From the category archives:

US Politics

Abusive Legalism

by John Holbo on December 2, 2018

‘Norm erosion’ has been a debated thing for a while. Good norms have been undermined by Trump. But does it make sense to push back against that by defending norms, rather than, say, the good?

It’s useful to narrow it down. This President, in this era of hyper-partisanship, is a peculiarly unconstrained beast, legally. (Not just in the old, familiar imperial presidency sense.) There isn’t much Trump could do to get Republicans to impeach him. So impeachment is off the table as a check on Presidential abuse of power. In a narrow, legal sense, the immunity of a sitting President from prosecution, plus arguable exemption from conflict of interest laws, plus theoretically unconstrained pardon power, means on paper, a lot of ‘get out of jail free’ cards. No one would have aimed for this result. It’s obviously bad to have no check on Presidential corruption. (Maybe the emoluments clause is going to save us. We’ll see.)

So you get what Matthew Yglesias calls ‘abusive legalism‘, which is a bit narrower than ‘norm erosion’.

Andrew McCarthy is a good example. In his latest piece he objects to Mueller’s investigation – as he always does – on the grounds that there is no clear, overarching, blackletter ‘collusion’ crime in the prosecutor’s cross-hairs.

Note that word: crime. There are many wrongs that are not crimes, activities that are immoral, mendacious, unseemly. If we are talking about cosmic justice, all these wrongs should be made right. But prosecutors do not operate in a cosmic-justice system. They are in the criminal-justice system. The only wrongs they are authorized to address — the only wrongs it is appropriate for them to address — are crimes.

Note the attractive, exculpatory impersonalism of ‘cosmic injustice’. If awful stuff comes to light in l’affaire Russe, but it can be made out that there wasn’t a technical law against it; or if there is some law, but still some last ‘get out of jail free’ pardon card to be played – then Trump isn’t guilty – nor can Republicans be said to be at fault for turning a blind-eye. It’s the universe. Ergo, anyone who is upset about corruption is just some kooky, wild-eyed cosmic justice warrior.

The position is self-undermining within the scope of the piece itself. McCarthy is indignant that Mueller is violating prosecutorial norms – not breaking laws. But McCarthy doesn’t, therefore, chalk Mueller’s wrongdoing up to the cosmos’ injustice tab and shrug it off. But there’s an attractive pseudo-purity to such legalism. Adhering to the letter of the law is a good thing. ‘There’s no norms, dude’ is not the winning way to spin bad behavior. ‘We ONLY uphold the rule of law’ is how to spin norm erosion positively.

I think probably the most effective tack, rhetorically, is to force the likes of McCarthy to own the apparent perversity of the allegedly principled result. Namely, the right thing to do is to not expose serious Presidential corruption, since, weirdly enough, it isn’t illegal.

Trolls

by John Q on November 18, 2018

I’ve decided that life is too short for me to deal with any more trolls. From now on, I’m following the same zero[1] tolerance policy regarding blog comments as I do on other social media. Snarky trolling comments will lead to an immediate and permanent ban from my comment threads.

More generally, I’ve come to the conclusion that the best way to look at the ‘Intellectual Dark Web’ and what remains of the Republican intellectual class is the light of my experience as a blogger.
Put simply. the IDW and others are trolls. Their object is not to put forward ideas, or even to mount a critique, but to annoy and disrupt their targets (us). As Nikki Haley observed, a few months before announcing her resignation as UN Ambassador, it’s all about “owning the libs
Once you look at them as trolls, it’s easy to see how most of the right fit into familiar categories. They include
* Victim trolls: Their main aim is to push just far enough to get banned, or piled-on, while maintaining enough of an appearance of reasonableness to claim unfair treatment: Christina Hoff Sommers pioneered the genre
* Concern trolls: Jonathan Haidt is the leading example. Keep trying to explain how the extreme lunacy of the far right is really the fault of the left for pointing out the lunacy of the mainstream right.
* Quasi-ironic trolls: Putting out racist or otherwise objectionable ideas, then, when they are called out, pretending it’s just a joke. The alt-right was more or less entirely devoted to this kind of trolling until Trump made it acceptable for them to drop the irony and come out as open racists.
* Snarky trolls: Delight in finding (or inventing) and circulating examples of alleged liberal absurdity, without any regard for intellectual consistency on their own part. Glenn Reynolds is the archetype in the US, though the genre was pioneered in UK print media by the Daily Mail’s long running obsession with ‘political correctness gone mad’
* False flag trolls: Push a standard rightwing line, but demand special consideration because they are allegedly liberals. Alan Dershowitz has taken this kind of trolling beyond parody
From what I can see, the latest hero of the Dark Web, Jordan Peterson, manages to encompass nearly all of these categories. But I haven’t looked hard because, as I said, life is too short.

fn1. Not quite zero. Commenters with a track record of serious discussion will be given a warning. But, anyone who wastes my time will be given short shrift

There. Fixed it.

by John Holbo on November 8, 2018

“All that talk about winning x percent of the “national House vote” or the “national Senate vote” — neither of which, you know, exists — is a backhanded way of getting at the fact that they do not like how our governments are organized” (Link.)

All this talk about how neither the national House vote or the national Senate vote – both of which, you know, exist – exist, is a backhanded way of getting at the fact that they do not know why how our governments are organized should be liked.

(On the other hand, if Kevin D. Williamson really denies you can add 50 numbers – well, we’d all love to see the plans.)

In comments, you can make fun of Williamson. Or you could discuss the election.

Time to join the generation game? Definitely

by John Q on November 7, 2018

A little while ago, I partially recanted my long-standing rejection of the idea that “generations” are a useful way of thinking about such issues as political attitudes. The UK elections showed a very strong age effect, reflecting the way that the politics of nostalgia, represented by Brexit, appeal to the old and appal the young.

The same appears to be true of “Make America Great Again”, at least according to the exit polls. In every racial group, there’s a clear cohort effect, with the younger cohorts favouring the Democrats.

Exit poll results, by age and race

The Republicans had majority support only among whites over 45.

[click to continue…]

‘Extremely Possible’?

by John Holbo on November 5, 2018

‘Extremely possible’ was probably not the phrase for it. (It seems to have sent Taleb round the twist.)

Silver’s point is to emphasize 85 isn’t 100. But it’s striking how hard it is to say that without sounding like you are saying 85 is 50.

A sort of extremism kicks in that doesn’t seem to manifest in other areas of probabilistic reasoning. 50/50 or 100/0. Look at the polls; see which of those the polls are close to; that’s your answer. Elections: toss-up or lock.

Not black swan blindness, in Taleb’s familiar sense. Nor does anyone make quite this style of mistake when thinking about dice or cards, do they? You might make a baseline rate mistake in interpreting a potentially false positive regarding a medical diagnosis. But if the doc tells you you have a 15% chance of having the flu, no one thinks: oh, from that it follows that I’m 100% healthy. [click to continue…]

Please support Equal Citizens

by Eszter Hargittai on October 22, 2018

Last year, I asked you to help support science. This year, I am asking you to pitch in to help end the corruption of U.S. democracy through a donation to Equal Citizens. Equal Citizens is pursuing several important projects such as fixing the Electoral College, ending SuperPACs, and ending voter suppression. There is tons of information concerning the specifics of how they are doing this on equalcitizens.us.

Equal Citizens does not bombard one’s mailbox with constant requests for donations like some other organizations. Indeed, they haven’t done this kind of a campaign in a year. To help support them, I am hosting a fundraiser through Facebook where I have committed to matching up to $500 of donations. Won’t you add your support as well? You can do so through my Facebook fundraising page or directly through the Equal Citizens site. Thank you!

Normativity Erosion – #Make Norms Normative Again

by John Holbo on October 11, 2018

That time a ‘Constitution in Exile‘ borderline anarchist libertarian and a Catholic integralist wandered into a Twitter thread to discuss political legitimacy, and it crossed neither of their minds it might be a normative notion (rather than a descriptive synonym for power, give or take.) [click to continue…]

Attention conservation notice: TOO LONG. But I wanted to rewrite my last post to my own satisfaction. So I did it different, but same.

People of the internet, I have long been openly opposed to loose dispensing of the blue pill.

“You take the blue pill — the story ends, you wake up in your bed and believe whatever you want to believe.”

No, the story doesn’t end there. That’s tomorrow-never-comes thinking. Read the warning label! You wake up in your bed and believe whatever you want? What a way to run the railroad. Morpheus is giving this stuff out like candy to any slacker bro who looks the least bit likely. Is he out of his mind?

Because, seriously: what is it you are sure to want to believe? You will want to believe you took the red pill – and we are off to the races! You will believe, falsely, you’re Neo. Past which point you will be no good to yourself or others. At best.

Most folks will be too tempted by the lazy beguilements of blue pill lifestyle, so we are soon up to our collective armpits in mass fantasies of red pill-popping pop-paranoid philosophy of politics. Gets so you can’t throw a rock without hitting ‘the One’ in some Spartacus line-up of ‘Ones’. (#METOO, but for Ones.)

Virgil poetized of the gates of horn and ivory. Even he never conceived of a gate of pizza. And now Kavanaugh (although he isn’t a gate yet, though I can’t imagine why not.) It is never going to end until someone figures out a way to stop Morpheus, a.k.a. Dr. Feelgood.

So I thought to myself: what will be the sign that BK has busted us through the basement, driving the right crazier? I designated a canary: if Dreher takes the blue pill, in a Kavanaugh-related manner, that will mean the right has found a way to delve deeper into crazy. That is, if Rod Dreher says he takes the red pill, that will be a sign he’s taken the blue pill. That will mean things are worse. And sure enough.

Why Rod Dreher, as my dead canary designate down a conservative coal mine? [click to continue…]

What Are The Odds?

by John Holbo on September 26, 2018

Kavanaugh. Suppose – just suppose – we wanted to estimate the likelihood that BK was guilty of sexual assault in his bad old “what happens at Georgetown Prep stays at Georgetown Prep” days. Given that Ford (and Ramirez) have accused him, what is the likelihood he is guilty? [click to continue…]

So How Serious Is This?

by John Holbo on August 22, 2018

Manafort and, especially, Cohen.

I honestly can’t tell. Ever since Lester Holt and ‘nothing matters anymore’ I really can’t tell what matters anymore. I mean: obviously any other President would be toast. But Trump? I’m reading Lawfare. But it seems to me the question is: can Congress ignore it? Signs point to: yes. At least until January. Obviously if Congress can ignore, they will.

In the meantime, I would just like to remind you that Jesus colluded with the sinners.

Do The Nordic Codetermination Moonwalk

by John Holbo on August 18, 2018

I am amused.


Thus, Kevin D. Williamson:

Senator Warren’s proposal entails the wholesale expropriation of private enterprise in the United States, and nothing less. It is unconstitutional, unethical, immoral, irresponsible, and — not to put too fine a point on it — utterly bonkers.

Yglesias points out that this is obviously false.

Williamson responds to Yglesias (while being careful not to link to Yglesias): “property rights would be diminished by the adoption of Warren’s plan.” That is, there would be wealth redistribution.

How could Yglesias not see that saying the first thing was just saying the second thing?

“It isn’t a difficult thing to understand, unless you have an investment in failing to understand it.”

How did The Atlantic fail to snap this prize up when they had the chance?

Decoding the Deep State

by Henry Farrell on August 17, 2018

Robert Litt has a piece in Lawfare, which probably deserves some further attention, if only because smart people seem to be misinterpreting it:

[click to continue…]

Someone on Westminster Hour this week, discussing the idea of a people’s vote, mentioned the poor British voter who won’t be grateful to be drawn back to the polls for yet another vote. Brenda from Bristol was cited.
[UPDATE: in the first comment below Russell Arben Fox points us to this much better piece by the late Anthony King which says the same things and much more…]

Well, they should try living here. I voted this week in the primaries. I voted in only three of the races — Governor, State Assembly, and (because my wife was hovering over me and pressed the button herself), Lieutenant Governor (whatever that is — and I should add that I spelled it wrong 7 different ways before finally looking it up). But there were plenty more races, some uncontested (I don’t vote in uncontested races, unless I feel strongly negative about the candidate, in which case I write in the name of my most distinguished former colleague). Here’s a list of the other races:

Attorney General
Secretary of State
State Treasurer
US Senator
US Congress
County Sheriff
County Clark of Circuit Court

I have to vote again in November in the general election.

Every year we have one or two school board elections — primary, and general (in the spring — there are 4 elections per year in even years, and two a year in odd years).

Here’s a selection of other positions for which there is a primary, and a general, election (some are in the spring, others in the fall):
[click to continue…]

The Man with the Two-Storey Brain

by Henry Farrell on July 25, 2018

By Source, Fair use, Link

Since Holbo is encroaching on my territory by writing about Dark Web Intellectualism, turnabout is fair play. Paul Krugman’s knowledge of science fiction is vast and impressive. Still, I can’t imagine that when he tweeted this:

he knew that he was invoking one of the great (if sadly little known in this Age of Bronze) recurring characters from 2000AD’s Tharg’s Future Shocks. Alan Moore’s Abelard Snazz was the Man with the Two-Story Brain, or, as we’d say today, a Very Stable Genius, who specialized in handling “complex problems with even more complicated solutions.” For example – Snazz’s More Robots Less Crime approach, as described by Wikipedia:

On the planet Twopp, crime is so rampant that even the Prime Minister, Chancellor, and Commissioner are robbed down to their underwear on their way to visit double-brained, four-eyed “Mutant Supermind” Abelard Snazz, President of Think, Inc. The officials of Twopp ask Snazz for a solution to the planet’s crime problem. Snazz’s answer is to create a race of giant police robots, heavily armed and programmed to make unlimited arrests. Snazz is hailed as a genius by his sycophantic robot assistant, Edwin. Unfortunately, the police robots are so efficient that they arrest all of the criminals on the planet, and continue to fill out their arrest quotient by arresting citizens for minor offences, such as breaking the laws of etiquette, good taste, and grammar. With everybody getting arrested, the officials return to Snazz for help. Snazz creates a race of giant criminal robots to keep the robot police busy, thus saving innocent people from being arrested. However, the perfectly matched conflict between the robot police and robot criminals creates an all-out war which kills scores of innocent bystanders. After another visit from the officials, Snazz’s latest solution is to create a race of little robot innocent bystanders to suffer in the humans’ stead. This saves the people from harm, but it also leaves the planet Twopp overcrowded with robots. The humans abandon the planet, and when Snazz announces his idea of building a giant robot planet for them, the enraged officials have had enough and eject Snazz and Edwin into outer space.

Wikipedia fails to mention the arrests of children for removing the “do not remove” tags from mattresses, which particularly impressed me as a child. Still, the proposal for building a giant robot planet is pretty good.

Would be/Wouldn’t be

by Henry Farrell on July 18, 2018

The Death of Stalin and the Trump administration have plenty in common.