Saturday, 10/5/24

Commutation

So the opportunity is in Biden’s hands. If he really does abhor capital punishment as he has claimed, then he has several avenues through which to act with the last of his executive power. He could instruct his DOJ to withdraw its pending notice of intent to seek capital punishment in the 2022 Buffalo, New York, shooting case; rescind a Trump-era letter saying the FDA has no right to regulate the distribution of lethal drugs; and commute the death sentences of the roughly 40 prisoners on federal death row. The president no longer has to worry about the political ramifications of decisive work on capital punishment, and therefore has the freedom to act on his values and save dozens of lives. He ought to take this opportunity to keep his campaign promises, and to honor the dignity of human life.

Elizabeth Breunig

Individualism, ironically, creates lemmings

According to the new liberalism that Locke helped to articulate, political freedom requires intellectual independence. This is the anti-authoritarian mindset Tocqueville was struck by as he travelled around America. He said Americans are Cartesians without having read Descartes. Descartes, like Locke, insisted on a kind of epistemic self-sufficiency, rejecting all established customs and received opinions. I myself should be the source of all my knowledge; otherwise it is not knowledge. This is the positive image of freedom that emerges when you pursue far enough the negative goal of being free from authority.

But this brings with it a certain anxiety: if I have to stand on my own two feet, epistemically, this provokes me to wonder, how can I be sure that my knowledge really is knowledge?  An intransigent stance against the testimony of tradition, and a fundamentally Protestant stance toward religious authority, leads to the problem of skepticism. Tocqueville’s great observation is that the way Americans resolve the anxiety that comes from a lack of settled authority is to look around to see what their contemporaries think. The individualist turns out to be a conformist.

How does this work? In the Lockean or Cartesian dispensation that Americans tacitly adopt, tradition is subject to a hermeneutic of suspicion. Our default is to think that inherited wisdom does little more than perpetuate forms of oppression, offered in bad faith as so-called knowledge. But cutting ourselves off from the past in this way, out of a determination not to be duped, we find that we have little ground to stand on against the tyranny of the majority.

In the journal The Mentor, one observer who attends meetings of college administrators reports the following: “The first person to speak was a senior dean from a distinguished university. He announced proudly that he and his colleagues admit smart students and then make a special effort to ‘get out of their way.’ ‘Students learn mostly from one another,’ he argued. ‘We shouldn’t muck up that process.’” Students learning from one another is a respectably democratic-sounding formula, though one wonders why parents keep paying those aristocratic tuitions.

Matthew Crawford, ‌Individualism creates mass men, not individuals

This would not have ended well

The itch for microcosmic social adjustments is not an American invention. The democracies of Europe surrendered to it first, and with far more conviction. The European Union’s proposed constitution of 2004, for example, contained 400 articles (the US constitution has seven) and 855 pages, in which every conceivable strand of right-thinking opinion was awarded a chocolate chip cookie.

Martin Gurri, The Revolt of the Public and the Crisis of Authority in the New Millennium

Evangelical but not conservative

No matter what Palin or Warren might indicate about the political direction of evangelicals in the era of Obama, their recent performance confirms an important point of this book, namely, that after thirty years of laboring with and supposedly listening to political conservatives, evangelicals have not expanded their intellectual repertoire significantly beyond the moral imperatives of the Bible. In fact, born-again Protestants show no more capacity to think conservatively than they did in the age of Billy Graham’s greatest popularity. They do not know how to yell “stop” to the engines of modernity the way that conservatives typically have. They have not learned to be wary of concentrations of power and wealth, frustrated with mass society and popular culture’s distraction from “permanent things,” or skeptical about any humanitarian plan to end human misery.

D. G. Hart, From Billy Graham to Sarah Palin

That was then …

President Obama came on the scene right as so many people in my community began to believe that the modern American meritocracy was not built for them. We know we’re not doing well. We see it every day: in the obituaries for teenage kids that conspicuously omit the cause of death (reading between the lines: overdose), in the deadbeats we watch our daughters waste their time with. Barack Obama strikes at the heart of our deepest insecurities. He is a good father while many of us aren’t. He wears suits to his job while we wear overalls, if we’re lucky enough to have a job at all. His wife tells us that we shouldn’t be feeding our children certain foods, and we hate her for it—not because we think she’s wrong but because we know she’s right.

J.D. Vance, Hillbilly Elegy

On the nose

Also Presented Without Comment

Mediaite: [Former GOP Speaker] Kevin McCarthy Says ‘I Don’t Hang Around with Pedophiles’ When Asked If He’s Made Amends with [Florida Republican Rep.] Matt Gaetz

The Morning Dispatch

Other Helene aftermath

→ Helene could spell disaster for the world: You’ve probably never heard of Spruce Pine, North Carolina, but you almost certainly depend on it. The two-street town is home to around 2,200 people and the most important quartz deposits not just in the U.S. but in the world. The mines in Spruce Pine produce up to 70 percent of the high-purity quartz used to manufacture semiconductors globally. And what the hell is a semiconductor? Honestly, no clue, but I hear they’re extremely important to the manufacture of solar panels, cell phones, AI, and more. And now those mines are, to use a technical term, royally fucked by Hurricane Helene. Manufacturers will also have a much harder time moving this resource out of Spruce Pine. What’s this mean for the rest of us? Our global semiconductor shortage will get even worse. If this means a slowdown of AI development, may I gently suggest we press pause on those portraits that look real until you start counting fingers? Let’s start there. Thanks. 

→ Helene could upend the presidential election: Not only have the good people of North Carolina had to deal with devastating flooding and Mark Robinson’s browser history, all of this is happening right before the election. With apologies to California, Texas, and all the other solidly blue or red states, North Carolina voters actually matter. In 2016 Trump won the state by fewer than 80,000 votes, the narrowest margin of any state. The counties impacted by the storms have over half a million residents, many of whom now don’t know how or where to vote

On Tuesday, state election officials said that no equipment or ballots had been lost but many polling places themselves were likely destroyed. So that’s a problem. Officials are doing the best they can to get absentee or mail-in ballots to residents who’ve requested them, but that’s going to be pretty hard to do without forwarding addresses and mailboxes that washed down the river. Thankfully, trust in the mechanics of our election is universal, so I’m confident that everyone will work together to fix this problem. If you are a North Carolina voter, first off, my condolences on both the storm and the new Avett Brothers’ album, and secondly, the state elections board plans to release detailed contingency plans as soon as possible. Keep watch.

Katie Herzog

Bon mots

  • “I was a Republican before Donald Trump started spray-tanning,” – Liz Cheney.
  • “It seems that Hamas and Hezbollah grossly over-estimated the deterrent capabilities of student protesters at elite college campuses,” – David Frum.
  • “The Trump ‘economic miracle’ was inheriting an economy that was already booming and then immediately adding trillions more in deficit-hiking stimulus to maintain that growth for 3 more years before the pandemic. Sorry for not being wow’ed,” – Brian Riedl, economist at the Manhattan Institute.
  • “Hurricane hits, Trump’s first instinct is to say the government is not sending help to MAGA areas. No Democrat is like this. Anyone who talks about the tone of politicians or norms or decency or whatever and doesn’t think Trump stands apart is not worth taking seriously,” – Richard Hanania.

(Via Andrew Sullivan)

The Great nonsequitur

This is America, dammit! One of these two candidates must be okay!

(90% or so of the American Electorate.)

This is neither true nor logical. I like this blog better when I can spare you political vitriol, but if you want some fresh bile, it’s here.


I suffer more from the humiliations inflicted by my country than from those inflicted on her.

Simone Weil, from a letter to Georges Bernanos.

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.

14 years on death row

I wrote about my position on the death penalty a few weeks ago. I won’t even say “coincidentally” because stories like this are so common (I do not go looking for them), but conservative columnist Jacob Sullum writes about a man on Louisiana’s death row for 14 years through serious prosecutorial misconduct – withholding proof that a murderer had Type B blood while the defendant had Type O.

And if you are so inclined, don’t tell me the story proves that “the system works.” The system worked only because two dogged lawyers, God bless ’em, were working the case for free.

Contingent executionism

One of my first posts was, by coincidence, on contingent vegetarianism: a view that it would be okay to eat meat if we raised our meat animals more humanely. A parallel crossed my mind at the time, but committing it to paper wasn’t ripe.

For close to 30 years now, you could say I’ve been a contingent opponent of capital punishment: I oppose it in most cases because, contrary to what seems to be majority opinion, I’m convinced that we have executed many who were not guilty of the crime for which they were executed.

I’m not talking lawyerly parsing of states of mind, either. I mean that we’ve executed people who didn’t do the deed; not people who did the dead but were clearly insane (even if the jury rejected an insanity defense) or who did in in “sudden heat” instead of premeditation. Nor am I talking about fresh-faced frat boys brutally framed. Most of the guys who died unjustly at the hands of the state were career criminals. But “right street, wrong address.” They didn’t do the bad deed that led to their state-sanctioned murder.

How can this happen? We maintain, after all, the ritual of requiring proof “beyond reasonable doubt” in criminal cases. We provide the indigent with lawyers now. Surely the system works.

No, it doesn’t. A notorious crime can cry out for a solution and a conviction. Elected Prosecutors are “as human as the next guy,” as an acquaintance of mine puts it. So are police, though in capital cases I’ve seen more evidence of cheating by prosecutors than by police. Some career criminal the prosecutor (or police) feel got off too lightly last time may be a convenient fall guy. (Believe me: police and prosecutors do carry grudges. There can be no other reason why Phil McCollum has lingered in prison due to a prosecutor’s veto for the last few years. He was a really bad dude who turned his life around in prison very, very convincingly, without the common plea that “you should let me go because I know Jesus now.”)

And frankly, I think fear of crime causes juries to lower that bar of “beyond reasonable doubt.” There are other causes, too: court appointed lawyers tend not to be top-tier; they’re more overworked, in my experience, than the prosecutors are. Bad lawyering for indigent defendants is pandemic.

If you doubt me on the ultimate result, get to know the work of The Innocence Project. I frankly don’t follow them closely because I was convinced of our system’s unreliability even before they began freeing people on the basis of DNA evidence that wasn’t a ripe science when the people were convicted. As I recall the stories that convinced me, prosecutorial misconduct (framing a guy, in essence, or at least withholding powerful counter-evidence) was the cause about as often as mere sloppiness in the cause of convicting someone … anyone.

But my opposition is contingent. I’m not opposed to execution for brutal murders when guilt is clear. There was a man executed in Virginia yesterday who truly seemed guilty beyond reasonable doubt, including being named immediately by a victim he left for dead (another victim did die) and his own admission.

I take no Pharisaical pleasure that I’m better than the guy who died in Virginia yesterday. I confess in my prayers that I’m “the worst of sinners,” and when you come to know what that means, you know it’s true of you, too.  But my sins are not capital crimes in our systems of human justice.

* * *

I had to come back to this post 2 days later because of this illustration of my assertion that “Bad lawyering for indigent defendants is pandemic:” Public defender advises a defendant to plead guilty to a felony that isn’t even a felony. That’s not rocket science, folks. The criminal statutes would be pretty clear on what’s a misdemeanor, what’s a felony.