Reflections on Impeachment, 20 Years Later

It was a tragedy for Bill Clinton, Monica Lewinsky and America. He could have averted it by apologizing.

I didn’t believe the story when I first heard it—presidents and staffers don’t carry on like that. When I came to see it was true, I was angry. I wrote angrily in these pages.

I see it all now more as a tragedy than a scandal. I am more convinced than ever that Mr. Clinton made the epic political miscalculation of the 20th century’s latter half. He had two choices when news of the affair was uncovered: tell the truth and pay the price, or lie and hope to get away with it.

If he’d told the truth, even accompanied by a moving public apology, the toll would have been enormous. He would have taken a hellacious political beating, with a steep slide in public approval and in stature. He would have been an object of loathing and ridicule—the goat in the White House, a laughingstock. Members of his party would have come down on him like a ton of bricks. Newt Gingrich and the Republicans would have gleefully rubbed his face in it every day. There would have been calls for impeachment.

It would have lasted many months. And he would have survived and his presidency continued.

Much more important—here is why it is a tragedy—it wouldn’t have dragged America through the mud. It only would have dragged him through the mud. His full admission of culpability would have averted the false testimony in a criminal investigation that became the basis for the Starr report and the two articles of impeachment the House approved.

.. The American people would’ve forgiven him for the affair. We know this because they’d already forgiven him when they first elected him. There had been credible allegations of affairs during the 1992 campaign. Voters had never thought highly of him in that area. His nickname the day he was inaugurated was “Slick Willie.”
.. If he had chosen the path of honesty, Americans wouldn’t have backed impeaching him, because they are adults and have also made mistakes and committed sins.

And we know Mr. Clinton would have been forgiven because in September 1998—after the Starr report was released, amid all the mud and lies and jokes about thongs and cigars—a Gallup poll asked, “Based on what you know at this point, do you think that Bill Clinton should or should not be impeached and removed from office?” Sixty-six percent answered “should not be.”

Bill Clinton, political genius, didn’t understand his country’s heart.

.. and the year of hell, the cultural catastrophe, followed. That’s what it was, a year in which 8-year-olds learned about oral sex from the radio on the way home from school, and 10-year-olds came to understand that important adults lie, angrily and consistently, and teenagers knew if the president can do it, I can do it. It marked the end of a certain mystique of leadership, and it damaged the mystique of American democracy. All of America’s airwaves were full of the sludge—phone sex and blue dresses. The scandal lowered everything.
.. It was a tragedy because in lying and trying to protect himself, Mr. Clinton was deciding not to protect America. And that is the unforgivable sin, that he put America through that, not what happened with Monica.
.. The Starr report ran 452 pages and contained an astonishing level of sexual detail, of prurient, gratuitous specificity. Congress could have withheld it from the public or released an expurgated version. It didn’t have to be so humiliating. But Mr. Clinton’s enemies made sure it was.
.. Almost immediately on receiving the Starr report, Congress voted to release it in full, “so that the fullest details of his sins could be made public,” as Ken Gormley writes in his comprehensive 2010 history of the scandal, “The Death of American Virtue: Clinton vs. Starr.” They put it up on the web. Its contents wound up on every screen in America, every newspaper, every television and radio.
.. Lawmakers released the videotape of Mr. Clinton’s grand-jury testimony, so everyone could see the handsome presidential liar squirm.
Mr. Starr’s staffers said they needed extremely detailed, concrete specificity to make the American people understand what happened. At the time I assumed that was true in a legal sense. Now I look back and see mere blood lust and misjudgment.

I see the desire to rub Mr. Clinton’s face in it just as he’d rubbed America’s face in it.

Top to bottom, left to right, a more dignified government, one that cared more about both America’s children and its international stature, would have shown more self-restraint and forbearance. And there might have been just a little pity for the desperate, cornered liar who’d defiled his office.

.. It wouldn’t have so ruined the life of a woman who, when her relationship with the president commenced, was only 22. She paid a steeper reputational price than anyone. Charles Rangel, at the time a senior Democratic congressman, said on television that she was a “young tramp.” The White House slimed her as a fantasist. She went into hiding, thought about suicide.And in the end, 20 years later, she put the Clintons to shame.

.. Publicly for two decades she has reacted with more style and dignity than they, said less and with less bitterness and aggression, when they were the ones with all the resources, and a press corps eager to maintain good relations with them because Hillary would surely one day be president.

Monica told her side and kept walking, and even refrained from blaming her shaming on the Clintons. Feminists abandoned and derided her. She took it all on her back and bore it away. In my book, after all this time, she deserves respect.

Sometimes America gets fevers. They don’t so much break as dissipate with time. Twenty years ago we were in a fever. Others will come. The thing to do when it happens is know it’s happening, notice when the temperature is high, and factor it in as you judge and act, realizing you’re not at your best. Twenty years ago, almost none of our leaders were.

‘How Democracies Die’ Authors Say Trump Is A Symptom Of ‘Deeper Problems’

Harvard professors Steven Levitsky and Daniel Ziblatt are experts in what makes democracies healthy — and what leads to their collapse. They warn that American democracy is in trouble.

 

.. And you note that there have been figures in American political history that could be regarded as dangerous demagogues and that they’ve been kept out of major positions of power because we’ve had gatekeepers – people who somehow controlled who got access to the top positions of power – presidential nominations, for example. You want to give us some examples of this?

LEVISKY: Sure. Henry Ford was an extremist, somebody who was actually written about favorably in “Mein Kampf.” He flirted with a presidential bid in 1923, thinking about the 1924 race, and had a lot of support, particularly in the Midwest. Huey Long obviously never had the chance to run for president. He was assassinated before that.

DAVIES: He was the governor of Louisiana, right?

LEVISKY: Governor of Louisiana, senator and a major national figure – probably rivaled really only by Roosevelt at the end of his life in terms of popularity. George Wallace in 1968, and again in 1972 before he was shot, had levels of public support and public approval that are not different – not much different from Donald Trump. So throughout the 20th century, we’ve had a number of figures who had 35, 38, 40 percent public support, who were demagogues, who didn’t have a strong commitment to democratic institutions, in some cases were quite antidemocratic, but who were kept out of mainstream politics by the parties themselves.

The parties never even came close to nominating any of these figures for president. What was different about 2016 was not that Trump was new or that he would get a lot of support but that he was nominated by major party. That’s what was new.

 

.. And so our behavior needs to be guided by informal rules, by norms. And we focus on two of them in particular – what we call mutual toleration, which is really, really fundamental in any democracy, which is simply that among the major parties, there’s an acceptance that their rivals are legitimate, that we may disagree with the other side. We may really dislike the other side. But at the end of the day, we recognize publicly – and we tell this to our followers – that the other side is equally patriotic, and that it can govern legitimately. That’s one.

The other one is what we call forbearance, which is restraint in the exercise of power. And that’s a little bit counterintuitive. We don’t usually think about forbearance in politics, but it’s absolutely central. Think about what the president can do under the Constitution. The president can pardon anybody he wants at any time. The president can pack the Supreme Court. If the president has a majority in Congress – which many presidents do – and the president doesn’t like the makeup of the Supreme Court, he could pass a law expanding the court to 11 or 13 and fill with allies – again, he needs a legislative majority – but can do it. FDR tried.

The president can, in many respects, rule by decree. If Congress is blocking his agenda, he can use a series of proclamations or executive orders to make policy at the margins of Congress. What it takes for those institutions to work properly is restraint on the part of politicians. Politicians have to underutilize their power. And most of our politicians – most of our leaders have done exactly that. That’s not written down in the Constitution.

 

.. You know, it’s interesting. I think one of the things that people say when people warn that Donald Trump or someone else could undermine American democracy and lead us to an authoritarian state is we’re different from other countries in the strength of our commitment to democratic institutions. And I’m interested to what extent you think that’s true.

 

.. The creed to which Daniel refers and the initial establishment of strong democratic norms in this country was founded in a homogeneous society, a racially and culturally homogeneous society. It was founded in an era of racial exclusion. And the challenge is that we have now become a much more ethnically, culturally diverse society, taken major steps towards racial equality, and the challenge is making those norms stick in this new context.

.. this is this great paradox – tragic paradox, really – that we recount in the book, which is that the consolidation of these norms, which we think are so important to democratic life of mutual toleration and forbearance, were re-established, really, at the price of racial exclusion. I mean, there was a way in which the end of Reconstruction – when Reconstruction was a great democratic effort and experiment – and it was a moment of democratic breakthrough for the United States where voting rights were extended to African-Americans. At the end of Reconstruction throughout the U.S. South, states implemented a variety of reforms to reduce the right to vote – essentially, to eliminate the right to vote for African-Americans. And so after the 1870s, American democracy was by no means actually really a full democracy. And we really think that American democracy came – really, it was a consolidated democracy really only after 1965.

 

.. It’s difficult to find a precise date. But we look at the 1990s and, particularly, the rise of the Gingrich Republicans. Newt Gingrich really advocated and taught his fellow Republicans how to use language that begins to sort of call into question mutual toleration, using language like betrayal and sick and pathetic and antifamily and anti-American to describe their rivals.

And Gingrich also introduced an era or helped introduce – it was not just Newt Gingrich – an era of unprecedented, at least during that period in the century, hardball politics. So you saw a couple of major government shutdowns for the first time in the 1990s and, of course, the partisan impeachment of Bill Clinton, which was one of the first major acts – I mean, that is not forbearance. That is the failure to use restraint.

 

.. DAVIES: And did Democrats react in ways that accelerated the erosion of the norms?

LEVISKY: Sure. In Congress, there was a sort of tit-for-tat escalation in which, you know, one party begins to employ the filibuster. For decades, the filibuster was a very, very little-used tool. It was almost never used. It was used, on average, one or two times per Congressional session, per Congressional period – two-year period – so once a year. And then it gradually increased in the ’70s, ’80s, ’90s.

.. It was both parties. So one party starts to play by new rules, and the other party response. So it’s a spiraling effect, an escalation in which each party became more and more obstructionist in Congress. Each party did – took additional steps either to block legislation, because it could, or to block appointments, particularly judicial appointments. You know, Harry Reid and the Democrats played a role in this in George W. Bush’s presidency – really sort of stepped up obstructionism.

 

.. So there’s this kind of spiral, you know, which is really ominous, where one side plays hardball by holding up nominations, holding up legislation in Congress, and there’s a kind of stalemate. And so the other side feels justified in using executive orders and presidential memos and so on. These also are – you know, have been utilized by Barack Obama. So there’s a way in which politicians, on both sides, are confronted with a real dilemma, which is, you know, if one side seems to be breaking the rules, and so why shouldn’t we? If we don’t, we’re kind of being the sucker here.

 

..  We think that the most egregious sort of pushing of the envelope began with Republicans, particularly in the 1990s and that the most egregious acts of hardball have taken place at the hands of Republicans. I’ll just list four –

  1. the partisan impeachment of Bill Clinton,
  2. the 2003 mid-district redistricting in Texas, which was pushed by Tom DeLay,
  3. the denial – essentially, the theft of a Supreme Court seat with the refusal to even take up the nomination of Merrick Garland in 2016 and
  4. the so-called legislative coup pulled off by the Republican-controlled legislature in North Carolina in 2016.

..  there’s two real things that Donald – President Trump has done that make us worry. One is his politicization of the rule of law or of law enforcement intelligence. And so you know, we – in a democracy, law enforcement intelligence have to be neutral. And what he has tried to do with the FBI, with the attorney general’s office is to try to turn law enforcement into a kind of shield to protect him and a weapon to go after his opponents. And this is something that authoritarians always do. They try to transform neutral institutions into their favor. And you know, he’s had some success of it. There’s been lots of resistance as well, though, from – you know, from Congress and from society and media reporting on this and so on. But this is one worrying thing.

A second worrying thing is – that you just described as well is his effort to – his continued effort to delegitimize media and the election process. So he – so one of the things that we worried about a lot in the book was the setting up – and we describe how – the process by which this happened – the setting-up of electoral commission to investigate election fraud.

A Renaissance on the Right

Liberal individualism doesn’t produce the sort of virtuous, self-restrained people that are required to sustain it.

.. But about 300 years ago something that he calls “the Miracle” happened. It was a shift in attitude. For thousands of years, societies divided people into permanent categories of race or caste. But, Goldberg writes, “the Miracle ushered in a philosophy that says each person is to be judged and respected on account of their own merits, not the class or caste of their ancestors.”

.. Tribalism was always there, lurking under the surface. It returns now as identity politics, which is reactionary reversion to the pre-modern world.

.. Identity politics warriors claim they are fighting for social justice, but really it’s just the same old thing, Goldberg argues, a mass mobilization to gain power for the tribe.

Earlier movements wanted America to live up to its ideals. Today’s identitarians doubt the liberal project itself.

.. The core problem today is not tribalism. It’s excessive individualism
Excessive individualism has left us distrustful and alone — naked Lockeans. When people are naked and alone they revert to tribe. Tribalism is the end product of excessive individualism.
.. Gratitude is too weak a glue to hold a diverse nation together. Renewal will come through the communitarians on the right and the left, who seek ways to improve relationships on a household, local and national level.

Where microaggressions really come from: A sociological account

.. We’re beginning a second transition of moral cultures. The first major transition happened in the 18th and 19th centuries when most Western societies moved away from cultures of honor (where people must earn honor and must therefore avenge insults on their own) to cultures of dignity in which people are assumed to have dignity and don’t need to earn it. They foreswear violence, turn to courts or administrative bodies to respond to major transgressions, and for minor transgressions they either ignore them or attempt to resolve them by social means. There’s no more dueling.

.. Campbell and Manning describe how this culture of dignity is now giving way to a new culture of victimhood in which people are encouraged to respond to even the slightest unintentional offense, as in an honor culture. But they must not obtain redress on their own; they must appeal for help to powerful others or administrative bodies, to whom they must make the case that they have been victimized. It is the very presence of such administrative bodies, within a culture that is highly egalitarian and diverse (i.e., many college campuses) that gives rise to intense efforts to identify oneself as a fragile and aggrieved victim.

 

.. The key idea is that the new moral culture of victimhood fosters “moral dependence” and an atrophying of the ability to handle small interpersonal matters on one’s own. At the same time that it weakens individuals, it creates a society of constant and intense moral conflict as people compete for status as victims or as defenders of victims.

 

.. We argue that the social conditions that promote complaints of oppression and victimization overlap with those that promote case-building attempts to attract third parties. When such social conditions are all present in high degrees, the result is a culture of victimhood in which individuals and groups display high sensitivity to slight, have a tendency to handle conflicts through complaints to third parties, and seek to cultivate an image of being victims who deserve assistance. [See DeScioli & Kurzban for more on the urgency of appealing to third parties] We contrast the culture of victimhood with cultures of honor and cultures of dignity.[p.695]

.. Indeed, the core of much modern activism, from protest rallies to leaflet campaigns to publicizing offenses on websites, appears to be concerned with rallying enough public support to convince authorities to act. [p.698]

 

.. A second notable feature of microaggression websites is that they do not merely call attention to a single offense, but seek to document a series of offenses that, taken together, are more severe than any individual incident. As the term “micro” implies, the slights and insults are acts that many would consider to be only minor offenses and that others might not deem offensive at all. As noted on the Oberlin Microaggressions site, for example, its purpose is to show that acts of “racist, heterosexist/ homophobic, anti-Semitic, classist, ableists, sexist/cissexist speech etc.” are “not simply isolated incidents, but rather part of structural inequalities” (Oberlin Microaggressions 2013). These sites hope to mobilize and sustain support for a moral crusade against such injustice by showing that the injustices are more severe than observers might realize.

 

.. Rather, such forms as microaggression complaints and protest demonstrations appear to flourish among the relatively educated and affluent populations of American colleges and universities

 

.. Microaggression complaints are largely about changes in stratification. They document actions said to increase the level of inequality in a social relationship – actions Black refers to as “overstratification.” Overstratification offenses occur whenever anyone rises above or falls below others in status. [Therefore…] a morality that privileges equality and condemns oppression is most likely to arise precisely in settings that already have relatively high degrees of equality

.. [In other words, as progress is made toward a more equal and humane society, it takes a smaller and smaller offense to trigger a high level of outrage. The goalposts shift, allowing participants to maintain a constant level of anger and constant level of perceived victimization.]

..  It is in egalitarian and diverse settings – such as at modern American universities – that equality and diversity are most valued, and it is in these settings that perceived offenses against these values are most deviant. [p.707]. [Again, the paradox: places that make the most progress toward equality and diversity can expect to have the “lowest bar” for what counts as an offense against equality and inclusivity. Some colleges have lowered the bar so far that an innocent question, motivated by curiosity, such as “where are you from” is now branded as an act of aggression.]

.. Honor is a kind of status attached to physical bravery and the unwillingness to be dominated by anyone. Honor in this sense is a status that depends on the evaluations of others, and members of honor societies are expected to display their bravery by engaging in violent retaliation against those who offend them (Cooney 1998:108–109; Leung and Cohen 2011). Accordingly, those who engage in such violence often say that the opinions of others left them no choice at all…. In honor cultures, it is one’s reputation that makes one honorable or not, and one must respond aggressively to insults, aggressions, and challenges or lose honor. Not to fight back is itself a kind of moral failing, such that “in honor cultures, people are shunned or criticized not for exacting vengeance but for failing to do so” 

.. Honorable people must guard their reputations, so they are highly sensitive to insult, often responding aggressively to what might seem to outsiders as minor slights (Cohen et al. 1996; Cooney 1998:115–119; Leung and Cohen 2011)… Cultures of honor tend to arise in places where legal authority is weak or nonexistent and where a reputation for toughness is perhaps the only effective deterrent against predation or attack

.. The prevailing culture in the modern West is one whose moral code is nearly the exact opposite of that of an honor culture. Rather than honor, a status based primarily on public opinion, people are said to have dignity, a kind of inherent worth that cannot be alienated by others

..  Insults might provoke offense, but they no longer have the same importance as a way of establishing or destroying a reputation for bravery. It is even commendable to have “thick skin” that allows one to shrug off slights and even serious insults, and in a dignity-based society parents might teach children some version of “sticks and stones may break my bones, but words will never hurt me” – an idea that would be alien in a culture of honor (Leung and Cohen 2011:509). People are to avoid insulting others, too, whether intentionally or not, and in general an ethic of self-restraint prevails.

.. Unlike the honorable, the dignified approve of appeals to third parties and condemn those who “take the law into their own hands.” For offenses like theft, assault, or breach of contract, people in a dignity culture will use law without shame. But in keeping with their ethic of restraint and toleration, it is not necessarily their first resort, and they might condemn many uses of the authorities as frivolous. People might even be expected to tolerate serious but accidental personal injuries…. The ideal in dignity cultures is thus to use the courts as quickly, quietly, and rarely as possible.

 

.. Public complaints that advertise or even exaggerate one’s own victimization and need for sympathy would be anathema to a person of honor – tantamount to showing that one had no honor at all. Members of a dignity culture, on the other hand, would see no shame in appealing to third parties, but they would not approve of such appeals for minor and merely verbal offenses. Instead they would likely counsel either confronting the offender directly to discuss the issue, or better yet, ignoring the remarks altogether.

 

.. But insofar as they share a social environment, the same conditions that lead the aggrieved to use a tactic against their adversaries encourage their adversaries to use that tactic as well. For instance, hate crime hoaxes do not all come from the left. [gives examples] … Naturally, whenever victimhood (or honor, or anything else) confers status, all sorts of people will want to claim it.

.. Ley notes, the response of those labeled as oppressors is frequently to “assert that they are a victim as well.” Thus, “men criticized as sexist for challenging radical feminism defend themselves as victims of reverse sexism, [and] people criticized as being unsympathetic proclaim their own history of victimization.”[p.715] [In this way, victimhood culture causes a downward spiral of competitive victimhood.

.. What we are seeing in these controversies is the clash between dignity and victimhood, much as in earlier times there was a clash between honor and dignity…. At universities and many other environments within modern America and, increasingly, other Western nations, the clash between dignity and victimhood engenders a similar kind of moral confusion

.. Add to this mix modern communication technologies that make it easy to publicize grievances, and the result, as we have seen, is the rise of a victimhood culture.