Mueller Is Trumping Congress

Special prosecutors corrupt; independent counsels corrupt absolutely.

The main headlines of the past week—Is Donald Trump attempting to undermine Mr. Mueller? Will Trump Fire Mueller?—all speak to the challenge a special prosecutor poses to the constitutional authority of the president.

Far less scrutiny has been devoted to the challenge Mr. Mueller poses to the authority of the legislative branch. In this case, ironically, the challenge stems less from the aggressiveness of the special prosecutor than from the meekness of Congress. In between their public tributes to Mr. Mueller’s sterling character, too many in Congress seem to worry more about how they might be affecting his investigation than about what his investigation might be doing to theirs.

.. Mr. Mueller, an unelected appointee, had the Trump memos written by former FBI Director James Comey even as the FBI was refusing to release them to the elected representatives of the American people.

.. Here a May 2017 review from the Congressional Research Service is illuminating. Although witnesses before a congressional committee do have the right to invoke the Fifth Amendment, the House can get a court order directing the witness to testify so long as the threat of prosecution for that testimony is removed. Mr. Mueller might not like this, but that shouldn’t stop Congress from using a power designed to extract information rather than punish.

.. Even more intriguing, sensitive or privileged client information is not exempt from congressional subpoena. This might prove especially fascinating in the case of former Trump campaign manager Paul Manafort, who has had business dealings with a pro-Russia Ukrainian political party. Ditto for Glenn Simpson, whose Fusion GPS commissioned what became the Christopher Steele Russian dossier on behalf of political clients.

.. Not to mention the many other powers of Congress, including impeachment and the purse. The point is, Congress has many ways to get to the bottom of the Russia story and hold people accountable—if it so chooses.

.. In Anderson v. Dunn (1821), the Supreme Court correctly noted that without the power to imprison those found in contempt, Congress would be “exposed to every indignity and interruption, that rudeness, caprice or even conspiracy may meditate against it.” Two centuries later, the different examples of Ms. Lerner and Mr. Mueller both point to a brand new indignity—which Congress inflicts on itself when it is too timid to assert its own powers.

Turkey President Erdoğan interrupts all domestic phone calls with prerecorded message

On the anniversary of last year’s coup attempt in Turkey, domestic phone calls on Sunday were interrupted by a prerecorded message from President Recep Tayyip Erdoğan.

The 15-second message, which played on all phone calls for 30 minutes beginning at midnight, said: “As your President, I congratulate your July 15 Democracy and National Unity Day, wish for God’ mercy on our martyrs, and health and wellbeing of our veterans.”

.. Initially thought to be a service by Turkcell —a wireless provider with ties to the government— it was later revealed to include all calls from all providers, even to the country’s emergency phone number, 112.

.. The commemoration ceremonies for the coup attempt also involved all 85,000 mosques in the country reciting Sela prayers —which was used to mobilize civilians against the army during the night of the coup attempt—and Erdoğan’s widely broadcast speech at the parliament where he promised to restore the death penalty for the putchists before a cheering audience.

Getting Radical About Inequality

I’m not in the habit of recommending left-wing French intellectuals, but I’m beginning to think that Pierre Bourdieu is helpful reading in the age of Trump. He was born in 1930, the son of a small-town postal worker. By the time he died in 2002, he had become perhaps the world’s most influential sociologist within the academy, and largely unknown outside of it.

His great subject was the struggle for power in society, especially cultural and social power.

.. A habitus is an intuitive feel for the social game. It’s the sort of thing you get inculcated with unconsciously, by growing up in a certain sort of family or by sharing a sensibility with a certain group of friends.

.. Every minute or hour, in ways we’re not even conscious of, we as individuals and members of our class are competing for dominance and respect. We seek to topple those who have higher standing than we have and we seek to wall off those who are down below. Or, we seek to take one form of capital, say linguistic ability, and convert it into another kind of capital, a good job.

.. Most groups conceal their naked power grabs under a veil of intellectual or aesthetic purity. Bourdieu used the phrase “symbolic violence” to suggest how vicious this competition can get, and he didn’t even live long enough to get a load of Twitter and other social media.

.. Different groups and individuals use different social strategies, depending on their position in the field.

People at the top, he observed, tend to adopt a reserved and understated personal style that shows they are far above the “assertive, attention-seeking strategies which expose the pretensions of the young pretenders.” People at the bottom of any field, on the other hand, don’t have a lot of accomplishment to wave about, but they can use snark and sarcasm to demonstrate the superior sensibilities.

.. Sometimes, the loser wins: If you’re setting up a fancy clothing or food shop you go down and adopt organic and peasant styles in order to establish the superior moral prestige that you can then use to make gobs of money.

.. Bourdieu helps you understand what Donald Trump is all about. Trump is not much of a policy maven, but he’s a genius at the symbolic warfare Bourdieu described. He’s a genius at upending the social rules and hierarchies that the establishment classes (of both right and left) have used to maintain dominance.

Bourdieu didn’t argue that cultural inequality creates economic inequality, but that it widens and it legitimizes it.

.. as the information economy has become more enveloping, cultural capital and economic capital have become ever more intertwined. Individuals and classes that are good at winning the cultural competitions Bourdieu described tend to dominate the places where economic opportunity is richest

.. Bourdieu reminds us that the drive to create inequality is an endemic social sin. Every hour most of us, unconsciously or not, try to win subtle status points, earn cultural affirmation, develop our tastes, promote our lifestyles and advance our class.

.. His work suggests that the responses to it are going to have to be more profound, both on a personal level — resisting the competitive, ego-driven aspects of social networking and display

A Game for Our Time

The eerily contemporary morality of HBO’s Game of Thrones

it went anti-Tolkien. Indeed, if you dared to call their creation “Tolkienesque,” the esteemed deceased English author might well rise from the grave in protest.

.. In Tolkien’s tales, magic is of paramount importance, the good is very, very good, and the evil is obvious and horrifying. Tolkien was a veteran of World War I, and he’d seen his own Mordor. The descriptions of the Black Land have eerie echoes in the blasted earth and industrial destruction in the trenches of the Western Front. In Tolkien’s time, great good faced great evil (often against seemingly overwhelming odds), and great good triumphed.

.. His work instead calls back to an earlier time, to the struggles for dynastic succession in old England. Loosely based — very loosely — on the Wars of the Roses, his books pit warring families against each other

.. This game has but one rule, “You win or you die.” The politics are gritty, good men are hard to find, and honor and virtue are often rewarded with swift death.

.. Perhaps fearing that the show would flop without a little extra help, HBO used its full premium-cable powers to lard it up with graphic sex and violence.

.. Martin’s books aren’t for the squeamish, but HBO took the lewd elements to the next level. Comedians and critics even coined a term, “sexposition,” to describe the show’s habit of using extended sex scenes as a mechanism for explaining plot points and developing characters. In family-friendly social-conservative circles, the word went out: HBO once again was using sex to sell, and Christians especially shouldn’t be buying.

.. But by the end of season six, the show was an unstoppable ratings juggernaut, watched by upwards of 25 million Americans each week. It’s arguably the most watched show on television today.

.. Season seven (out of eight) starts on July 16, and its ratings will likely surpass everything but the NFL playoffs. A true cultural moment is at hand.

.. the show’s creators have accomplished what few television or film producers have ever achieved — they have improved upon classic books and have, quite simply, mastered the art of storytelling.

.. they cast the multiple important roles perfectly, and they have shown a knack for delivering during the big moments. The plot twists, betrayals, and epic battles aren’t just watchable, they’re rewatchable. In fact, classic clips garner millions of views on YouTube as fans go relive the highlights in much the same way that Patriots fans no doubt relive the last five minutes of Tom Brady’s epic comeback in Super Bowl LI.

.. The story itself matters too, and in many ways it is the right story at the right time, holding up a mirror to modern American sensibilities and showing the consequences of modern American morality.

.. In Tolkien’s world the stakes are immense, the moral battle lines are clear, and victory actually means victory, the end of a distinct evil force. In this respect, as noted above, Tolkien was a man of his age.

.. Martin’s can feel like a treadmill of conflict where squabbling lords and ladies ignore looming threats and greater dangers for the sake of momentary advantage in a seemingly never-ending battle for control. The stakes can seem small — what’s the real difference for humanity between Lannister or Targaryen rule? — but the conflicts are still intense.

.. Whereas the typical high-fantasy novel might end after a hero defeats her enemies and frees entire cities’ worth of slaves, in Game of Thrones, Martin (and the show’s creators) ask, “What comes next?” And the answer, instead of a glorious celebration of freedom and liberty, is a period of chaos and vengeance.

.. Whereas the typical high-fantasy novel centers on the most honorable of heroes and writes him to victory against insurmountable odds, in Game of Thrones, the honorable hero loses his head unless he’s honorable and shrewd or honorable and violent.

.. Think of it as Calvinism without Christ — natural human depravity unleashed. The realities of human nature mean that evil is very, very evil, and good is also touched with the weight of sin.

.. Certain timely themes emerge, perhaps most salient among them the constant, vivid reminders that the ends do not justify the means.

.. Indeed, Martin has revealed a key truth — that pursuing virtuous ends by vicious means can so transform a person that the ends themselves change. Virtue is redefined, and ultimately virtue is lost.

.. The characters are obsessed with settling scores and vindicating their honor.

.. In fact, even the evilest of characters have their own tales of woe. They can always find a murder or a conflict or an act of defiance that justifies the next vengeful act. Just as in real life, evil has a reason for its rage.

.. While watching, one can’t help but be reminded of Christ’s admonition that even his followers should be “wise as serpents.”

.. A conservative can’t watch the show without understanding that it is, at times, almost shamelessly Burkean: Disrupt the established order at your peril.

.. several of the great houses launched a rebellion (“Robert’s Rebellion”) to depose a mad king. By any measure, it was a just war against a homicidal maniac

.. I suspect we won’t see anything like the collapse of Mount Doom in Return of the King. Maybe we’ll get justice, but it will likely be angry justice, and when the series ends, the last person on the Iron Throne will wear the crown uneasily, knowing that she (or he) left a trail of bodies on the path to power and that those souls not only cry out for vengeance but have living descendants who hear their call.

.. At issue was the question of political tactics. Did the “high road” work anymore? Don’t the nice guys always lose, and when they lose don’t the virtues they believe in ultimately lose as well?

.. an increasingly amoral society, unmoored from its traditions and full of entitled and ambitious men and women who compete for power with unrestrained viciousness. Does that sound at least vaguely familiar? Is it any wonder that Game of Thrones resonates in the modern American heart?

.. It will still have too much sex (though HBO has limited the lewdness as the series has grown more popular)

.. it will give us something else as well — a lesson that entitlement and rage have a price, and that justice gets lost when victory is the only goal. Perhaps the true rule of the game of thrones isn’t “Win or die” but rather “Win and die.” The quest for power, unmoored from virtue, is the doom of us all.