A former dean of the Yale Law School sounds a warning.
Anyone who has followed the news from college campuses over the past few years knows they are experiencing forms of unrest unseen since the late 1960s.
Now, as then, campuses have become an arena for political combat. Now, as then, race is a central issue. Now, as then, students rail against an unpopular president and an ostensibly rigged system. Now, as then, liberal professors are being bullied, denounced, demoted, threatened, sued and sometimes even assaulted by radical students.
But there are some important differences, too. None of today’s students risk being drafted into an unpopular, distant war. Unlike the campus rebels of the ’60s, today’s student activists don’t want more freedom to act, speak, and think as they please. Usually they want less.
Most strange: Today’s students are not chafing under some bow-tied patriarchal WASP dispensation. Instead, they are the beneficiaries of a system put in place by professors and administrators whose political views are almost uniformly left-wing and whose campus policies indulge nearly every progressive orthodoxy.
So why all the rage?
The answer lies in the title of Anthony Kronman’s necessary, humane and brave new book: “The Assault on American Excellence.” Kronman’s academic credentials are impeccable — he has taught at Yale for 40 years and spent a decade as dean of its law school — and his politics, so far as I can tell, are to the left of mine.
But Yale has been ground zero for recent campus unrest, including a Maoist-style struggle session against a distinguished professor, fights about “cultural appropriation,” the renaming of Calhoun (as in, John C.) College, and the decision to drop the term “master” because, to some, it carried “a painful and unwelcome connotation.”
It’s this last decision that seems to have triggered Kronman’s alarm. The word “master” may remind some students of slavery. What it really means is a person who embodies achievement, refinement, distinction — masterliness — and whose spirit is fundamentally aristocratic. Great universities are meant to nurture that spirit, not only for its own sake, but also as an essential counterweight to the leveling and conformist tendencies of democratic politics that Alexis de Tocqueville diagnosed as the most insidious threats to American civilization.
What’s happening on campuses today isn’t a reaction to Trump or some alleged systemic injustice, at least not really. Fundamentally, Kronman argues, it’s a reaction against this aristocratic spirit — of being, as H.L. Mencken wrote, “beyond responsibility to the general masses of men, and hence superior to both their degraded longings and their no less degraded aversions.” It’s a revolt of the mediocre many against the excellent few. And it is being undertaken for the sake of a radical egalitarianism in which all are included, all are equal, all are special.
“In endless pronouncements of tiresome sweetness, the faculty and administrators of America’s colleges and universities today insist on the overriding importance of creating a culture of inclusion on campus,” Kronman writes.
This is a bracing, even brutal, assessment. But it’s true. And it explains why every successive capitulation by universities to the shibboleths of diversity and inclusion has not had the desired effect of mollifying campus radicals. On the contrary, it has tended to generate new grievances while debasing the quality of intellectual engagement.
Hence the new campus mores. Before an idea can be evaluated on its intrinsic merits, it must first be considered in light of its political ramifications. Before a speaker can be invited to campus for the potential interest of what he might have to say, he must first pass the test of inoffensiveness. Before a student can think and talk for himself, he must first announce and represent his purported identity. Before a historical figure can be judged by the standards of his time, he must first be judged by the standards of our time.
All this is meant to make students “safe.” In fact, it leaves them fatally exposed. It emboldens offense-takers, promotes doublethink, coddles ignorance. It gets in the way of the muscular exchange of honest views in the service of seeking truth. Above all, it deprives the young of the training for independent mindedness that schools like Yale are supposed to provide.
I said earlier that Kronman’s book is brave, but in that respect I may be giving him too much credit. Much of his illustrious career is now safely behind him; he can write as he pleases. Would an untenured professor have the guts to say what he does? The answer to the question underscores the urgency of his warning.
Looking for help on immigration, the Trump administration is silent in the face of Guatemala’s effort to seal its dirty war archive.
With the quiet acquiescence of the Trump administration, the Guatemalan government is threatening to bar access to a collection of national archives that have been at the core of various attempts to prosecute Guatemalan politicians and officers responsible for some of Latin America’s most heinous atrocities.
The move to suppress the archives is part of a larger campaign by Guatemalan President Jimmy Morales, who faces allegations of receiving illicit campaign funds, to undercut the rule of law through the purge of judges, police officials, and archivists who have been at the forefront of Guatemala’s effort to investigate corruption, narcotrafficking, and war crimes, according to foreign diplomats and independent experts.
But senior U.S. officials in Washington and Guatemala City have rebuffed appeals from working-level staffers and foreign diplomats to publicly challenge Guatemala’s action. And U.S. President Donald Trump’s administration, which is seeking Guatemala’s help in stemming the flow of asylum-seekers and refugees into the United States, has remained largely silent over these developments.
One U.S. official said that America’s reluctance to confront Guatemala is part of a crude unwritten bargain between Morales’s government and the Trump administration: “They promise not to let brown people into the country, and we let them get away with everything else,” the official said.
The “assault on the police archive [is part of a] broader attack against human rights, justice, and anti-corruption efforts,” said Kate Doyle, a researcher at the National Security Archive and an expert on the Guatemalan archives. “The U.S. is saying nothing. The U.S. Embassy has been incredibly absent on these issues. They are not doing anything.”
In the latest sign of U.S. reluctance to challenge Guatemala on human rights, Kimberly Breier, the U.S. assistant secretary of state for Western Hemisphere affairs, blocked the release of a public statement in early June that would have urged Guatemala to back down on its effort to restrict access to the archives.
“These archives are an essential source of information to clarify and understand critical historical truths from Guatemala’s history,” reads the statement obtained by Foreign Policy, which was suppressed in June. “Access to the archives by historians, victims of abuse recorded in these archives and their families, the public, and the international community, has furthered Guatemala’s progress towards accountability, justice, truth and reconciliation.”
Foreign Policy sought a response from the Trump administration last Wednesday. The State Department did not respond until nearly an hour and half after this article was published Tuesday.
“The United States strongly supports continued public access to the Historical Archive of the National Police,” according to a statement from a spokesperson from the State Department’s Bureau of Western Hemispheric Affairs. The Tuesday statement included the two sentence cited by Foreign Policy in the suppressed statement.
The initial decision to block the statement—which had been approved by the State Department press office, the U.S. Embassy in Guatemala, and several other key bureaus—came as the United States was engaged in sensitive negotiations on a so-called safe third country agreement, which would commit Guatemala to process political asylum claims from foreigners, particularly from El Salvador and Honduras, who cross its border in transit to the United States. “My understanding is Kim Breier killed this because she didn’t want to do anything that would piss off the Guatemalans,” said one congressional aide.
During the past two decades, the United States has invested in efforts to strengthen the rule of law in Guatemala,
- funding a United Nations commission that investigates corruption and illicit activities by armed groups,
- strengthening the judiciary, and
- training and equipping police units with expertise in counternarcotics and corruption.
- The United States has spent millions of dollars over the years to preserve the police archives, including through the provision of document scanners and the funding of a digitized archive maintained by scholars at the University of Texas at Austin.
Guatemala’s bloody 36-year-long civil war resulted in the deaths of about 200,000 people, mostly at the hands of the Guatemalan security forces. A 1996 U.N.-brokered peace agreement paved the way for the return of exiled rebels, established a new national police force, and pried open the door to the prospect of public reckoning for crimes committed during the war. The Guatemalan military and police resisted, denying that they had preserved detailed records of their activities during the conflict. But in 2005, more than 80 million documents and records, dating from 1882 to 1997, were discovered in seven rat-infested rooms at an unused hospital building in Guatemala City owned by Guatemala’s now-defunct National Police.
Since then, the Guatemalan National Police Historical Archive has helped convict more than 30 military officers, soldiers and paramilitaries, including a former presidential chief of staff, Manuel Callejas y Callejas, convicted of crimes against humanity, and Guatemala’s late dictator, Gen. Rios Montt—who was found guilty in 2013 of genocide for overseeing mass atrocities in the early 1980s — though his conviction was later overturned by Guatemala’s constitutional court.
The archive has proved a valuable resource for U.S. law enforcement. The Department of Justice and Immigration and Customs Enforcement have used the archive to identify Guatemalan rights abusers living in the United States.
But the management of the archives has long infuriated some of those in Guatemala’s most powerful business and security sectors, who believed that it has been used as a tool of the left to gain revenge against their former enemies. They have cited the role of the archive’s former director, Gustavo Meoño Brenner, a former guerrilla leader who has recruited staff from the country’s left wing to run the archives. In August 2018, the U.N. Development Program, which has helped administer the archive program since 2008, abruptly dismissed Meoño Brenner. He has since fled the country, following death threats.
The move to restrict archive access is only one element of a wider effort to defang justice institutions in Guatemala. In September, a landmark U.N. International Commission Against Impunity in Guatemala—known by its Spanish acronym, CICIG—whose corruption investigations landed a Guatemalan president and vice president in jail will shutter its office.
The demise of the commission, which had also exposed alleged illegal campaign contributions in Morales’s 2015 presidential campaign, came after a two-year-long effort by the president and his allies, including sympathetic Republican lawmakers and Trump administration officials in Washington, to undermine it. Pro-military lawmakers in the Guatemalan Congress, meanwhile, have been pressing to pass an amnesty law that would result in the release of dozens of military officers and death squad leaders from jail. That effort has been stalled by Guatemala’s Constitutional Court.
The effort to suppress the archives is being spearheaded by Guatemalan Interior Minister Enrique Degenhart, a popular figure in Washington, who has represented Guatemala in the safe third country negotiations.
In a May 27 press conference, Degenhart announced that his office and Guatemala’s National Civil Police would seek greater control of the archive. He also threatened to limit access to the archives by foreign institutions, an apparent reference to the University of Texas at Austin, which has assembled a massive digitized version of a large portion of the police archive. “You can’t allow foreign institutions to have the complete archives,” Degenhart told reporters.
In response, the U.N. and other foreign envoys invited the U.S. ambassador to Guatemala, Luis Arreaga, to join ambassadors from several other countries, including Canada, Germany, Switzerland, Sweden, and the United Kingdom, on a visit to the archive to voice opposition to granting police greater control over the archives. Arreaga declined. The spokesperson from the State Department Bureau of Western Hemispheric Affairs declined to comment on whether Arreaga declined the invitation.
In Washington, State Department officials sought support within the administration for a public statement that would place the United States squarely on the side of those seeking to preserve broad public access to the archives.
“The message [Guatemalan authorities] are getting is we don’t care what you do as long as you do everything in your power to prevent” foreigners from reaching the U.S. border, said Rep. Norma Torres, a California Democrat who was born in Guatemala. If that requires “supporting a corrupt government, that is what [the Trump administration] is going to do.”
Public messaging and statements from U.S. envoys and the State Department can have an outsized political impact in Central America, former diplomats say. “It’s astonishing how important the U.S. voice is in terms of journalists, human rights defenders, civil society … in this region,” said Roberta Jacobson, a former U.S. ambassador to Mexico and assistant secretary of state for Western Hemisphere affairs. “There are clearly things that governments would do, actions it would take, but for the U.S. watching and speaking out,” she said.
The lack of response, according to diplomats, emboldened Guatemala to ratchet up its campaign against the archives.
In early July, the Guatemalan Ministry of Culture and Sports informed the U.N. Development Program, which administers the archive budget on behalf of foreign donors, that it would take over full management of the archives, raising questions about its financial viability. The U.N., which pays staff salaries, was forced to lay off the archives researchers and archivists.
On July 10, Guatemala fired its chief national archivist, Anna Carla Ericastilla, on the grounds that she provided access to foreign institutions, including the University of Texas, and improperly raised funds from donors to pay salaries to archivists.
Degenhart, meanwhile, has overseen a massive purge of Guatemala’s reformed police force after being named interior minister in January 2018. The following month, he fired the director of the National Civil Police, Nery Ramos, along with three other top cops. All told, Degenhart fired some 25 ranking officers and more than 100 agents, including 20 of the 45 police agents assigned to work with the U.N. anti-corruption office.
Guatemalans “have observed a systematic process of dismantling the National Civil Police, ordered by the interior minister himself, who seems determined to destroy 20 years of progress,” according to an August 2018 study by the Forum of Civil Society Organizations Specializing in Security, or FOSS.
The fate of the archive has become inextricably linked to the White House immigration policy.
The threat to curtail access to the archives came on the same day that Degenhart had signed an agreement with Kevin McAleenan, the acting U.S. secretary of homeland security, for the deployment of 89 agents from U.S. Immigration and Customs Enforcement and Customs and Border Protection in Guatemala to help stem the flow of refugees through the country. It also coincided with the Trump administration’s negotiation of a safe third party agreement with Degenhart.
Trump in March ordered all U.S. aid to Guatemala, El Salvador, and Honduras to be cut until they drastically reduced the number of migrants traveling north through Mexico to attempt to enter the United States. Critics, including both Democratic and Republican lawmakers, said the move would only exacerbate the migration crisis, as U.S. assistance helped address root causes of instability that caused people to flee north.
In June, the State Department announced it would release $432 million of the $615 million in aid to Central America, but it warned that new funding would not be released until the Northern Triangle governments took more steps to address migration.
Last week, the Trump administration announced that it had reached agreement on the safe third country pact, which would commit Guatemala to processing political asylum claims from migrants who cross its border in transit to the United States. The U.S. has yet to publish a copy of the pact, leading to speculation about what the deal actually entails.
Still, the move has raised concern about the constitutionality of the agreement. Guatemala’s constitutional court has already asserted that such an agreement would require approval by the Guatemalan Congress. Democratic lawmakers and other activists have criticized the move and vowed to fight it in courts. Democratic Rep. Eliot Engel, the chairman of the House Foreign Affairs Committee, said it is “cruel and immoral. It is also illegal.”
“Simply put, Guatemala is not a safe country for refugees and asylum seekers, as the law requires,” Engel said in a statement released on July 26, after the Trump administration and Guatemalan government signed the agreement.
The hardened battle lines were prompted by Beijing’s decision to take a more aggressive stance in negotiations, according to the people following the talks. They said Beijing was emboldened by the perception that the U.S. was ready to compromise.
- In particular, these people said, Mr. Trump’s hectoring of Federal Reserve Chairman Jerome Powell to cut interest rates was seen in Beijing as evidence that the president thought the U.S. economy was more fragile than he claimed.
- Beijing was further encouraged by Mr. Trump’s frequent claim of friendship with Chinese President Xi Jinping and by Mr. Trump’s praise for Chinese Vice Premier Liu He for pledging to buy more U.S. soybeans.
An April 30 tweet, in which Mr. Trump coupled criticism of Mr. Powell with praise of Chinese economic policy, especially caught the eye of senior officials. “China is adding great stimulus to its economy while at the same time keeping interest rates low,” Mr. Trump tweeted. “Our Federal Reserve has incessantly lifted interest rates.”
“Why would you be constantly asking the Fed to lower rates if your economy is not turning weak,” said Mei Xinyu, an analyst at a think tank affiliated with China’s Commerce Ministry. If the U.S.’s resolve was weakening, the thinking in Beijing went, the U.S. would be more willing to cut a deal, even if Beijing hardened its positions.
That assessment, however, flies in the face of a strong U.S. economy. Gross domestic product in the first quarter rebounded from the end of 2018, with growth clocking in at a seasonally adjusted annualized rate of 3.2%, up from 2.2% the prior quarter. The jobs report for April, released on Friday, showed the unemployment rate falling to 3.6%, the lowest in nearly 50 years.
But at the same time, China’s economy has stabilized this year following months of weakness. Although China’s exports dropped unexpectedly in April, its first-quarter growth came in at 6.4%, beating market expectations. The generally improving economic picture gave Beijing more confidence in trade talks, as did a recent conference on the country’s vast infrastructure-spending program, called the Belt and Road Initiative, which was attended by about 40 heads of government and state.
Chinese leaders saw the conference turnout “as China has more leverage to improve relations with other countries and with the U.S. business community,” said Brookings Institution China specialist Cheng Li. “It made them play hardball.”
If China misread the signals—and vice versa—it wouldn’t be the first time.
The history of U.S.-China trade negotiations is filled with misunderstandings, as the two nations, with very different political systems, struggle to figure out each other’s intentions.
.. In another apparent sign of mixed signals, Trump administration officials had thought they had made it clear that they were weary of negotiations and that it was time for Beijing to make specific commitments to change laws, including adding protections for intellectual property and barring the forced transfer of U.S. technology.
As talks resume Thursday, one big question mark is whether China will agree to U.S. demands for changes in Chinese law to implement the trade deal. Beijing maintains this would impinge on Chinese sovereignty and take too long to implement, but Beijing had made similar commitments in prior trade deals, including those it signed to join the WTO in 2001.
U.S. officials say Beijing has failed to make good on those commitments, while China has promised to further liberalize its economy.
“The U.S. is correct to seek a multiprong approach of not relying solely on commitments but also actually changes to the laws, so as to ensure Chinese leadership intentions are fully conveyed down to all local levels of government,” said Harvard Law Professor Mark Wu.
WASHINGTON — At first, he vowed to “take the mantle” for closing part of the federal government. Then he blamed Democrats, saying they “now own the shutdown.” By Friday, President Trump was back to owning it again. “I’m very proud of doing what I’m doing,” he declared.
Two weeks into the showdown over a border wall, Mr. Trump is now crafting his own narrative of the confrontation that has come to consume his presidency. Rather than a failure of negotiation, the shutdown has become a test of political virility, one in which he insists he is receiving surreptitious support from unlikely quarters.
Not only are
- national security hawks cheering him on to defend a porous southern border, but so too are
- former presidents who he says have secretly confessed to him that they should have done what he is doing. Not only do
- federal employees accept being furloughed or forced to work without wages,
- they have assured him that they would give up paychecks so that he can stand strong.
Never mind how implausible such assertions might seem. The details do not matter to Mr. Trump as much as dominating the debate. After an oddly quiescent holiday season in which he complained via Twitter about being left at home alone — “poor me” — he has taken the public stage this week clearly intent on framing the conflict on his own terms.
People close to the president described him as emboldened since members of Congress returned to Washington after the break, giving him not only a clear target to swing at but helping him focus on a fight that he is convinced is a political winner. One aide said Mr. Trump believes he has gained the upper hand in the public battle.
Although surveys at first showed more Americans blaming him for the shutdown than Democrats, later polling showed the fault more evenly split. And the voters he cares most about, his core conservative supporters, are more enthusiastic than the public at large. He has told people that “my people” love the fight, and that he believes he is winning.
In the past three days, Mr. Trump has appeared in public three times to get his version of the story out while Democrats celebrated their takeover of the House. At a lengthy cabinet meeting on Wednesday, an appearance with border patrol union leaders on Thursday and a news conference with Republican congressional leaders in the Rose Garden on Friday, he engaged in quintessentially Trumpian stream of conscious discussions that ranged widely and unpredictably.
At one point, he argued that the Soviet Union was right to invade Afghanistan in 1979 to stop terrorists, a revisionist version that provoked a strong reaction in Kabul and earned a sharp rebuke from the often supportive editorial page of The Wall Street Journal, which said, “We cannot recall a more absurd misstatement of history by an American President.”
Mr. Trump’s version of events differed even from the other people in the room at Friday’s meeting at the White House. When Democratic congressional leaders emerged after two hours, they described a “contentious” session with no meaningful progress as the president threatened to keep the government closed for “months or even years.” When Mr. Trump emerged shortly afterward, he described a “very, very productive meeting” and predicted the standoff could be “fixed very quickly.”
Two people briefed on the meeting said that White House officials viewed the conversation as the first civil discussion that had taken place between the two sides, and it left some of Mr. Trump’s aides hopeful. Indeed, Mr. Trump made a point of publicly saying nothing but relatively positive things about the Democrats on Friday.
Optimistic that a deal really is within reach, the president said he would have Vice President Mike Pence; Kirstjen Nielsen, the homeland security secretary; and Jared Kushner, his son-in-law and senior adviser, meet with Democrats over the weekend.
But there were questions about his own side of the aisle. Senator Mitch McConnell, Republican of Kentucky and the majority leader, unlike other congressional Republican leaders, was not present for the Rose Garden news conference. “He’s running the Senate,” Mr. Trump explained, even though the Senate had adjourned hours earlier and Mr. McConnell’s spokesman said the senator did not know about the news conference.
The president nonetheless was feeling energized by support he said he had received for the fight — including the very federal employees who are not being paid as a result of the partial shutdown.
By all public accounts, Mr. Trump had not spoken with his living predecessors since his inauguration until former President George Bush died last month. Mr. Trump called Mr. Bush’s son, former President George W. Bush, to offer condolences, but the subject of the wall did not come up, according to Mr. Bush’s office. A few days later, at the elder Mr. Bush’s funeral, Mr. Trump encountered his predecessors for the first time since taking office, but he sat quietly without talking with them during the service.
The younger Mr. Bush built miles of wall and fencing along the Mexico line while he was president, but said it could not cover the entire border and insisted that enforcement should be coupled with an overhaul of immigration law to permit many people in the country illegally to stay. Former President Barack Obama has repeatedly criticized Mr. Trump’s proposed wall, and former President Jimmy Carter has said technological improvements would be more effective at protecting the border.
The White House did not say afterward which presidents Mr. Trump was referring to, but a senior administration official said he was probably referring to public comments his predecessors have made about the need for border security, not necessarily for a wall specifically.
As he careened this week from subject to subject and assertion to assertion, an energized Mr. Trump seemed to be enjoying himself. He went on for more than an hour and a half on Wednesday and another hour on Friday.
“Should we keep this going or not, folks?” he asked reporters at one point before noticing that it was a cold January day in the Rose Garden.
“Should we keep this going a little bit longer?” he asked again. “Let me know when you get tired.”
One thing Mr. Trump was not was tired.