On the Bleach

Long periods of social isolation can lead to insanity. When I turned to Twitter one day last week and found that the trending items under “politics” included #Lysol, #DisinfectantInjection and the surely superfluous #DontDrinkBleach, I began to think that hallucinations were setting in. A link led me to this headline:

“Lysol and Dettol manufacturer tells customers not to inject disinfectants as possible treatment for COVID-19.”

What?

Then I saw this:

#DisinfectantDonnie

Ah.

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Covfefe-19: is Donald Trump responsible?

If Amazon or the pharmacies of Manhattan are any guide, buying a thermometer in America has become tricky, expensive or both — the Braun thermometer for which I paid some $60 shortly after the birth of our one-year-old was available online over the weekend for a modest $359.97. In confronting an epidemic data is, if not necessarily the first line of defence, very close behind it. Yet when it comes to testing for Covid-19, the US has been a laggard. On some estimates, fewer than 20,000 Americans had been tested by March 11. That’s around 23 per million, compared with a rate of 347 people per million in the UK.

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In 2020, Trump has everything to lose

November 2020 is still a long way away, but it already looks as if the next presidential election will be lost not won.
It is not a given that America’s economy will hold up, but if it does, Donald Trump, as the incumbent, would normally have a good chance of hanging onto his job. However, “normally” is not a word that applies to a president forever a tweet, a fiasco or a past, present or future scandal away from disaster. Then there are the polls. Trump has had the lowest average approval ratings of any president since Gallup started measuring them in the 1930s, and he has yet to hit 50 per cent even once. He prevailed in 2016 with the smallest share of the popular vote (46.1 per cent) since a complicated four-way tussle in 1824.

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Blue wave? More like a blue trickle

TheArticle, November 7, 2018

New York City, July 2018 © Andrew Stuttaford

New York City, July 2018 © Andrew Stuttaford

“Treason,” it has been famously said, “is a matter of dates”. The same, rather more obviously, is true of political surprises. At the beginning of the year, there was excited talk of “a blue wave” that would sweep the Democrats into power in the House of Representatives and, despite unfavourable political geography (Democrats were defending many more Senate seats than Republicans, including a good number in states won by Trump in 2016), quite possibly the Senate too. A new president’s party typically struggles in the first Midterm elections held after his victory. And when that president was polling so poorly as Donald Trump, well…

By October, those hopes had largely evaporated. The prevailing conventional wisdom was that the Republicans would hold the Senate and lose the House, but not dramatically so. As it was, the GOP has actually managed to add to its current 51-49 majority, an impressive achievement under the circumstances. To be sure, Republicans have lost the House by a little more than the most recent expectations, but by quite a bit less than the carnage of Democrats’ January dreams or, say, the humiliation inflicted on the Democrats in 2010, two years after Obama first took up residence in the White House.

Even a blue trickle will prove sufficient to bring down that non-existent wall. However, the President will, come 2020, be able to blame the failure to fortify the border on Democratic obstruction rather than Republican hesitation, one element in a wider perk of defeat that Trump, better at running against than for, will exploit to the full. A Democratic House will make for a tremendous target, especially if, as seems likely, the Democrats continue to swing to the left. Making Trump’s task easier still will be the fact that this iteration of the left is driven more by the politics of identity—terrain where Trump has considerable skills of his own— than by those of economic grievance.

Today, of course, marks both of the start of the 2020 election season and a surge in complaints that it is too early to start discussing 2020. All I will say for now is that the GOP will, absent “events”, be fighting the 2020 election as unambiguously the party of Trump. The President’s appeal to a changing base both saved yesterday (more or less) for the Republicans, but his spiel –and the baggage that comes with it—drove yet more moderate voters on the coasts and in the more affluent suburbs into the Democratic camp. This is a self-reinforcing process. As ‘purple’ parts of the country turn blue, they throw out the GOP lawmakers most likely to push back against the President, leaving the remainder even more closely bound to the man from Trump Tower. There is a great deal of division in this nation, and it is not going to narrow.

Nevertheless, part of Trump’s persona is as a deal-maker. As he contemplates a newly hostile House of Representatives, he may well try to see if he can win its agreement to the increased infrastructure spending he has always wanted, but without the tax increases that would infuriate the Congressional GOP. He might get that—even if, with government debt coming into ever more uncomfortable focus, another splurge would not delight the bond market—but it won’t buy him enough Democratic goodwill to head off the flurry of investigations that will be coming his way from congressional committees now under Democratic control. Trump’s reactions to siege by subpoena will not be edifying, and they won’t help either him or his party. And if those investigations come up with anything, well…

Meanwhile Special Counsel Mueller plods on, gathering evidence, securing pleas, and, doubtless, fully aware that the decision to impeach is ultimately political, not legal. With the Democrats in charge of the House (the institution that would initiate impeachment) the politics have just changed, and not to Trump’s advantage.

No one ever said his presidency would be dull.

Midterm madness — or Trump’s last stand?

standpoint, October 29, 2018 (November Issue)

La Guardia Airport, New York City, May 2017 © Andrew Stuttaford

La Guardia Airport, New York City, May 2017 © Andrew Stuttaford

There are journalistic assignments that should be refused, not as a matter of principle but out of basic common sense. Making predictions about American politics in the age of Trump is one of them. That Donald Trump won the Republican nomination was surprising. That he ended up in the White House was — well, a strong enough what-the-hell adjective does not exist (I did not expect Trump to prevail and nor, quite possibly, did he). However, the chequered nature of that win, a two per cent loss in the popular vote (the widest margin of “defeat” for a victorious candidate since 1876) but a passable, if far from overwhelming, majority in the only vote that counts — the Electoral College — was a necessary reminder that federalism matters more and elite opinion less than is sometimes assumed.

Remembering that is a good beginning to understanding why, despite Trump ratcheting up a record of gaffes, blunders and peculiarity unthinkable in any other president, earlier talk of a Democratic “wave” in the   midterm elections on November 6 has evaporated.

While that might merit a celebratory presidential Diet Coke, the Republicans still face a tricky day on the sixth. Despite a healthy economy (GDP grew at an annualised 4.2 per cent in the second quarter, the unemployment rate dropped to 3.7 per cent in September and in the same month consumer confidence reached an 18-year high), almost all the “generic” polling has the generic Democrat comfortably ahead of the generic Republican. Even without Trump in the Oval Office this was coming. An incumbent president’s party almost always struggles in the midterms. Like a British by-election, except for far higher stakes (all the seats in the House of Representatives will be up for grabs, as will 35 Senate seats and numerous state-level offices), midterms are often used by the voters who show up (turnout is typically around 40 per cent, compared with 60 per cent in a presidential election year) to shake a fist at those in charge.

There are incumbent presidents, and then there is Donald J. Trump, whose approval rating has been dismal for most of his time in office. As I write (late October) it is ticking up and now stands somewhere in the mid-40s, weak for a strong economy and at a roughly similar level to Barack Obama’s polling eight years ago. But that was in the aftermath of the financial crisis and shortly before game-changing midterms in which the Democrats suffered a loss of more than 60 seats and control of the House, as well as a brutal reduction in their Senate majority. The Republicans’ chances will be hurt by too much Trump in some areas — upscale suburbs and their remaining redoubts on the east and west coasts in particular — but they could, in a paradox that may mean trouble for them beyond 2018, be hurt by not enough Trump elsewhere, specifically in the rust belt, where voters who moved from Obama (or no vote) to Trump made enough of a difference in their states to tip the 2016 election the GOP’s way.

The Great Revolt  by journalist Salena Zito and Republican strategist Brad Todd may be something of a rose-tinted (although fascinating) study of some of those who switched sides, but the results cited in the book are what they are. Luzerne County, Pennsylvania, a traditionally coal-mining area, gave Obama (also its choice in 2008) a 5-percentage point edge in 2012, but went to Trump by 20 points four years later. Tiny Lake County, Michigan is the poorest county in that state. It preferred Obama in 2008 and 2012 (on the latter occasion by five points), but handed Trump a 23-point lead in 2016. There were plenty more swings like that, and they were enough — just — to deliver Pennsylvania (by a little over 40,000 votes) and Michigan (by a little under 12,000 votes) to Trump in 2016.

At their heart, those swings to Trump were a protest by embattled “left-behinds” trying to preserve what was left of their status in a rapidly changing nation led by a political and media class that insulted, demeaned and demonised them. The pushback was not confined to the rust belt. The New York Times’s Nate Cohn noted last year, “Almost one in four of President Obama’s 2012 white working-class supporters defected from the Democrats in 2016, either supporting Mr Trump or voting for a third-party candidate.” These voters saw themselves at the wrong end of globalisation (they were), on the wrong side of the many-layered social, cultural and economic revolution being pushed by America’s coastal elites (they are), and they really, really did not like Hillary Clinton (who in turn dubbed them “deplorable”). But however much they had fallen out with the Democrats, they suspected that the Republicans were just a different side of a corrupt Washington establishment with no interest in their plight. To them, Trump was an outsider, a disruptor. Billionaire or not, he appeared to sympathise and they heard his dog-whistle too. They handed him a mandate to try something different (and they were prepared to lend some votes to those riding on his coattails as well).

Those new voters ought to be pleased enough with their choice. No small part of Trump’s appeal was his pledge to fix the bad trade deals that had supposedly cost so many American jobs. Since taking office, he has revised the free trade agreement with South Korea, and secured Canada and Mexico’s agreement to replace Nafta with the United States-Mexico-Canada Agreement (USMCA), in each case in ways designed to boost American manufacturing employment. As it is, some 400,000 new manufacturing jobs were created in the first 21 months of the Trump administration, far ahead of the pace in the last Obama years. Trump has also taken the tariff fight to the EU (for now there is a ceasefire), and, much more significantly, China. And when it comes to the red, white and blue, these voters should appreciate the difference between an Obama too ready to apologise for his country and a Trump rarely prepared to apologise for anything. Trump’s tough stance on immigration will not hurt him with this constituency either.

For all that, the polls suggest that quite a few rust belt bolters will return to the Democratic fold. Unions, determined to bring their numbers back in line, have stepped up their campaigning. Much of the economic recovery is still passing the left-behind by. Trump may be on the stump, but he is not on the ballot. Voting for just another Republican stiff does not deliver that same insurgent thrill.

Trump is a one-off. He was able to break through because he had the bucks, dreary competition and a powerful place in popular culture. However, he could not have managed it without an audience ready for the message that, thanks to the internet, he was able to communicate directly — with sly skill and without the intermediation of America’s nauseatingly pharisaical media. Say what you will about former Trump consigliere Steve Bannon, he grasped that the “three-legged stool” — strong defence, social conservatism and free market economics — that Ronald Reagan saw as essential for a GOP victory, was broken.

Republicans will not go as far down the populist and nationalist route as Bannon (who was also keen to defy the GOP’s tax taboo by raising taxes on the very richest) would advocate, but as former Trump speechwriter and transition adviser Frank Buckley pointed out his recent book, The Republican Workers Party, most Americans skew further to the left economically than many Republicans realised. Buckley maintains there is a “sweet spot” for the candidate “who won’t touch Social Security and who promises to nominate a judge in the mould of [the late conservative Supreme Court Justice] Antonin Scalia. Donald Trump, in other words”. Trade apart, the more “leftist” side to Trump (which has, to be fair, always been there) has not been, to put it mildly, very visible since he took office. However, regardless of the direction in which Trump may turn in the next two years, the best shot at a successful GOP future lies not with a Reagan 2.0, but in a formula that blends patriotic populism with, economically and socially, a robust American variant of Christian Democracy. It will not be a smooth ride.

Republican failure to repeat Trump’s rust belt miracle will not mean a Democratic landslide: Trump’s appeal to blue-collar whites has not disappeared, and his wider base within the GOP has remained remarkably resilient through the tweetstorms. While Trump’s approval ratings are low, and have always been low, they come with a very sturdy floor, albeit one that rests, to make a nonsense of architectural metaphors, on just one column — Republican voters. America’s political divisions have sharpened. The once respectable degree of approval a president could expect from supporters of the other party has been shrinking since the Eisenhower era. According to Gallup, both Ike and JFK enjoyed approval ratings from across the aisle averaging a little under 50 per cent. Bill Clinton, by contrast, could (the Pew Research Center found) only manage 27 per cent, a figure of which Obama (14 per cent) could only dream. Trump? Seven per cent.

Republicans, however, have stood by their man. On average, 84 per cent of them approve of the job Trump is doing, a rating roughly in line with that received by earlier presidents from their own team. Even if we ignore the effect of a strong economy (and we should not), and even if we ignore the way that America’s growing political polarisation is pushing Republicans to downplay or turn a blind eye to their leader’s obvious flaws (we should not), this is less surprising than it may seem. Stylistically Trump may have next to nothing in common with previous Republican presidents (or presidents full stop), but this former Democrat’s administration has broken with his (current) party’s orthodoxy by less than some imagined.

This year saw a massive tax cut (that it ignored the concerns of budget hawks was not, sadly, anything new). There has been significant regulatory rollback, both by repealing existing regulations and, no less importantly, by not introducing new ones. According to calculations by the Brookings Institution, 69 “major rules” (as defined by the Office of Management and Budget) were introduced in the first year of the Obama administration, but only 30 in Trump’s initial 12 months, a slowdown that should continue regardless of the midterm results. Sometimes it takes a crony capitalist to understand the value of getting government out of the way.

Then there are the courts. With the law increasingly politicised, the appointment of judges — as the fight over Brett Kavanaugh’s nomination to the Supreme Court demonstrates — has become an increasingly bitter battlefield. Trump has placed two conservative judges onto the Supreme Court, offering Republicans the prospect of the clear right-of-centre tilt that they have been awaiting for years. He has also pushed through a record number of appointments further down the judicial pecking order. Neither achievement would have been possible without GOP control of the Senate. The Kavanaugh collision will have reminded any GOP voters who needed reminding that there is a lot at stake on November 6.

While Trump’s views on trade make some Republicans wince, there has been little (overall — as always with this president there have been some alarming moments) in his broader foreign policy to disturb them. Abandoning both the neocons’ expensive (in many senses) universalism and the ostentatious humility and “leading from behind” of the Obama years, in favour of a colder “Jacksonian” calculation of the national interest, has played well with the GOP’s rank-and-file. Trump has eased off his nuttier talk about Nato, and he appears to have bullied some of the Atlantic Alliance’s deadbeats into agreeing to cough up a bit more. Meanwhile, the US is boosting its own military budget, much of it with an eye on deterring China and, yes, Russia. For all Trump’s unsettling, even flirtatious attitudes to some of the world’s hard men, an America that is “great again” is not going to be pushed around, a theme that rarely plays poorly on the right.

When it comes to policy, the greatest difference between the Trump administration and its GOP predecessors may be over immigration. Divisions within the Congressional Republican party over this topic have meant that the only route to tighter control has been through administrative action. Bureaucracies — consider the Home Office — are not known for their light touch. The harshest aspects of the administration’s approach (most notably the deservedly notorious and highly unpopular “family separation” policy at the border) — have proved highly contentious. But the Democrats’ increasingly sharp shift on immigration (as in so many other matters, ever further to the left) has meant that those favouring a tougher approach to immigration — and that is most rank and file Republicans, even before a several-thousand-strong “caravan” of migrants started to move north from Central America in mid-October — have nowhere else to turn.

But will they turn out to vote? Traditionally Republicans have been more willing to make their way to midterm voting stations than have their opponents. For a while, it had looked as if this would not be the case in 2018. Enraged by Trump, Democrats have been turning out in more force than usual for “off-year” (elections held in an odd-numbered year) and “special” (by) elections. In themselves the results, whether slimmer victory margins or outright losses, particularly at the state level, do not make pleasant reading for the Republicans, but the pickup in Democratic turnout may be a dark omen, made darker still by signs that fewer Republicans were bothering to vote.

It may be, however, that the brawl over the Kavanaugh nomination — a brawl so nasty that, even despite America’s short attention span, it is unlikely to have been forgotten by election day — has brightened the picture for the GOP. Although the Kavanaugh drama widened a huge gender gap even further in the Democrats’ direction (according to a mid-October NBC News/Wall Street Journal poll of likely voters, women favoured the Democrats by a 57-32 margin, while the GOP’s lead with men was 52-38), it seemed to have energised some previously somnolent Republicans.

A mid-October CBS survey of “battleground states” revealed a jump in the number of Republicans who were “very enthusiastic” about voting to 62 per cent (compared to 51 per cent the month before). This trend was backed by a poll revealing that roughly equal numbers (80 per cent or so) of Republicans and Democrats considered that the midterms were “very important”. In earlier surveys this year, considerably more Democrats than Republicans had felt that way. The National Republican Congressional Committee reported that low-dollar giving, a characteristic sign of grassroots enthusiasm, has also perked up. It may be telling that, in eight key states, early voting (something permitted to varying degrees in 38 states and the District of Columbia) appeared to show the Republicans ahead in seven.

The bad news for the GOP is that six out of ten Democrats were already enthused about voting (more evidence that the Republicans will not see any turnout advantage this time round). Democratic fundraising, including those weathervane low-donations, has also been running strongly all year — and still is. In the third quarter, Democrats raised more than three times as much (in total) for their campaigns in the 30 “toss-up” states than Republicans could drum up, something that could easily tip a number of those seats the Democrats’ way, and is clearly a concern for the White House.

The even worse news for the party of Trump? It looks from a CNN poll, released on October 10, as if women will turn out to vote in just as large numbers as men. That is not normally the case. It is no coincidence that there has been a surge in the number of women running for office this year, a surge, for the most part, accounted for by, you guessed it, Democrats. Then again, 53 per cent of white women — including 45 per cent of white women with college degrees — voted for Trump in 2016, suggesting that some of the gender gap may be exaggerated. Perhaps there is a reason to believe (largely) anecdotal evidence that the onslaught on Kavanaugh may have persuaded some Republican women to (once again) overcome their doubts about the pussy-grabber and stick with their party.

Latinos may also fail the Democrats. They constitute just under 13 per cent of the electorate, and heavily favour the Democrats (a widely-quoted national exit poll showing that 29 per cent of Hispanics opted for Trump in 2016 looks to have been a substantial overestimate that — familiar story — failed to reflect regional disparities). It is striking then that, despite (if that’s the right word — feelings on this issue are more nuanced than often assumed) all the controversies over immigration, a late September poll showed that 41 per cent of Latinos “approved” of Trump’s job performance (and that was not so much of an outlier as might be thought). That does not necessarily mean that they will vote for him, but it may make them less determined to come out to vote against him. With Latino turnout customarily low (27 per cent in the 2014 midterms), that matters. One of the explanations for that reluctance to vote, incidentally, is that over 40 per cent of eligible Latino voters are under 35, an age range in which far fewer Americans of any kind are interested in voting. The data miners at FiveThirtyEight, a website known for its polling analysis, have found signs, including relatively high turnout by younger voters in 2017’s off-year elections, that hint that in 2018 this will be different.

So what is going to happen? In the absence of — and with this president this is a big “absence” — some new scandal catching fire (currently the New York Times is doing its best to create some kindling out of the Trump family’s tax “planning”), an unusually unfortunate tweet, a major development in Special Counsel Robert Mueller’s investigation or, to steal Harold Macmillan’s useful word, “events” (I am writing this a few hours after news broke that pipe bombs had been sent to some leading Democrats), there’s a chance that Republicans may actually increase their 51-49 Senate majority. They start with a strong defensive position. Only 9 of the 35 contested seats are currently in GOP hands. Moreover, thanks to Vice President Pence having a casting vote, they only need to hang on to 50 seats to keep control.

What’s more, Democratic hopes that a would-be Obama 2.0, Robert “Beto” O’Rourke, a likeable and extraordinarily well-funded Irish-American congressman from El Paso with a handy Latino nickname, might defeat Texas’s Rafael “Ted” Cruz, a pantomime villain Latino senator with a handy Anglo middle name, look likely to be disappointed. So does Phil Bredesen, Taylor Swift’s pick to upset the Republicans in Tennessee. The GOP is still on the defensive in Nevada and, particularly, Arizona, but there are signs that the tide is turning its way in both states. Republicans, meanwhile, are greedily eyeing a handful of possible gains too, including Florida, Indiana, Missouri and North Dakota, the latter two both states where the Kavanaugh wars may have helped the GOP.

It looks, however, as if Republicans will lose the House. The scale of defeat will probably be modest (perhaps very modest), a good way short of those more than 60 seats lost by the Democrats in 2010, not least because any sort of landslide would need Democrats to win a lot of Republican or Republican-leaning seats, not easy at the best of times, and these are not the best of times.

But any Democratic majority, however slim, will be enough to enable the party to launch the investigations that it hopes will enmesh and eventually strangle Trump. To win control of the House the Democrats will need 218 seats. They currently have a little under 200. If they reach the magic 218, the rules of the game will change in a way that is likely to influence politics more than policy. Democrats will have proper cards of their own — rather than those that chance or the cackhandedness of the president sling their way — to play. And, in the shape of investigations (directly or indirectly) of the president launched by congressional committees they would then control, they will play them aggressively.

Quite what these investigations will turn up is anyone’s guess, as is the way in which Trump, not always at his best under pressure, will react to their mere existence, let alone to any adverse conclusions they may draw. Meanwhile Mueller’s probe drags menacingly on. He has already gathered an impressive collection of scalps, and there will be more. Whether, by encouraging a Democratic House to try its luck with impeachment, one might eventually come with orange hair may define the next two years.

In the unlikely event that the Republicans lose the Senate as well as the House, their leaders’ most likely response will be to try to distance the GOP from the president who led them to disaster. That will be no easy task with so many of the party faithful on the Trump train. And it was not just the GOPeons. A good number of the GOP elite also hitched a ride: To take one example among many, just this past summer, former Trump foe, Senator “little Marco” Rubio was proclaiming the need for “a new nationalism”. “Make America Great Again” had, I suppose, been taken.

And if Republicans hold both Senate and House, the film director Rob Reiner, one of the most vocal of Hollywood’s maddened liberal herd, has tweeted a warning of what to expect: “A fascist autocracy.”

Oh.

The Propagandist and the Censor

National Review, June 21, 2018

Censorship.JPG


In 1936, Oswald Mosley, Britain’s Mussolini-in-waiting, released a question-and-answer book that explained what a Fascist Blighty might look like. Freedom of the press? Fleet Street would “not be free to tell lies.”

Some 80 years on, German chancellor Angela Merkel, infuriated by criticism of her immigration policy (and, rather less so, by Russian disinformation), endorsed a new law, the catchily named Netzwerkdurchsetzungsgesetz, under which social-media companies must take down posts that constitute “manifestly unlawful . . . hate speech” and “fake news” from their sites within 24 hours of a complaint. Failure to do so can result in a fine of up to 50 million euros. Fake news is criminally fake if it amounts, say, to an insult, malicious gossip, or defamation — including defamation of a religion or ideology — sufficiently serious to contravene German law.  

Combine the potential size of the fine with offenses that lend themselves to flexible interpretation (much like that “manifestly”) and it’s easy to see that Berlin intended to scare social-media companies into an approach to censorship that goes far further than the letter of the law, a ploy that appears to be working. The government wanted to shut down talk that was not necessarily illegal but — after Merkel flung open her country’s doors in the summer of 2015 — uncomfortably unorthodox. The mainstream media had enthusiastically echoed the chancellor’s Willkommenskultur narrative of kindly Germans cheerfully greeting the migrants, but establishment unanimity was not enough for the instinctively authoritarian Merkel. Her less “welcoming” compatriots had found an audience on social media. That would not do.

Others have taken note. Singapore, no haven of free speech, is taking aim at “deliberate online falsehoods.” Malaysia has criminalized “news, information, data and reports which is or are wholly or partly false.” (Intent seems to be irrelevant.) Russian lawmakers, immune as usual to irony, have proposed their own laws against fake news.

Brussels is on the case — of course it is — urging social-media companies to sign up for a voluntary code of conduct to combat what the European Commission refers to as “verifiably false or misleading information . . . [that is] created, presented and disseminated for economic gain or to intentionally deceive the public, and [that] may cause public harm.” That word “verifiably” has to do a great deal of heavy lifting, and, as for “misleading,” well . . .

Some of Brussels’s proposals, such as more transparency about sponsored commentary, are sensible. Others could conceivably reflect an even more cynical view of the European public’s credulousness than that displayed by the Kremlin. It takes only an elementary understanding of how politics works to grasp that the call for EU member-states “to scale up their support of quality journalism” will be used to justify lucrative handouts for journalism that toes the party line.

Another recommendation, “enhancing media literacy,” isn’t an invitation to corruption, but if the enhancement is to be anything more than a lesson or two in applied skepticism (no bad thing), instruction on how to “read” media will just as likely — thank you, Michel Foucault — enable fake news as do the opposite. Equally, turning to “an independent European network of fact-checkers” is a less-than-reassuring idea: Fact-checkers have all too frequently shown themselves prone to bias. Quis custodiet ipsos custodes? was a good question 2,000 years ago, and it’s a good question now, but it’s not one that worries many of those leading the charge against fake news.

Meanwhile, France’s president, Emmanuel Macron, is pushing a law to battle fake news that includes allowing politicians to complain to a judge about the spreading of supposedly false information online during or shortly before an election. The judge has 48 hours to respond and can, under certain circumstances, block the offending item, a power that — call me a cynic — could, just possibly, be abused. Fake news, Macron told the U.S. Congress in April, is a “virus,” an attack on the spirit of democracy: “Without reason, without truth, there is no real democracy, because democracy is about true choices and rational decisions.” That prettily complimentary, pretty delusional description (take your pick) leaves open the question as to who is to decide what is true — Quis custodiet? again — and where reason is to be found. The madness of crowds is a perennial risk, but a ruling caste convinced that it has all the answers can be more harmful still.

Macron’s words contained the seed of the suggestion that if the electorate votes on a basis its betters find to be flawed, the result is not “really” democratic. To follow that logic through, should such a result be allowed to stand? Macron, it should be remembered, is one of those now steering the EU, an institution with a tradition of either condemning or ignoring electorates that have voted the “wrong” way, or, for that matter, nudging them back to the polling booth for a do-over.  

There is no reason for any complacency here in America. The First Amendment’s protections have never been absolute. While they have been extended a long way, that process can go into reverse. When intellectual fashions change, judicial precedent can be more elastic than is often assumed. And intellectual fashions have changed. The assault on free speech has long since burst out of the academy and, somewhat paradoxically, has been given extra heft by the ubiquity and indispensability of social media, private terrain where the First Amendment has very little application.

On Facebook, on Twitter, and elsewhere, the apparatchiks of Silicon Valley’s new class rule on the limits of free expression, a power they may well eventually have to share — not necessarily unhappily — with politicians who are no fonder of the wrong sort of talk than they are. Fake news could well give Washington a pretext to join in the effort to tame social-media speech. Always on the lookout for another excuse for 2016, Hillary Clinton has described fake news as a “danger that must be addressed,” and Senator Dianne Feinstein (D., Calif.) told social-media companies last fall that if they didn’t sort out the problem, “we will.”

That’s not a threat to take lightly. Social media are now an essential part of the public square. To the extent that social-media comments are policed, the approach taken — arbitrary, opaque, and (at least to a degree) biased — is, given the market power of the social-media giants, disturbing. But the alternatives are worse. What the market gives, the market can take away. What the state takes, it generally keeps. Giving the government the power directly (or indirectly, via proxies) to determine what social-media content is true — and, in some cases, to suppress that which it has decided is false — would be a menace to free speech too obvious to need explaining.

“Regular” media meanwhile would be untouched, protected, as they should be, by the First Amendment. They would also be left to promote their takes (far from monolithic, but still) on events with fewer challenges than they now face, a windfall that would be as unhealthy as it is undeserved. The First Amendment is not a guarantor of objectivity. In an age when the boundaries between reporting and opinion in newspapers, television, and radio have faded, disinformation is, to put it mildly, not confined to games played within the social-media feeds of the unwary.

When Donald Trump describes this more respectably sourced disinformation — and anything else he considers (or pretends to consider) to be disinformation — as “fake news,” he is sending a message that works on several levels. Hijacking a term that was already resonating with the public is not only a clever way of rebottling an old whine — politicians are forever grumbling about the press — but a way of making it stronger. It is not just an attack on the story, but on its source — and on what’s left of its authority. CNN? No better than Facebook.

Broadening the definition of fake news is also a subtle undermining of the argument that Trump owes his presidency to media manipulation. If anything, it carries with it the hint that he was elected despite fake news, not because of it. It may also, one day, provide a way for either Left or Right to begin the erosion of the First Amendment protections the press now enjoys. According to a Harvard-Harris poll from May of last year, two-thirds of voters believe that the mainstream media publish fake news, and that survey was by no means an outlier.

Treating the partisan dishonesty of the news media and the real (so to speak) “fake news” as, basically, the same also risks overlooking the genuine hazard that the latter may represent. For now (but only for now) its most potentially dangerous manifestation comes from the dezinformatsiya orchestrated by a Kremlin once again appreciative of how destabilizing disinformation can be — and clearly aware of how neatly such disinformation can be slipped into social media. How much influence Russian fake news (a handy scapegoat for disconcerting electoral outcomes) has really had so far can be debated, but there is no doubt that the sophistication of its targeting and the quality of its material is going to improve rapidly. The day that a computer-generated Trump makes a fake but (to the right audience) truly incendiary speech mocking, perhaps, the prophet Mohammed is not far away.

The prospect is terrifying. But so is one element in the likely response: the unleashing of censors to block this, ban that, and, presumably, fight a long Pac-Man struggle with bots as the prey. But this cyberwar would probably do more damage to what’s left of the West’s free speech than to the lies of our opponents. Fake news can be suppressed or, infinitely better, rebutted, but, as it speeds through the Web, it can travel many times around the world before the truth has time to boot up.

The Gutenberg galaxy is expanding exponentially, generating unprecedented amounts of information — true, false, and everything in between. To the extent we can trust it — Quis custodiet? — technology may help identify what is reliable and what is not (I met the other day with the CEO of a start-up using artificial intelligence to rate the reliability of those posting on social media), but technology will have to contend with psychology. Our quest for objectivity is less diligent than we like to think. We are all too ready to collaborate in our own deception. Some stories are too good not to believe, some stories are too satisfying to unpack (how many birthers were there again?), some gossip is too good not to pass on, and confirmation bias remains as seductive and reassuring as it ever was.

Skepticism will help, but too much of it — easy enough in an era when old media are regarded with suspicion and new media are difficult to process, let alone trust — can lead to a perverse gullibility. In a 1974 interview, Hannah Arendt observed that “a people that no longer can believe anything . . . is deprived not only of its capacity to act but also of its capacity to think and to judge. And with such a people you can then do what you please.”

Fake news is a challenge that the West must get right. So far, there’s little reason to expect that it will.

Jeff Sessions Will Continue to be a Thorn in Trump’s Side—Whatever the President Tweets

Prospect, July 28, 2017

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Those whom the gods would destroy, they first hand a smartphone. Yes, Donald Trump has been at the Twitter again.

“A.G.” is Trump’s Attorney General, former Alabama senator Jeff Sessions. The “Special Council [sic]” is better known as Bob Mueller, the former FBI director who has been appointed by Sessions’ deputy, Rod Rosenstein, as Special Counsel to investigate alleged links between the Trump campaign and, in essence, the Kremlin. The appointment was Rosenstein’s decision, rather than Sessions’, because the latter had recused himself from having any involvement with the Russian investigation after it emerged that he had not told the Senate about two almost certainly innocuous meetings with Russia’s ambassador, the remarkably ubiquitous Sergey Kislyak.

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On July 24, Trump posted again:

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And on July 25:

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Then, less than ten minutes later:

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Awkwardly, it was Trump who had first taken this “VERY” weak position last November. Magnanimous in the immediate afterglow of victory, the then President-elect told the New York Times that he didn’t want to pursue an investigation against Clinton, although, The Donald being The Donald, he left himself wriggle room, saying “we’ll have people that do things”—as the Times put it, “without elaborating.”

Half a year later, Trump is maintaining that his “beleaguered A.G”, has not been doing enough… things.

The approaching tread of a special counsel will do that to a president. Mueller has assembled a formidable legal teamSome of its members have previously given money to the Democrats. That’s also true of a number of Trump’s family and staff, but it’s clearly added to the alarm Team Trump now feels. Always punch back: White House counsellor Kellyanne Conway is now talking about “Mr. Mueller and his band of Democratic donors”.

It’s not an apples-to-apples comparison, but it’s still telling that Mueller has recruited many more lawyers for his team than Trump has found for the Department of Justice (just one of the parts of this government where the administration has struggled to hire the people it needs). Mueller also has all the funding he needs and, critically, can poke into just about anything that interests him—a feature that few presidents, let alone this one, would relish.

As is so often the case, the problems Trump currently faces owe more to his paranoia, braggadocio and clumsiness than any known wrongdoing. He has done more than many to fuel the frenzy over Russia that has gripped Washington since he took office. That said, National Review’s Andy McCarthy, a distinguished former prosecutor and a “reluctant” Trump voter, has made the case that, as a matter of law, Sessions had no reason to recuse himself to the extent that he did, at the time he did, or, indeed, at all. Maybe so—but as a matter of politics, he had little choice.

That is a subtlety too far for Trump. He complained last week that Sessions should never have recused himself, but that, if he was going to, he should have said so before he took the job and Trump would then “have picked somebody else”. But Sessions assumed office on February 9th and only recused himself on March 2nd, the day after the Washington Post revealed that he had met with the Russian ambassador.

Trump is on firmer ground when he connects Sessions’ recusal to the appointment of a special counsel —with little notice given to the White House—by Rosenstein, an appointment with which Trump disagrees (“I have done nothing wrong. A special counsel should never have been appointed in this case”) and which, as McCarthy has noted, came with a twist. Citing applicable regulations, McCarthy contends that, in the case of a potential conflict of interest within the Department of Justice over an investigation, a special counsel can be only appointed when that investigation is a criminal investigation, “Crimes,” writes McCarthy “have knowable parameters.” That limits the degree to which the special counsel can go nosing around. Yet, rightly or wrongly, in this instance the starting point was not a criminal but a counter-intelligence investigation. Such investigations, observes McCarthy, are designed “to collect information, and from an investigator’s point of view, you can never have enough information”.

Shortly after selecting Mueller, Rosenstein briefed the Senate. Afterwards, its leading Democrat was reported by the Washington Post as saying that if one thing was clear from that session it was that “Mueller has broad and wide-ranging authority to follow the facts wherever they go. That gives me confidence and should give the American people some confidence.” The Donald may not feel quite the same way. When Trump described Sessions as “beleaguered”, he was quite possibly just projecting.

Nevertheless, the attorney general can be under no doubt that he is under attack from his boss. And the blows keep falling, via Twitter, in interviews or even in the course of a press conference with the Lebanese prime minister. The list of offences grows: The recusal, the failure to investigate “Crooked Hillary”, not taking tougher action over “the leaks from intelligence services.” On Wednesday, in a pair of tweets sent by the president while Sessions was actually attending a meeting elsewhere in the White House, he was accused of failing to replace “Acting FBI Director Andrew McCabe, a Comey friend who was in charge of Clinton investigation but got big dollars ($700,000) for his wife’s political run from Hillary Clinton and her representatives,” a claim, incidentally if unsurprisingly, that stretches the facts a little further than they should go.

Sessions is on the outs, but he is not (as I write) yet out. For all the “firings” that marked his long stint at NBC’s The Apprentice, The Donald doesn’t like giving people the sack. He is “very disappointed” with his attorney general, he says, “but we will see what happens. Time will tell. Time will tell.” It will—but in the meantime, it’s hard to tell what’s going through Trump’s mind. If he’s just venting over an ever-more-menacing investigation, this has, even by The Donald’s standards, been a costly tantrum. He has humiliated and angered Sessions, who, by becoming the first senator to endorse candidate Trump, went out on a limb for him last year. The way he’s being bullied now is a lesson to Trump loyalists that, with the Donald, loyalty only flows one way.

Meanwhile, Senate Republicans have rallied round Sessions—someone who was, until recently, one of their own. Like their GOP counterparts in the House, they must have already been concerned over how much of a liability Trump, and his approval rating of only 36 per cent, might be in next year’s midterms. They will be even more worried now. The more they fret, the less clout Trump will have on Capitol Hill—and the more his agenda will fray. It will not have escaped their attention, either, that brutalizing Sessions risks angering the significant part of the Republican voter base that appreciates his leading role in driving through tough policies on immigration. Sections of the rightwingmedia are already firing warning shots.

For now, Sessions shows no sign of resigning, and even if he did, Trump’s problems would not go away. After the way he has treated the current incumbent, recruiting a successor will be difficult. Even if the president finds the sufficiently pliable candidate he evidently would prefer, securing his or her confirmation by the Senate will take some doing—although a recess appointment might be a way to circumvent this, if only temporarily. For now, the only person with the power to remove Mueller is Rosenstein, an independent-minded sort who has also come under fire from Trump. He’s unlikely to want to help out.

What’s left for Trump are three main options, none of them much fun. He can live with the status quo, and accept that Mueller’s probing will lead where it will lead. He can try to persuade Rosenstein to refine the scope of the special counsel’s investigation, something that Rosenstein could do but at the cost of setting off a political uproar (and imagine if Mueller resigned in protest). Most dangerously of all, Trump could arrange his own version of Richard Nixon’s Watergate-era Saturday Night Massacre by firing Sessions, Rosenstein and—because he would then probably have the power to do so—Mueller. This may be one option if he calculates that, so long as there is no smoking gun and the Senate and House are controlled by what is at least nominally “his” party, he could dodge impeachment proceedings—if not lesser inquisitions.

And, of course, the president will continue to try to change the subject, whether by renewing the focus on Clinton scandals, or, say, stirring up the culture wars.

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Underrated: Mike Pence

Standpoint, April 1, 2017

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If the stories are accurate, Donald Trump had last-minute doubts about Mike Pence, the governor of Indiana and the person he’d just chosen as his running mate. If so, those doubts said more about Trump than Pence. The Donald would probably have preferred someone from his comfort zone: maybe Newt Gingrich, an eccentric whose glory days were decades ago, or New Jersey governor Chris Christie, a star eclipsed by scandal. He knew them reasonably well and, more importantly, understood that their last best hope of political advancement rested with him. They would know their place.

But Pence looked dangerously like his own man, an outsider foisted on Trump to reassure traditional Republicans and to bring decorum and a credible political track record to a ticket desperately short of both. To be sure, Pence faced a tough re-election fight for the governorship (which in the end he would have probably won), but he had also served six terms in Congress and had been mentioned as a potential presidential candidate for years. He had no need to jump aboard a Trump train only uncertainly connected to the rails. Worse, Pence had endorsed Ted Cruz and reportedly loathed The Donald. The Indiana governor denied that he felt that way, but it was hard to imagine a meeting of minds between a self-described “Christian . . . conservative and . . . Republican, in that order” and a chancer of no fixed party married to Ivana, Marla and Melania, in that order.

The Pence pick was enthusiastically received by GOP loyalists, and, however appalled they were by his hardline social — and not just social — conservativism, even the party’s opponents seemed somewhat soothed by the thought that, in the not-going-to-happen event of a Trump win, at least one pro would be in the new president’s vicinity. If there was a consensus, it was that Pence was a touch dull. There were mutterings too that he was not the brightest. Some of the latter can be put down to the lazy assumptions often made about religious types from flyover country, but, yes, Pence was a C student at high school and, yes, getting into law school had been something of a struggle. The vice president was not, one former associate told me, someone to get too deeply into policy details, but this former talk radio host was “good at messaging”.

That has not always been as true as it might have been. After his second (unsuccessful) attempt to make it into Congress, Pence apologised for running a campaign so negative that it backfired (that was then). A quarter of a century later, there was that looming re-election fight for the governorship. It looked trickier than it should have been, thanks partly to a battle over legislation designed to protect “religious freedom” (but seen by its critics as allowing discrimination against gays). Pence had annoyed both sides, initially by signing the law, then by agreeing to water it down.

That was unusual: Pence’s determination to stick to his principles, even if it meant defying a Republican president, had served him well in Washington after he won election to Congress in 2000. Grasping all the “legs” — fiscal, social and hawkish — of what Ronald Reagan famously described as conservatism’s “three-legged stool”, it wasn’t too long before he was on his way up.  The hardening attitudes on the Right that accompanied the financial crisis (Pence voted against the TARP bailout) and Obama’s election did him no harm either. He became a Tea Party favourite, largely without alienating more mainstream colleagues — no mean achievement. Chatter about a bid for the White House grew louder, but Pence opted to take aim first at the governor’s mansion, a shrewd choice for an ambitious legislator looking for the executive experience that could, if the opportunity arose, bolster a run for the presidency.

Four years later, an unexpected and rather different opportunity presented itself. Pence — more flexible than his reputation suggested — took it. There are dignified rationalisations, of course (patriotic duty, saw something good in Trump) for that decision, but it looks a lot like a brilliant contrarian bet. It would have been made easier to take by the prospect of that re-election fight at home and the thought that, if Trump lost, there was always 2020 and, in the interim, lucrative gigs on the conservative media and lecture circuit — a stint as a Palin, but with gravitas and a future.

Now Pence is a heartbeat, a scandal, or even a tweet away from the presidency. Quite how power is distributed in the Trump administration is opaque, but Pence is clearly much more than a state funerals’ veep, cold-shouldered onto the sidelines. He is out and about too, an ambassador for the administration: to Congress say, or attending the Munich Security Conference in February. He is professional, respectable, calming — no Spiro Agnew he, and, for that matter, no Trump either — and yet, a wise fellow, demonstratively loyal to his boss.

And if in the depths of the night, thoughts that are not quite so loyal come into this still sometimes underrated man’s head, I’m sure they are banished without more ado.

Donald Trump’s inauguration: Darkness at noon?

In his first inaugural address Ronald Reagan described how “idle industries” had “cast workers into unemployment, human misery, and personal indignity,” and in his Barack Obama lamented “[h]omes…lost, jobs shed, businesses shuttered.” With the US in the grip of the Great Depression, Franklin D Roosevelt lamented the “dark realities of the moment” and lashed out at “unscrupulous money changers.” Donald Trump’s talk of “American carnage” may have been startling—if less so to many of those who had voted for him—but there is no rule that a new president’s debut has to be sweetness, light and harmony.

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