Donald Trump is not a madman. He is not entirely ignorant of American history or constitutional prohibitions on government excess, nor does he lack a sense of propriety. The act of populist demagogue demands of him regular outbursts aimed at the perceived enemies of the righteously aggrieved “forgotten man.” This is no harmless display; it distracts the public from matters Trump wishes to see buried. For now, the only story that matters beyond the Trump administration’s staffing decisions is the president-elect’s personal conflicts of interest and the inevitable clash with Congress they will engender. Everything else is convenient stray voltage.
Given the clumsy and unsophisticated messages he disseminates, it is easy to underestimate how elegantly Donald Trump wields his Twitter account. It is a populist cudgel with which he hectors his adversaries, validates his supporters, and presents himself to the nation as an accessible and relatable figure. Trump uses this asset to his advantage, albeit in ways that horrify Americans with a sense of civic decency.
On Monday, Trump spent the evening republishing the thoughts of a self-described 16-year-old anonymous fan who berated a CNN reporter in the president-elect’s name. The offending journalist had the temerity to discover that there was no supporting evidence to back up Trump’s claim that millions of illegal immigrants voted in states he lost, thus costing him a popular vote victory on November 8. Trump could not correct the reporter, so he branded him vrag naroda.
This distracting ploy was exposed for the gambit it was just hours later when Trump took to his Twitter account to change the subject entirely. “Nobody should be allowed to burn the American flag–if they do, there must be consequences–perhaps loss of citizenship or year in jail!” the president-elect exclaimed. Predictably, the usual suspects took to their corners. The terms were set: Namby-pamby constitutionalists were aghast. The salt of the earth folk were invigorated. Trump-friendly journalists who fancy themselves Keeper of the Court’s Privy Seal went about translating the president-elect’s uncouth diktats for the aristocracy. Trump’s behavior is transparent emotional manipulation, and it works like a charm every time.
Trump regularly primes the nation to engage in comfortably familiar fits of emotional pique over settled arguments (the constitutionality of flag burning has long been reconciled, but the practice is wildly unpopular). All the while, Trump manages to evade broader scrutiny over his complex conflicts of interest, none of which he seems all that eager to resolve and some which could put the country on a collision course toward a constitutional crisis.
Donald Trump spent so much time on the campaign trail at his new Washington D.C. hotel in the renovated Old Post Office Pavilion that reporters began to think they were being used to promote the accommodations. As a rare example of a Trump property in the United States that was constructed in this century, the president-elect coveted the project. He even touted its ahead-of-schedule completion as evidence of some of the things he can accomplish as president. Trump may have to give it up.
“The contract language is clear,” declared Steve Schooner and Daniel Gordon in an investigative report for Government Executive Magazine, a business publication aimed at executive-level state and federal officials. “No … elected official of the Government of the United States … shall be admitted to any share or part of this Lease, or to any benefit that may arise therefrom….” Those are the terms of the Trump organization’s lease agreement, and they don’t appear to provide the president with any leeway.
“While we recognize that some of the statutory ethics rules that generally apply to federal officials exempt the president and vice president, the prohibition on benefiting from the Old Post Office Pavilion lease does not exempt Mr. Trump,” the authors wrote. Trump continues to hold a majority stake in the hotel while Trump’s children each hold minority shares. A provision in the lease allows Trump to transfer his shares to his children, but that would preclude them from serving in any advisory capacity in the White House—roles Trump has expressed an interest in seeing his children fill.
Trump has expressed his desire on a theoretical level to unwind the myriad projects and assets that constitute the Trump Organization, and many have speculated that Trump may be unable to divest himself of his assets. He has, however, brazenly maintained his business ties as the president-elect.
Trump has allowed his daughter to sit in on a meeting with the Japanese Prime Minister in her official capacity as executive vice president of the Trump Organization. He has taken meetings with developers in India with close ties to the country’s leading business and governmental authorities. Trump properties in Brazil, Ireland, and Scotland have ongoing disputes with local authorities over zoning and corruption issues that would invariably compromise President Trump’s ability to work with those governments. Trump has seemed to endorse the authoritarian crackdown by Turkish President Recep Tayyip Erdoğan, which some speculated could be related to a conflict of interes, to which Trump himself admitted, related to an Istanbul property.
These are scandals in the making, and scandals have a way of snowballing. Scandals related to personal corruption can make an administration toxic. They steal away friends, stiffen the resolve of adversaries, and make compromise impossible, even for members of the same party. The longer Donald Trump can keep the public’s focus off of that which matters and on frivolous, fabricated controversies, the longer he can postpone an inevitable clash with Congress. In this, Trump’s greatest assets are a public that demands nothing too complicated from the arbiters of political discourse and a media culture that is all too eager to oblige.
Choose your plan and pay nothing for six Weeks!
Trump, Playing the Public for Fools
Must-Reads from Magazine
Banality and evil.
A week ago, I wondered what was going on in Sunspot, New Mexico. The FBI had swept into this mountain-top solar observatory, complete with Black Hawk helicopters, evacuated everyone, and closed the place down with no explanation whatever. Local police were politely told to butt out. It was like the first scene in a 1950’s Hollywood sci-fi movie, probably starring Walter Pidgeon.
Well, now we know, at least according to the New York Post.
If you’re hoping for little green men saying, “Take me to your leader,” you’re in for a disappointment. It seems the observatory head had discovered a laptop with child pornography on it that belonged to the janitor. The janitor then made veiled threats and in came the Black Hawks.
In sum, an all-too-earthly explanation with a little law-enforcement overkill thrown in.
Choose your plan and pay nothing for six Weeks!
The demands of the politicized life.
John Cheney-Lippold, an associate professor of American Culture at the University of Michigan, has been the subject of withering criticism of late, but I’m grateful to him. Yes, he shouldn’t have refused to write a recommendation for a student merely because the semester abroad program she was applying to was in Israel. But at least he exposed what the boycott movement is about, aspects of which I suspect some of its blither endorsers are unaware.
We are routinely told, as we were by the American Studies Association, that boycott actions against Israel are “limited to institutions and their official representatives.” But Cheney-Lippold reminds us that the boycott, even if read in this narrow way, obligates professors to refuse to assist their own students when those students seek to participate in study abroad programs in Israel. Dan Avnon, an Israeli academic, learned years ago that the same goes for Israel faculty members seeking to participate in exchange programs sponsored by Israeli universities. They, too, must be turned away regardless of their position on the Israeli-Palestinian conflict.
When the American Studies Association boycott of Israel was announced, over two hundred college presidents or provosts properly and publicly rejected it. But even they might not have imagined that the boycott was more than a symbolic gesture. Thanks to Professor Cheney-Lippold, they now know that it involves actions that disserve their students. Yes, Cheney-Lippold now says he was mistaken when he wrote that “many university departments have pledged an academic boycott against Israel.” But he is hardly a lone wolf in hyper-politicized disciplines like American Studies, Asian-American Studies, and Women’s Studies, whose professional associations have taken stands in favor of boycotting Israel. Administrators looking at bids to expand such programs should take note of their admirably open opposition to the exchange of ideas.
Cheney-Lippold, like other boycott defenders, points to the supposed 2005 “call of Palestinian civil society” to justify his singling out of Israel. “I support,” he says in comments to the student newspaper, “communities who organize themselves and ask for international support to achieve equal rights, freedom and to prevent violations of international law.” Set aside the absurdity of this reasoning (“Why am I not boycotting China on behalf of Tibet? Because China has been much more effective in stifling civil society!”). Focus instead on what Cheney- Lippold could have found out by Googling. The first endorser of the call of “civil society” is the Council of National and Islamic Forces (NIF) in Palestine, which includes Hamas, the Popular Front for the Liberation of Palestine, and other groups that trade not only in violent resistance but in violence that directly targets noncombatants.
That’s remained par for the course for the boycott movement. In October 2015, in the midst of the series of stabbings deemed “the knife intifada,” the U.S. Campaign for the Academic and Cultural Boycott of Israel shared a call for an International Day with the “new generation of Palestinians” then “rising up against Israel’s brutal, decades-old system of occupation.” To be sure, they did not directly endorse attacks on civilians, but they did issue their statement of solidarity with “Palestinian popular resistance” one day after four attacks that left three Israelis–all civilians–dead.
The boycott movement, in other words, can sign on to a solidarity movement that includes the targeting of civilians for death, but cannot sign letters of recommendation for their own undergraduates if those undergraduates seek to learn in Israel. That tells us all we need to know about the boycott movement. It was nice of Cheney-Lippold to tell us.
Choose your plan and pay nothing for six Weeks!
Convenience, wrote Columbia University law professor Tim Wu, is a tyrant. It makes our lives easier and more enjoyable, but everything comes with a price tag. We may not recognize that which we are sacrificing in the pursuit of convenience, but we are sacrificing nonetheless.
The instant gratification associated with on-demand society has made America’s shared cultural moments a thing of the past. The explosion of online shopping has eliminated the time consumers wasted traveling from store to store, but physical retail is dying as a result. The modern public square and the daily human interactions that it encouraged will disappear along with it. Machine learning has the power to introduce a “more compassionate social contract” and reduce physical risk associated with workplace hazards or lifestyle choices. But risk is just another word for freedom and, in the pursuit of convenience, we risk sacrificing our independence along with our hardships.
“We’re really reinventing the traditional insurance model with our vitality program,” said Marianne Harrison, the CEO of one of North America’s largest life insurers, John Hancock, in a recent appearance on CNBC. The beaming insurance executive boasted of her firm’s effort to marry a “technology-based wellness program” with an “insurance product.” That’s a loaded way of saying that this American insurer is soon going to charge based on the real-time monitoring of your daily activities. Behavior-based insurance will track the health data of policyholders through wearable devices or smartphones and distribute rewards based on individual choices. You don’t have to wear a tracking device to participate in this program—at least, not yet. Harrison assured skeptics that they could also dole out rewards to policyholders who take simple steps like reading preapproved literature, the consumption of which they presumably track.
This innovation is optional today, but the savings it yields for both consumer and insurer guarantee that it will soon become a standard feature of the insurance landscape. Your freedom to eat poorly, use tobacco products, drink alcohol, or perform any number of physical activities that include varying levels of risk are not limited. You’ll just have to pay for them. And if Democratic policymakers succeed in nationalizing the private health insurance industry under the auspices of Medicare-for-all or single-payer or whatever other euphemisms they apply to the public confiscation of private property, these “tools” will only become more pervasive.
A similar rationale—the primacy of collective health—can be applied to any number of activities that invite unnecessary risk that technology can mitigate. Foremost among these is the terribly dangerous American habit of driving a car.
In 2017, there were over 40,000 automobile-related fatalities. This was the second consecutive year in which the roads were that deadly and, if observers who attribute this rate of fatal traffic accidents to an increase in smartphone ownership are correct, there will not be a decline anytime soon. A 2015 study purported to show that replacing manual vehicles with autonomous cars or vehicles with advanced driver-assistance systems could eliminate up to 90 percent of all fatal accidents and save as many as 300,000 American lives each decade. It is perhaps only a matter of time before the option to own a driverless vehicle becomes a mandate with a hefty financial penalty imposed on those who opt out.
“[T]he threat to individual freedom that the driverless car is set to pose is at this stage hard to comprehend,” wrote National Review’s Charles C.W. Cooke. Presently, the car transports its diver to wherever they’d like to go, whether there are roads to facilitate the journey or not. In a driverless world, as Cooke noted, the driver becomes a mere occupant. They must essentially ask the car for permission to transit from point A to point B, and the whole process is monitored and logged by some unseen authorities. Furthermore, that transit could ostensibly be subject to the veto of state or federal authorities with the push of a button. That seems a steep price to pay for a little convenience and the promise of safety.
The pursuit of convenience, as Professor Wu explained, has resulted in remarkable social leveling. We enjoy more time today for “self-cultivation,” once only the province of the wealthy and aristocratic, than at any point in history. And yet, we cannot know true liberty without hardship. “The constellation of inconvenient choices may be all that stands between us and a life of total, efficient conformity,” Wu concluded.
There is more to celebrate in the technological revolutions of the last quarter-century than there is to lament. But in the pursuit of convenience, we’ve begun to make spontaneity irrational. In life, the rewards associated with experience are commensurate with that which is ventured. In a future in which the world’s sharp edges are bubble-wrapped, your life may exceed today’s average statistical length. But can you really call it living?
Choose your plan and pay nothing for six Weeks!
Podcast: Christine Rosen on Brett Kavanaugh.
The podcast welcomes COMMENTARY contributor and author Christine Rosen on the program to discuss the allegations against Supreme Court nominee Brett Kavanaugh. Have his confirmation hearings have transformed into another chapter in the national cultural reckoning that is the #MeToo moment?
Choose your plan and pay nothing for six Weeks!
Justice both delayed and denied.
According to Senate Judiciary Committee Democrat Chris Coons, Dr. Christine Blasey Ford, the woman who has accused Judge Brett Kavanaugh of sexually assaulting her when she was a minor, did not want to come forward. In an eerie echo of Anita Hill’s public ordeal, her accusations were “leaked to the media.” With her confidentiality violated, Ford had no choice but to go public. Coons could not say where that leak came from, but he did confess that “people on committee staff” had access to the letter in which Ford made her allegations. Draw your own conclusions.
Though many observers insist that what we have witnessed since Ford’s allegations were made public is about justice, it’s hard to see any rectitude in this process. Ford has been transformed into a public figure apparently against her wishes. The details of the attack that Ford alleges are deeply disturbing, but they are not prosecutable. Ford’s recollection of the events 36 years ago is understandably hazy, but what she alleges to have occurred is too vague to establish with much accuracy. She cannot recall the precise date or location in which she was supposedly attacked. Contrary to the protestations of Senate Democrats like Kamala Harris, the FBI cannot get involved in a matter that is not within the federal government’s jurisdiction. And even if local authorities were inclined to involve themselves, the statute of limitations long ago elapsed.
With precious few facts available to congressional investigators and without the sobriety that public scrutiny in the age of social media abhors, the spectacle to which the nation is about to be privy is undoubtedly going to make things worse. A public hearing featuring both Ford and Kavanaugh will be a performative and political display, if it happens at all. It will be adorned with the trappings of courtroom proceedings but with none of the associated protections afforded accused and accuser alike. It will further polarize the nation such that, whether Kavanaugh is confirmed or not, public confidence in Congress and the Supreme Court will be severely damaged. And no matter what is said in that hearing, it is unlikely to change many minds.
Given the dearth of hard evidence, it is understandable that observers have begun to look to their own experiences to evaluate the veracity of Ford’s allegations. The Atlantic contributor Caitlin Flanagan is the author of a powerful and compelling example of this kind of work. Her essay, entitled “I Believe Her,” is important for a variety of reasons. Maybe foremost among them is how she all but invalidates defenses of Kavanaugh that are based on the positive character references he’s assembled from former female acquaintances and ex-girlfriends. Flanagan was assaulted as a young woman, and her abuser—a man she says drove her to a suicidal depression similar to what Ford has described to her therapist—was not interested in a romantic relationship. CNN political commenter Symone Sanders, too, confessed that “there is no debate” in her mind as to Kavanaugh’s guilt, in part, because she was the victim of a sexual assault in college. The similarities between what she endured and what Ford says occurred are too hard for her to ignore.
These are harrowing stories, but they also reveal how little any of this has to do with Brett Kavanaugh anymore. For some, this has become a proxy battle in the broader cultural reckoning that began with the #MeToo moment. Quite unlike the many abusive men who were outed by this movement, though, the evidentiary standard being applied to Kavanaugh’s case is remarkably low. His innocence has not been presumed, and a preponderance of evidence has not been marshaled against him. It is not even clear as of this writing that Kavanaugh will be allowed to confront his accuser. At a certain point, honest observers must concede that getting to the truth has not been a defining feature of this process.
In the face of this adversity, there are some Republicans who are willing to sacrifice Kavanaugh’s nomination. Some appear to think that Kavanaugh’s troubles present them with an opportunity to advance their own political prospects and to promote a replacement nominee with whom they feel a closer ideological affinity. Others simply don’t want to risk standing by a tainted nominee. The stakes associated with a lifetime appointment to the Supreme Court are too high to confirm a justice with an asterisk next to his name—a justice who may tarnish future rulings on sensitive cases by association. Those Republicans are either capitulatory or craven.
Based on what we know now, Kavanaugh does not deserve an asterisk. Maybe he will tomorrow, but he doesn’t today. Those who would allow what is by almost all accounts an exemplary legal career to be destroyed by unconfirmable accusations or outright innuendo will not get a better deal down the line. Some Republicans are agnostic about Kavanaugh’s fate and believe that his being stopped will make room for a more doctrinaire conservative like Amy Coney Barrett. But they will not get their ideologically simpatico justice if they allow the defiling of the process by which she could be confirmed.
The experiences that Dr. Ford described are appalling. Even for those who are inclined to believe her account and think that she is due some restitution, no true justice can be meted out that doesn’t infringe on the rights of the accused. Those in the commentary class who would use Kavanaugh as a stand-in for every abuser who got away, every preppy white boy who benefited from unearned privilege, every hypocritical conservative moralizer to exact some karmic vengeance are not interested in justice. They want a political victory, even at the expense of the integrity of the American ideal. If there is a fight worth having, it’s the fight against that.