The Trump-Russia Investigation and the Mafia State

many of us who write about Russia professionally, or who are Russian, have struggled to square what we know with the emerging narrative. In this story, Russia waged a sophisticated and audacious operation to subvert American elections and install a President of its choice—it pulled off a coup. Tell that to your average American liberal, and you’ll get a nod of recognition. Tell it to your average Russian liberal (admittedly a much smaller category), and you’ll get uproarious laughter. Russians know that their state lacks the competence to mount a sophisticated sabotage effort, that the Kremlin was even more surprised by Trump’s election than was the candidate himself, and that Russian-American relations are at their most dysfunctional since the height of the Cold War. And yet the indictments keep coming.

.. I mean that I’ve figured out how to think about what we know and not go crazy. The answer lies in the concept of the Mafia state. (And, no, I’m not invoking the Mob because Stone encouraged an associate to behave like a character from “The Godfather Part II,” as detailed in his indictment.)

As journalists who usually cover American politics have connected the dots of the story of Russian interference, those of us who normally write about Russia have cringed. Early on, it was common to point out that Paul Manafort, Trump’s former campaign manager, who is now under arrest, worked for Viktor Yanukovych, who is often characterized as the “pro-Russian President of Ukraine.” In fact, there was no love lost between Putin and Yanukovych. After he was run out of town, during the 2014 Ukrainian revolution, Yanukovych did seek refuge in Russia, but during his tenure as President he was an unreliable partner for Putin at best. Perhaps more to the point, he’s a crook and a brute. He served time for robbery and assault before he became a politician, and he is wanted in Ukraine for treason, mass murder, and embezzlement. A visitor to Ukraine can take a tour of Yanukovych’s palace, famous for its marble, crystal, immense scale, and a life-size solid-gold sculpture of a loaf of bread. Manafort made a career of working for the corrupt and the crooked. That in itself tells us little about Russia or its role in the 2016 campaign.

.. In media coverage, her e-mailing with a lawyer in the Russian prosecutor’s office was portrayed as evidence of a direct line to Putin, suggesting that she met with Trump’s campaign officials as his emissary. To me, it read as a lot of bluster on the part of a minor operator. From all the available evidence, and contrary to her sales pitch, Veselnitskaya did not have any dirt to offer on Hillary Clinton. To the extent that Veselnitskaya had established connections to high-level Russian officials, they were the kind that are necessary for a lawyer to be at all effective in a corrupt system.

.. We cringed at the characterization of the Russian online influence campaign as “sophisticated” and “vast”: Russian reporting on the matter—the best available—convincingly portrayed the troll operation as small-time and ridiculous. It was, it seems, fraudulent in every way imaginable: it perpetrated fraud on American social networks, creating fake accounts and events and spreading falsehoods, but it was also fraudulent in its relationship to whoever was funding it, because surely crudely designed pictures depicting Hillary Clinton as Satan could not deliver anyone’s money’s worth.

What we are observing is not most accurately described as the subversion of American democracy by a hostile power. Instead, it is an attempt at state capture by an international crime syndicate. What unites Yanukovych, Veselnitskaya, Manafort, Stone, WikiLeaks’s Julian Assange, the Russian troll factory, the Trump campaign staffer George Papadopoulos and his partners in crime, the “Professor” (whose academic credentials are in doubt), and the “Female Russian National” (who appears to have fraudulently presented herself as Putin’s niece) is that they are all crooks and frauds. This is not a moral assessment, or an attempt to downplay their importance. It is an attempt to stop talking in terms of states and geopolitics and begin looking at Mafias and profits.

The Hungarian sociologist Bálint Magyar, who created the concept of the “post-Communist mafia state,” has just finished editing a new collection of articles called “Stubborn Structures: Reconceptualizing Post-Communist Regimes” (to be published by C.E.U. Press early this year). In one of his own pieces in the collection, using Russia as an example, Magyar describes the Mafia state as one run by a “patron” and his “court”—put another way, the boss and his clan—who appropriate public resources and the institutions of the state for their private use and profit. When I talked to Magyar on the phone on Monday, he told me that Trump is “like a Mafia boss without a Mafia. Trump cannot transform the United States into a Mafia state, of course, but he still acts like a Mafia boss.” Putin, on the other hand, “is a Mafia boss with a real Mafia, which has turned the whole state into a criminal state.” Still, he said, “the behavior at the top is the same.”

The Mafia state is efficient in its own way. It does not take over all state institutions, but absorbs only the ones necessary for extracting profit. Some structures therefore continue to work as though they were part of a normal state. This may explain why we saw the official Russian foreign-policy establishment preparing, in the lead-up to the 2016 election, for a working relationship with the presumed Hillary Clinton Administration.

When we think about a normal state, Magyar told me, “the assumption is that the state acts in the public interest, and if that doesn’t happen, that’s a deviation.” That is true of how we think about democracies but also, to a large extent, of how we think about dictatorships as well: the dictator positions himself as the arbiter and sole representative of the national interest. A Mafia state, on the other hand, acts only in the personal profit-seeking interests of the clan. “That’s not a deviation,” Magyar said. “It’s a substantive, structural characteristic of the state. The state itself, at the top, works as a criminal organization.”

By the metrics of a Mafia state, though, the Trump Presidency has yielded great results for Russia. A Mafia boss craves respect, loyalty, and perceived power. Trump’s deference to Putin and the widespread public perception of Putin’s influence over Trump have lifted Putin’s stature beyond what I suspect could have been his wildest dreams. As happens in a Mafia state, most of the benefit accrues to the patron personally. But some of the profit goes to the clan. Over the weekend, we learned that the Treasury Department has lifted sanctions on companies that belong to Oleg Deripaska, a member of Putin’s “court” who once lent millions of dollars to Manafort. If a ragtag team employed by or otherwise connected to the Russian Mafia state tried to aid a similar collection of crooks and frauds to elect Trump—as it increasingly looks like they did—then the Deripaska news helps explain their motivations. The story is not that Putin is masterminding a vast and brilliant attack on Western democracy. The story, it appears, is that the Russian Mafia state is cultivating profit-yielding relationships with the aspiring Mafia boss of the U.S. and his band of crooks, subverting democratic institutions in the process.

Warning! Everything Is Going Deep: ‘The Age of Surveillance Capitalism’

Deep learning, deep insights, deep artificial minds — the list goes on and on. But with unprecedented promise comes some unprecedented peril.

Around the end of each year major dictionaries declare their “word of the year.” Last year, for instance, the most looked-up word at Merriam-Webster.com was “justice.” Well, even though it’s early, I’m ready to declare the word of the year for 2019.

The word is “deep.”

Why? Because recent advances in the speed and scope of digitization, connectivity, big data and artificial intelligence are now taking us “deep” into places and into powers that we’ve never experienced before — and that governments have never had to regulate before. I’m talking about

  • deep learning,
  • deep insights,
  • deep surveillance,
  • deep facial recognition,
  • deep voice recognition,
  • deep automation and
  • deep artificial minds.

..Which is why it may not be an accident that one of the biggest hit songs today is “Shallow,” from the movie “A Star Is Born.” The main refrain, sung by Lady Gaga and Bradley Cooper, is: “I’m off the deep end, watch as I dive in. … We’re far from the shallow now.”

.. We sure are. But the lifeguard is still on the beach and — here’s what’s really scary — he doesn’t know how to swim! More about that later. For now, how did we get so deep down where the sharks live?

The short answer: Technology moves up in steps, and each step, each new platform, is usually biased toward a new set of capabilities. Around the year 2000 we took a huge step up that was biased toward connectivity, because of the explosion of fiber-optic cable, wireless and satellites.

Suddenly connectivity became so fast, cheap, easy for you and ubiquitous that it felt like you could touch someone whom you could never touch before and that you could be touched by someone who could never touch you before.

Around 2007, we took another big step up. The iPhone, sensors, digitization, big data, the internet of things, artificial intelligence and cloud computing melded together and created a new platform that was biased toward abstracting complexity at a speed, scope and scale we’d never experienced before.

So many complex things became simplified. Complexity became so fast, free, easy to use and invisible that soon with one touch on Uber’s app you could page a taxi, direct a taxi, pay a taxi, rate a taxi driver and be rated by a taxi driver.

Your Loyalties Are Your Life

In 1900, there were two great philosophers working side by side at Harvard, William James and Josiah Royce. James was from an eminent Boston family and had all the grace, brilliance and sophistication that his class aspired to. Royce, as the historian Allen Guelzo points out, was the first major American philosopher born west of the Mississippi. His parents were Forty-Niners who moved to California but failed to find gold. He grew up in squalor, was stocky, lonely and probably knew more about despair and the brooding shadows that can come in life.

James and Royce admired and learned from each other, but their philosophies were different, too. James was pragmatic and tough-minded, looking for empirical truth. Royce was more idealistic and tender-minded, more spiritual and abstract.

They differed on the individual’s role in society. As David Lamberth of Harvard notes, James’s emphasis was on tolerance. We live in a pluralistic society and we each know only a fragment of the truth. People should give one another enough social space so they can be themselves. For Royce the good life meant tightly binding yourself to others — giving yourself away with others for the sake of a noble cause. Tolerance is not enough.

James’s influence is now enormous — deservedly so. Royce is almost entirely forgotten. And yet I would say that Royce is the philosopher we need today. In an age of division, fragmentation and isolation, Royce is the philosopher we don’t know we have. He is the philosopher of binding and connection.

Royce argued that meaningful lives are marked, above all, by loyalty. Out on the frontier, he had seen the chaos and anarchy that ensues when it’s every man for himself, when society is just a bunch of individuals searching for gain. He concluded that people make themselves miserable when they pursue nothing more than their “fleeting, capricious and insatiable” desires.

So for him the good human life meant loyalty, “the willing and practical and thoroughgoing devotion of a person to a cause.”

A person doesn’t have to invent a cause, or find it deep within herself. You are born into a world of causes, which existed before you were born and will be there after you die. You just have to become gripped by one, to give yourself away to it realizing that the cause is more important than your individual pleasure or pain.

You’re never going to find a cause if you are working in a bland office; you have to go out to where the problems are. Loyalty is not just emotion. It is action.

“The loyal man serves. That is, he does not merely follow his own impulses. He looks to his cause for guidance. This cause tells him what to do,” Royce wrote in “The Philosophy of Loyalty.”

In such a community, people submit themselves to their institution, say to a university. They discover how good it is by serving it, and they allow themselves to be formed by it. According to Royce, communities find their voice when they own their own betrayals; evil exists so we can struggle to overcome it.

Royce took his philosophy one more crucial step: Though we have our different communities, underneath there is an absolute unity to life. He believed that all separate individuals and all separate loyalties are mere fragments of a spiritual unity — an Absolute Knower, a moral truth.

That sense of an ultimate unity at the end things, shines back on us, because it means all our diverse loyalties are actually parts of the same loyalty. We all, he wrote, “seek a city out of sight.” This sense of ultimate unity, of human brotherhood and sisterhood, is what is missing in a lot of the current pessimism and divisiveness.

Royce’s philosophy is helpful with the problem we have today. How does the individual fit into the community and how does each community fit into the whole? He offered a shift in perspective. When evaluating your life, don’t ask, “How happy am I?” Ask, “How loyal am I, and to what?

A Weak Attack on William Barr’s Nomination to Be Attorney General

Finally, adopting a hysterical tone, Hemel and Posner write:

Remember when President Trump demanded “loyalty” from [former FBI director James] Comey? If Mr. Barr is confirmed as attorney general, it looks as though the president will get what he wanted. “He alone is the Executive branch,” Mr. Barr wrote of the president. The attorney general and the Justice Department lawyers “who exercise prosecutorial discretion on his behalf” are “merely ‘his hand.’” These bizarre statements are not those of a lawyer but of a courtier.

Actually, far from “bizarre statements,” Barr’s assertions reflect the views of the late, great Justice Antonin Scalia in his much-admired dissent in Morrison v. Olson (1988). The Constitution says, “The executive Power shall be vested in a President of the United States.” As Justice Scalia memorably explained, “this does not mean some of the executive power, but all of the executive power.” Such estimable scholars as Hemel and Posner must know that Barr — far from sending a signal about “loyalty,” which former director Comey alleges President Trump demanded of him — was merely articulating the “unitary executive” theory. That theory, rooted in constitutional law, holds that Article II vests all executive power in a single official, the president; therefore, subordinates appointed to wield executive power, including government lawyers exercising prosecutorial discretion, do so as delegates of the chief executive. That, indeed, is why all executive officers serve at the pleasure of the president, who does not need a reason to dismiss them.

The professors and the Times may not like the unitary executive — most progressives do not, at least when the White House is not occupied by a Democrat. But it is beneath Hemel and Posner to pretend that the articulation of a venerable legal theory, advanced by a lawyer who is widely acclaimed to be exceptional and with whom the president was not acquainted until recently, is the flattery of a “courtier.”