Monday, September 30, 2019

Be Not Afraid

I have learned that if you are truthful, people respond, even if they don't agree with you. We have to find our truth and not be afraid to be straight with people.

- Barack Obama (2005)
quoted in The Education of an Idealist by Samantha Power

This week's featured post is "Answers to Impeachment Objections". It covers arguments about impeachment. Developments in the impeachment story are covered below.

This week everybody was talking about impeachment

The action on impeachment is happening in the House Intelligence Committee chaired by Adam Schiff (who Trump is accusing of treason). The next step seems to be to interview the whistleblower behind closed doors, hopefully without revealing his or her identity. (Good luck with that. Trump stooge Devin Nunes will be in the room.)

I don't believe a specific date for that hearing has been set yet, but Schiff promises it "very soon".

The important thing to understand about the whistleblower complaint is that it is a roadmap for investigation. Trump wants to paint it as a he-said/she-said dispute between him and an anonymous person, but that's not the point. The WB will be asked where he got his information, and then Schiff's committee will seek testimony from those people and subpoena the supporting documents. By the time an article of impeachment is written, the support for it will probably barely mention the WB.

We've already seen this happen with the Ukraine phone call. The WB described the call very accurately, but that doesn't really matter any more, because we have the White House transcript of it. Lawfare calls the conversation "self-impeaching".


The major revelation that still needs support is that the White House tried to hide the Ukraine transcript in a hyper-secure computer system meant for something else entirely. If true, this points to consciousness of wrongdoing, and raises the question of what other presidential transcripts may have been hidden away for similar reasons.

CBS has independently verified that "the transcript was moved to the computer system at the direction of National Security Council attorneys". CNN has discovered that Trump's calls with Vladimir Putin and Saudi Crown Prince Mohammed bin Salman were also removed from the usual record-keeping system, though it didn't find out whether it was on the same system as the Ukraine call.


It's worth considering what these politically damaging calls imply: The foreign leaders on the other side have something to hold over Trump's head. Imagine if one of Trump's conversations with Putin is as damaging to him as the conversation with Zelensky. Putin can threaten to release that any time he wants. That gives him leverage over Trump.


Trump asked Ukraine's Zelensky for two "favors", one about dirt on Biden, and then other about "Crowdstrike". This concerns a conspiracy theory that comes from Russia, in which the real villain of the 2016 election mischief is Ukraine.

Trump's original Homeland Security Adviser, Thomas Bossert, explains that Trump has been repeatedly briefed on the evidence that the Crowdstrike/Ukraine theory is bogus, but he can't let go of it.

“It is completely debunked,” Mr. Bossert said of the Ukraine theory on ABC. Speaking with George Stephanopoulos, Mr. Bossert blamed Mr. Giuliani for filling the president’s head with misinformation. “I am deeply frustrated with what he and the legal team is doing and repeating that debunked theory to the president. It sticks in his mind when he hears it over and over again, and for clarity here, George, let me just again repeat that it has no validity.”

Bossert doesn't draw this conclusion, but his version of events doesn't make Trump sound like a very rational person.


By my count, Trump tweeted 23 times yesterday about some conversation between Ed Henry and Mark Levin, claiming that Levin "mopped the floor" with Henry's criticism of Trump. That's a measure of how inhinged he has gotten, and hard he had to search to find something positive on the Sunday talk shows.


Meanwhile on Fox News, Chris Wallace was interviewing the White House's Prince of Darkness, Stephen Miller. Wallace teed up what should have been a perfect question for Miller, if there was the slightest validity to his message. "How specifically did the Bidens break the law in Ukraine?" He couldn't give a straight answer.


Somebody should tell Trump that witness intimidation is a crime. Thursday he told the US Mission to the UN that the White House officials who gave the whistleblower his information were "close to a spy".

You know what we used to do in the old days when we were smart with spies and treason, right? We used to handle it a little differently than we do now.

In other words, he implied they should be executed. The House Intelligence Committee is going to want them to testify, and the President is threatening them with death.

No doubt if one of his violent followers does kill a witness, Trump will say that this was a joke. CNN's David Gergen doesn't see it that way.


One minor detail of the Trump/Zelensky conversation gives support to the theory that Trump's properties are avenues for foreign bribery. Zelensky makes sure to mention that he stayed at Trump Tower the last time he was in New York. It's clear that he believes one way to butter up Trump is to point out that you've paid him money.

Whether or not it's actually true that patrons of Trump properties get a better deal from the White House, it's clear that's what foreign leaders believe.

and Greta

Swedish climate activist Greta Thunberg spoke to the UN last Monday. Her speech was short and you can read the transcript.

The point of her speech, as I read it, is to call the current generation of decision-makers to account for what it's doing to her generation and generations to come. She puts a face on a nightmare that should haunt all of us: When people look back on us in 100 years, won't they curse us for what we did and failed to do?

Almost more interesting that what Greta said herself were the unhinged responses she evoked from the Right. Dinesh D'Souza compared her role in the climate campaign to the Nazis' use of "Nordic white girls with braids" in their propaganda. (Putting children in cages in border concentration camps doesn't remind D'Souza of the Nazis, but Greta does.) Sebastian Gorka OTOH, was reminded the Communists rather than the Nazis:

This performance by @GretaThunberg is disturbingly redolent of a victim of a Maoist “re-education” camp. The adults who brainwashed this autist child should be brought up on child abuse charges.

Laura Ingraham referenced Stephen King's horror story Children of the Corn, in which children kill adults. Because we grown-ups are the victims here.

Greta's Asperger’s syndrome also drew fire on Fox News' from Michael Knowles, who mischaracterized it as mental illness.

The climate hysteria movement is not about science. If it were about science it would be led by scientists rather than by politicians and a mentally ill Swedish child who is being exploited by her parents and by the international Left.

The absurdity here is nearly overwhelming. Scientists have been trying to warn the world about climate change for 30 years or more, but have not been listened to by people exactly like Michael Knowles. You can't ignore the scientists for decades, and then criticize Greta for not being a scientist. The debate is not even about science any more, because the science has been long settled. It's about morality now, about our selfishness and our ability to ignore our responsibility to future generations. That's why a child's jeremiad is so effective.

Justin Murphy brought sex into the discussion, because what else ever comes to mind when a 16-year-old girl is involved?

Not even being provocative but if you think Greta Thunberg has the maturity to guide global policy-making then you cannot object to Jeffrey Epstein paying 16-year-olds for sex.

Yep, if they're old enough to have opinions about the hellish future we're making for them, they're old enough to be prostitutes. How can you argue with that logic?

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Israel still doesn't have a new government, nearly two weeks after an election gave 33 seats to the Blue and White Party, 31 to Likud, and scattered the rest among other parties. 61 votes are necessary to form a Knesset majority. Likud's incumbent Prime Minister Benjamin Netanyahu was given the first opportunity to form a government, but that doesn't seem to be working out. If he gives back the mandate, Blue and White's Benny Gantz will get a chance. If he fails as well, a third round of elections may be necessary.

In Sunday's NYT, Micah Goodman summarized the problem like this: The two-state peace plan favored by the Left leaves Israelis feeling unsafe against attacks from the newly independent territories, which they imagine being similar to Gaza. The one-state plan favored by the Right (in which Israel annexes such large chunks of the occupied territories that a Palestinian state ceases to be feasible) produces a country without a clear ethnic majority (even though Israeli Jews would still dominate the electorate) like Lebanon.

Rejecting both views, Goodman calls for "shrinking the conflict" rather than trying to solve it. That seems to mean leaving things as they are while making the Israeli occupation less onerous to the Palestinians.


Lately I've been seeing a lot of references in social media to a Salon article from June: "There is hard data that a centrist Democrat would be a losing candidate". The article is by Keith Spencer, who states a provocative thesis:

the Democratic Party that is wantonly ignoring mounds of social science data that suggests that promoting centrist candidates is a bad, losing strategy when it comes to winning elections.

I feel an obligation to rebut this, not because the conclusion is necessarily wrong, but because it misrepresents the paper it relies on. The "mountains of data" Spencer refers to are in a paper by economist Thomas Piketty, who is famous for Capital in the 21st Century. The paper is called "Brahmin Left vs. Merchant Right". It's an academic paper that is a bit of a tough read, clocking in (with appendices) at 180 pages.

Unfortunately, if you actually read Piketty's paper, it's about something else entirely. Spencer's Salon article looks like a pure flight of fancy. Let me tell you what the paper is actually about:

Piketty presents data to show that educational and economic elites used to be united in the conservative parties of class-based political systems. But in recent decades educational elites have turned left and economic elites have stayed right. So whereas the Left used to be centered in the working class and the Right in the upper class, now there's an upper-class split, with the intellectual upper class leading the Left and the financial upper class leading the Right. That's quite possibly why the working class feels neglected.

Piketty is trying to figure out whether that trend will stabilize, or whether there’s a longer transition going on that will reunify each class in a globalist/nativist split. In that vision, the upper class will coalesce in an internationalist party that champions immigration, free trade, and cross-cultural equality, while the working class will form a Trumpist party that is nativist, religious, and socially conservative.

Spencer makes much of one line in Piketty's paper, which he misinterprets:

Without a strong and convincing egalitarian-internationalist platform, it is inherently difficult to unite low-education, low-income voters from all origins within the same party.

An egalitarian-internationalist platform would be one that convinces domestic lower-income classes that migration and globalization work in their favor rather than against them. Piketty does not suggest what such a platform would be, or even assert that such a platform is possible. (Maybe there is no way to make migration and globalization work for the domestic lower class.) He certainly doesn't relate that platform to the current centrist/progressive split in the US Democratic Party.

The "hard data" is historical post-election polling from France, the UK, and the US that demonstrates the gradual separation of the financial elite from the educational elite. It's doesn't purport to have predictive value about the prospects centrist Democratic candidates.

and let's close with some historical context on the climate

XKCD provides a response to the people who say "The climate is always changing."

Monday, September 23, 2019

Legitimacy and Authority

Democracy is what we do to prevent political disagreement from turning into violent conflict. But the premise of Trumpist populism is that the legitimacy and authority of government is conditional on agreement with the political preferences of a shrinking minority of citizens — a group mainly composed of white, Christian conservatives.

- Will Wilkinson, "Why an Assault Weapon Ban Hits Such a Nerve with Many Conservatives"
9-18-2019

This week's featured post is "He's not going to stop on his own".

This week everybody was talking about a new impeachable offense

Trump isn't allowing us to see any details, but it sure looks like he tried to strong-arm Ukraine's president into digging up dirt on Joe Biden. That's the subject of the featured post, which also raises the question: If the line Trump isn't allowed to cross isn't here, then where is it?

and responding to the attack on Saudi Arabia

Only in the Trump administration does the possibility of a new and bigger war in the Middle East get pushed off the front pages in a few days.

The nine days since the drone-and-missile attack on oil-production facilities in Saudi Arabia have been a lesson in why the United States needs a foreign policy and foreign-policy professionals who specialize in particular regions.

Let us assume for the moment that Iran was behind the attack. (The administration and the Saudi government say it was, but I don't see why I should trust either of them, given their past lies. The Saudi government has put forward ridiculous explanations of the Khashoggi murder, and Trump's lies number in the thousands. But I also don't see who else would have done this.) The US is then left with a wide choice of responses, from issuing a strongly worded statement to raining nuclear annihilation on the Iranians, and everything in between. Each possibility needs to be examined from a variety of viewpoints: Could the response be carried out successfully? What might Iran do then? What would the Saudis think? What would other countries counting on US protection think? How would our response affect the political situation inside Iran? What would the rest of the world think? and so on.

Who's going to do all that analysis? Trump? I doubt it.

The reason we're here now is that Trump's worldview has a flaw typical of people who glory in their own power: He imagines that when he acts, his adversaries will have no options other than to give him what he wants. (We've seen this in the trade war with China: He'll raise tariffs, and China will just have to give in.) And so with Iran: He walked away from Obama's nuclear deal with Iran and imposed harsh sanctions, imagining that the Iranians would have no recourse other than to give him a better deal than Obama got.

This is a different recourse.

Trump may well imagine that some kind of military counterattack on Iran will be similarly unanswerable. We'll bomb comparable oil facilities of theirs, or take out some part of their military infrastructure, or hit something else they value -- and they'll just have to take it. Like he tweeted shortly after taking office: "I will make our Military so big, powerful & strong that no one will mess with us." How's that working out?

One thing is predictable: Iran will not try to slug it out with us, hitting back at us in the same way that we hit them. If this gets into a tit-for-tat exchange, the Iranian moves will likely continue to widen the conflict into areas Trump has not considered.


US troops are being sent to Saudi Arabia and the United Arab Emirates. The deployment is said to be "defensive".


One argument is not going to fly with the American people: that we should defend Saudi Arabia because they're great customers who "pay cash". President Bush always denied that we invaded Iraq for the oil, rightly understanding that such a transactional view of war cheapens the lives of our soldiers. But Trump goes right there:

This is something that’s much different than other Presidents would mention, Jon. But the fact is that the Saudis are going to have a lot of involvement in this if we decide to do something. They’ll be very much involved, and that includes payment. And they understand that fully.

If war-for-oil is bad, how much worse is it to imagine that your son or sister or other loved one might be dodging bullets purely for money?


And then we have to ask: Whose money?

With Trump refusing to release his tax returns and obstructing any investigation of his finances, we have no idea how much Saudi money he has taken or is still taking. Vox mentions a few of the things we do know:

The manager of Trump’s hotel in New York credited a timely stay by members of the Saudi Crown Prince’s entourage (though not the prince himself) with lifting revenue there by 13 percent in one quarter last year. Lobbying disclosures showed that Saudi lobbyists spent $260,000 at Trump’s hotel in DC back in December 2016 during the transition. Separately, the Kingdom itself spent $190,273 at Trump’s hotel in early 2017.

But the truth is that nobody really has any idea how much money Trump gets from the Saudis or other Persian Gulf regimes. He owns a golf club in Dubai but its membership roster isn’t public information any more than the membership list at any of Trump’s other clubs is public knowledge.

The fact about the crown prince’s entourage’s visit to Trump’s hotel in New York happens to have leaked to the Washington Post, but we don’t know what kind of hotel stays haven’t leaked.

In fact, we know next to nothing at all about Trump’s financial relationships with anyone, other than that Trump refuses to do any kind of meaningful disclosure and shows no interest in avoiding either the appearance or the reality of impropriety.

In particular, we have no way of knowing whether those payments are ordinary market-rate fee-for-service transactions, or whether they are just cover for bribes.

We do know that Trump has been very solicitous of the Saudis, their horrific war in Yemen, and their murderous crown prince. He's issued five vetoes since taking office; four of them have something to do with Saudi Arabia.

and the Climate Strike

Protestors around the world demanded action on climate change Friday. Demonstrations estimated at over 100,000 people happened in a number of cities from New York to Berlin to Melbourne. Worldwide, as many as 4 million people may have participated.

and a back-to-school video

The Sandy Hook Promise Foundation, a group founded by parents of children killed in the Sandy Hook massacre, released a video that brings the school-shooting problem into focus. Without advocating for any particular political outcome -- neither a bill in Congress nor candidates who can stand up to the NRA -- the video uses back-to-school products to contrast the hopes parents have for the new school year with the terrifying situations their children may actually face.

and Elizabeth Warren's rise

Joe Biden and Bernie Sanders started far ahead of her, but Warren has consistently chugged along. The RealClearPolitics polling average has her pulling ahead of Sanders nationally (19.8% to 16.6%), though still well behind Biden (30.2%). Two of the three most recent Iowa polls have her leading Biden as well.


You may not have noticed, but Mayor DeBlasio has pulled out of the presidential race. He didn't qualify for the third debate and wasn't likely to be in the fourth one either.

and Israel

It's still not clear who will lead the next government in Israel. Netanyahu's Likud party got out-voted; it has only 31 Knesset seats compared to Blue and White's 33. But it takes 61 votes to form a ruling coalition, so some intense politicking is going on. Netanyahu has looked dead before and come back, so it's too soon to count him out.

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Since the Clean Air Act of 1970, California has had the power to set stricter standards for auto emissions and fuel economy than the federal standards. Recently the state has tried to use that power to unite automakers behind standards closer to the Obama standards than the much lower standards the Trump administration has proposed.

Wednesday Trump tweeted that California's standard-setting power has been revoked. A legal battle is likely to ensue.

On the same day, he said that his EPA is going to cite San Francisco for its homelessness problem.

Trump said the issue was an environmental one because “tremendous pollution”, including syringes used by homeless addicts to inject drugs, was flowing into the Pacific Ocean from Bay Area cities.

This seems to be more about Trump's war with California than any concern with either the homeless or the environment. He provided no evidence to support the claims about syringes.

California does have a significant homelessness problem, caused by the combination of high rents and good weather. Living rough is a bit easier in Los Angeles than in Chicago.


Ben Carson is getting flack for his anti-trans comments. He claims to have heard complaints about "big hairy men" coming into women's shelters claiming to be women. This is a common religious-right trope -- that accepting transfolk enables men to get into bathrooms and other places where they can abuse women -- but it seems to be more fantasy than reality.

This is a phenomenon I've talked about before with regard to guns. Right-wing policy is often based on responding to dark fantasies rather than to real events.


The new wall design, he says, "can't be climbed." Trump knows this because he had "20 mountain climbers ... some of them champions" try to climb a prototype. Strangely, though, no one in the US mountain climbing community has ever heard of this test. Meanwhile, some Mexicans ran their own tests.


Abortions are down, from 16.9 per 1,000 women of reproductive age in 2011 to 13.5 in 2017. That's "the lowest rate recorded since abortion was legalized in 1973". The reason seems to be better contraception rather than increased restrictions on abortion.

If abortions were down because abortions are harder to get, you'd expect to see the difference mainly in the most restrictive states, and you'd also expect to see an increase in births. But the decline was across the board, and births went down as well as abortions.

The report is tentative about drawing conclusions about causes, but suggests that one possible explanation is an increase in "long-acting reversible contraceptive methods" like intrauterine devices and implants. One reason for that might be ObamaCare; such methods are more expensive, but are covered by ObamaCare policies.


The Pentagon has spent more than $184K at Trump's Turnberry Resort in Scotland since 2017.


Is it wrong to laugh at this? I mean, it's disturbing and alarming, but ... seriously?

When the Rev. Dan Reehil, a Catholic priest, ordered the removal of all Harry Potter books from the parish school’s library, the St. Edward community demanded an explanation. Father Reehil responded by email, noting that he had “consulted several exorcists, both in the United States and in Rome,” and had been assured that the “curses and spells used in the books are actual curses and spells; which when read by a human being risk conjuring evil spirits into the presence of the person reading the text.”

Like many people who either have or know children, I've read big chunks of Harry Potter out loud. It seems like I would have noticed the evil spirits.


Obama ended junk health insurance, but Trump brought it back. An article in Bloomberg BusinessWeek tells the story of Marisia and David Diaz, who thought they were insured until David had a heart attack. They wound up owing a quarter of a million dollars for his treatment and surgery.

Come November, the rules on junk insurance will loosen even further, and boiler-room operations are gearing up to push more junk insurance on unsuspecting Americans.

and let's close with some global cooperation

Robbie Robertson leads musicians around the world in playing "The Weight".

Monday, September 2, 2019

Better or Worse

At its best, the practice of politics is about taking steps that support people in daily life -- or tearing down obstacles that get in their way. Much of the confusion and complication of ideological battles might be washed away if we held our focus on the lives that will be made better, or worse, by political decisions, rather than on the theoretical elegance of the policies or the character of the politicians themselves.

- Pete Buttigieg, Shortest Way Home

There is no featured post this week. But I'm trying out a new format for an extra-long weekly summary: a topic list at the top.

1. Cruelty, short-sightedness, and corruption. One week's worth of administration activity.

2. Hurricane Dorian. Category 5 storms don't seem all that rare any more.

3. More shootings. The wait-three-weeks strategy for avoiding action on gun control won't work unless we can go three weeks without a shooting.

4. Brexit. Boris Johnson is setting the UK up for a no-deal Brexit, and Parliament will have a hard time stopping him.

5. James Comey. The FBI inspector general's report is too boring to read, so anybody can say whatever they want about it.

6. A court ruling. An appeals court ruling on legislative prayer is yet another example of the fundamental flaw of originalism.

7. Other short notes. Hong Kong, trade war, Mayor Pete's book. Democratic debate on the 12th.

8. A heart-warming closing. A dolphin asks a diver for help.

This week everybody was talking about cruelty, short-sightedness, and corruption

Some weeks, it seems like the Trump administration is trying to do as much damage as possible in its remaining two years. Here are some examples from just this week:

  • The EPA wants to allow more methane leaks at wells and pipelines. Methane is such a potent greenhouse gas that if too much leaks into the atmosphere during the production and transportation processes, natural gas can be worse for the climate than coal. The EPA's move to roll back anti-methane-leak regulations undermines the strategy of using natural gas as a better-but-not-perfect bridge fuel while we develop more climate-friendly sources. That's why even industry giants like Shell, Exxon, and BP support the Obama regulations the EPA wants to abandon.
  • Alaska's Tongass National Forest may soon be open for logging. It's one of the last wild places on Earth, and about 40% of the West Coast's wild salmon spawns there.
  • Sick immigrants are being sent home to die. Every year, about 1000 immigrants facing deportation orders ask to stay in the US because they're receiving medical care that isn't available in their home countries. Many of them are children and many of the conditions are life-threatening. The Trump administration is canceling this "deferred action" program and has sent letters giving sick people 33 days to leave the country.
  • Not all children of Americans serving overseas will be citizens. Usually, when American parents have a child while they're out of the country, that child is automatically a US citizen. The law makes an exception for Americans who had lived in the US less than five years before they left the country, but there's always been an exception to the exception: If the reason you left the US was for the military or other government service, your kid is a citizen. But that exception-to-the-exception is being rolled back. "Who possibly thought this was a good idea?" asks an immigration lawyer.
  • Attorney General Barr is kicking back to the President. Barr has booked the Trump International Hotel in D.C. for a 200-person holiday party that he will pay for personally, at a cost upwards of $30K. (Barr's Justice Department is also defending Trump against lawsuits claiming that foreign spending at the hotel is an unconstitutional emolument.) Kickbacks are a classic form of corruption: The political boss doles out jobs and contracts from the public treasury, and the people who get them give a chunk of the money back to the Boss. This is Tammany Hall stuff.
  • Trump is steering the next G7 to his struggling resort. Another classic form of corruption is for a public official to steer public contracts towards his allies in the business community. When the Boss owns the business himself, it eliminates the middleman. The US is scheduled to host the 2020 G7 meeting, and holding it at the Trump Doral Resort has many advantages -- for Trump. It will draw a lot of foreign money (i.e. unconstitutional emoluments) to his property, give it lots of free publicity, and increase its prestige. Whatever advantages it has for the US or the G7 are much less clear.
  • Building the wall is more important than obeying the law. Reportedly, Trump has told his underlings to get his border wall built before the 2020 elections, and ignore laws that protect the environment and defend private property. He says he will pardon them. The White House did not deny that he said this, but claimed that he was joking.

Stay tuned. I'm sure there will be new outrages next week.

and a hurricane

As usual, I'm not going to try to compete with CNN and the Weather Channel on hurricane coverage. Dorian hit the Bahamas as a category-5 storm last night. The current prediction has it heading up Florida's Atlantic coast towards Georgia and the Carolinas. Where or whether it will make landfall in the US is still uncertain.

This is the fourth consecutive year with a category-5 Atlantic hurricane.


Former Canadian Prime Minister Kim Campbell aroused a furor with a since-deleted tweet rooting for Dorian to hit Trump's Mar-a-Lago resort in Palm Beach. (Dorian has turned north since then.) I generally disapprove of wishing harm on people, but I see her point here: Trump is so self-centered that nothing less than a personal loss will make him take climate change seriously.

and more shootings

Studies have shown that the public clamor to do something about gun violence tends to die down about three weeks after some horrific shooting. So that's been the gun lobby's strategy: stall for three weeks until public attention moves on.

But now we're running into the limits of that strategy: It only works if the country can go longer than three weeks between shootings. Saturday's mass shooting in Texas (on the highway connecting Midland and Odessa) came four weeks after the August 3 mass shooting in El Paso and August 4 mass shooting in Dayton. Those two were about a week after the Gilroy Garlic Festival shooting.

The Texas shooting knocked Friday night's high-school shooting in Alabama out of the news. At least six teens were shot at a football game, but nobody died.

Will something happen this time? Governor Gregg Abbott says "I'm tired of the dying of the people of the state of Texas. The status quo is unacceptable." But does that mean he'll actually do anything? (Texas actually loosened its gun laws, effective yesterday.) Promising action that never arrives -- as Trump did after Dayton/El Paso -- has become part of the delay-three-weeks playbook.

Congress returns from recess next week. Two very reasonable background-check bills have passed the House already, but Mitch McConnell has blocked any vote on them. There has been talk about a red-flag law or the renewal of the assault weapon ban that lapsed during the Bush administration. But will anything happen?


A California workplace has an expert come in to instruct the staff on what to do if there's an active shooter. The expert is Kayley, a girl who has had to learn all this in school.

and the countdown to a no-deal Brexit

One extreme (but very unlikely) solution to the Brexit problem is the Celtic Union shown on the map: England could go its own way while Northern Ireland, Scotland, Wales, and Cornwall stay in the EU.

An only slightly less radical path is the one Prime Minister Boris Johnson (a.k.a. the Trump of England) is maneuvering towards: The UK busts out of the EU on October 31 with no deal.

The sticking point in getting a deal with the EU is what to do with Northern Ireland: The whole point of Brexit (at least in the minds of its major supporters) is to have hard borders, so that the UK can reclaim control over the people and products that come into the country from  other EU nations. But the soft border between Ireland and Northern Ireland is at the center of the Good Friday Accords that ended the Troubles in Northern Ireland.

The EU has taken a hard line against a hard Irish border, because it feels an obligation to represent the interests of the country that is staying in the union: Ireland.

Johnson and his fellow Brexiteers have a very nuanced counter-offer: Fuck the Irish.

OK, that's an exaggeration. Johnson is currently saying the exact opposite  -- that there won't immediately be new border checks in Northern Ireland. But he won't say what there will be, and ultimately there's no way to achieve his Brexit goals without a border that checks passports and collects tariffs. So the real message is more like: "Trust us. We wouldn't fuck the Irish, would we?" Like the American Trump, though, Johnson is not particularly trustworthy.

The previous Tory government of Theresa May spent three years trying to deny the intractability of this problem. So May finally recognized her predicament and got out the only way she could: by resigning. Her successor has a different way out: Don't let Parliament get in the way, so that a no-deal Brexit can just happen on October 31 whether Parliament likes it or not. The Economist describes the situation like this:

This week opposition parties agreed that, when the Commons returned on September 3rd, they would try to hijack its agenda to pass a law calling for another extension of the Brexit deadline. But a day later Mr Johnson trumped them by announcing a long suspension of Parliament, from September 11th to October 14th, when a Queen’s Speech will start a new session. ... At almost five weeks, it will be Parliament’s longest suspension before a Queen’s Speech since 1945.

That leaves two weeks for Parliament to do something to avert a no-deal Brexit. But that's the rub: It would have to do something: revoke the UK's request to leave the EU, form a new government ... . And that's been the problem from the beginning: Brexit has always been just a vague idea; as soon as you zero in on an actual scenario, support goes away.

David Allen Green writes in the WaPo:

What will linger either way is the deep sense of wrongness, of the government attempting to unfairly (if not unlawfully) game the constitution so as to prevent legitimate checks and balances. This will not end well, whatever happens.

Basically, Johnson's maneuver takes a we-made-a-mistake situation and turns it into a somebody-screwed-us situation.

What's so bad about no deal? The UK is an island nation, so naturally a lot of necessities are imported. Roughly half of the UK's foreign trade is with the EU. No one is proposing to cut off that trade, but suddenly it will have to find new legal channels. Businesses in the EU will still want to export to the UK (and vice versa), but they won't know how to do it while new standards and practices are worked out. Ports and crossings that were designed for an open border will suddenly have to start checking passports and collecting tariffs, which will lead to considerable delays.

Likely problems were listed in a government document that leaked a few weeks ago.

In addition to the immediate chaos, a number of political consequences are likely within the UK: Scotland decided against independence in 2014, but Scots also voted overwhelmingly to remain in the EU. So the independence issue will rise again, particularly if a chaotic no-deal Brexit happens without Scottish MPs having a chance to vote against it.

And then there's Northern Ireland, where the Troubles are already starting to rumble again.

and James Comey

The FBI Inspector General released its report on James Comey's handling of the memos documenting his interactions with President Trump. I'll warn you: This is a mind-numbingly boring document. And that's unfortunate, because it means that most people will rely on someone else to read it for them. That, in turn, means that most people will only hear the spin allowed into their usual news bubbles.

(Something similar happened with regard to the State Department inspector general's report about Hillary Clinton's emails, as I reported at the time.)

Let me summarize the general shape of story here, which I think everyone agrees on: While he was FBI director, Comey wrote memos after meetings with President Trump. At the time, he had classification authority over those memos, all but two of which he decided were entirely unclassified. The ones that he judged to include classified information, he handled correctly.

Just before Comey was to testify before Congress (i.e., after he was fired), a group at the FBI reviewed the then-unclassified memos and decided that six words of one and a paragraph of another should be classified at the lowest level, Confidential. The newly classified parts were moments when President Trump had been talking about foreign countries and leaders, and the FBI group reasoned that revealing those statements might cause embarrassment to the US, because some of the countries or leaders might feel slighted. [My opinion: This is a judgment call people might legitimately disagree on, and in any case, it isn't a big deal.]

After leaving the FBI, Comey kept the memos he believed to be unclassified. He gave one to a friend in order to get its contents leaked to the media. (The newly classified parts weren't leaked, but the friend saw the six classified words: names of countries.) He also gave his lawyers copies of the memos he retained, so they also saw the newly classified information. In any case, none of the classified information got out.

We found no evidence that Comey or his attorneys released any of the classified information contained in any of the Memos to members of the media.

Comey treated the retained memos as personal property rather than as government property that should be returned to the FBI. The IG finds fault with him for this, because Comey wrote the memos while he was FBI Director, and they concerned conversations he wouldn't have had if he weren't FBI Director.

That's the whole story told in the report.

So what should we make of this? I suspect the IG is technically correct about the ownership of the memos. But let's consider just how minor a technicality this is: Suppose Comey had returned the memos when he left the FBI (as the IG said he should), and then (as a private citizen) had gone to his computer and written down his memories of his conversations with Trump as best he could remember them at that time, leaving out any statements that might be classified. That document would be his personal property -- similar to the my-days-in-the-White-House memoirs that get published all the time. Even if it contained all the unclassified information that was in the FBI memos, showing it to his lawyers or leaking it to the media would be unobjectionable.

Anyway, this is the situation that Rep. Peter King (R-NY) described on Fox News (in a clip Trump retweeted) as:

One of the most disgraceful examples of an abuse of power by a government official…when you read this report…this is a systematic effort to go after Candidate Trump, President Elect-Trump, and President Trump....you could virtually call this an attempted coup.

He can say stuff like this in complete confidence that the people listening to him won't read the report, which says nothing of the kind. Meanwhile, Josh Marshall makes the opposite case: Comey was a whistleblower, not a leaker:

Comey was not simply within his rights but had an affirmative obligation to bring this information to light. Critically, he had no reason to believe that the others in the existing chain of command weren’t compromised by Trump’s corruption and efforts to end the investigation. Indeed, what we have subsequently learned gives every reason to believe they were compromised. The only reason this isn’t obvious is that we’ve had Trump’s denials, lying and gaslighting in our collective heads for the last two plus years.


Full disclosure: There's a "Comey is my homey" t-shirt, which I suppose I could wear without too much exaggeration. We were at the University of Chicago at the same time: I finished my Ph.D. in math in 1984, and he got his law degree in 1985. I don't remember running into him.

but I paid attention to a court ruling

A federal appeals court overturned a lower court ruling and OK'd the practice of the Pennsylvania House of Representatives, which bars non-theists from acting as "guest chaplains" and leading the opening prayer.

Granted, this is not the most important thing that happened these last two weeks. Atheism, humanism, and the various forms of religion-without-God will carry on in Pennsylvania, and it's not even that big a blow to the separation of church and state (though it doesn't help). But I bring it up as an additional example of something I discussed in my recent Second Amendment article: how the world can change out from under a practice or text, so that it is honestly not clear how best to carry forward some legal tradition.

The strongest argument for why opening prayers are not themselves banned by the First Amendment (as a government "establishment of religion") goes back to the First Congress. The appeals court majority opinion (written by Judge Thomas Ambro) says:

Twice the Supreme Court has drawn on early congressional practice to uphold legislative prayer. It emphasized that Congress approved the draft of the First Amendment in the same week it established paid congressional chaplains to provide opening prayers.

However, the First Congress did not write down and vote on a policy that applied to all times and places. So it's left to us to interpret the arguments they were having and extrapolate from them. One thing they didn't do was insist that the opening prayer satisfy some particular orthodoxy. Ambro summarizes:

[O]ne might wonder whether a religious minister can accommodate the spiritual needs of a “secular agnostic” member of the Pennsylvania House. Or, for that matter, can a Catholic priest in the U.S. Senate accommodate the spiritual needs of Chuck Schumer, or a Jewish rabbi those of Mitt Romney? These questions are as old as the Republic, but they have been settled since the Founding. In the Continental Congress, John Jay and John Rutledge opposed legislative prayer on the theory that the delegates were “so divided in religious sentiments” that they “could not join in the same act of worship.” The two future Chief Justices could not see what an Episcopalian minister could possibly offer a Presbyterian or Congregationalist lawmaker. Their view lost out, however, when Samuel Adams countered that “he was no bigot” and would gladly “hear a prayer from a gentleman of piety and virtue,” no matter his denomination.

So we are left with the question of how far such ecumenism should stretch. In the First Congress, a Christian minister of any denomination could count as "a gentleman of piety and virtue", and that was as far as the principle needed to go. (Congress wouldn't have its first Jewish members until 1845, and I'm not sure when a woman first offered the opening prayer.) But how far should this traditional acceptance of pluralism stretch today, when religious diversity is so much greater?

Judge Ambro extends acceptance to all theists -- and to Buddhists, for reasons that don't entirely make sense -- but no further.

Legislative prayer has historically served many purposes, both secular and religious. Because only theistic prayer can achieve them all, the historical tradition supports the House’s choice to restrict prayer to theistic invocations.

Judge Felipe Restrepo, on the other hand, is horrified that his colleague has just ruled on what prayer is and what purposes it serves, "which, in my view, are precisely the type of questions that the Establishment Clause forbids the government—including courts—from answering". His dissenting opinion interprets the opening-prayer tradition differently:

Purposeful exclusion of adherents of certain religions or persons who hold certain religious beliefs has never been countenanced in the history of legislative prayer in the United States, and, therefore, viewed in the proper context, the Pennsylvania House’s guest-chaplain policy does not fit “within the tradition long followed in Congress and the state legislatures” because it purposefully excludes persons from serving as guest chaplains solely on the basis of their religions and religious beliefs.

I'm not attempting to resolve the judges' disagreement -- a job for the Supreme Court -- but only to call attention to a more general point, which is the fundamental flaw at the heart of originalism: We can hope to understand what previous generations thought about their world. But when the world changes, we can't hold a séance and ask how they want us to respond to our world.

and you also might be interested in ...

Chinese police are getting increasingly violent against the Hong Kong protests. But the large-scale demonstrations have been going on for 12 weeks and show no signs of stopping. Vox has a good what-is-this-about article.


The NYT's Roger Cohen seems to be making a pro-Trump point in "Trump Has China Policy About Right", but he's actually saying the same thing I've been saying: China is our main global competitor, it has been playing by it's own rules, and it's high time we confronted them about that. But at the same time, Trump is doing this in a very stupid way: chaotically and without allies.

Cohen's assessment of "about right" involves grossly lowering his standards, as so many pundits do when they assess Trump. Trump "flails" and is "erratic". His attempt to order American businesses out of China is "a trademark Trump grotesquerie". Somehow that adds up to "about right".


The next Democratic presidential debates are set for September 12, and stricter requirements have brought the roster down to 10 candidates, who will all be on stage at the same time: Biden, Booker, Buttigieg, Castro, Harris, Klobuchar, O'Rourke, Sanders, Warren, and Yang.


As you might guess from the quote at the top, I read Pete Buttigieg's autobiography Shortest Way Home this week. If you enjoy listening to Mayor Pete talk (I do), you'll enjoy his book. It's engaging, thoughtful, and at times funny.

One funny moment is when he's filling out paperwork for the Navy Reserve. Buttigieg asks an officer for advice on the question "Are you considered a key employee in your civilian workplace?" The officer explains that it's for first-responders and the like. Pete still doesn't know how to answer. "Who do you work for?" the officer asks. Pete says he works for the city. "Can anyone else do your job?" Not exactly, Pete answers. "So what are you, the mayor or something?"

It turns out that no, from the Navy's point of view the mayor is not a "key employee".

Later, a different officer asks Pete how his employer is handling his deployment, and Pete says they've been wonderful about it. The officer says there's an award he can put them in for. When he finds out Pete works for local government, the officer says that's perfect, because politicians love getting awards like that.

I also enjoyed watching him mix together his various worlds of experience: bringing his management consultant background into city government, observing like a mayor the Kabul government's successes and failures in providing local services under difficult conditions, and so on. (One unstated theme of the book is that for a young guy, he's done a lot of different things.)

One amusing example is when he brings the military concept of "training age" into dating. If you've just start to learn about something, your "training age" is young, even if your physical age is much older. Well, Pete took a long time admitting he was gay, and then even longer before he came out publicly. So when he starts to date (after 30), he admits that with respect to dating, his training age is "practically zero".

and let's close with something heart-warming

It's always chancy to imagine what another species is thinking, but in this video it sure looks like a dolphin comes to a diver for help, patiently and trustfully endures having a hook removed from its flesh and fishing line untangled from its flipper, and then swims off.