Focusing on whether the shooting was lawful misses the larger point.
.. It’s one thing to be in hot pursuit of an armed robber or a known, violent felon. It’s one thing to approach a situation where you perceive that innocent lives are in imminent danger. It’s another thing entirely to deal with a person who, to that point, had broken windows, and no other civilian was perceived to be at risk.
.. What are the possibilities that the suspect hadn’t heard the commands at all? (There’s some evidence, from his grandmother, that he may have had earbuds in.)
.. Moreover, what is the background level of risk here? According to the City of Sacramento, it’s been almost 20 years since a cop was shot and killed in the line of duty.
.. Cops don’t have a law-of-armed-conflict problem — the constitutional standards and state statutes governing when a cop can be prosecuted are appropriate — they have a rules-of-engagement problem. Training and escalation-of-force standards are too often not matched to the level of threat that police officers actually face or to the overarching mission of an American police force.
The Memo Doesn’t Make Its Case
The truth requires greater transparency
.. That experience teaches me that the memo simply doesn’t make its case. Indeed, it gets less persuasive — and the material omissions more glaring — with each successive read. It might disclose the existence of troubling FBI misconduct, but the fair-minded reader has no way of knowing whether it does.
.. A good summary always supports assertions with evidence. A good summary provides context. A good summary even includes relevant information that contradicts its thesis so that the reader can evaluate the best counter-arguments.
.. legal arguments typically depend on lawyers taking thousands (sometimes tens of thousands) of pages of depositions and documents, crafting a concise narrative, and communicating that narrative to a judge — with citations referring to the relevant evidence and quotations of it as well.
.. If there is no citation or quotation, a judge will typically ask the lawyer, “Counselor, what record evidence supports that assertion?”
.. One of the first and most vital assertions in the entire memo is the claim that “the ‘dossier’ compiled by Christopher Steele (Steele dossier) on behalf of the Democratic National Committee (DNC) and the Hillary Clinton campaign formed an essential part of the Carter Page FISA application.” This statement is initially offered without proof. One has to read down to the next page to see any reference to evidence:
Furthermore, Deputy Director [Andrew] McCabe testified before the Committee in December 2017 that no surveillance warrant would have been sought from the FISC without the Steele dossier information.
.. When I read this, I had two immediate thoughts. First, what did he actually say? And second, why the subtle change in language from the argument that the “dossier” was an “essential part” of the FISA application to the statement that the warrant wouldn’t have been sought without the dossier “information”? The “dossier” and the “information” are not the same thing.
.. An effective memo would do more to end the debate. How? By quoting the relevant portions of McCabe’s testimony.
Better yet, it could quote the testimony and attach an appropriately redacted copy of the testimony as an appendix.
.. Even the characterization that the dossier was “essential” is a judgment call based on evidence unavailable to the public. Even worse, it was a judgment call based in part on evidence unavailable even to the rest of the committee.
.. memo should have plainly stated the agreement between the DOJ and the committee, along with the reasons for this agreement.
.. good summaries don’t just support conclusions with evidence, they provide vital and necessary context. On this point, the memo fails utterly.
.. it fails to answer the following questions:
- How did the FISA application actually describe Steele?
.. Democrats are arguing that the political nature of his work was appropriately disclosed. Don’t we need the actual words used to properly evaluate whether the FBI materially misled the court?
- In addition to the information from the Steele dossier, what other information did the FISA application include?
- To what extent did the multiple renewal applications depend on the information in the dossier? The memo notes that a FISA order must be renewed every 90 days, and each renewal must be supported by an “independent” probable-cause finding. A Trump appointee, Deputy Attorney General Rod Rosenstein, signed at least one of these FISA applications. He apparently believed that the request was supported by probable cause. Why?
- What is the “information” regarding Papadopoulos that triggered the opening of the investigation in July 2016 — a full three months before the Page FISA application? The memo provides information obviously designed to impair the credibility of that investigation — by referring to FBI agent Peter Strzok’s well-known political leanings — but it provides no information about any facts supporting the opening of the probe, leaving the reader with the impression that it was opened solely because Strzok dislikes Trump.
I also wrote above that a good summary “even includes relevant information that contradicts its thesis.” The memo omits any such information, but a Democratic rebuttal exists.
.. But even if the public reviews the Democratic rebuttal, the process is still flawed. The proper way to resolve explosive claims of political bias at the highest levels of government isn’t by dribbling out short memoranda but by issuing comprehensively researched and comprehensively supported majority and minority committee reports.
..it’s not by itself scandalous to review political opposition research — a politically motivated person is no more suspect than the terrorists and criminals who routinely provide information used to support even the most intrusive warrants.
.. When I was in Iraq, we were constantly aware that our sources had their own axes to grind. They didn’t want to defeat their opponents in an election. They wanted them to die in a hail of gunfire.
.. Biased sources are an inherent part of intelligence-gathering.
Trump’s ‘Sh**hole’ Comments Double Down on Identity Politics
Once again expressing hostility toward entire groups of immigrants, he further damages American political culture.
.. The president of the United States should not, by word or deed, communicate that he is hostile to or disdainful of entire classes of the American population. It doesn’t matter if such divisive rhetoric helps him win elections, nor if the reaction of his opponents is often overblown. As president, his obligation remains the same: Make your case without demonizing whole groups of people.
This shouldn’t be difficult for conservatives to understand. It’s an argument they’ve been making against Democrats for the better part of a decade. It’s the argument against identity politics.Virtually every engaged conservative knows the term “bitter clinger.” When Barack Obama spoke at a San Francisco fundraiser in 2008 and offered his amateur sociological assessment that some Americans become “bitter” about social change and “cling to guns or religion or antipathy toward people who aren’t like them,” conservatives didn’t hear dispassionate analysis. They heard contempt.
.. Among the terrible effects of negative polarization is the widespread perception — often created by presidents and presidential candidates themselves — that a president governs for the benefit of his constituents alone.
.. Indeed, in the aftermath of Hillary Clinton’s “deplorable” comment and her declaration that Republicans were her “enemies,” millions of conservatives were motivated to go to the polls. (Remember “charge the cockpit or die”?)
.. First, if you’re spending your time defending the notion that some countries are truly bad places to live, you’re missing the point entirely. Of course some countries are worse places to live than others. But Trump wasn’t talking about which countries he’d most like to visit or retire to. He was talking about which countries’ immigrants should be most and least welcomed by the United States.
.. Second, these comments must be understood in the context of Trump’s relatively short history as the country’s most visible political figure. From the opening moments of his presidential campaign, Trump has made sweeping, negative remarks about immigrants from third-world nations.
.. Even when he qualifies those remarks (“They’re bringing drugs. They’re bringing crime. They’re rapists. And some, I assume, are good people”) the qualification is weak.
.. As my colleague Ramesh Ponnuru pointed out this morning, the president’s businesses have been credibly accused of racial discrimination, he claimed that an American judge couldn’t do his job fairly because of the judge’s Mexican heritage, he delayed condemning David Duke as long as he possibly could, and after the dreadful alt-right rally and terrorist attack in Charlottesville, he went out of his way to declare that there were “very fine people” on both sides. One doesn’t even have to delve too deeply into Trump’s alleged comparison of Norway with the “sh**holes” of Africa to understand why a reasonable observer would believe that he has problems with entire classes of Americans, immigrants, and citizens of other nations.
.. But it’s just as ridiculous for conservatives to pretend that the outrage over Trump’s comments truly centers around his assessment of Haiti and Africa when it clearly centers around his assessment of Haitians and Africans.
At this point I simply can’t see how a conservative could look a concerned third-world immigrant (or descendent of a third-world immigrant) in the eye and assert that this president judges them fairly and without bias. The intellectual and rhetorical gymnastics necessary to justify not just Trump’s alleged comments yesterday but his entire history and record of transparent hostility to certain immigrants are getting embarrassing to watch. Some of his comments may “work” politically — divisive comments often do — but that doesn’t make them any less damaging to American political culture as a whole.
Is Trump a Blessing or Curse for Religious Conservatives?
A year in, Trump has delivered on many of his specific promises, particularly where judicial appointments are concerned. At the same time, there’s a great deal of angst within religious circles about what his personal moral defects and his administration’s deep unpopularity mean for Christian cultural witness, and (among evangelicals, especially) whether the Trump era is setting up a kind of generational schism that will contribute to institutional Christianity’s crisis going forward.
.. John Zmirak: Thanks, Ross. So far, I must say that I’m genuinely pleased and impressed by Trump’s performance on most of the issues of concern to socially conservative voters and Christians. It contrasts sharply with how mainstream Republican candidates and presidents treated such voters.
.. Think back to 1996, when a handful of evangelical leaders were able to steer their flocks away from Pat Buchanan — who would have been their champion — to Bob Dole, who muttered reluctant compliance with a few of their interests, but clearly didn’t care a fig about abortion or other culture issues.
.. What we saw in 2016 is that a small group of “respectable” ministers or lobbyists no longer has the power to “deliver” Christian voters. And I think that’s a good, healthy thing. It gives us more leverage, as we seem to have with Trump.
Furthermore, and I have this from pastors who met with Trump for many hours: He genuinely listens to them. They’re the kind of people most playboys from Queens never encounter. He connected with some of them personally. He saw their concern for his soul. And he took and takes their concerns seriously.
Trump sees that the church is a big part of what made America great, and he sees that the state persecution that President Obama began hurts the country. I hope that he sees more, sees Christ as his savior. But in his role as Caesar, protecting our rights is quite enough.
.. I know it’s fashionable to scorn “mainstream” or “respectable” politicians or ministers, but these individuals at least had the virtue — as imperfect as they were — of a degree of personal honor and integrity. The church always must be mindful of its witness, and it can’t sacrifice its moral credibility to a culture by declaring, “I did it for the judges.”
I belong to the camp of Christians who are grateful when Trump makes good decisions but also quite mindful that our political witness is inseparable from our Christian witness. Thus, we have no option but to condemn his worst impulses and work to counteract his toxic influence on our larger culture. While policy positions are important (though Trump’s real impact is often vastly overblown), a nation is ultimately shaped far more by its culture than its policies, and we can never forsake the greater power for the lesser win.
Zmirak: I think it trivializes every issue of justice and life that we both care about to call them public policy “wins.” These are the fates and freedoms of millions of people we’re talking about. Unborn children. Nuns who serve the dying poor. Christians endangered by the Islamic State.
Douthat: But John, do you think there’s anything dangerous in the close association between a Christian politics and a president who is so proudly un-Christian in word and often deed?
Zmirak: Trump’s personal behavior in the past is of no real concern to me — nor to most of the Christian voters I’m in touch with. The more we find out about the disgusting actions in office of not just Bill Clinton but also John F. Kennedy … it helps encourage an Augustinian shrug.
French: I find it curious when Christians declare that the personal conduct of a president is of no real concern — especially since that’s the exact opposite message that Christians have been preaching for a generation. During the latter part of the Bill Clinton presidency, the Southern Baptist Convention put out a powerful statement on the importance of virtuous conduct in leaders, regardless of the state of the economy or the quality of the policymaking. Part of the justification for that statement was the biblical truth that God has judged nations in part for their unrighteous rulers. In other words, Christians can’t and shouldn’t laser-focus on policy but always must be mindful of eternity. Do we believe the Bible? Or are we just another interest group that makes cold, purely political calculations?
.. Zmirak: We’re fallen creatures trying to render unto Caesar as well as unto God. The nexus between those two is how we as sovereign citizens direct our government to treat the vulnerable.
We supported Constantine, and Harry Truman, and many other imperfect men who were better than the alternatives.
I don’t even expect saintly behavior of popes, much less of presidents. If the circumstances in which God saw fit to place us make us choose between the “squeaky clean” persecutor of the unborn and the Little Sisters of the Poor, or between Barack Obama and Donald Trump, the choice is obvious. If we pick the persecutor because he pleases us more aesthetically, better fits our internal self-image, then we will answer for that on the Day of Judgment.
.. Douthat: So when we see polls showing a wild swing between the 1990s and the present in the share of evangelicals who think character matters in a politician, John, you think evangelicals are actually coming around to a more sensible view than they held in the Clinton era?
Zmirak: Yes. Just as evangelicals are coming around to using Natural Law (philosophical) arguments — rather than biblical proof-texts for their political positions, I think they are moving closer to the skeptical prudence that always marked Catholic, Lutheran and Anglican political thinking. Read what the Family Research Council, or National Organization for Marriage, publish on social issues. They’re not thumping the Bible. They’re citing Cicero and Aristotle.
French: I’m sorry, but the transformation of the evangelical public from the American segment most willing to hold leaders to a high moral standard to the segment now least likely smacks of pure, primitive partisanship, not high theological principle. Evangelicals aren’t coming around to using Natural Law at all. It’s pure instrumentalism. They’ve made an alliance of convenience. They haven’t made some sort of thoughtful intellectual shift.
.. A person can simultaneously say that Trump has accomplished good things while also seeking to hold him to a proper standard of conduct. My great disappointment during this first year of the Trump presidency is not with evangelicals who have rightly lauded, say, the Neil Gorsuch appointment, but rather with Christians who’ve defended, rationalized and excused conduct they’d never, ever condone in a Democrat. There are not two standards of morality depending on judicial appointments or regulatory reform.
.. For groups outside the Republican coalition, especially — like millennials drifting from religion and the churchgoing African-Americans who just turned out in droves to defeat Roy Moore — isn’t there the potential for them to be scandalized by lock step religious conservative support for a presidency that most of America sees as failed from Year 1?
.. Zmirak: I think much of the drift is driven not by politics but by internal scandals, like the sex abuse crisis among Catholics, and financial scandals among evangelicals.
.. But to politics: Were Christians scandalized by the spectacle of George W. Bush leaving Iraqi Christians to face jihadi violence? They should have been. It was far worse than anything Trump has done. I must confess that I am deeply embittered by the callousness that George W. Bush displayed toward the lives and liberties of religious minorities in Iraq — when as U.S. commander in chief, he had essentially absolute power over that occupied country. Of about one million Christians, some 900,000 were ethnically cleansed, most of them while our troops still occupied the country. I can put up with Donald Trump’s old Howard Stern tapes all day long, compared with that.
.. I don’t think the savage hatred of Donald Trump is mostly driven by his genuine excesses. Trump is serving as a catalyst to expose just how unhinged, anti-Christian, anti-Western, and frankly anti-rational the dominant factions on the left have become.
.. to blame the plight of Middle East Christians on Bush is to magnify his influence far too much. They have faced worse in countries America didn’t invade.
.. The Democratic nomination of Hillary Clinton was far more important to Trump’s success than anything that George W. Bush did. Don’t forget, older Republicans (which is most Republicans) had been fighting Clinton for the better part of a quarter-century. The rallying cry of the G.O.P. wasn’t to turn the page on the Bush era but rather to defeat Hillary. As of today, Bush has a higher approval rating than Trump.
.. what would have to happen in the next few years to make you think that he’s right, and that the negative consequences of the Trumpist bargain will ultimately eclipse Neil Gorsuch’s influence on the legal and political order?
Zmirak: If Trump follows bad advice, and gets us mired in some foreign intervention where thousands of U.S. troops are bogged down in pursuit of ideological fantasies. Or if he betrays us on the courts. Or if he fails to get control of our borders. In other words, if he welches on any of the fundamental promises he made conservatives to gain our support, then I’ll feel cheated.
.. Douthat: But you really don’t worry at all about the possibility that 60 percent of the country will exit the Trump era convinced that conservative Christianity is just white identity politics?
Zmirak: No, I think that’s something that worries conservatives who mix in elite circles more than anyone else.
.. French: This is just false. I live in rural Tennessee, and the folks who go to my church don’t want conservative Christianity to be seen in this way. There’s nothing elitist about wanting the Christian church to be seen as a force for racial reconciliation. In fact, the most grass-roots churches in the U.S. — our Pentecostal churches — are often the most racially diverse. The white Christians I know are in fact scandalized at the idea that church identity is mixed with ethnic self-advocacy.
.. It seems to me that the example of Western Europe, where secularization is more advanced than here and Islamic radicalism a more systemic social problem, has played an underestimated role in shaping conservative Christian instincts in the Trump era. That the pro-Trump voices, like you, John, see him as a bulwark against the trends that have marginalized traditional Christianity in France or England or Germany, while Trump critics (like myself and perhaps you, David) fear that by leading American Christians into defeat and disrepute, he will hasten us down the road to European secularism. What do you both think of this frame?
.. French: There is no question that conservative Christians are very concerned about America’s secular drift, and they look to Europe’s thoroughly post-Christian culture with a degree of alarm, if not horror. This concern contributed to the “Flight 93 election” mind-set that cast the 2016 contest as the campaign that would decide our national fate. That election was the emergency that justified wholesale Christian shifts in political principle. Where Christians once demanded honesty, they rationalized lies. Where Christians once sought evidence of ideological consistency, they accepted incoherence.
.. Many of us, however, looked at these accommodations and asked a simple question. Where is your faith? Christians were acting as if not just the nation — but the church itself — was in peril based on the outcome of a single election. Yet is God not sovereign over all the nations, including our own? Doesn’t scripture repeatedly condemn the exact kinds of moral compromises that so many Christians made? Don’t we believe those scriptures?
.. There is nothing more dangerous to the church than a lack of faith. I don’t at all mind it when Christians cheer the good things that Donald Trump has done. I join them. I do mind when they rationalize and excuse bad acts out of a completely misguided and faithless sense of cultural and political necessity.