Trump, Trump, Trump
If you’ve already heard enough, I’ll take no offense if you skip this section. But the first three of these Trump-related items all involve a bit of my own thinking and analogizing, not just quotes without comment.
Flight 93 Indictments
People continue to make the case that what Donald Trump did — here, there, everywhere — was criminal and that he should be charged. I’ll stipulate for sake of argument that every one of those arguments, even the weakest of them, is correct.
Some convictions, I believe (don’t bet anything you can’t afford to lose), would disqualify him from running in 2024.
But can we get convictions? When did Trump’s lawyers ever allow any case against him to go forward expeditiously? When did they not throw up every conceivable preliminary motion to put a spanner in the works?
And with his astonishing continued levels of support (at least as reported to pollsters; I can’t rule out mischievous responses), can we really expect unanimous jury verdicts of "guilty" anywhere in this country?
An acquittal, even if the jury voted 11-1 for conviction, might well strengthen him and his narrative of "all the poopy-heads hate me."
Michael Anton infamously argued in the 2016 Election cycle that it was either Donald Trump or the end of America as we know it. It was like flight 93: storm the cockpit and we just might live.
Let’s not repeat Anton’s mistake in reverse: "if we indict him, we just might get a conviction that will disqualify him from running again; whereas if we don’t, he’ll run again, win, and it will be the end of America as we know it."
I do think that Trump 2024 could be the end of America as we know it, and the January 6 Committee hearings have put at least slightly reinforced that in my mind (I was very anti-Trump before January 6 and before the hearings). They may even have had a net-positive effect on the electorate, swaying more against Trump than toward him in false sympathy for him as victim. But I think that beating him at the polls with a reformed Electoral Count Act to thwart shenanigans is a sounder strategy than trying to disqualify him with a felony conviction.
(David French’s argument in Friday’s Atlantic tends toward indictment despite unnamed risks — because (as I interpret it) we must show that nobody is above the law.)
I confess to TDS
I laughed at Democrats suffering Bush Derangement Syndrome. I laughed at Republicans suffering Obama Derangement Syndrome, but also shook my head at their frequent racist dog-whistles. I was above all that.
Then Donald Trump actually got the Republican nomination, and if someone wanted to call my reaction Trump Derangement Syndrome, I’d understand. My main defense is that I was right: his narcissism eventually so distorted his reality field that he put the nation at grave and unnecessary risk beginning Election Day 2020.
Conspiracy or Tragedy?
It is a sign of the committee Democrats’ love of country that they have allowed the hearings to proceed this way. They are crafting a story about Jan. 6 as a battle between Republican heroism and Republican villainy. It seems intended to create a permission structure for Trump supporters to move on without having to disavow everything they loved about his presidency, or to admit that Jan. 6 was the logical culmination of his sadistic politics.
If you believe, as I do, that Trump’s sociopathy makes him a unique threat to this country’s future, it makes sense to try to lure Republicans away from him rather than damn them for their complicity. There is a difference, however, between a smart narrative and an accurate one. In truth, you can’t cleave Trump and his most shameless antidemocratic enablers off from the rest of the Republican Party, because the party has been remade in his image. Plenty of ex-Trump officials have come off well in the hearings, including the former deputy national security adviser Matthew Pottinger, the former acting attorney general Jeffrey Rosen and, in video testimony, the former White House counsel Pat Cipollone. That shouldn’t erase the ignominy of having served Trump in the first place.
Michelle Goldberg, The Myth of the Good Trump Official.
Goldberg had me in the first paragraph but substantially lost me in the second. My TDS doesn’t make me condemn everyone who served in the Trump administration. For many of them, their service was a sign of their love of country, for which they willingly put their reputations and political futures permanently at risk to be among the adults in the room.
I know, I know: Many of them ended up as infantilized sycophants, but I don’t think that’s how they, or at least most of them, went in.
The difference between Goldberg and me on this topic is that she seemingly views the Trump years mostly as a conspiracy of bad actors against the country whereas I see it more as a tragedy, whereby a malign leader seduced a lot of benign-to-neutral followers — my paradigm being Mark Studdock in C.S. Lewis’ That Hideous Strength.
If you insist on Mephistopheles and a bunch of Fausts, I’d insist back at you that they didn’t think they were Fausts when they initially said "yes." They thought of themselves as the alternative to cronies and crazies who ended up being named Steve Bannon, Rudy Giuliani, Roger Stone, Sydney Powell, Michael Eastman, Mike Lindell and such.
And although I recognized grave danger in Trump’s narcissism, I did not foresee his seductiveness — though his ability to seduce an electoral majority of voters should have warned me.
Why I still read the New York Times
By insisting that he was cheated out of victory, Trump fashioned himself into a king-in-exile rather than a loser — an Arthur betrayed by the Mordreds of his own party, waiting in the Avalon of Mar-a-Lago to make his prophesied return.
As with many forms of dark Trumpian brilliance, though, the former president is not exactly in conscious control of this strategy. He intuited rather than calculated his way to its effectiveness, and he seems too invested in its central conceit — the absolute righteousness of his “Stop the Steal” campaign — to modulate when it begins to reap diminishing returns.
While Ron DeSantis, his strongest potential rival, has been throwing himself in front of almost every issue that Republican primary voters care about, Trump has marinated in grievance, narrowed his inner circle, and continued to badger Republican officials about undoing the last election. While DeSantis has been selling himself as the scourge of liberalism, the former president has been selling himself mostly as the scourge of Brian Kemp, Liz Cheney and Mike Pence.
A counterargument, raised on Friday by New York Magazine’s Jonathan Chait, is that so long as those lukewarm supporters still believe the 2020 election was unfair, Trump will have a trump card over any rival — because if you believe a steal happened, “you are perfectly rational to select a candidate who will acknowledge the crime and do everything to prevent it from reoccurring.”
But it seems just as possible for the lukewarm supporter to decide that if Trump’s response to being robbed was to first just let it happen and then ask his vice president to wave a magic wand on his behalf, then maybe he’s not the right guy to take on the Democratic machine next time.
There is more than one way, in other words, for Republican voters to decide that the former president is a loser ….
Ross Douthat in the New York Times.
Once again, it’s Trump’s narcissism: it’s all about him and to hell with everything else.
The Great EV Scam
Regulators everywhere are structuring their electric-vehicle industries on the Norway model, based on subsidies from less-affluent people who continue to buy gas-powered cars. A zombie business or industry, in today’s parlance, is one sustained less by creative destruction than by a combination of government bailout, regulation and hidden subsidies. This is what the global auto sector is becoming. Germany, having saddled its domestic makers with mandates for diesel and then electric vehicles, has repeatedly had to scarf together hidden rescues when the mandated investments didn’t pay off. Don’t think it can’t happen here. In fact, the history of the U.S. auto sector since the Chrysler bailout of 1980 has been of more or less continuous open and crypto-bailouts.
Holman W. Jenkins, Jr., The Upside-Down Logic of Electric SUVs
America, Abortionmonger to the World
A foreign policy pushing for abortion abroad is also a strategic blunder with long-term consequences. Many countries in Africa, Asia and Latin America have strict limits on abortion, and even most of the free world is closer to Dobbs than to Roe.
Some Western politicians, such as French President Emmanuel Macron, and the European Parliament have joined Mr. Biden in denouncing Dobbs. But their statements reflect more the global solidarity of pro-abortion politicians than diplomatic prudence or even their own nations’ laws and practices.
Jakub Grygiel and Rebeccah Heinrichs, Biden’s Abortion Politics Will Undermine America’s World Standing.
Note that the characterization of the free world in the first paragraph is true only in the sense that Western Europe largely leaves abortion to political processes, as does Dobbs not constitutionalizing it s did Roe. It’s false insofar as it implies that Dobbs sets a national policy of, say, legal abortion in the first trimester, which is roughly where Western Europe tends to be, as compared to Roe‘s much more radically permissive regime.
SCOTUS legitimacy: two views
For three decades, Casey was precedent on precedent. But that is not the only conception of legitimacy.
On Thursday, Justice Kagan spoke to the Ninth Circuit Judicial Conference. She was careful to avoid talking about Dobbs directly, but she clearly alluded to the case. And, according to the Washington Post–I’ve not yet found video of the event–she invoked the concept of "legitimacy" as defined by Casey. That is, the Court’s "legitimacy" is linked to public perception …
The Dobbs Court emphatically repealed and replaced that notion of legitimacy. Now, legitimacy is defined by following written law, without regard to public perception. Linda Greenhouse’s column laments that shift:
. . . Justice Alito actually had the gall to write that "we do not pretend to know how our political system or society will respond to today’s decision." Polls conducted before the opinion’s release showing that upward of two-thirds of Americans wanted to retain a right to abortion offered a hint and were perhaps what led to Justice Alito’s self-righteous declaration: "We cannot allow our decisions to be affected by any extraneous influences such as concern about the public’s reaction to our work."
Dobbs overruled Casey‘s undue burden framework, but also overruled the precedent on precedent. Justice Scalia would often joke that the Constitution is dead, dead, dead. We should say the same for Casey‘s precedent on precedent. It’s dead, dead, dead.
Josh Blackman at the Volokh Conspiracy.
The other book-banners
We hear constantly about conservative efforts to "ban books," which accusation sometimes amounts to nothing more than taking a book out of a curriculum while leaving it readily available in the school library. But that’s not the whole story:
Last year, when the American Booksellers Association included Abigail Shrier’s book, “Irreversible Damage: The Transgender Craze Seducing Our Daughters,” in a mailing to member booksellers, a number of booksellers publicly castigated the group for promoting a book they considered transphobic. The association issued a lengthy apology and subsequently promised to revise its practices. The group’s board then backed away from its traditional support of free expression, emphasizing the importance of avoiding “harmful speech.”
A recent overview in Publishers Weekly about the state of free expression in the industry noted, “Many longtime book people have said what makes the present unprecedented is a new impetus to censor — and self-censor — coming from the left.” When the reporter asked a half dozen influential figures at the largest publishing houses to comment, only one would talk — and only on condition of anonymity. “This is the censorship that, as the phrase goes, dare not speak its name,” the reporter wrote.
Pamela Paul, There’s More Than One Way to Ban a Book
It’s a long way to Heaven dear Lord,
it’s a hard row to hoe
And I don’t know if I’ll make it dear Lord
but I sure won’t make it alone.
SmallTown Heroes, Long Road, from their one-and-so-far-only "byzantine bluegrass" album Lo, the Hard Times.
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