your facts that demonstrate Obama could have done something different that would have worked.  

Perhaps the best thing that could come out of this is a shake-up of both parties, more serious talk across party lines,  and improvements in how we elect presidents.  But I think the issue goes beyond the parties to the corporations that have inordinate influence over congress and the presidency.

Monday, February 06, 2017

"The Sleep of Reason Brings Forth Monsters"

The front of Salman Rushdie's Two Years Eight Months And Twenty Eight Nights  has this image from Goya with the quote in the original Spanish that's in the picture - El sueño de la razón produce monstruos.

It seems an appropriate thought for our times.


The Kahn Academy has a description of the etching and how it was made.  It is one of 80 prints called Los Caprichos (caprices) produced in 1799.

The Rushdie book adds that it is the 43rd Capricho and the full caption at Prado [the major art museum in Madrid] reads:
"Fantasy abandoned by reason produces impossible monsters:  united with her, she is the mother of the arts and the origin of their marvels."

From the New York School of Medicine:
"The meaning of the title, El sueño de la razon produce monstruos, has been debated, mainly because sueño can mean both sleep and dream. Known as a pintor filósofo, Goya may have intended to affirm the Enlightenment by saying that when reason sleeps, the imagination produces monsters resulting in madness. Or, he may have implied that reason alone without imagination leads to madness, even horror. Goya's favorite literary character Don Quixote is a good illustration of imagination without reason. 
The symbolism of the animals in the picture supports the ambiguity of Goya's vision. The lynx is a symbol of secrets, known for its strong vision and hearing. The lynx and the bat carry supernatural, even satanic significance, but can represent good. The owl may indicate wisdom. But the owl, cat, and bat also stand for depression or melancholy. The large bat with the goat face in the upper right denotes a satanic element, as the goat is identified with the devil, see, for example, Goya's painting, The Witches' Sabbath (1797-98). Baudelaire said of Los Caprichos: "All those distortions, those bestial faces, those diabolic grimaces of his are impregnated with humanity" (Ciofalo, pp. 64-65). 
Goya produced two other, similar drawings, part of a series called sueños (dreams) which became Los Caprichos (The Whims). He juxtaposes the real and the demonic in several other works, such as De Que Mal Morira? (Of What Illness Will He Die?) and Las Viejas (see annotations). For comparison with other classic works that comment on the link between depression, sleep, and devilish temptation, see Dürer, Melencholia I and The Temptation of the Idler (The Dream of the Doctor). For Goya's interest in mental illness, see Courtyard with Lunatics."  

Snow Day On Bainbridge Island





We've got about two inches of snow on the ground, but that's more than enough for the island school district to close the schools.  There's no snow plowing equipment.  Rain is expected by noon, though it's still snowing now.




But for a four year old who doesn't get to play in snow very often, it was great.  Grandpa couldn't find the gloves he thought he'd brought from Anchorage.  But, no matter.  Her wonder and joy in the snow was worth cold hands.

It's thick, wet, heavy snow.


She needed to clear all the railings of the accumulated snow before she climbed up.  I don't show her picture on here, so you have to take my word for how much fun she had.  And she teased her grandpa by kicking off her boots while she was on the swing, so he had to empty the snow and put them back on her.   Then she'd kick them off again.  And again.  Giggling the whole time.  



Now we're inside and have had our delicious hot chocolate.











There was serious snow on the ground when I left Anchorage last Thursday.



Sunday, February 05, 2017

Eichenwald On Why Democrats Should Block Trump Supreme Court Nominee

 Who's Kurt Eichenwald?

Eichenwald's huge book on Enron, Conspiracy of Fools, was a masterpiece of putting all the pieces of that puzzle together in a page turner of a book that became a best seller.  His book about the FBI, The Informant  was made into a movie.  Here's Wikipedia's description of his most recent book:
"In 2012 he published his fourth book, 500 Days. Also a New York Times bestseller, the book chronicled the events in governments around the world in the 500 days after the 9/11 attacks. It revealed details of the American program of NSA eavesdropping, torture policy, the American government's briefings on the coming attacks before 9/11, and the details of debates within the British government."
This guy is relentless in his investigative reporting and he's an elegant writer.  Again I use  Wikipedia to explain those skills:
"During his first months of college, Eichenwald sustained a concussion, which was soon followed by noticeable epileptic seizures. Diagnosed with epilepsy in November of his freshman year, he continued to attend school despite repeated grand mal seizures.[3]
After having two outdoor seizures on campus, he was dismissed from Swarthmore, in apparent violation of federal law.[3] He contacted the United States Department of Health and Human Services and fought his way back into school,[3][4] an experience that he has credited with giving him the willingness to take on institutions in his muckraking reporting.[citation needed] He graduated with his class in 1983, receiving a degree in political science, with distinction.[3]"

What does it mean to be hypocritical?

From the Cambridge dictionary:
"hypocritical, adjective,  It’s hypocritical for him to criticize her for doing the same things that he does."
One of the things I find most galling is the Republicans' hypocrisy for complaining that the Democrats are doing the very things they began the moment Obama become president.  It would make sense that Republicans think the Democrats are doing this for purely partisan reasons, since this appears to be the Republicans' motive. (Recall McConnell proclaiming the Republicans' top priority in 2009 was to prevent Obama's reelection.)  But they must understand that the Democrats have legitimate grave fears about the future of this nation, because a number of Republicans have already expressed such concerns.

Why Eichenwald believes Democrats must go all out to reject the Gorsuch nomination

I'm offering these excerpts from a Kurt Eichenwald article in Newsweek because he says what I'm thinking, but he does a much better job than I can at tying up all the loose ends.

It's his reasoning why the Democrats should oppose Gorsuch's nomination to the Supreme Court.  He begins that his opposition and this article violate his long held beliefs about how a democratic government should run.  He acknowledges that Gorsuch is well qualified and had he been nominated in the past, he would have supported him.

His objections come from how the Republicans have violated the process of democracy by the way they obstructed Obama's court appointments.
"Gorsuch, unfortunately, must be sacrificed on the altar of obscene partisanship erected by the Republicans in recent years. Temper tantrums designed to undermine the Constitution for naked political purposes cannot be rewarded. Our government cannot survive the short-term games-playing that has replaced fidelity to the intent of the Founding Fathers’ work in forming this once-great nation. 
This goes back to the unconscionable decision of Republicans who refused to consider any nominee put forward by President Barack Obama following the death of Associate Justice Antonin Scalia. Obama nominated Merrick Garland, another eminently qualified candidate, who served as chief judge of the U.S. Court of Appeals for the District of Columbia Circuit, the second most important court in the nation. But in a decision that will go down as one of the greatest abuses of the Constitution in this nation’s history, the Senate’s Republican majority, under the leadership of their unprincipled majority leader, Mitch McConnell, declared they would not give Garland hearings, would not examine his qualifications and would not take a vote."

He then discusses the rule McConnell made up about not approving a Supreme Court nominee in the last year of the presidency, saying the slot should be reserved for the next president.  Eichenwald blasts this made up rule as pure partisanship and unrelated to any Senate precedents or tradition, citing 24 such last year nominations, 21 of which were approved.

Then he quotes from several letters written by different groups of legal scholars vehemently denouncing the Senate Republicans' refusal to bring Garland to a floor vote.  He shows the mendacity of the Republicans offering philosophical rules about the last year of the presidency by quoting Sen. Grassley in Obama's first term of office refusing to rule on a nominee for the DC circuit court by making up another rule about not breaking the four-four ideological balance in that court.  He proceeds:
"This might explain why Democrats now say the Supreme Court should remain divided in the same way—four justices appointed by Democratic presidents, four by Republicans—for the rest of Trump’s term. “I promise you that we will be united against any Supreme Court nominee that President Trump puts up,” said Democratic Senator Dianne Feinstein of California. 'I promise you.'”
He then cites a liberal think tank, Americans for a Progressive Judiciary, declaration that it would be perfectly honorable and constitutional for Democrats to block every single Trump court appointment. He ends his paragraph on that think tank with this quote:
 “If you truly believe that a particular nominee would wreak havoc on America, why not do everything you can to stop him?” 
I’m sure these words of principle enrage conservatives. I’m sure they believe that the Democrats' allowing the high court to continue in its current hobbled state throughout Trump’s term is un-American and destructive to our country. In fact, these statements have already been roundly condemned on Fox News, with numerous pundits ripping at the Democratic Party (or Democrat Party) for allowing its thirst for partisan advantage to blind it to our constitutional principles. And if you’re a conservative, I hope you seethe at those statements. 
Why? Because it exposes your grotesque hypocrisy. 
You see, I lied. Feinstein never said anything about the Democrats refusing to confirm any Trump nominee for the next four years—that was actually Republican Senator John McCain of Arizona, in statements he made when most of the political world believed former Secretary of State Hillary Clinton was going to be president. As for the comment from the Americans for a Progressive Judiciary? I made up the name; as far as I can tell, no such organization exists. Instead, I was quoting the conservative publication The Federalist, which, once again, was writing at a time when almost no one believed Trump would win, to justify engaging in a blanket refusal to ever confirm any Clinton nominee.
Now if you’re a conservative who was angered by those statements when you thought they came from Democrats—and now that you know they were uttered by your partisan brethren, you’re scrambling to justify them—face facts: You are lying and self-deluded."
His argument against approving Trump nominees?  The Republicans have broken all pretense of respecting the constitutional role of the US Senate to advise and consent on presidential court appointments.  Instead they have simply blocked as many as they could for pure partisan short term gain.  It's a precedent the Democrats cannot let them get away with.  He takes a swipe at Alito as
“'the worst justice in history' ©, as I’ve previously written." 
He argues that Alito's opinions are predictable and he (Eichenwald):
"enjoy[s] trying to predict what assertions of nonexistent fact he will employ in his arrogant effort to reach the outcome he desires."
But this is not a gratuitous swipe at Alito.  It's part of his argument that the Supreme Court is now a partisan body and will be as long as Alito is on it.

Eichenwald's justification for his change of heart is this:
"The Republicans cannot be allowed to reap the rewards of unprincipled obstructionism that sets a precedent that will destroy the last remnant of our country’s constitutional credibility."
He continues:
"So what should the Democrats do? Fight. Recognize the nature of the other party. There is no longer reason; there is no longer fidelity to our history or to the founders’ intents; there is no longer compromise. Republicans cannot be allowed to benefit from their efforts to undermine the intent of the framers of our Constitution. (To give you an idea of how bad this could become if Democrats don’t fight, think of this: That conservative commentator writing for The Federalist who was justifying obstructing every Clinton nominee argued that Republicans, as an option, could constitutionally just let the Supreme Court die if it could be done without paying too high a political price. There is no limit to how far the Republicans may go.)"
He then goes on to explain why, even if the Republicans vote to remove the 2/3 vote for Supreme Court approval, the Democrats should now block Gorsuch.  I'll let you see how he ends his argument over at the Newsweek site itself.  It's not a strategy I would have thought of.

But I do want to put in a plug for understanding the Prisoner's Dilemma problem and the Tit-For-Tat strategy that research suggests is the best way to combat an opponent that refuses to cooperate.  It's a critical lesson that Democrats need to understand and adapt in their strategy.

I've written about the Prisoner's Dilemma before and if you don't know it, or the Tit-for-Tat strategy, I'd strongly recommend you check out the explanations in this earlier post.  It helps explain a lot of what is going on in the world - conflicts that get resolved and those that don't.  Basically it shows that cooperation, in the long run, wins.  Unless your opponent always reneges.  In that case the opponent will always win.  Until you also copy his strategy.  If that leads to mutual cooperation, both will do better.  If both sides continue to renege then both sides go into a downward lose-lose spiral.

Saturday, February 04, 2017

A Few Important Links You Might Want To Check Out

Here are a few links that have come my way over the last week.  I thank the people who first posted them - you'll recognize who you are.  These all pushed my brain around a bit and are worth checking out.

1.  New heat storing technology  - Despite the fact that we know of how people have repeatedly been proven wrong throughout history when they said one idea or another is impossible, we still say that today - particularly about alternative energy.
"The technology uses the chemical sodium hydroxide (NaOH), commonly known as lye, to store the heat. When dry sodium hydroxide is exposed to water, it undergoes a chemical reaction that releases a large amount of heat. In sunlight, that water evaporates, drying out the sodium hydroxide and resetting the reaction. The dry sodium hydroxide is very stable, which means it can be stored for months or even years as long as it isn't exposed to water."

2.  Since White House comment lines are reported shut down, someone has set up the website https://whitehouseinc.org.  You leave your phone number and email and someone will call you back and connect you to a Trump property somewhere around the world where you can leave your comment.  The site says,
"Foreign leaders and Wall Street executives know that if they want to reach out to our President, they can just connect with his business associates. Now the American people have a direct line to Trump too."


3.  Commodifying Language - This is a ten page letter from a company called Language Inc. about the financial outlook (good) for companies that privatize public information.  Lots to think about here.


4.  Lit Hub on What to Do during these times  Get inspiration on how to resist.



5.  State Department is Taking ppeople off the Global Entry program - Americans of Iranian-descent are reporting that though they've signed up and paid to be on the Global Entry program and been vetted after a thorough investigation, they are getting notices that they no longer qualify.  How long are we going to let Steve Bannon run the US?


6.  Thirteenth (the movie) is a available at Netflix.
This isn't an easy movie to watch, but if anyone wants to understand why Black Lives Matters matters, then they need to watch how incarceration has been aimed at enslaving blacks in a way that everyone - including the Clintons - could get behind.  It shows how by using the word criminal instead of black, they could get blacks off the streets, and could keep them from voting forever.  Don't argue with me about this until you watch the movie.

Friday, February 03, 2017

"Get Happy"


From Forbes:
"Americans spent $11 billion in 2008 on self-improvement books, CDs, seminars, coaching and stress-management programs–13.6% more than they did back in 2005, according to Marketdata Enterprises, an independent Tampa-based research firm that tracks everything from adoption agencies to funeral homes. Latest forecast: 6.2% annual growth through 2012."

A Health Affairs article says Americans spent $201 Billion on mental health.





Yet here's this coffee copy telling be to just 'get happy.'  We could save a lot of money if this works!

At first I dismissed the idea.  But then I started wondering how many people see a message like this and smile.  A smile isn’t happiness, but it’s a step in the right direction.  And if it works for even a few people that’s a big deal.

So I’m curious if any of you readers have ever been moved by a message like the one on the coffee copy to smile, or even more ambitiously, to change your mood to happy.

The next question, of course, is whether a different message on the cup - visual or verbal - would be more effective.  A cartoon?  A picture of something soothing or uplifting?  A green cup rather than a red cup? (I wanted to give you a link, but everything I'm pulling up is a short zippy piece with no backup evidence and lots of click bate.  Don't want to impose that on you.)

Of course, I realize that the real objective of this message is probably for consumers to associate the coffee in this cup with being happy.  When you buy this cup of coffee, they are saying, you buy happiness.  And as with any addiction, a copy of coffee brings people temporary relief, if not happiness.  Because if coffee drinkers were actually happy people without the coffee they wouldn’t need another cup to get happy.

Thursday, February 02, 2017

Trump: A View From Spain




Cartoon by Tomás Serrano and used with permission

I met Tomás Serrano when he was visiting Alaska.  He's a Spanish artist, cartoonist, and architect who does wicked caricatures and probing portraits.  I've linked to his website since we first met.

My interpretation of this cartoon is that the world outside the US, at least Tomás' world, takes heart in watching the American people stand up against Trump.

In the short run, I expect that the protesters won't have access to the field that they have in this cartoon, and that Trump will score some goals by playing on a secret field, like he did with the travel ban - consulting with none of the professionals or with the Republicans in Congress even.

But in the long run, let's all hope that the worst of his policies will be ruled foul by the refs, and if we're lucky, Trump will be ejected from the game.  Let's remember, though, the advice to be careful what you wish for.  His stand-by is Pence, whose ideology may be worse, but masked in a more reasonable appearing style.

But if the protests are sending reassuring messages to the rest of the world, that a large percent of American people are as appalled as they are, then that's a big step toward recovering our 'brand,' to use logic that Trump might understand.

You can see more of Tomás Serrano's work at his website.