Wednesday, March 17, 2021

Finding Unity -- The Four Freedoms Plus Two

Finding Unity – The Four Freedoms Plus Two


Executive Summary


In 1941 Franklin Roosevelt had to find a way to inspire the country to come together as a unified whole to fight World War II. He conjured up the Four Freedoms – Freedom of Speech, Freedom of Worship, Freedom from Want, and Freedom from Fear – as a rallying theme of common values. In our current time when so many are decrying our lack of unity, could these Four Freedoms serve once again to unite us?

The Four Freedoms continue to hold true to our values, and to distinguish us from the authoritarian countries and threats. In the 80 years separating us from Roosevelt's time, however, new challenges to applying these Four Freedoms to our lives have arisen. While complicated, the challenges can be met and still serve us. Progress, however, has brought us another freedom that must be respected – Freedom #5, Freedom from Discrimination. In addition, because various pressures have threatened the hold on power of the Republican party, including the pressures that the new ethnicities have brought on the formerly ruling ethnic group, we have to be concerned with another freedom – Freedom #6, Freedom for Free and Fair Elections and Peaceful Transfer of Power.

Unity is not everything; sometimes basic issues have to be faced and hashed out. We hope to find common goals to work toward – the vision of the Emerald City – even if we dispute the means to get there – the Yellow Brick Road. The common vision makes us opponents; disagreement on the goals can make us enemies. Working toward establishing a common vision could be helpful once again in establishing unity.

Enlightened leadership should be able to use the venerable Four Freedoms and the New Two Freedoms to establish those common goals, and to make our contending forces cooperators and opponents,rather than enemies.



It is commonly thought now, and I agree, that the country is not very well unified, that our parties are far apart and not cooperative with one another, and that the country itself is divided into disagreeing camps. It's uncomfortable, it hurts people, and the rift obstructs us from making progress for our country as a whole, and all our constituent parts.

Of course, countries oscillate from more to less united as conditions change and as basic issues get thrashed out. But I got to thinking, and I wondered, what was the last time we were really closely united as a country? I thought, World War II. We were threatened by the fascist powers, and we put away our grievances and worked together to defeat them. Of course, a war with existential consequences will do that, and no one would wish such a war on us today. But still, divided as we are now in our politics and our country, it should be helpful to look back to see what ideas and values, what appreciation of ourselves brought us together. It should give us a good perspective on where we are today.

Even though we were threatened then, having unity to fight back was not inevitable. It took leadership. Because God must have smiled on us, in those days we had one of the best leaders we have ever had as President, Franklin Roosevelt. He led us to unity by many means, but one of the most visible was one of his greatest speeches, The Four Freedoms Speech of January 6, 1941. In that speech he laid out what he thought were the greatest gifts of our heritage, freedoms that reflected our common values and beliefs, the things that made it worthwhile for us to fight for our continued existence as an independent country.

I wondered if the Four Freedoms still applied to us today, if they were still important components of our shared vision of our country. I wondered if I looked at it I could bring it up to date, and see if it gave us a basis to feel more unified today. So that's what I did.

What I found was that the basic Four Freedoms – Freedom of Speech, Freedom of Worship, Freedom from Want, and Freedom from Fear – still are of core importance to us, and still distinguish us from the non-liberal states abroad. I also found that if Roosevelt had given the speech today, he would have added two more basic freedoms – #5 Freedom from Discrimination, since the Civil Rights movement has changed our world significantly and irrevocably. Also #6 Freedom of Free and Fair Elections with Peaceful Transfer of Power,

which is a surprising discovery, just as fish only discover they have been living in water when all of a sudden the water level recedes, and they find themselves threatened by the absence of what they had taken for granted. 

 

The Four Freedoms Speech, January 6, 1941

In 1941 Roosevelt had just led the country out of the Depression, only to find that he had another great challenge of leadership facing him from abroad. Threatened by the fascist aggressors, he would have to unify the country to meet the horrific challenge of world war. That he would be able to do so was not a given. As intensely loved as he was, he had equally intense opposition from big business, isolationists, and fascist-sympathizers. He couldn't win all of his critics over, but he hoped to persuade some and to marginalize the rest, so that everyone could work together.

That was the burden of this State of the Union speech on the eve of war. He first detailed how severe the threat of the Fascist powers was, and what steps he was already taking. But then at the end of the speech, he added the peroration where he answered the question, why should we fight? His answer was, we should fight for our way of life, for our values. Then he summarized them as the freedoms we enjoy, which he called the Four Freedoms – Freedom of Speech, Freedom of Worship, Freedom from Want, and Freedom from Fear.

I thought that he must have found this distillate of wisdom from his years of experience and public service, but then I knew that every President has speech writers, and I wondered if it had come from them. So I looked it up. It turns out, wonderfully, that it had come directly from him. They were on the fourth of what would be seven drafts of that speech, and at the beginning of the meeting he pulled out a yellow pad of paper and had them listen to what he had written. And that was it, the Four Freedoms, complete. They kept it in the speech just as he had written it. He was really quite a guy.


Our Different Situations

Our situation today in 2021 is certainly different from what it was in 1941. We don't have Nazi's trying to rule the world, even if many authoritarians abroad are ascendant and their ideas are opposed to ours. The ties of global trade makes war less likely, and thankfully the threats of nuclear annihilation have receded. Our national economy is immensely stronger, but our New Gilded Age discrepancy of wealth is the most severe in a hundred years, and rapid change has given great pain to many as others have gained great wealth. Societies with such severe discrepancies cannot easily survive as democracies.

We have two especially severe challenges that 1941 did not face. The first challenge is climate change, and existential threat to the world and our familiar ways of life. If we do not adapt quickly, the consequences for all the world are almost inconceivable. If the Nazi's presented a “something must be done” situation in 1941, so does climate change today. It is just as much a clear and present danger that requires unity of effort just as in 1941.

The second challenge is internal to the United States. Our demographic changes, combined with increased participation in democracy, have led us to the brink of a change in ethnic leadership. White men in charge is giving way to multi-ethnic and bigender rule. As Levitsky and Ziblatt observe, when the domination of an ethnic group is threatened, the dominant group will resist strongly, and that is how democracies die.

So, just as Roosevelt needed unity then, it seems that we could use it now. We will always have our differences – unity is not unanimity. But we need to be united in our vision of our future, what we are striving for, our Emerald City. Real life never gives us a Yellow Brick Road – we'll have to discover that on our own, by disputing among ourselves which path to choose. But if we are united on our vision, we won't be enemies. When we dispute over the specific road to choose, how to get there, we will be opponents. And that's what unity in a democracy brings, contending factions that are opponents, not enemies.

That's what I'm hoping to get by looking more closely at the Four Freedoms Plus Two.


The Four Freedoms Updated, Plus Two

Freedom #1: Freedom of Speech

Roosevelt didn't have to say much about this freedom, it was so obvious. Free speech is at least as American as apple pie. It is both a basic moral human right, and a societal instrumental asset as ideas compete on a free marketplace (at least in theory). The contrast with fascist countries then, just as we see today in contrast with the autocratic and theocratic states abroad, was patent. Defense of free speech will always be a binding tie for Americans.

That said, as with every freedom, there are constant challenges. The most serious and important challenges revolve around the concentrated social media and their connection between untruths, radicalization, privacy, and revenue; and the newly energized use of the Big Lie in politics that is amplified through cable television and social media. These issues are familiar to us and subject to extensive debate.

The form of these challenges is familiar. Each freedom has its limitations – no shouting fire in a theater, no false claims for medications no fomenting violence; no hate speech; no personal threats. The role of government is often to make rules so that desirable activities can proceed freely; the rules strike the balance between conflicting rights. The conflict on how to establish the rules for this new situation brought on by new technology, and the not-new desire of enterprising souls and those who seek power by whatever means, is simply going on as expected.

These elements of discussion seem generally to be well intended to find the new balance:

  • Do there need to be new restrictions on political speech for “lying?” In the UK, for instance, governmentally-linked OFCOM would probably not allow Fox News to exist. Here in the US, the mainstream media have more and more forthrightly highlighted and labelled “lies,” and both Twitter and Facebook have adopted truth standards, however imperfectly structured and effected.

  • Can and should private companies be relied upon to exercise good judgement and assert limits, and if so, how?

  • Do new norms need to be adopted by political parties and participants generally?

  • Should consumers exert their power by putting pressure on companies that sponsor objectionable programs? In lieu of governmental regulation and censorship, Margaret Sullivan in the Washington Post promotes the idea that advertisers should pressure Fox.

  • Would antitrust enforcement – forsaken since the Reagan years, the source of much of our informational troubles, the growth of the conservative chains – and multiple alternatives help to defang the lies? https://washingtonmonthly.com/2021/02/27/a-free-market-wont-self-correct-the-disinformation-problem/

  • Should a new fairness doctrine be imposed on all media?

  • Are the business models of social media companies fundamentally compatible with a healthy democracy (here)?

  • Do digital algorithms need adjusting? Tom Friedman writes in the NYT, hoping that the European approach will spread: “While the Chinese have designed and deployed digital technologies to advance their system of authoritarian rule, the West has remained compromised and ambivalent,” Zuboff wrote last month in this paper. ...Ramesh Srinivasan, U.C.L.A. professor and author of “Beyond the Valley,” told me that America urgently needs to follow suit by enacting a digital bill of rights that “sets the right balance between free speech and algorithms that make hate speech and blatantly false information from unreputable sources go viral.”

  • Or, given the dictum that bad companies stay bad, do you have to just break up Facebook as a matter of interest of the state? https://uctv.tv/public-policy/search-details.aspx?showID=36880

  • Should very profitable social media be taxed to help support independent local investigative local journalism?

  • Do new limits on concentration need to be asserted on the old media of radio, television, and newspapers?

  • Roger McNamee asserts a conflict between the value system of platforms (Facebook and Google) of efficiency and shareholder value, and the public policy of democracy, self-determination, competition, public health, all of which are imperiled by internet platforms. Surveillance capitalism needs to be terminated. ...These tools are the authoritarians' best friends. ...I don't want government regulating these guys, I want government ending this business model. ...There is no way to kill conspiracy theories, what you want to do is to get rid of the amplification of them for profit.”

  • The Washington Monthly asserts that Democrats are right to target the talking heads of Trump TV and radio. But to really address the problem, they will have to go bigger and deeper. They will have to reverse America’s decades-long retreat, in which both parties have participated, from the government measures necessary to ensure the truly free and competitive media markets needed to make democracy work.

What we see here is the typical American response to new conditions, honoring basic American values. What seems clear is how heavy the imprint of the idea of free speech is in all of these considerations. Did Roosevelt hit it on the head here? I'd say yes.

Freedom #2: Freedom of Worship

Religious freedom was a hard won historical achievement. Although Roosevelt stated it as a positive for our famously religious country, the Bill of Rights asserted it negatively, reflecting the defiant tone of the Declaration of Independence – “making no law respecting an establishment of religion, or prohibiting the free exercise thereof.” That defiance was due to the historical oppression of the nexus of royalty, aristocracy (also banished by the Constitution: “No title of nobility shall be granted by the United States”), and state religion. For the founders, freedom of religion not only ensured the personal freedom of belief and expression; it was also a statement of who shall be the rulers.

Roosevelt didn't need to reach back to history; he could contrast this well-established freedom to the threatening oppression of fascist regimes (even though we were making common cause with the militantly anti-religious Soviet Union. Oh, well, welcome to you, enemy of my enemy.) The same contrast holds true today, as we compare the oppressive theocracies of the Muslim Middle East, and Chinese religious suppression of Falung Gong, Uighers, and Tibetan Buddhists. The idea of limited state authority rings decisively true with religion.

Nonetheless, religion is such a deeply held value that the line between state authority and personal and institutional religious belief will always need buttressing. Religious fundamentalism is always dangerous because the depth of feeling and conviction leads to contravention of civic codes. State support for private and religious schools, citing religion in refusing to provide services for gay weddings, Christian prayers in public spaces, “under God” in the pledge of allegiance, refusing to supply contraception because of religious beliefs, forbidding free entry to the country for Muslims, allowing religious services to contravene public health decrees during a pandemic, and the intense fights on abortion rights – all test the validity of the line as drawn.

Still, I would argue that the line has held pretty well, and just as with the Founders and with Roosevelt, even though there are and will always be issues to fight, we can look at this integral freedom as a point of historic and current unity.

Freedom #3: Freedom from Want

Freedoms number one and two, Speech and Religion, stemmed from the Constitution. Roosevelt's number three, Freedom from Want, staked out new ground, ground that that Roosevelt himself had gained with the New Deal. There was a subtle message of hope in this new freedom: we have beaten the Depression, and we can beat this new threat, too, he seems to have been saying. He cast this new freedom as both a moral and instrumental necessity – a wealthy nation should care for the less fortunate, and democracy requires a secure populace without huge differences of means. From the speech:

For there is nothing mysterious about the foundations of a healthy and strong democracy. The basic things expected by our people of their political and economic systems are simple. They are:

Equality of opportunity for youth and for others.

Jobs for those who can work.

Security for those who need it.

The ending of special privilege for the few.

The preservation of civil liberties for all.

The enjoyment – the enjoyment of the fruits of scientific progress in a wider and constantly rising standard of living.

These are the simple, the basic things that must never be lost sight of in the turmoil and unbelievable complexity of our modern world. The inner and abiding strength of our economic and political systems is dependent on the degree to which they fulfill these expectations.

The immediate next steps for improvement he saw were:

We should bring more citizens under the coverage of old-age pensions and unemployment insurance.

We should widen the opportunities for adequate medical care.

We should plan a better system by which persons deserving or needing gainful employment may obtain it.

The 1960's Great Society programs, especially Medicare and Medicaid but also many other supportive programs and policies, reinforced our idea that the government should supply positive social and economic good for our populace. The subsequent conservative decades made no substantial retreats on the programs and made some modest additions, such as in health care, the Child Health Insurance Program and the Affordable Care Act. In essence, the New Deal, Freedom #3, has held.

The current challenge is what these four conservative decades of neoliberalism has wrought - - the most unequal distribution of wealth since the Gilded Age. When faced with a similar problem, Teddy, the first Roosevelt, directly attacked the “malefactors of great wealth,” decrying their control over society. Three decades later cousin Franklin echoed the sentiment in an aggressive 1936 campaign speech, citing the excesses of big business and declaring that he “welcomed their hatred.” Some think that the same tactics should be employed now, especially after the Trump tax reform, to say “no one should be rich,” and proceed from there. I would rather to say, “no one should be poor.” Roosevelt saw it this way in his “Second Bill of Rights,” and I would put it this way, as a Policy of Nobody:

The Policy of Nobody

Nobody should be a second class citizen.

Nobody should be without health care.

Nobody should lack education because of money.

Nobody should be food insecure.

Nobody should lack shelter.

Nobody should lack possibilities.

Ideas for the means might differ, but this positive role for government in helping people toward freedom from want is firmly established. If the goals are accepted, deals can be made among cooperators and opponents. Medicare for all or add on to our current system? Free university for all, or targeted assistance? State owned housing or subsidized private housing? Concentrate on ending child poverty? These are disagreements on means.

Since this positive role of government is newer than freedoms #1 and #2, there are those who still opposed it, who would like to see government so small it can drown in a bathtub, who think that health care should not be a right, who think “personal responsibility” to extend even to food and shelter without governmental support. But I think it is fair to say that, given the last fifty years of conservatism, this view has gone about as far as it can go, and the positive view of government helping people is now secure. Freedom #3 is a point of agreement, it is simply extent and means that are up for debate.

Freedom #4: Freedom from Fear

Freedom from Fear is different from the first three freedoms. This one is more of a vision of a general state of mind of the nation as a whole. You can see Roosevelt closing his eyes and thinking of the feelings that a population must have in common when it is threatened with being the next country to be overrun by Hitler's Nazi Germany, and to be subjected to its thugocracy. If everyone in America had that same vision, he must have thought, they would rally around. As they did.

This is contained in the Bill of Rights – freedom from unreasonable search and seizure, and from cruel and unusual punishment. But perhaps even more, its visionary quality of a state of mind is contained in the Declaration of Independence, which conjures up a life where (perhaps surprisingly, although there is English legal precedent) individual “pursuit of happiness” is an aim of the state. It's quite a goal, that vision. Leave it to the Founders, and leave it to Roosevelt. Sharing it makes for a very positive unity.

It still applies today, especially if you allow it to cover not just international fear, but domestic fear as well. There is much work to do on nuclear threats, cyber threats, even old-fashioned takeovers and wars as with Russia in the Ukraine. Climate threat should be uniting, not dividing. Internally, a police force that protects some and afflicts others is a threat that would vitiate Roosevelt's vision. Absence of food and shelter and the other items from the Policy of Nobody would make external threats irrelevant. Guns without controls, out of control ICE and CBP and elements of government that torture, white nationalist terrorism – these elements make peaceful contemplation of life and hopes less certain that one would like.

Can we agree that our fear is a problem? That's a start. Can we agree that it is government's role to attend to our state of anxiety? Or do people believe that this is out of our collective hands, that it's too airey-fairy to define, that a posited “state of fear” is for academics and pulpits? Do people think that safety and security is a zero-sum game, or that everyone's security can rise together? Decreasing a sense of fear should be a common goal. Thinking that collective fear is a concern of government, something to work on, should be a source of unity, while debating how to ameliorate fear would be ordinary work, something for opponents to work on, not a cause for enemies to try to obliterate each other.

Freedom #5: Freedom from Discrimination

The founding documents of 1776 and 1787 had lofty conceptions of freedom and its benefits. At the time, however, slavery was widespread and lustily defended, patriarchy was active, and only white men voted. It was a very different world.

There had been improvements by 1941 (women voted), but Jim Crow held sway, other discriminatory practices were widespread and accepted, and even the 1930's New Deal programs frequently had to exclude Blacks to get them passed by Congress. Governmental policies generally restricted health, wealth, education, employment, voting, housing and other elements of normal American life for Blacks, women's rights and pay rates were restricted, there was commonly anti-Semitism in common life, gays were usually closeted, and other groups were disadvantaged as well. Law enforcement observed those same discriminatory practices. It is understandable why this freedom did not make it as Freedom #5 in 1941. That world was one of settled discrimination; it was a latent problem.

2021 is very different, if not wholly so. The Civil Rights Movement, the Women's Movement, and decades of positive steps taken in governmental action, academia, business, media, and private lives have made our current world wholly dissimilar to Roosevelt's. Just the latest step is the cell phone camera revolution, that has made police brutality toward Blacks impossible to disbelieve. There is still distance to go, but the tide has turned, and the end of discrimination is firmly ensconced. Had the Four Freedoms speech been given now, the Fifth Freedom, freedom from discrimination, would have had to have been added.

The road to follow to the end of discrimination, however, is still filled with hazards. Discrimination has been culturally inscribed for centuries and thus is hard to unwind. Many have benefitted from the discrimination and thus have a stake in its retention. John Calhoun himself noted that “the tranquillity of white people, rich and poor, were secured by the degradation of Black people.” So, disquiet in the oppressing class is understandable.

For there to be unity, there can be no denying the historical and continuing structural racism against Blacks, and discrimination against other groups. This truth must be accepted, and the need to rectify grasped. To the extent that this is not accepted, overarching unity of goals among the rivals will be very difficult.

The means of repair, however, can be debated. Reparations, affirmative action, time schedule? Although there can be compromises along the way, the aim of unconditional surrender needs to be held in common. Freedom # 5 means that all the freedoms will be shared equitably, that the days of assumed inferiority of rights are over.

Freedom #6: Freedom of the People to Choose their own Leaders Freely and Fairly, and to have a Peaceful Transfer of Power

It's remarkable, I think, given the United States' celebrated status as the world's oldest continuous democracy, and given the contrast that the free vote provided to the fascist states, that Roosevelt didn't cite democratic elections as a basic freedom. Maybe the spotty history of our voting, from the obvious gender and racial exclusions of 1787, through the continued suppressions of gerrymandering and Jim Crow and the domination of politics by party bosses and machine politics and various corruptions of the process, made him shy away. But whatever it was then, Roosevelt would have to include it now. The Civil Rights Movement identified voting rights as the keystone that ensured all the others, and President Lyndon Johnson agreed as he pushed through the 1965 Voting Rights Act. As we witness the attacks on voting rights today, we realize again that nothing is as central to our continued democracy as the voice of all the people as expressed through voting.

Is it particularly worse now than it has been in the past? Eminent political scientists soberly tell us that there is a “long-standing participatory advantage of the well educated and the well-off.... “(We were) asked whether what we were finding is an old disturbing pattern or a new disturbing trend … we could only answer 'both.' Over and over … we demonstrate that pronounced inequality of political voice are a longstanding feature of our politics and that such inequalities are anchored firmly in inequalities of education and income. However, both economic and political developments in the New Gilded Age are exacerbating the inequalities of political voice that have for so long characterized democracy in America.”

Those past inequalities in voting pale, however, in comparison to the 2020 election, when the very mechanics of counting the votes nationally was attacked.

Dan Rather says: “...the opponents of representative democracy, those who believe that they should not be subject to the will of the people, especially if that will is predicated on Black and brown voters, understand that their very power rests on curtailing the vote. “In short, democracy is working against Republicans — and so Republicans are working against democracy. You don’t have to study demography to see that race is at the core of the GOP’s tilt toward the authoritarian,” writes Dana Milbank.

Bill Kristol says: “After all, we did just fail to have a traditionally peaceful transfer of power. One of our two major parties—having failed in a coup attempt—now claims that the current administration is illegitimately elected, the result of massive, coordinated fraud. The logical extension of this position would seem to be that the American constitutional order deserving of our allegiance no longer exists. So we are at the edge of crisis, having repulsed one attempted authoritarian power grab and bracing for another.”

Molly Ball details the horrific (but fascinating) details of the conspiracy to hijack the election, and how only a counter-conspiracy rescued it. She quotes chief counter-conspirator Mike Podhorzer, senior adviser to the president of the AFL-CIO: “The chief difference between the U.S. and countries that lost their grip on democracy, he concluded, was that America’s decentralized election system couldn’t be rigged in one fell swoop.”

Jane Mayer says, “The lesson we learned,” (former Solicitor General Seth) Waxman said, “is that the state of our democracy is perilous—even more so than we thought. I am very, very worried.” She also quotes historian Christopher Browning: “the McConnell wing was ready to embrace Trump’s usurping of democracy—if Trump could pull it off.

Steve Coll observes: The hard reality is that American democracy is in the midst of a prolonged decline; in the latest annual rankings of “global freedom” published by Freedom House, the U.S. has fallen below Mauritius, Latvia, Greece, and Slovakia, landing just above Argentina and Mongolia. It is not always easy to discern what is cause and what is symptom, but—even before Trump arrived to trash the Constitution—rising inequality, underregulated social media, demagogic right-wing media, complacent and self-involved liberalism, white backlash against racial-justice movements, the distortions of the Electoral College, and a Congress too divided to take on difficult problems had all weakened the country. … Officials … can be expected, judging from their records to date, to embrace Trumpian vandalism against election administration and law, while refining litigation strategies to appeal more effectively to Trump sympathizers in the courts. The manipulation of elections by antidemocratic leaders, even as they claim to defend democracy, is the new, subtle playbook of global authoritarians, as the political scientists Nic Cheeseman and Brian Klaas document in their 2018 book, 'How to Rig an Election....'” ...Just as Trump’s election in 2016 was a trailing indicator of the rise of right-wing populism in troubled democracies abroad, so may post-Trump America be a bellwether of the patterns that Cheeseman and Klaas identify, in which local Trumpians across the country slowly acquire power not by staging provocative dramas, like the one on January 6th, but by bending elections, intimidating civil servants, and winning over judges, without ever abandoning a pretense of faith in democracy. Trump may have improvised his Big Lie while in an unhinged state of rage, but many of his followers remain determined to forge from it a potent plan of action.”

The Republican focus is now on 2022. Ari Berman notes: “According to a new analysis by the Brennan Center for Justice, 253 bills to restrict voting access have been introduced in 43 states already this year.” "Right now we are facing an avalanche of voter suppression that we have not seen before, at least not since Jim Crow, in state after state." - @marceelias. The Washington Post thinks the proposed legislation, if passed, would put us back in the late 19th century.

In addition, one must consider the successful efforts of the Republican party to capture the judicial branch of government, including the Supreme Court with the infamous exclusion of Merrick Garland in 2016, and the blocking of judicial appointments during the Obama presidency and the singular attention to judicial appointments during the Trump era. Further, not content with the three branches of the federal government, the famous ALEC project has been very successful both in capturing state governments for Republicans, and further the underlying commercial interests of the big money creators and backers of ALEC.

Taken all together, the sophisticated operations to capture government leaves one in awe of the conception and masterful implementation of the conservative interests. Most of it is legal, and some of it the Democrats would do also, if they were capable. But one has to question how long a society can tolerate political dirty pool and not be overcome with cynicism. And with cynicism comes disengagement, and anything but unity.

With this history and this present, where is the potential basis of unity? We can't ask for pristine elections; they have never been that. But we can ask for elections within the traditional norms, not too many dirty tricks and lies, not too much manipulation, not too much lying. It's not an easily depicted line, but whatever it is, it's pretty easy to tell that it is being severely violated, in what is this most serious and sacred of enterprises in a democracy voting.

I'm afraid that having someone on the other side of this autocracy line makes dealing with an opponent quite difficult. If it were a boxing match, maybe one low blow gets a warning, but a second gets a disqualification. If the current non-opponents of autocracy quickly recant their actions and inactions, if they haven't done anything too horrible, reentry as an opponent should be possible. Being slippery and cowardly is not a crime. If political courage were common, we wouldn't have had the book Profiles in Courage. We might be on the verge of discovering the contemporary distinction between “treason” and “near-treason.” We'll just have to see.

Assuming that the seditious tide relents, locking up safe and equitable representation and the process of voting needs to be high on the list of reforms. The suggestion of a Federal Elections Agency makes sense, as will other institutional changes. But until then, I'm afraid that true unity, as opposed to conditional and situational accommodation, will be difficult to find.


The Present Moment

The point of this essay was to look at the Four Freedoms, which Roosevelt used to unite the country under the flag of common values, to see if they would still serve that purpose. The answer is, yes and no. Yes, The Four Freedoms still encapsulate basic values that Americans should share. Three of them (Speech, Religion, and Fear) have the virtue of distinguishing us from authoritarian countries.

The newer freedoms, (Discrimination, Elections) are more problematic. On an individual basis, many people are still racist and find difficulty giving it up. On a societal basis, institutions are often racist by heritage, and the predominant class of power has been white males, and resistance to change is palpable and strong. In addition, apart from society at large, the Republican party as an organization is faced with an existential threat. If it backs one-person one-vote, it will lose power; if it forgoes one-person one-vote and retains power, it loses democracy. In general, the party has chosen the latter, to try to retain power by fully using many mechanisms to subvert democracy.

So if people are looking for unity, there are certainly many opportunities to achieve that, but if a significant portion of the electorate, and one of the great parties, do not recognize the righteousness of these two freedoms, that unity will be elusive.

Not that everyone needs to agree for us to feel sufficiently united. Anne Applebaum argues that we may have to learn to live with the seditionists, who might total about 15% of the population. “We have no choice except to coexist.” Unity is never unanimity; substantial widespread general agreement is enough for us to move forward.

The good news, however, is that even if unity eludes us for a while, we can still exist and make progress without it. Unity is only mandatory when there is an existential threat to existence. World domination by those who completely dispute our values would be such an emergency, which is what Roosevelt faced, and which is what he sought to convince America of. But at present, even though there is a worldwide trend toward authoritarianism at present, it is only a trend, not an existential threat.

Yet, it is an important threat, if not yet existential. Steven B. Smith poses the international challenge this way: “Can democracies husband the resources – moral, intellectual, political – to defend themselves from a concerted enemy or enemies?” It's a fight, as was reflected after 9/11 in reference to bourgeois Western society vs. the Arab world, between “the barbarian and the bourgeois” “What we are experiencing – not only in the US but in many countries throughout the world – is not so much an insurgency but a resurgence of barbarism....I would argue the fundamental social cleavages between class, race, education, and culture are greater now than they were then (60's, 80's America).”

The challenge is likely to be persistent, then, and we need not be trapped in a rush to unity. Unity is worthwhile to achieve goals which are agreed upon. It is nonsensical to talk about unity on the one hand and dispute election and foment sedition on the other. The party of Trump is a party of opposition to the Six Freedoms, so they will never be opponents, they will always be enemies. To see them asking for unity is obviously just maneuvering for political advantage:


What to do

As Anne Applebaum says, in the present time, “We have no choice except to coexist. But how? Clearly we need regulation of social media, but that’s years away. Of course we need better education, but that doesn’t help us deal with the armed men who were standing outside the Ohio statehouse this week. Here’s another idea: Drop the argument and change the subject.” She says: “Make the problem narrow, specific, even boring, not existential or exciting.”

Which is pretty much what Biden is doing – don't talk theory, just do practice and see what works out. You can't picture Truman talking theory, and that is Biden's most familiar precedent. Pursue the freedoms aggressively, and the view of the desirable future becomes clearer. The important thing is delivering services and rights to everyone, show that all ships can rise at the same time, and not favor just the Democratic supporters. People who are rising find it harder to complain about others rising, although they can do it, for sure. While they are walking this walk, they are also talking the talk, and calling people to unite on the goals they are expressing.

There are some things they should be doing with a longer range intention – to change the atmosphere, to depollute the cultural water we are all swimming in, we will need some long range projects . These would include the following:

  • Keep talking about long term goals, talking the talk while you walk the walk.

  • Civics teaching. We need massive education and reindoctrination into our constitution and the theory of the state. That means civics with 4+ effort. Roadmap to Educating for American Democracy is a high-profile, well supported proposal. “A constitutional democracy requires a citizenry that has a desire to participate, and an understanding of how to do so constructively, as well as the knowledge and skills to act for the common good.” It also means giving people a stake in our government – that means goodies, green new deal, outdoor work, opportunity plus safety net.

    Personally, I think the Roadmap is too minimal. A couple of classes aren't going to do it. We need whole curricula inculcating civics, starting in middle school, fully represented in the Department of Education with significant funding, and with enlightened ideas on learning. In other words, pretty much exactly what schools don't do now.

  • National service would be very supportive of Freedom number five. I'm always reminded of the rather mindless World War II John Wayne platoon pictures – “Martinez, you go scout, and Rosenberg, radio in our position.” Applebaum, advocating the growth of AmeriCorps: “This might not build eternal friendships, but seditionists and progressives who worked together at a vaccination center could conceivably be less likely to use pepper spray on each other at a demonstration afterward.” Steve Waldman also advocates persuasively for national service.

  • Reinforce norms of truth and honesty – both virtues decimated by the Trump experience. Other countries expect dishonesty and suffer as a result. The Greek disaster of eight years ago was on the background of massive habitual accepted tax evasion. We need to expect the basic virtues. We can't elect a Senator from Montana who has roughed up a journalist. We need the expectation of basic standards of behavior that cannot be legislated.

  • Call for generosity of spirit – as Robert Reich observes on Twitter: Truth v. Lies, Survival v. Suffering, Justice v. Hate, Empathy v. Cruelty, Democracy v. Fascism – We have to remember that there is a huge difference between not having enough and having enough, but a much smaller difference between having enough and having more that enough. How can you have unity if a prime objective of those with great resources is to protect and indeed increase those resources, to the exclusion of sharing with others? Unity can be viewed, however, as getting together to hash out those issues and go forward as a functioning polity with some mutual accommodation. It might be that the holders of the high cards might be brought to feel that the game is not unidimensional, that they themselves can benefit in a different way by contributing some of their wealth and advantages. The church was certainly successful in doing this throughout the ages, as the wealthy sought to buy holiness. And actually, many are already so convinced. They are called highly educated liberals.

  • Pursue unifying goals that benefit everyone, like climate change, universal child care, space exploration, bringing up the hindmost, and even infrastructure.

 

Summary

Unity comes and goes. As a country we are sometimes at loggerheads, and sometime (less often) we find ourselves all pulling the oars in unison toward an agreed upon goal. It's situational – how intense are the grievances that tear us apart, and how threatening are the challenges that force us together? Most of the time we muddle through, fixing some of the grievances and making the common advances at the same time. Most of the time we feel that the other side from us is our opponents, not our enemies, because we basically agree on the important values of our American life. But sometimes we are way out on one pole or the other, and then it seems that the other side is our enemies, that our beliefs and our values are fundamentally opposed. That's a dangerous time.

It's important then to look to your basic beliefs and your basic visions. I think Roosevelt did that with genius when he came up with The Four Freedoms. This we believe! I think we still believe it today, although we have new challenges. We also have new basic freedoms that must be included in our vision. Freedom from Discrimination is now required. And since the basic element of democracy has been terribly challenged, we need Freedom of Free and Fair Elections and Peaceful Transfer of Power. Truly believe in these six, and you can debate what steps are necessary to achieve them, but you can get to work. If you have reservations about them, then you cannot be included in mainstream thought and action, you're too far out.

We have impediments to unity now – transition to a new mixed ethnic democracy seems to be the biggest underlying difficulty – but we have always had them. If you look back on our history, the times that our society was just sitting around a pool having drinks were non-existent. We have always struggled.

But there is every reason for optimism. Our society is getting wealthier as a whole, our security is getting better, our acceptance of one another is getting better, we are all getting safer. If we can just all find our better natures and rise as a whole and be fair to one another, not give into meanness and hate and feelings of loss of self-worth, and share better, and keep working hard, then we should be able to find our way to our ever-present challenges and work and invent our way out of them, and survive, and be reasonably happy.

Leadership is important, creativity is important, sensitivity is important, and clarity of vision is important. These are the arts of collective living. And you know, it could all work out if we tried a little harder.

Budd Shenkin




Sunday, March 14, 2021

Biden's Strategy and Singular Opportunity

 


A friend of mine wrote and asked me: Why didn't Biden on day 1 of his presidency do the following two things?  (1) Fire every one of Trump's appointees and replace them with as many Trump "firees" who were still healthy and willing to serve again.  (2) Fire the entire USPS Board of Directors and replace them with new members who would fire DeJoy and replace him with someone who knows and cares about the USPS.

These actions would have taken no real time or energy, just lists made by aides and letters signed by Biden.  So, WTF happened?"

Here's what I answered:

I think Biden is very smart and experienced, and I think he's doing an A+ job.  One thing he wants to do with the public is to focus attention on the good he is doing for the American people.  They don't want to see political fights, they want to see the government doing good for them.  So #1 is COVID.  This is also why he has the pros doing the COVID briefing with him offstage -- it's the business of the people.  And it's working.

But behind the scenes I think he is doing what you are calling for.  Remember, he got all the US attorney resignations - just didn't make a big deal about it.  He did appoint new commissioners of the post office to the open spots, and they will be moving on the post office in a quiet way; we'll see how long Louis lasts.  Meanwhile, in the rest of government, I'm sure what is going on is a careful reshaping of the personnel, sometimes hiring back, sometimes hiring new.  An old saying is, personnel is policy.

He doesn't want to pick fights for the sake of picking fights.  He embarrasses no one.  This relief bill is extremely impressive.  That's what he'll want to emphasize, no distractions.  Wait until people see the money in their bank accounts; wait until the other good things appear. Wait until there are more vaccines available than people, and it's all well-organized.

My view is that with this relief bill he just scored 14 points in the first half of the first quarter.  Now he wants to keep the opponents on their heels.  He needs to keep scoring before they get themselves together and counterattack.  He should want to keep scoring so the game is won early and then accelerate into the midterms.  That's a really big challenge, because the odds are against the incumbent and against the Democrats.  If he could actually not just break even and keep his majorities, which would be a really big win, but even build on them and improve, the Republicans would be so on the defensive that they could even de-Trumpify and need to completely reorganize. 

Remember, we've been in a conservative era for 50 years, few new programs of support for people, neoliberal reliance on the market, huge gains for the rich and the worst imbalance of wealth since the Gilded Age of the late 19th century.  It's possible that we are now in the first acceleration to the upside of a new era just starting.  In stock market terms, we could be in a V-shaped recovery, Trump being the last severe thrust down, and Biden the countermovement to the upside.  They say that bull market movements have to climb a wall of worry.  What's the worry right now?  The filibuster - how can we get past that?  Maybe a very limited exception for the voting bill, which is essential; maybe that would work.  But if we do get past that, I would say it would be an indication that there is much more upside, and actually increasing the majorities in the midterms would be a huge buying opportunity.

Just stay healthy, Joe.  All the pieces are in place, the team is playing together, the opposition is disorganized.  Just stay healthy.

Budd Shenkin

Sunday, January 24, 2021

Advantures in Household Maintenance

Sometimes, things just go right. Don't expect it, but when it happens, celebrate it! This is my celebratory note.

When something goes wrong with a washing machine, it seldom makes sense to fix it, other than a clogged drainage or something simple like that. An excellent new machine costs around $1,000, and repairs are several hundred at least, and then you don't have a new machine. Ours was 7 or 8 years old, so we needed to replacement when the old Samsung didn't drain and gave strange messages that the machine wasn't aligned. Wha?

We called Friedman's, one of several major suppliers of appliances around here. Competition keeps prices in line and service level high. I called on Tuesday, I think. They had one of the Consumers' Report highest rated machines, an Electrolux (Swedish company!), expected to arrive on Friday. They could give Saturday delivery and installation, if all went well. I asked if they could give me a deal, they said they'd make installation and carting away old machine free. Great! Done! But still contingent on arrival, and with COVID....

Friday evening got the message – will you be available 11-2 tomorrow, Saturday, for delivery? You bet!

Then, amazingly, around 12:15 the next day, got message, truck will be arriving with delivery in about 15 minutes. Truck arrives, two young guys, engaging and respectful, masks on when they exit the truck, come on up to the second floor and inspect the site. Uh, ohh, says the lead guy, Alphonso – your valve is so corroded, I don't want to mess with that – in fact, as I try to unscrew it, it seems I can't – so you need to fix that before we can install. 

 

 

Tell you what, says Alphonso, can we bring the new machine in and put it somewhere (adjacent room was available), so that when new team comes to install it's easier? If you get service on Monday, they should be able to come out in a day or two and install. Sure, I said, looks like I need a plumber. They lug the new machine up the stairs and drive off.

I call a plumber, young guy on his own, who has done some work for us before, Andy Gasca. It's Saturday, but he picks up immediately. OK, he says, I'm just finishing up a job now, I'll see you at your house in about 15 minutes. 15 minutes!! Saturday! Who are we, the White House?

So he came, saw the deal, got to work, had the appropriate replacement valve right in his truck, needed to use an acetylene torch to cut some of the metal, who knows what, and in less than an hour, we had a new valve ready to go. His charge? Standard $175 fee for all visits with one hour minimum, plus parts.


I call the delivery guys, Alphonso and Johnny, on the phone they had used to message me. They don't pick up. “Send them a message,” advises Andy. I do. I don't hear anything, I call out to my Friedman's salesman who isn't in, I call their central office, they take the message and refer me to the warehouse to see if something is available today, but there's only a recording there. I leave a message. Oh, well, it'll only be a few days, and we don't generate so much laundry.

Then, late afternoon, I'm on the way back from McDonald's with my wife's favorite meal, and who's on the phone but Alphonso! Hey, he says, we're at the end of our day and we can come by and do the installation. What?? How long? We'll be there in 10 minutes. They come, they lug the old Samsung out, connect the hot and cold water lines into the brand new valves, balance it, and guess what? We're functional!

 

One takeaway – competition works. Friedman's and Andy both have to compete. And personal pride in workmanship and service works, too. Andy and Alphonso take deserved pride in their work. And they sure made this ordinary consumer very, very happy.

I'm running that first load right now. Hoping not to find a flood.

Then I'll pay attention to the coming impeachment....

Budd Shenkin


Sunday, January 17, 2021

Revising The Pardon - the Hill article

David Levine and I have worked on our proposal to revise the power of the pardon for a long time now.  We wrote a 6,000 word article for the Hastings Constitutional Law Quarterly, and an oped for the East Bay Time.  Now we have been lucky enough to have our latest effort published in The Hill, the online publication for politics and policy that is widely read in Washington.  We are very pleased, and we hope that our proposal now will appear on the menu of those who see the need to reform the pardon -- that's all you can ask, that it get serious consideration. 

Our proposal has two sections.  The first is that all pardons receive the cosignature of the Speaker of the House.  The second is that altering the power of the pardon be subject to ordinary legislative operations, and that amending the constitution no longer be required.  Personally, I think it would be good to forbid pardons in the lame duck period.  If our amendment were accepted, then a majority vote of House and Senate and the signature of the President could effect that change -- note, the President could veto that bill, but it could also be overridden.

An additional note: the pardon has other problems.  Margaret Love, who used to be director of the Office of the Pardon Attorney in the Department of Justice, notes that the bureaucratic process of applying to her former office for the pardon, the process of review and recommendation, used to work tolerably well, but declined severely under Bill Clinton and never really recovered.  She thinks that paying attention to strengthening that process would be salubrious.  In addition, she says that there should be a way within the judicial system to right wrongs of sentencing and dispense routine mercy, and that we should not have to leap to the pardon mechanism.  I think she makes some good points.

Here is the link to our article in The Hill.  An attractive aspect of this article, I think, is that we supply the specific language for our proposal.  Take a look!  

https://thehill.com/opinion/white-house/534441-revising-the-pardon-power-let-the-speaker-and-congress-have-voices 


Budd Shenkin

Monday, December 14, 2020

The Presidential Pardon - Uses and Abuses

As was easily foreseeable, Trump has made the power of the pardon a center of attention. When we saw what was going to happen, David Levine and I wrote a paper that gave the necessary background and proposed a solution: we proposed the Constitution be amended to require that all presidential pardons receive the co-signature of the Speaker of the House to become effective.

In this post I want to state succinctly the legitimate aims of a pardon, and its dangers.

The power of the pardon is surprisingly complex. The most legitimate aims of pardoning are:

  • to extend mercy for its own sake, perhaps to rectify either a faulty conviction or a too-severe sentence.

  • to extend mercy for state purposes, as did George Washington with the Whiskey Rebellion, Lincoln and Johnson with the Civil War, and Carter with Vietnam draft evaders, to quell dissent and bring dissidents back into the fold.

There are also subtle effects of the pardon that can be positive. Extending a pardon demonstrates and strengthens the perception of sovereignty – he or she who extends mercy is clearly in charge. Extending a pardon can also enhance one's credentials for beneficence. As we can see from Trump's actions, extending a pardon can be very theatrical, a flagrant display of power and sovereignty, the real life equivalent of deus ex machina. This display can be a positive, because in the end, the bedrock requirement of government is that of sovereignty. Who gets to rule, and by what right? In this sense, even in extending pardon, one strengthens the legitimacy of the state, and enhances its obvious power to do good.

Even when the pardon is used legitimately, however, there are hazards.

  • Just as sovereignty is central to the state, so is respect for the laws. Yet the intervention of a pardon by its very nature undermines respect for law in favor of an individual judgement – which led 16th century French political theorist Jean Bodin to oppose pardons completely.

  • The pardon can also seem unfair to those in a similar situation who go unpardoned, and if the pardon involves someone who hurt someone else, then the injured person certainly can feel additionally burdened.

  • The pardon can locate sovereignty in one section of government to the detriment of another – lodge it with the President, and the legislative branch is diminished, and vice-versa. One solution for this is to de-theatricalize and bureaucratize the power, as it has been through the Office of the Pardon Attorney in DOJ for over 100 years.

  • The pardon can also be unwise. Without extracting remorse and guilt, the pardon can enable a miscreant not to lose prestige, and enable them to continue the harm they have already done. Hard as it may be to say, some people just need to be locked up.

Even more nefarious, of course, is when the pardon is used for illegitimate purposes.

  • The pardon can be used for personal and political purposes. Constitutional Congress member George Mason raised the question of how the president might use the pardon illegitimately, and the constitution as written does exclude pardons “in the case of impeachment,” but this is in the process of proving wholly inadequate. Pardons have been used to protect a president from investigation (Iran-Contra), and the lure of a pardon has done the same (Trump.) Hamilton's responses, that the prospect of opprobrium and the possibility of impeachment as retardants to such actions, ring false to us today. The honor system does not work when the officials have no sense of honor.

  • A second illegitimate use is even more insidious – what if the pardoner disagrees with a law itself, and pardons as a virtual veto of that law? Would the pardon serve as a lever to override the other branches of government, as does the Arpaio pardon? This is an even worse transgression that self-interest, because it's effect is to bring down the very structure of the government. Again, the honor system is proving insufficient.

As revisions to the pardon system are considered, it would be well to keep these considerations in mind. In history the power to pardon has not always rested simply with a King or President or Governor. It is possible to lodge it with other branches of government and to decrease its chances for being abused. There may be times when an unbounded ability to pardon can be justified, and others when more guardrails need to be in place.


Budd Shenkin


Tuesday, December 8, 2020

Post-Trump Reforms: Can Trump Be Prosecuted?

 

I have been all for prosecuting Trump. My argument has been, aside from visceral pleasure, that nothing says “wrong” like conviction and, hopefully, jail. Trump’s improprieties are manifest; it's only a question of picking which ones rise to the level of federal crimes and which are worth prosecuting.


What are the consequences of not prosecuting? I point to the comparison between Watergate and Iran-Contra. In Watergate, the law took its course, first under Archie Cox, then under Leon Jaworski. Convictions were obtained, jail time was served, front page pictures were rife. Many savored the perp walks. People were changed by their incarcerations. Charles Colson found God and prison reform. John Dean was steeled for a life of chastened righteousness and wisdom. Others simply lived with the ignominy; some were better for the ordeal, some not. It was a righteous result.


In addition, there were far-reaching, significant Watergate reforms, including the Inspector General system. And moreover, Watergate retains a stench. Say “Watergate,” and you can smell it. If they hadn't followed the law and let it ride, the stench would not have lingered.


The Nixon pardon was something else. It was bad politics then, and it was bad policy for all-time. If Ford, never known for his perspicacity, had worked out the possible consequences, not he, but some on his brain trust, might have foreseen that at some time in the future, if another President broke the law, the question of immunity might come up, and it would be a question rather than a certainty. As we now look back, we don't say, “Prosecute Trump, of course. What he has done was worse than Nixon, and Nixon was convicted.” He might not have served jail time, but conviction would have served as an important precedent of a misbehaving President.


For contrast, see Iran-Contra. Iran-Contra is a cautionary tale where pardons interrupted the course of justice for crimes against the constitution by high-ranking officials, possibly involving Vice-President George H. W. Bush, and possibly involving President Ronald Reagan. Taking advice from then-Attorney General Bill Barr, to the furious consternation of the investigators who were taking the case forward, on Christmas Eve of 1992, the month after he had been defeated for a second term by Bill Clinton, Bush pardoned the guilty officials and froze any investigation into himself.


Who were those he pardoned? Who remembers? But we should. Bush's line of explanation was so lame: “[The] common denominator of their motivation—whether their actions were right or wrong—was patriotism.” He criticized the years-long investigation run by Walsh as reflective of “what I believe is a profoundly troubling development in the political and legal climate of our country: the criminalization of policy differences.”


Who remembers what former judge Lawrence Walsh, the Independent Counsel who was pursuing the case, said at the time?

[The] pardon of Caspar Weinberger and other Iran-contra defendants undermines the principle that no man is above the law. It demonstrates that powerful people with powerful allies can commit serious crimes in high office—deliberately abusing the public trust without consequence. Weinberger, who faced four felony charges, deserved to be tried by a jury of citizens.” He concluded, “The Iran-contra cover-up, which has continued for more than six years, has now been completed with the pardon of Caspar Weinberger.”


The answer to that question is: not many remember. The message was, as opposed to the message of Watergate, what Walsh said it was – the powerful can be above the law.


Therefore, what I have thought is that under Biden and whoever comes after him, justice must take its course. No accepting whatever pardons Trump might issue, no “forgive and forget,” no “let's move on,” no “the future rather than the past.” The past matters an awful lot when it comes to the future.


But, now comes this New York Times oped by law professor Eric Posner that says that pursuing Trump might not be so easy as we think it is.

 


 

The constitution is intentionally vague on exactly what presidential crimes might be, the powers of the President have been increasingly expansive, and courts are reluctant to act against a President. Posner focuses on charges of obstruction of justice, bribery and extortion in dealing with the Ukraine, and emoluments. These would be tough cases, he says. They seem more solid to me than they do to him, but he's the law professor, and he's probably right. He says that what would be needed for successful prosecution would be crystal clear cases. Bringing a case against Trump where Trump might have a decent chance of beating the rap would be a mistake, Posner says, and I agree. Trump walking triumphantly out of federal court would be a horror show.


In addition to which, what Posner doesn't mention, is the apparent imminence of pardons, almost certainly for Trump’s friends and family, and quite possibly for himself. The self-pardon ultimately would go to the Supreme Court if he were to be accused of committing a federal crime. Even if the ruling went against him, the time spent determining the validity of the self-pardon would probably take Trump well along in his remaining natural life. The friends and family pardons, if appropriately constructed, will probably protect the miscreants from being prosecuted federally.


In other words, it seems probable that the whole Trump spree while in the White House will go unprosecuted in federal venues. The Trump post-transgression period will certainly not resemble Watergate, and might be even more benign to the perpetrators than the Iran-Contra fiasco, where at least there were some charges and some guilty pleas and sentences, although they were very light ones. In other words, the message to future Presidents will be, you are above the law, do what you want, you are impervious.


So, where does that leave us? Up the creek? Maybe so, when it comes to federal legal actions against the Trumps and other pardonees. But what Trump has done is so much more inimical to the integrity of the country under the constitution that either Watergate or Iran-Contra, that even if perp-walks and convictions and orange jumpsuits are not in the cards, the country needs and deserves constant spotlights on the depredations. (If state and local legal actions against the Trumps are successful, as they probably will be, this will help.) It could start with a Post-Trump Reforms Commission. List the depredations, harp on them, focus on what happens when you are on the honor system and a dishonorable group takes over assign responsibility, and fix the problems. Let everyone know very clearly what the depredations were. If the laws are too vague, that can't stop the repair process. You can't face the future with a limp.


But just because the legal system as currently constructed might protect the Trumps from federal prosecution, that doesn't mean that the country should be vulnerable to a replay with someone else. What we need to do is to take the obvious miscarriage of justice as a guidepost for enacting Post Trump Reforms. I have suggested a menu for Post Trump Reforms here. Included in those suggested reforms are detailing in more specific legislation what is required in cooperating with investigations, what exactly are the prohibited activities in consorting with foreign countries in influencing our elections, what are prohibited emoluments. Along with the enumeration of details, specific and severe criminal penalties also need to be specified. David Levine and I have suggested reforms to the pardon power, requiring the Speaker of the House to cosign all pardons, here.


Naturally, the Posner article impelled David and me to send a response in to the New York Times. We assume it won't be published too much competition. But no matter; we like it, and you might, too. It reiterates some of the points I just made, but its brevity and cogency make it worth printing here.


To the Editor:

 

Eric Posner might well be right that Trump's violations might not be prosecutable successfully under current federal law. The Founders relied on good character and the threat of public disgrace to rein in high public officials. Unfortunately, those moral guardrails are sometimes insufficient. Even if Trump is beyond reach today, for the future, we need to strengthen those guardrails with more specific laws and remedies. 

 

For starters, Congress should spell out what emoluments are; spell out what constitutes illegally cooperating with foreign governments; spell out what truthful cooperation with Congress and investigators requires.  Legislation should enhance deterrence by making presidents subject to fines and prison for violating these clear rules, if not during the term of office, then afterwards.  While the President is in office, legislation should prescribe expeditious court consideration of inter-branch disputes, so that courts can issue orders promptly for real-time corrective compliance. 

 

We need a strong and effective chief executive, but we also need a non-abusive one. 


Budd Shenkin

with aid, additions, and edits by David Levine



Sunday, November 8, 2020

The Morning After

 

Today, after the declaration and the speeches last night, I'm feeling very positive.  As a doctor, and as an aging man, I understand the relief when you finally see that turd circling the porcelain bowl, and you look forward to breathing freely and eating without pain.


Will we simply revert to the past, let norms reappear, the same old people?  I doubt it.  We will have scars, but we will also have muscle regrowth, maybe some bone regrowth, new tissues.  I generally don't like ID politics, but it has a place.  The women are right - little girls need to see someone like Kamala there, to reify in themselves that they are not second class citizens.  Same for the other identities who have been shadowed by discrimination.  It's important.  The new cabinet will be something!


The policies now will take center stage, and rightfully so.  That's the muscle regrowth.  But the bones of democracy need to be made stronger, so a smarter and craftier would-be fascist leader doesn't emerge.  This was my attempt to point a way toward that: http://buddshenkin.blogspot.com/2020/05/planning-for-post-trump-reforms.html.  Or, if you just want the executive summary: http://buddshenkin.blogspot.com/2020/05/post-trump-reforms-executive-summary.html.  Trump gave us the MRI of where the holes are; now to fill them.


I would add to the list that I offered in the posts that we now need to act in selected places similar to what the Allies did in Germany post WW II – de-Nazification.  ICE, CBP, some police departments, most police unions.  That means identify, reeducate or remove, and indict where indicated.  Plus new rules, and especially new education.  My Assistant District Attorney stepson says it's the indoctrination.  They strip them down and then build them back up "the police way."  What that way is needs to change.


And for continuing entertainment and endorphin release, let the trials begin!  We need a balanced commission to spotlight all the depredations without being susceptible to charges of partisanship.  I want an American Nuremberg!  I want a Trump wing at Sing-Sing, or Leavenworth. Nothing say wrong better than jail.


And we'll have to find a way to deal with pardons.  I wonder if my suggestion of a constitutional amendment to require that pardons to bear the co-signature of the Speaker of the House, and to forbid pardons in the lame-duck period, will get legs.  Long shot, but desirable.  


The new policies that emerge will be different and leftier than before.  The most urgent is COVID-19, where scientists will take over, CDC will be repopulated, and a sustained march to federal drums will ultimately work. In the meanwhile more focused, nuanced, and intelligent economic support will be needed. We'll have to see if the Senate is willing without adding poison pills. It will be messy and depressing, but we'll have to remember how it used to be, and bless the change.


That's the urgent. The ultimately most important to deal with is climate change. Here, Biden will have to find a way to package the general idea of Green New Deal – making money by doing the right thing – without the lefty label. He'll have to convince energy companies that they are indeed energy companies and not oil and gas companies. If he helps them find a way to make money doing the right thing, they will bend the legislative branch the way they always have. Exxon solar panels installed by newly trained rural laborers could go a long way.


It's interesting that the most urgent and the most important – COVID and climate change – both turn on the same hinge – yes, it's important, but what about the economy? Ways will be found with proper leadership, which is what's been missing. Grab them by their money and their hearts and minds will follow.


For general domestic policy, I remember what Martin Amis said in a book on Russia decades ago.  He listened to an older Russian woman who was listening to the young, who said, "They are saying, no one should be rich.  When I was young, we said, no one should be poor."  When I listen to the vitriol Elizabeth Warren spills when she talks about the rich, her eyes flashing, I understand what she must have experienced when she looked at the terrible policies of selfishness and the self-congratulation of the money lenders, but nonetheless, I am repelled and fearful.  Vitriol and bile do not good policy make.  I'm glad it was Biden.


For a general guide, I think it makes sense to update the Four Freedoms: Freedom of Speech, Freedom of Religion, Freedom from Fear, and Freedom from Want.  My policy guide could be called:


The Policy of Nobody


Nobody should be a second class citizen.

Nobody should be without health care.

Nobody should lack education because of money.

Nobody should be food insecure.

Nobody should lack shelter.

Nobody should lack possibilities.


The future should be good.


Budd Shenkin