if a Democratic takeover of the House is to be avoided, the GOP desperately needs the voters who reluctantly pulled the lever for Trump only because he was not Hillary Clinton.
.. You may notice that Mrs. Clinton is not on the ballot this time. Meanwhile, in just the last few days, the president has attacked his attorney general yet again, this time for prosecuting two allegedly corrupt Republican congressmen and thus refusing to politicize the Justice Department; he has conflated himself with the country in absurdly suggesting that an anonymous derogatory op-ed by an administration official might amount to “TREASON,” such that the New York Times should “turn [the author] over to the government at once” for the sake of “National Security”
.. It’s about the Presidency, Not the President
More to the point, these derelictions — the president’s self-supplied fuel for the media narrative of an unhinged chief executive — make it politically risky for Republicans to defend the presidency by defending the president from what appears to be an unwarranted investigation.
.. To be clear, if there is probable cause to believe that Donald Trump was criminally complicit in Russia’s interference in the 2016 election, he must be investigated, and the nation must resign itself to the compromised administration that entails. But we have never been told, much less shown, that this is the case. It is supposed to be established before the investigation commences.
.. administration officials have had to go into their own pockets, paying millions in legal fees to defend themselves and comply with the special counsel’s demands
.. the signal has gone out to the meritorious people we should want to serve in future administrations: Why leave your prestigious, profitable job to serve in government and risk financial and reputational ruin?
.. 1. Rectitude
Mueller’s personal rectitude would be irrelevant. If he or you don’t think so, go ask Ken Starr. In any event, a prosecutor’s personal integrity is never dispositive when he or she commences an investigation, seeks a warrant, or tries an accused. What matters is whether the laws and rules have been satisfied.
2. Special Counsel Neither Necessary Nor Authorized for Investigation of Russia
If the president were a Democrat, it would be pointed out that to question the special counsel’s criminal investigation of the president is not to question the FBI’s counterintelligence investigation of Russia’s interference in the 2016 election. The latter is vital. No one denies that it should be aggressively pursued to its conclusion.
Moreover, if the counterintelligence investigation were incidentally to turn up concrete evidence that Donald Trump had committed a crime, no one denies that a special counsel appointment would be appropriate at that time. (Get it? Evidence of crime first, then assignment of prosecutor.) But unless and until that were to happen, a counterintelligence investigation does not need a prosecutor at all, much less a special counsel. That is why the aforementioned special-counsel regulations do not authorize an appointment for counterintelligence cases.
.. 3. Conflict of Interest
It is a condition precedent to the appointment of a special counsel that there be a conflict of interest. There is no such conflict preventing the Justice Department from investigating Russian interference in the election. If that were not obvious enough, Mueller himself has elucidated the point by transferring the two indictments he has brought against Russian operatives to Justice Department components — the “Troll Farm” case to the U.S. attorney’s office in the District of Columbia, and the hacking case to Main Justice’s National Security Division. If there were a conflict of interest, it would be inappropriate for the special counsel to make such transfers.
.. But while we’re on the subject of conflicts . . . let’s have a brief look at Mueller’s staff.
.. Of course, for the sake of his own credibility, Mueller is foolish to have stacked his staff with partisans. (Please, spare me the blather about how the Justice Department is not allowed to inquire about party affiliation when hiring. These are not obscure lawyers who applied for a job; they are well-known lawyers whom Mueller recruited into a hyperpolitical case, fully aware that they are activist Democrats.) But there is foolish, and then there is disqualifying. Being a Democrat is not disqualifying.
.. So whom does he turn around and recruit? Well, his chief deputy is Andrew Weissman, and his main legal beagle is Michael Dreeben. They were two of the top officials at the purportedly conflicted DOJ — respectively, chief of the criminal-fraud section and deputy solicitor general. Before her stint as Hillary Clinton’s lawyer, Jeannie Rhee was DOJ’s deputy assistant attorney general. She, like several other members of Mueller’s bloated staff, comes to the task of investigating the president either directly from the purportedly conflicted Justice Department or after a brief stint in private practice.
.. In any proper special-counsel investigation, it would be worth asking why, if the Justice Department is too conflicted to handle the case, its top officials are an ethical fit to staff the case. In this particular investigation, however, the actions of the Justice Department (and the FBI)
.. Weissman’s adulation of former acting attorney general Sally Yates for insubordinately defying the president on an enforcement matter, is it not worth asking why Attorney General Jeff Sessions had to recuse himself but Weissman gets to run the investigation?
.. If a Democrat were in the White House, it wouldn’t happen. Because if a Democrat were in the White House, and Weissman & Co. were Republicans transferred over from the Republican DOJ now under investigation, congressional Democrats would be screaming that there was no conflict of interest warranting the appointment of a special counsel, and that the only apparent conflict involved the prosecutors. And Republicans sages would be meekly agreeing — as would I (less meekly, I hope).
.. There is one thing and one thing alone that would justify the appointment of a special counsel: concrete evidence that Donald Trump committed a crime in connection with Russia’s election interference. So, to repeat: For precisely what federal crime is the president of the United States under investigation?
It turns out that in the tallest skyscrapers and plushest hotels of the most advanced economies, many high-profile men have been acting the part of feudal lords, demanding droit du seigneur from their vassals, the vassals in this case being their female employees and others wishing entry into their fiefdoms. Evidently there’s been a covert system of taxation on female advancement in the work world, with the unluckier among us obligated to render not just the usual fealty demanded by overweening bosses but varying degrees of sexual homage too, from ego-stroking and fluffing (which is gross enough), to being grabbed and groped, to the expectation of silence about full-on rape.
.. historians have written extensively on the importance of gossip and its venues, such as coffeehouses, in fomenting previous revolutions
.. Every revolution has its weapons of choice—once it was muskets and guillotines, this time around it’s “sharing” and media exposure. It wasn’t heads that were rolling, it was careers: contracts yanked, deals canceled, agents quitting, e-mail accounts shuttered.
.. When the Times recently compiled the names of twenty-four prominent men accused of sexual harassment, it did rather bring to mind the spectacle of heads on a pike in a public square
.. If recent events tell us anything, it’s that power is a social agreement, not a stable entity. The despots had power because they did things that were socially valued and profitable, but the terms of the agreement can shift abruptly.
.. Social upheavals like the current one—chaotic and improvised, yet destined—happen when certain echelons retract their consent to existing conditions and make new demands. Gramsci calls it “war of position.” Toppling power isn’t about storming the Bastille these days, it’s about changing the way people talk and think. If our upheavals come dressed in different garb, creating a crisis of authority for those in power is still how the world changes.
.. But speaking of unlikely agents, that one of the more significant battlefield wins recently was achieved by a former Miss America, Gretchen Carlson, is tough for those who’d prefer their feminist victories to come from women with better feminist credentials.
.. Unfortunately you won’t learn any of this from Be Fierce—you don’t get $20 million without a nondisclosure agreement.
.. It’s from Sherman we learn that Carlson secretly recorded her meetings with Ailes on her phone for a year and a half—including his remark that the two of them should have had sex long ago to resolve their differences, spoken sometime before she was fired (after an eleven-year stint as a newscaster) and sometime after she lodged complaints about the climate of sexism at Fox, for which Ailes labeled her a “man hater” and demoted her.
.. The less job security you have, the worse it is; fast food workers are especially vulnerable.
.. Women who come forward are likely to be passed over for promotions and good assignments, or find their jobs mysteriously eliminated.
.. On rare occasions when a boss-harasser is actually fired, the woman who brought him down often gets treated like a leper by his allies. The majority of those who report harassment end up in different jobs, which makes it understandable that, according to the Equal Employment Opportunity Commission, 70 percent of women who are harassed don’t report it.
.. Have a plan before you go to HR or you’ll find your options predetermined; you may have a mandatory arbitration clause in your employment contract you don’t know about
.. Trump himself boasts of barging into dressing rooms in the Miss Teen USA contest to gape at unclothed teenage girls. Upon purchasing the Miss USA franchise, he says, he “made the heels higher and the bathing suits smaller.”
.. The “idealized pedestal” Miss America gets put on is itself a form of disempowerment, Carlson eventually came to realize. True, and if you flip to your local Fox affiliate, you’ll see the same compliant femininity distilled to its purest iteration. Like beauty contestants, the women of Fox are hired on the basis of looks, then laminated into near mannequins.
.. The point is that the way Ailes expected “his” women to dress makes clear the role they were expected to play: receptacles
.. If those who signed on had difficulty speaking out about harassment in the workplace because they felt shame regarding the trade-offs they’d made—and many have said that they did—shame is what women are meant to feel in this equation.
.. The convenience of misogyny is that men are spared from hating themselves because they have women to hate instead.
.. You want to know when to tell someone to shut up and when to jump out of a moving car.
This would also involve the ability to distinguish between force and power.
.. Those who didn’t buy into it seem to have fared better. The actress Lupita Nyong’o recalled several encounters with Weinstein in an essay for The New York Times. When he trotted out his familiar moves, she refused to play the expected role: when he asked to give her a massage, she turned the tables and gave him one instead, consciously putting herself in control of the situation. When he tried taking off his pants, she walked to the door, not giving him the satisfaction of seeming intimidated. And he backed down. She seems to have understood that Weinstein may have had power over her career, but he didn’t have power over her, and making that distinction gave her more options for negotiating a bad situation.
.. Anthony Weiner has been the public face of the sexual tic for some years now: a man of demonstrable intelligence under the sway of a compulsion so intellectually disabling that after a string of previous life-wrecking exposures, he still allowed himself to be set up once again, this time by a fifteen-year-old. Anyone could have seen from ten miles away that it was a frame—anyone but Weiner, that is. (The girl later said she was trying to influence the course of the 2016 presidential election, which she probably did—James Comey reopened the investigation into Hillary Clinton’s e-mails after seizing Weiner’s computer once his new friend turned him in.)
.. feminist Dorothy Dinnerstein’s The Mermaid and the Minotaur (1976): the problem for men is that they had mothers.
.. Mother-dominated child-rearing, thought Dinnerstein, is the reason behind men’s loathing of women and everything culturally inscribed as female
.. men can’t give up ruling the world until women cease to have a monopoly on ruling childhood. To push Dinnerstein’s speculations to an even gloomier place: do mothers take out on their sons the abuses they themselves have suffered at the hands of men?
.. Online feminism is itself a playground of bullying and viperishness, most of it under the banner of rectitude.