Tag: Damon Linker

”He who saves his country breaks no law”

Damon Linker’s These Thinkers Set the Stage for Trump the All-Powerful is the most coherent account I’ve seen of the seeming chaos of Trump’s first 100 days. (Shared link) What’s happening is not an aggressive version of unitary executive theory; it’s more tyrannous than that.

But in this case, to understand is not to be reassured. There is a dictatorial theory behind Trump’s assertion that “He who saves his country breaks no law,” and it is limited only if he gets tired of declaring bogus emergencies (from which to “save America”) or declines to defy the courts.

[Leo] Strauss sets out a timeless moral standard of what is “intrinsically good or right” in normal situations as the just allocation of benefits and burdens in a society. But there are also “extreme situations” — those in which “the very existence or independence of a society is at stake.” In such situations, the normally valid rules of “natural right” are revealed to be changeable, permitting officeholders to do whatever is required to defend citizens against “possibly an absolutely unscrupulous and savage enemy.”

Who gets to determine “extreme situations?” Strauss answers that it is “the most competent and most conscientious statesman” who decides. The statesman must also identify foreign enemies as well as “subversive elements” at home.

In recent decades, presidents of both parties have used emergency declarations to enhance their freedom of action. Barack Obama declared a dozen emergencies during his eight years in office. Mr. Trump declared 13 in his first presidency, while Joe Biden declared 11.

In only the first few months of his second term, Mr. Trump has declared eight ….

Coincidentally, Paul Dans, muse of Project 2025 (and a misogynist abuser and demeaner), defends Trump’s actions as absolutely necessary to “save America” in the Economist a few days ago. His argument eerily reflects what Linker has identified, but as ipse dixit rather than as the realization of intellectual theories that have been floating around a while.

The fit between Dans’ propaganda and Linker’s explanation adds to my assurance that Linker has nailed it.

Over at his Substack, Linker expatiates:

One brief thing I want to add here that I don’t explicitly spell out in the op-ed: What’s typically called unitary executive theory is primarily about the president asserting power over the executive branch in a vertical way. Trump’s claim to possess the power to hire and fire executive branch employees as he sees fit, like his denial of their independence from presidential will, can be described as applications of that theory, which has been around since (at least) the Reagan administration.

But Trump has also been seeking to elevate the executive branch over the legislative and judicial branches of the federal government. He’s done this by refusing to enforce the law banning TikTok (which was passed by Congress, signed into law by Joe Biden, and deemed constitutional by a 9-0 Supreme Court decision), by claiming the power to impound congressionally appropriated funds, by defying judicial rules and expressing contempt for federal judges and courts, including when it comes to permitting due process to noncitizens marked for deportation. All of that can be described as a horizontal assertion of power that denies the doctrine of separate co-equal branches of government in favor of executive supremacy. (I’m relying here on a distinction drawn by Jack Goldsmith in his interview with Ross Douthat. I wrote about that interview in a post I published a couple of weeks ago.)

It’s primarily in the latter assertions of power that the tradition I’m writing about in today’s op-ed comes into play. The people I highlight genuinely believe that politics at its peak involves great statesmen looking out at the world, sizing up the situation (often deemed an emergency requiring decisive action), and making singular, unimpeded life-and-death decisions about what it will take to preserve the polity against an existential threat. That’s a justification for absolute executive governance.

I’ve been quoting Jonah Goldberg in my footer for a few months now, but never has it been more apt:

Your enemies are not demonic, and they are not all-powerful and the right hasn’t always lost and the left hasn’t always won. But if you convince yourself of that, you give yourselves all sorts of permission to do a lot of stupid and terrible things under the rubric of “Do you know what time it is?”

Jonah Goldberg.

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on the only social medium I frequent, because people there are quirky, pleasant and real.

Monday 9/17/18

1

David French is much more sensible than Damon Linker on the current status of the Brett Kavanaugh nomination. Linker’s approach gives veto power to accusers whose lurid accusations are likelier false than true (by which I’m not pre-judging the current accusations — I’m talking about his rationale).

Neither would approve a Thursday vote, though.

2

I believe it was Ross Douthat who coined “if you don’t like the Religious Right, just wait ’till you see the irreligious right.” That’s panning out — though the “irreligion” is just one facet of communal breakdown:

[T]he different groups make about the same amount of money, which cuts against strict economic-anxiety explanations for Trumpism. But the churchgoers and nonchurchgoers differ more in social capital: The irreligious are less likely to have college degrees, less likely to be married and more likely to be divorced; they’re also less civically engaged, less satisfied with their neighborhoods and communities, and less trusting and optimistic in general.

This seems to support the argument, advanced by Tim Carney of the Washington Examiner among others, that support for populism correlates with a kind of communal breakdown, in which secularization is one variable among many leaving people feeling isolated and angry, and drawing them to the ersatz solidarity of white identity politics.

… only about a third of Trump’s 2016 voters are in church on a typical Sunday, and almost half attend seldom or not at all.

Ross Douthat

3

[T]he Deep State now feels confident enough to say … openly: the Deep State wants international conflict. The op-ed includes a bald-faced declaration to that effect:

Take foreign policy: in public and private, President Trump shows a preference for autocrats and dictators, such as President Vladimir Putin of Russia and North Korea’s leader, Kim Jong-Un . . .

Astute observers have noted, though, that the rest of the administration is operating on another track, one where countries like Russia are called out for meddling and punished accordingly. . .

The op-ed goes on to talk approvingly about how the Deep State has punished Russia against the President’s wishes, to the point of boasting about it:

He (President Trump) complained for weeks about senior staff members letting him get boxed into further confrontation with Russia, and he expressed frustration that the United States continued to impose sanctions on the country . . .

But his national security team knew better – such actions had to be taken, to hold Moscow accountable.

Here is the significance of the op-ed, not in what it reveals about President Trump but what it says about the Deep State itself, namely that it thrives on unnecessary and strategically counterproductive international conflicts. Those conflicts justify the trillion dollar “national security” budget off which the Deep State feeds, they provide the arenas in which the “national security team” builds its careers and power and they distract the public from our sorry military performance against the real threat, the threat of Fourth Generation war and the entities that wage it. They are, in short, bread for the Establishment and circuses for the citizens.

William S. Lind, The Deep State Speaks (emphasis added).

4

First, now that being censored on social media is a surefire way to win conservative clicks, it’s fair to assume that claims of censorship will proliferate, and not all of them will be true. Second, that doesn’t mean they’re all false, either. When it comes to the right, Silicon Valley almost certainly suffers from what the Valley used to call “epistemic closure” before the Valley embraced it. In that climate, “Sorry, mistake” isn’t likely to mollify anyone.

So the right has good reason for its suspicion, and no way to get good evidence that might rebut it. To see if Alex Jones had indeed been turned into Voldemort, I had to put my Facebook account — and a bit of my reputation — at risk. And even then, the fact that my account stayed up might simply show that the censors saw it as a trap that they were smart enough to avoid.

Bottom line: conservative concern about platform bias will continue to grow, and only radical transparency about platform standards and due process is likely to address that concern.

Stewart Baker (emphasis added), who tested reports that linking to Infowars from Facebook could get you suspended from the latter.

My personal “line I won’t cross” is somewhere between Breitbart and Infowars. I’ll occasionally visit the former, never knowingly visit the latter as if I might learn anything except how odious it is.

Where’s Facebook’s? Okay to link to Richard Spencer? Daily Stormer?

5

The McCarrick outcry is fading, it would appear, because his victims are adult men. Apparently sexual abuse of young men by an older man who is their ecclesiastical superior isn’t that big a deal.

…

Adult men make less instantly sympathetic victims than children, and the alleged incidents involving McCarrick are less headline-grabbingly horrifying than the episodes revealed by Pennsylvania’s recent grand jury report. But the church has more than a duty to ensure that minors aren’t victimized and should be sensitive to the fact that, where religious authority is exploited, the effects of sexual abuse can be especially devastating, as in Reading’s case.

Terry Mattingly, commenting on some fine reporting by Elizabeth Breunig under the Washington Post’s “Acts of Faith” rubric.

Yeah. Right. Winnowing out men who don’t want the priesthood so much that they’ll tolerate hanky-panky is a swell way of making sure you get lots of gay or sexually ambivalent priests who value the prestige of priesthood more than the truth of dogma and moral teaching.

6

Seriously, folks, if you are planning to withhold your regular tithe to your diocese for the time being, why not redirect it to the Norcia monks, who are the real deal? They are a light for the whole world. Please think about making a donation — or sign up for regular donations. You know how much I care about them, and esteem them. If you want to give confidently to help build a Catholic future you can believe in, the Monks of Norcia need your help.

Rod Dreher.

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