his repeated use of the word “fake” to describe news coverage when he actually means “unpleasant” and his style of rhetoric in front of the United Nations, where he called terrorists “losers” and applied a childish epithet to the head of a nation in whose shadow tens of thousands of American troops serve and with whom nuclear war is a live possibility, are all cases in point. There is no way to formalize conventions of maturity and dignity for presidents. Custom fills that void.
.. When he violates such customs, Mr. Trump is at his most impulsive and self-destructive. It may sound ridiculous to invoke James Madison or Edmund Burke when we talk about this president, but that is part of the problem. Mr. Trump could profit from the wisdom of his predecessor Madison, for whom the very essence of constitutionalism lay not in what he derided as “parchment barriers” — mere written commands there was no will to follow — but rather “that veneration which time bestows on every thing.” The Constitution, in other words, would be only as strong as the tradition of respecting it.
.. Burke is generally seen as the progenitor of modern conservatism, but Mr. Trump, who came late to the conservative cause, is said to be so hostile to custom that his staff knows the best way to get him to do something is to tell him it violates tradition... demagogic campaign rallies masked as presidential addresses.. because many elements of his base associate these customs with failed politics, every violation reinforces the sense that he sides with them over a corrupt establishment... Historically, conservatism has tended to value light governance, for which custom is even more essential. Aristotle writes that “when men are friends they have no need of justice.” In other words, rules enter where informal mechanisms of society have collapsed. The philosopher and statesman Charles Frankel summed it up powerfully: “Politics is a substitute for custom. It becomes conspicuous whenever and wherever custom recedes or breaks down.”.. Since Woodrow Wilson’s critique of the framers’ work, progressive legal theory has generally denied that the meaning of the original Constitution, as endorsed by generational assent, wields authority because it is customary. Much of libertarian theory elevates contemporary reason — the rationality of the immediate — above all else... The president’s daily, even hourly, abuse of language is also deeply problematic for a republic that conducts its business with words and cannot do so if their meanings are matters of sheer convenience. The unique arrogance of Mr. Trump’s rejection of the authority of custom is more dangerous than we realize because without custom, there is no law.
Lena Dunham: Harvey Weinstein and the Silence of the Men
Woody Allen, whose daughter has said, over his denials, that he sexually abused her as a child, is still getting the hottest young stars to work with him. Roman Polanski, whose victims continue to come forward, is considered a visionary worth fighting for, and I recently had a male star tell me that working with him would “obviously be the ultimate.” (In fact, Mr. Weinstein himself gathered Hollywood to sign a letter asking that Mr. Polanksi’s charges be dropped and he be allowed to return to America.)
.. Last year, I was sexually harassed by a director of a show, not my own, and not on a set, and the response by the powers that be was to defend him, question the women ferociously and take ages before letting him go from the network. It was a move based less on his skill than on some ancient loyalty. It’s that kind of behavior that normalizes this abuse of power.
.. I naïvely expected that the reticence that Hollywood’s powerful men have shown, the collective refusal to take sides in he-said she-said narratives, would be crushed in the face of this open secret being revealed definitively. The reason I am zeroing in on the men is that they have the least to lose and the most power to shift the narrative
.. But here we are, days later, waiting for Mr. Weinstein’s most powerful collaborators to say something. Anything. It wouldn’t be just a gift to the women he has victimized, but a message to the women who are watching our industry closely. They need a signal that we do not approve of the abuse of power and hatred of women that is the driving force behind this kind of behavior.
.. In the fall of 2016, I performed at a benefit for Hillary Clinton organized by the Weinstein Company. I had heard the rumors. I felt that going onstage under his aegis was a betrayal of my own values. But I wanted so desperately to support my candidate that I made a calculation. We’ve all made calculations, and saying we’re sorry about those calculations is not an act of cowardice. It’s an essential change of position that could shift the way we do business and the way women regard their own position in the workplace. I’m sorry I shook the hand of someone I knew was not a friend to women in my industry.
.. Are you afraid because you heard the whisperings but accepted a role or a position on a host committee or a glass of Champagne and a pat on the back? Are you embarrassed because you’re in a photo with him smiling broadly or because he gave money to your organization or introduced you to your girlfriend or earned you your Oscar nomination?
.. It is the problem of the agents who sent their clients to meet with a man they knew was a predator, who shuffled them onto his sets. It is the problem of producers who turned a blind eye. It is the problem of actors who heard whispers but walked back to their trailers to play fantasy football. It is the problem of industry media that would not report their findings because they feared losing their place in Harvey Weinstein’s good graces. It is not, as some have suggested, the problem of the women who are afraid to come forward with their own stories or who settled financially with Mr. Weinstein.
.. Hollywood’s silence, particularly that of men who worked closely with Mr. Weinstein, only reinforces the culture that keeps women from speaking. When we stay silent, we gag the victims. When we stay silent, we condone behavior that none of us could possibly believe is O.K. (unless you do).
The Church Of Harvey Weinstein’s Casting Couch
Here’s the problem: people were willing to talk about what they knew, but nobody was willing to go on the record, or provide documents to back up their claims. Even though I heard the same kinds of stories repeatedly from reputable sources — most of them priests — not a soul dared to put his name to the accusations. This man was too powerful. At least two prominent laymen who knew about this, but who weren’t under his authority (they did not work for him), would not go on the record about it. One of the men gave no reason; the other said it was to protect the church. This was 2002, if that tells you anything.
.. Unless people were willing to make their accusations public, or disclose court documents, my hands were tied. From a journalistic point of view, until and unless that happened, the stories were just gossip. This story burned me up, especially when I would see this old lecher on television pretending to be so heartbroken about the abuse of children. He was a fraud. Lots of people had personal knowledge of the kind of fraud he was. But nobody said a word publicly. The story was never told.
‘The President Speaks for Himself’
Reply
To most people with any awareness of Arizona politics, Mr. Arpaio is an abomination to the rule of law, the principle of equal justice and plain decency.
.. abusing and humiliating them, refusing to stop even after a federal judge told him to, and arresting journalists for reporting on it all.
.. Yet to President Trump, Mr. Arpaio is a role model: a man for whom the “rule of law” means that he can do what he wants when he wants, who humiliates those weaker than him and mocks those who try to constrain him, who evades scrutiny and accountability — in short, a perfect little tyrant.
.. The Arpaio pardon is not only morally reprehensible on its own, it is also in line with Mr. Trump’s broader attitude toward law enforcement. Consider his affection for the Milwaukee County sheriff, David Clarke, an Arpaio in waiting who has called activists in the Black Lives Matter movement “terrorists” and who runs a county jail where inmates have a tendency to die under suspicious circumstances.
.. During the presidential campaign,
- Mr. Trump endorsed the use of torture on terrorism suspects,
- encouraged supporters at his rallies to assault protesters and
- made racially tinged comments about a judge overseeing a case involving Trump University.
In his seven months as president, Mr. Trump has
- attacked federal judges who ruled against the administration’s travel ban;
- tried to impede investigations into his allies, including Mr. Arpaio;
- and exhorted police officers to treat suspects roughly — which earned a quick rebuke from his own Justice Department and police officials around the country.
But this is Donald Trump’s rule of law — a display of personal dominance disconnected from concerns about law and order, equality or the Constitution.