Attorney General William Barr will deliver the Barbara K Olson Lecture at the Federalist Society’s 2019 National Lawyers Convention.
Susan Hennessey & Benjamin Wittes discuss their book, “Unmaking The Presidency”, at Politics and Prose.
Do Democrats understand what they’re facing?
Item: Last week Republicans in the North Carolina House used the occasion of 9/11 to call a surprise vote, passing a budget bill with a supermajority to override the Democratic governor’s veto. They were able to do this only because most Democrats were absent, some of them attending commemorative events; the Democratic leader had advised members that they didn’t need to be present because, he says, he was assured there would be no votes that morning.
Item: Also last week, Representative Adam Schiff, the Democratic chairman of the House Intelligence Committee, issued a subpoena to the acting director of national intelligence, who has refused to turn over a whistle-blower complaint that the intelligence community’s inspector general found credible and of “urgent concern.” We don’t know what the whistle-blower was warning about, but we do know that the law is clear: Such complaints must be referred to Congress, no exceptions allowed.
On the surface, these stories may seem to be about very different things. The fight in North Carolina is basically about the G.O.P.’s determination to deny health care to low-income Americans; the governor had threatened to veto any budget that didn’t expand Medicaid. The whistle-blower affair probably involves malfeasance by high government officials, quite possibly President Trump, that in some way threatens national security.
What the stories have in common, however, is that they illustrate contempt for democracy and constitutional government. Elections are supposed to have consequences, conveying power to the winners. But when Democrats win an election, the modern G.O.P. does its best to negate the results, flouting norms and, if necessary, the law to carry on as if the voters hadn’t spoken.
Similarly, last year America’s voters chose to give Democrats control of the House of Representatives. This still leaves Democrats without the ability to pass legislation, since Republicans control the Senate and the White House. But the House, by law, has important additional powers — the right to be informed of what’s going on in the executive branch, such as complaints by whistle-blowers, and the right to issue subpoenas demanding information relevant to governing.
The Trump administration, however, has evidently decided that none of that matters. So what if Democrats demand information they’re legally entitled to? So what if they issue subpoenas? After all, law enforcement has to be carried out by the Justice Department — and under William Barr, Justice has effectively become just another arm of the G.O.P.
This is the context in which you want to think about the latest round of revelations about Brett Kavanaugh.
First of all, we now know that the F.B.I., essentially at Republican direction, severely limited its investigation into Kavanaugh’s past. So Kavanaugh was appointed to a powerful, lifetime position without a true vetting.
Second, both Kavanaugh’s background and the circumstances of his appointment suggest that Mitch McConnell went to unprecedented lengths to create a Republican bloc on the Supreme Court that will thwart anything and everything Democrats try to accomplish, even if they do manage to take both Congress and the White House. In particular, as The Washington Post’s Greg Sargent notes, it seems extremely likely that this court will block any meaningful action on climate change.What can Democrats do about this situation? They need to win elections, but all too often that won’t be sufficient, because they confront a Republican Party that at a basic level doesn’t accept their right to govern, never mind what the voters say. So winning isn’t enough; they also have to be prepared for that confrontation.
And surely the first step is recognizing the problem exists. Which brings me to the Democratic presidential primary race.
The leading candidates for the Democratic nomination differ considerably in both their personalities and their policy proposals, but these pale beside their differences from Donald Trump and his party. All of them are decent human beings; all would, if given the chance, move America in a notably more progressive direction.
The real chasm between the candidates is, instead, in the extent to which they get it — that is, the extent to which they understand what they’re facing in the modern G.O.P.
The big problem with Joe Biden, still the front-runner, is that he obviously doesn’t get it. He’s made it clear on many occasions that he considers Trump an aberration and believes that he could have productive, amicable relations with Republicans once Trump is gone.
Which raises the question: Even if Biden can win, is he too oblivious to govern effectively?
Fascist politics bear particular and notably contradictory hallmarks:
- ideas of equality are used to cloak discrimination;
- demands for “law and order” camouflage growing corruption and official lawlessness.
Those descriptions are increasingly applicable to the current state of affairs in the United States, and, more extraordinarily, they mirror Obama’s comments at Urbana-Champaign. “Demagogues promise simple fixes to complex problems,” he said.
- “They promise to fight for the little guy even as they cater to the wealthiest and the most powerful.
- They promise to clean up corruption, then plunder away.
- They start undermining the norms that insure accountability, try to change the rules to entrench their power further.
- And they appeal to racial nationalism that’s barely veiled, if veiled at all.”
Two weeks ago, Steven Mnuchin, the Treasury secretary, declared that the trade war with China was “on hold” and that the United States would temporarily holster its tariffs. The reassuring comments calmed markets and raised hopes that Mr. Mnuchin, one of President Trump’s most enduring and trusted advisers, was winning the internal trade battle that has gripped the White House.
Then Mr. Trump weighed in. In a one-two punch last week, the president doubled down on the trade war with China and threw in ones with Canada, Mexico and Europe for good measure.
.. The scolding laid bare the uncomfortably familiar spot that Mr. Mnuchin finds himself in: trying to be a voice of moderation and a statesman in an administration that sees diplomatic norms and protocols as signs of weakness.
He has so far managed to stay in Mr. Trump’s good graces while advocating a more free-trade approach, but that balancing act is showing signs of strain.
.. Mr. Mnuchin, unflappable in public, is privately making his case with a president
.. The internal tensions boiled over in May during a trade mission Mr. Mnuchin led to China, when he dressed down Peter Navarro, Mr. Trump’s hawkish trade adviser, by reminding him where he stood in the administration’s pecking order after Mr. Navarro confronted him about being sidelined from the talks.
.. Current and former White House and Treasury officials say Mr. Mnuchin has managed to thrive by employing a mix of assertiveness and obsequiousness, staking out his position to the president but quickly changing course to carry out Mr. Trump’s marching orders, even if his message did not win the day.
.. Mr. Trump tweeted that he was going to find a way to help put back in business a Chinese telecommunications company that had been punished for violating American sanctions on Iran and North Korea. The decision blindsided administration officials and lawmakers
.. Mr. Mnuchin, along with the commerce secretary, Wilbur Ross, was dispatched to Capitol Hill to try to calm angry Republican lawmakers and explain the rationale behind allowing the company, ZTE, to remain in business.
.. those close to the secretary say he has learned to appreciate Mr. Trump’s use of the threat of tariffs as a negotiating tool.
.. focused on the president’s desire to see the bilateral trade deficit reduced, rather than emphasizing some of the other trade barriers
.. Stephen K. Bannon, Mr. Trump’s former top strategist, has said that Mr. Mnuchin is in over his head in the negotiations and that he is letting Mr. Trump’s leverage slip away by failing to force China to make major changes to its industrial policy.
.. it was apparent that the Chinese government was trying to elevate Mr. Mnuchin’s role in the negotiations because they see him as the American official most likely to cut a deal.
.. “Among the possible choices, they see Mnuchin as being less hawkish than some of the other counterparts,”
.. populist voices outside the administration have already been heckling Mr. Mnuchin as inept amid reports that the United States was on the verge of making an agreement with China that was viewed as merely symbolic.
.. Mr. Mnuchin has at times found himself the subject of derision, characterized as a fawning banker who cannot tell the president “no.”
.. Last year, the Treasury secretary was scoffed at by economic policymakers from across the political spectrum for insisting that the $1.5 trillion Trump tax cuts would pay for themselves.
.. Mr. Mnuchin told members of the conservative House Freedom Caucus to “vote for the debt ceiling for me.” His plea was met with groans and hisses.
.. Last August, fellow alumni of Yale, where Mr. Mnuchin earned a bachelor’s degree, called on the secretary to resign when he defended Mr. Trump’s handling of racially inspired violence in Charlottesville, Va. A month later, Lawrence Summers, a Clinton administration Treasury secretary, called Mr. Mnuchin the “greatest sycophant in cabinet history” for supporting Mr. Trump’s criticism of football players who knelt during the national anthem.
.. points to his role in successfully steering the Republican tax cut package, which many said would never pass, through Congress.
.. Within the Treasury Department, Mr. Mnuchin has developed a reputation as a micromanager. He resisted choosing a full-time deputy for more than a year, preferring to oversee everything from carrying out the new tax law to overseeing financial sanctions.
.. When the Internal Revenue Service systems failed on Tax Day, the response to the crash was slowed because Mr. Mnuchin was in New Hampshire
.. He had required that any big decisions be cleared by him
.. Mr. Mnuchin’s closest aides describe him as a collegial and mentoring figure.
.. Despite his earnest persona on television, he is known to possess a wry sense of humor
Harvard professors Steven Levitsky and Daniel Ziblatt are experts in what makes democracies healthy — and what leads to their collapse. They warn that American democracy is in trouble.
.. And you note that there have been figures in American political history that could be regarded as dangerous demagogues and that they’ve been kept out of major positions of power because we’ve had gatekeepers – people who somehow controlled who got access to the top positions of power – presidential nominations, for example. You want to give us some examples of this?
LEVISKY: Sure. Henry Ford was an extremist, somebody who was actually written about favorably in “Mein Kampf.” He flirted with a presidential bid in 1923, thinking about the 1924 race, and had a lot of support, particularly in the Midwest. Huey Long obviously never had the chance to run for president. He was assassinated before that.
DAVIES: He was the governor of Louisiana, right?
LEVISKY: Governor of Louisiana, senator and a major national figure – probably rivaled really only by Roosevelt at the end of his life in terms of popularity. George Wallace in 1968, and again in 1972 before he was shot, had levels of public support and public approval that are not different – not much different from Donald Trump. So throughout the 20th century, we’ve had a number of figures who had 35, 38, 40 percent public support, who were demagogues, who didn’t have a strong commitment to democratic institutions, in some cases were quite antidemocratic, but who were kept out of mainstream politics by the parties themselves.
The parties never even came close to nominating any of these figures for president. What was different about 2016 was not that Trump was new or that he would get a lot of support but that he was nominated by major party. That’s what was new.
.. And so our behavior needs to be guided by informal rules, by norms. And we focus on two of them in particular – what we call mutual toleration, which is really, really fundamental in any democracy, which is simply that among the major parties, there’s an acceptance that their rivals are legitimate, that we may disagree with the other side. We may really dislike the other side. But at the end of the day, we recognize publicly – and we tell this to our followers – that the other side is equally patriotic, and that it can govern legitimately. That’s one.
The other one is what we call forbearance, which is restraint in the exercise of power. And that’s a little bit counterintuitive. We don’t usually think about forbearance in politics, but it’s absolutely central. Think about what the president can do under the Constitution. The president can pardon anybody he wants at any time. The president can pack the Supreme Court. If the president has a majority in Congress – which many presidents do – and the president doesn’t like the makeup of the Supreme Court, he could pass a law expanding the court to 11 or 13 and fill with allies – again, he needs a legislative majority – but can do it. FDR tried.
The president can, in many respects, rule by decree. If Congress is blocking his agenda, he can use a series of proclamations or executive orders to make policy at the margins of Congress. What it takes for those institutions to work properly is restraint on the part of politicians. Politicians have to underutilize their power. And most of our politicians – most of our leaders have done exactly that. That’s not written down in the Constitution.
.. You know, it’s interesting. I think one of the things that people say when people warn that Donald Trump or someone else could undermine American democracy and lead us to an authoritarian state is we’re different from other countries in the strength of our commitment to democratic institutions. And I’m interested to what extent you think that’s true.
.. The creed to which Daniel refers and the initial establishment of strong democratic norms in this country was founded in a homogeneous society, a racially and culturally homogeneous society. It was founded in an era of racial exclusion. And the challenge is that we have now become a much more ethnically, culturally diverse society, taken major steps towards racial equality, and the challenge is making those norms stick in this new context.
.. this is this great paradox – tragic paradox, really – that we recount in the book, which is that the consolidation of these norms, which we think are so important to democratic life of mutual toleration and forbearance, were re-established, really, at the price of racial exclusion. I mean, there was a way in which the end of Reconstruction – when Reconstruction was a great democratic effort and experiment – and it was a moment of democratic breakthrough for the United States where voting rights were extended to African-Americans. At the end of Reconstruction throughout the U.S. South, states implemented a variety of reforms to reduce the right to vote – essentially, to eliminate the right to vote for African-Americans. And so after the 1870s, American democracy was by no means actually really a full democracy. And we really think that American democracy came – really, it was a consolidated democracy really only after 1965.
.. It’s difficult to find a precise date. But we look at the 1990s and, particularly, the rise of the Gingrich Republicans. Newt Gingrich really advocated and taught his fellow Republicans how to use language that begins to sort of call into question mutual toleration, using language like betrayal and sick and pathetic and antifamily and anti-American to describe their rivals.
And Gingrich also introduced an era or helped introduce – it was not just Newt Gingrich – an era of unprecedented, at least during that period in the century, hardball politics. So you saw a couple of major government shutdowns for the first time in the 1990s and, of course, the partisan impeachment of Bill Clinton, which was one of the first major acts – I mean, that is not forbearance. That is the failure to use restraint.
.. DAVIES: And did Democrats react in ways that accelerated the erosion of the norms?
LEVISKY: Sure. In Congress, there was a sort of tit-for-tat escalation in which, you know, one party begins to employ the filibuster. For decades, the filibuster was a very, very little-used tool. It was almost never used. It was used, on average, one or two times per Congressional session, per Congressional period – two-year period – so once a year. And then it gradually increased in the ’70s, ’80s, ’90s.
.. It was both parties. So one party starts to play by new rules, and the other party response. So it’s a spiraling effect, an escalation in which each party became more and more obstructionist in Congress. Each party did – took additional steps either to block legislation, because it could, or to block appointments, particularly judicial appointments. You know, Harry Reid and the Democrats played a role in this in George W. Bush’s presidency – really sort of stepped up obstructionism.
.. So there’s this kind of spiral, you know, which is really ominous, where one side plays hardball by holding up nominations, holding up legislation in Congress, and there’s a kind of stalemate. And so the other side feels justified in using executive orders and presidential memos and so on. These also are – you know, have been utilized by Barack Obama. So there’s a way in which politicians, on both sides, are confronted with a real dilemma, which is, you know, if one side seems to be breaking the rules, and so why shouldn’t we? If we don’t, we’re kind of being the sucker here.
.. We think that the most egregious sort of pushing of the envelope began with Republicans, particularly in the 1990s and that the most egregious acts of hardball have taken place at the hands of Republicans. I’ll just list four –
- the partisan impeachment of Bill Clinton,
- the 2003 mid-district redistricting in Texas, which was pushed by Tom DeLay,
- the denial – essentially, the theft of a Supreme Court seat with the refusal to even take up the nomination of Merrick Garland in 2016 and
- the so-called legislative coup pulled off by the Republican-controlled legislature in North Carolina in 2016.
.. there’s two real things that Donald – President Trump has done that make us worry. One is his politicization of the rule of law or of law enforcement intelligence. And so you know, we – in a democracy, law enforcement intelligence have to be neutral. And what he has tried to do with the FBI, with the attorney general’s office is to try to turn law enforcement into a kind of shield to protect him and a weapon to go after his opponents. And this is something that authoritarians always do. They try to transform neutral institutions into their favor. And you know, he’s had some success of it. There’s been lots of resistance as well, though, from – you know, from Congress and from society and media reporting on this and so on. But this is one worrying thing.
A second worrying thing is – that you just described as well is his effort to – his continued effort to delegitimize media and the election process. So he – so one of the things that we worried about a lot in the book was the setting up – and we describe how – the process by which this happened – the setting-up of electoral commission to investigate election fraud.
Many years ago, the Israeli Bedouin expert Clinton Bailey told me a story about a Bedouin chief who discovered one day that his favorite turkey had been stolen. He called his sons together and told them: “Boys, we are in great danger now. My turkey’s been stolen. Find my turkey.” His boys just laughed and said, “Father, what do you need that turkey for?” and they ignored him.
A few weeks later the Bedouin chief’s camel was stolen. His sons went to him and said, “Father, your camel has been stolen. What should we do?” And the chief answered, “Find my turkey.”
A few weeks later the chief’s horse was stolen, and again his sons asked what they should do. “Find my turkey,” the chief said.
Finally, a few weeks later his daughter was abducted, at which point he gathered his sons and told them: “It’s all because of the turkey! When they saw that they could take my turkey, we lost everything.”
.. how and why we failed to contain the egregious behavior of both Donald Trump and Vladimir Putin.
They each started by — metaphorically speaking — stealing a turkey. And when we didn’t respond, they kept ratcheting up their wretched behavior to the point where Trump thinks he could shoot someone on Fifth Avenue and Putin thinks he could poison a wayward spy in London, and get away with it.
Trump’s turkey was his tax returns. During the campaign he promised to release them after the I.R.S. finished auditing him. Then, after he was elected, Trump said, sorry, not going to release them ever. And nothing happened. Trump, I am reliably told, has actually said to people close to him, “Can you believe I got away with that?”
.. Once Trump saw that he could get away with not disclosing his tax returns, he knew he could get away with anything.
.. Any Bedouin chief who watched the steady acceleration in the breadth and pace of Trump’s lying — like his recent boast that he had fabricated a trade deficit with Canada in talks with Canada’s prime minister or his dishonest statements to discredit Robert Mueller’s investigation — would tell you: Get me Trump’s tax returns.
.. Because there must be something very important in them that he wants to keep hidden.
.. Maybe it’s just the embarrassment that he is not as rich as he claims, or, maybe, it’s something more fundamental — like how dependent he is on Russian oligarchs for financing
.. Putin’s turkey was even more serious. It was the shooting down of that Malaysian civilian airliner, Flight MH17
.. Putin’s proxies in eastern Ukraine had requested that Russia send them an SA-11 surface-to-air missile launcher.
.. Putin did not push the button on that missile, but he created the conditions for it to shoot down that plane — and he walked away from it as if the plane were brought down by lightning, making up one implausible story after another. He got slapped on the wrist with a few sanctions, but his complicity faded away into a mist of baldfaced lies.
.. Who wanted to confront Russia, with all its gas exports to Europe and all its oligarchs throwing money around London or buying condos in places like … Trump Tower in New York?
.. Why not poison a former Russian spy in London with a banned military nerve agent or perpetrate genocide in Syria? Who’s going to stop me?”
Trump and Putin are cut from the same cloth. Their strategy is: keep pushing, keep grabbing, keep lying, keep denying, no matter how implausible the denials — and never apologize. Because when you lie on an industrial scale, it overwhelms everyone else. Normal people just don’t behave that way, and the sheer shamelessness eventually exhausts them.
.. when people keep eroding the norms of society, stealing — turkeys or the truth — eventually becomes the norm.
.. That steady erosion of norms is what Trump is doing to America and Putin is doing to the world.
.. American voters have to go to the polls and deal a resounding electoral defeat to this Republican Party, which Trump has taken over like an invasive species.
.. America needs a healthy conservative party in our two-party system. But this G.O.P. is not a conservative party and it is not healthy.
.. As for Putin, the only way to brush him back is with economic sanctions that truly hurt him and his corrupt clique of oligarchs, and an offensive cyber campaign that exposes just how much money they have all stolen from the Russian people.
.. Bullies like Trump and Putin are relentless. They will keep driving through red lights, smirking all the way, as long as we let them.
.. As the great philosopher Mike Tyson once said, “Everybody has a plan till they get punched in the mouth.”