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Posts Tagged ‘Trump

waiting for Mueller – the many and varied problems for Trump

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There are undoubtedly billions of worthier subjects to focus on than Trump, but I do find it hard to look away for long from the slow-moving train wreck – and I’m still nursing my prediction that he’ll be out by year’s end. Of course I keep stumbling at obstacles, and anything that gets in the way of justice being the same for everyone seems to me an unnecessary and illegitimate obstacle. Now it’s this ridiculous notion that you shouldn’t charge a President around election time. It’s bullshit. It should be absolutely clear that you should charge any felon precisely when all is in order to charge him, no matter what time of year it is.

But that apparently isn’t how it goes in the USA, and so we have to wait for two whole months to bring charges, assuming this ‘etiquette’ is followed. And then what happens after the mid-term fall-out? Too close to Christmas?

Needless to say, I’m completely opposed to the truly criminal notion that you can’t charge a head of state while in office. Only in America is such a notion even thinkable – a testament to one of the worst political systems in the western world.

Anyway, no sense bemoaning a system that the US Congress, fourth estate and intelligentsia are too jingoistic to even be capable of examining let alone reforming. So instead I’ll focus here on the legal jeopardy Trump finds himself in from various directions, as we wait for the Mueller team to hopefully finish him off.

Firstly the Michael Cohen case. Cohen is currently out on bail awaiting sentencing on eight criminal counts he has pleaded guilty to. According to this article in The Hill, from August 21, Cohen won’t be sentenced until December 12, which seems an eternity to me. It’s expected that he’ll do a fair amount of jail time.

What has this to do with Trump? Cohen was his fixer and I’m not sure how many of the felonies he’ll be sentenced on relate to Trump or his organisation. Some reports claim that more than one felony relates to the 2016 campaign. What is clear is that Cohen seems bent on revenge for the way Trump, who never treated him particularly well in spite of his loyalty, dropped him like a hot potato shortly after Cohen’s offices and home were raided by the FBI. In pleading guilty to one charge of campaign violations relating to the Stormy Daniels payment, Cohen implicated Trump as the person who directed his activities. This should have led directly to Trump’s arrest, but for some reason this hasn’t happened. In any case it stands to reason that whatever Cohen’s sentence on this particular count, Trump’s should be greater, as the ‘Mr Big’ in this case.

Of course Trump’s legal jeopardy from the Cohen direction is probably, or hopefully, more considerable than just the Stormy matter. Cohen struck a plea deal with the SDNY, clearly in the hope of getting a lighter sentence in return for dirt on Trump, but the plea deal seems to have been minimal, most likely because the Mueller team, who are surely in close contact with SDNY, have enough dirt on Trump already (particularly from the raid on Cohen’s offices and home, conducted by the SDNY, but nothing prevents the FBI from sharing information – in fact such sharing is essential), and they don’t like working with criminals if they can help it. Still, they may call on Cohen if they need to, which all spells trouble for Trump. Meanwhile, Emily Jane Fox writes In Vanity Fair (September 11) that Cohen’s attorney is set to meet New York State tax officials who are looking into the Trump Organisation’s finances. Hopefully Cohen will have more damning stuff on that topic. I should also add that it’s this SDNY probe into Cohen that has granted immunity to the CFO of the Trump Organisation, as well as to David Pecker, chief of the National Enquirer, a gutter mag dedicated to spruiking Trump’s ‘qualities’ and to ‘catching and killing’ negative stories about him. So, more legal jeopardy there.

Secondly, on those New York State tax officials. A Washington Post article from July 20 revealed that the state’s tax agency is investigating Trump’s personal charity (sic), the Trump Foundation. New York’s embattled governor, Andrew Cuomo, who appears to have launched the investigation under pressure from constituents, has said that the probe could lead to criminal charges. Trump’s children would be involved as well as himself.

Thirdly, the tax probe comes on the heels of a civil suit, filed in June by the New York Attorney-General, claiming that Trump and three of his children ran a charity ‘engaged in persistently illegal conduct.’ The Attorney-General’s department has been considering pursuing criminal charges, but apparently there’s a race to become the next Attorney-General there, and the Democratic candidates are all promising to go after Trump if elected. They’re hoping to focus on the Emoluments Clause in the Constitution, which is altogether a good thing. Not being well up on how the US electoral system works, I’m not sure how long it will take for this all to be sorted, but it definitely looks like there will be an annihilation of Republicans in the mid-terms, and this Attorney-General race will be caught up in that. So, more trouble for Trump.

Fourthly, the next Manafort trial starts soon, and it involves Russia. Manafort is apparently trying to negotiate a plea deal as I write, one that won’t involve dumping on Trump, and won’t involve actually going through the trial process. It’s hard to imagine that happening. An article in Fortune, out yesterday (September 13) claims that a deal has more or less been struck, but it’s hard to imagine such a deal not involving Trump. This deal may be announced as early as today. Considering that the Mueller team holds all the cards – a slam-dunk set of convictions on the second trial, and the possibility of retrying the ten counts that were left undecided in the first trial, it’s hard to imagine that Mueller wouldn’t have extracted some damning evidence about Trump, the campaign, and Russian money in exchange for any deal. Maybe Trump won’t be touting Manafort as a ‘great guy’ for much longer – but on the other hand, Manafort may just be lookingfor a way to avoid the expense of a court case he can’t win, and he’s hanging out for a pardon from Trump.

And fifthly, the Mueller probe itself. I see it dividing into three parts – conspiracy, obstruction of justice, and financial crimes.

Conspiracy charges will depend on whether Trump and/or his campaign knew about the Russian interference in the 2016 elections, an interference amply documented in the two speaking indictments, in February and July of this year, which together charged 25 Russian individuals and three Russian companies with hacking of servers and hijacking of social media sites to influence the election outcome, entirely in Trump’s favour. No American citizens were charged, but other persons ‘known and unknown’ to the investigators were repeatedly mentioned. The second indictment also raised profound suspicions that the Trump campaign had knowledge of the hacking, because of certain dates matching comments at the time by Trump himself. Apart from this there is the meeting at Trump Tower on June 9 2016, which I personally think is less significant, but about which there have clearly been cover-ups and lies by the Trump campaign and administration, including by Trump himself. It has always appeared to me highly likely that Mueller has an abundance of material on this conspiracy.

On obstruction, although much of the focus here has been on the firing of James Comey for the illicit reason of trying to stop the Russia investigation, it seems clear to me that the relentless public attacks on the Mueller enquiry, the FBI and the DoJ, and the hounding of  specific officers within those departments, are all very serious cases of obstruction of justice, so flagrant and criminal in intent in fact that they should have warranted dismissal from office long ago. These are questions, of course, about the limits to free speech, but one would think that such limits would indeed apply to the Head of State when speaking of cases in which he himself is implicated. The more power you have to influence, the more responsibility you should bear in speaking of such institutions as investigating services, the judiciary and the free press, a matter which should be inscribed in law. In any case it’ll be interesting to see what the enquiry’s findings are on this topic. They should be fulsome.

On financial misdealings and any other bits and pieces of criminality that might be uncovered during the enquiry, There’s potentially a lifetime of stuff there. It’s pretty certain that Mueller has all the tax returns, and knows a thing or two about Deutsche Bank’s dodgy dealings with Trump. This is the most murky of areas, obviously, but there are outstanding financial experts on Mueller’s team who’ll be having a wonderful time joining all the dots.

So who knows when the fireworks will start, but I’ll be happy to be viewing them from a safe distance. Meanwhile I’ll try, really try, to focus on other things for a couple of months.

 

Written by stewart henderson

September 14, 2018 at 4:58 pm

Who will ultimately take responsibility for the boy-king?

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I’ve not read the book The dangerous case of Donald Trump, which seeks to highlight the POTUS’ mental health issues, because like many an ignoramus, I consider myself already an expert on these matters. The term ‘boy-king’, used by Sam Harris among others, sums up this individual quite nicely. ‘Spoilt brat’ is another term that comes to mind. It’s a term that would repay some simple analysis. Food, or a holiday, or a romantic evening, that is spoilt usually can’t be unspoiled. It’s gone, it’s done, you need to start again with another meal, another evening, another holiday. A spoilt child, unfortunately, is the same. He’s spoilt forever – that’s why early childhood is so important. I’m sure the psychologists analysing Trump have focused particularly on his childhood, as it is always key to understanding the adult, as the famous Dunedin longitudinal study and countless other studies have shown. Think also of a spectacular and tragic example – the Romanian orphans discovered after the fall of Ceausescu, not spoilt brats of course but permanently damaged by extreme neglect. And another – Masha Gessen’s  biography of Vladimir Putin provides insight into his horrifically malign personality through glimpses of a bizarre childhood in the devastated post-war city of St Petersburg.

I don’t know much about Trump’s childhood, but I imagine it to be very much like that of the proud patrician Coriolanus in one of my favourite Shakespeare plays. Coriolanus is both spoilt and il-treated by his mother, so that he struts about from the get-go with an air of privilege and power, a sense of self-importance which is completely unearned. Trump is much the same – too smart to actually learn anything, too important to need anyone’s advice. Of course, Coriolanus is a brave warrior, while Trump is a coward. And yet, in the field of business he’s also a scrapper, relishing the language of macho thuggery.

But enough of the literary guff, Trump’s less than adequate upbringing is plain to see in his solipsistic, tantrumming output. Amongst many screamingly serious red flags was his question to a military authority, ‘If we have all these nuclear weapons, why don’t we use them?’ Apparently he asked this question repeatedly. It’s a question an adolescent, or rather a pre-adolescent, might ask (most adolescents are pretty sophisticated these days). It can be interpreted two ways – he wasn’t being serious, he was just attention-seeking, or he was being serious and he genuinely couldn’t grasp the enormity of what he was saying. Both interpretations, and they could in some sense both be true, are indicative of a pre-adolescent mind-set. And by the way, so is his constant repeating of the same phrases, which reveal the lack of language skills of the pre-adolescent. And there are many other examples – the nasty name-calling, the transparency and ineptitude of his lies and attempted cover-ups, the neediness, the impulsiveness, the attention deficit, everything he says and does just about.

But here’s the problem I keep coming back to. Trump’s pre-adolescent behaviours have been on display since his pre-adolescent days, much more publicly than with your common or garden spoilt brat. So why was he ever allowed to make a tilt at what Americans would undoubtedly describe, with much reason, as the most responsible position on the face of this earth? THIS is the greatest conundrum of the Trump presidency. Americans like to argue that anybody can become President, as if that’s one of the things that makes America great. It’s a very very very very bad argument.

Another screamingly obvious point: this spoilt brat should be removed from office because, as a perpetual pre-adolescent, someone who will never become an adult, he’s totally incompetent for this position. Yes he has probably committed crimes, but that’s not why he should be removed. It’s because he’s actually just a little boy. He’s not responsible for his actions. It’s not his fault that can’t think clearly, that he’s impulsive and tunnel-visioned and profoundly insecure and pathologically self-absorbed. In fact, if he’s ever indicted, he should probably be tried as a minor, because that’s what he is. But that he is President, that will forever be America’s shame.

The famous fable of the Emperor’s new clothes comes to mind. In this variant, everybody tries to pretend they can’t see that their President is a little boy. Some of his long-time associates or playmates quite genuinely support him, are possibly quite genuinely oblivious of his profound stuntedness, perhaps because like is attracted to like. Others have found him a ‘useful idiot’ to be cynically manipulated for their own ends. Most of those opposed to him prefer to pretend he’s fully adult so that they can punish him and all his cronies to the full extent of the law. But another over-riding reason for all the pretence is that nobody around the President, or indeed in the whole country, wants to take responsibility for allowing a little boy to become their POTUS. A little boy who’d been quite clearly a little boy since he was a little boy, some sixty years ago. And it didn’t take anything like a degree in psychology to see it.

A spoilt, brattish, hurt little boy with the power of the POTUS in his hands is a very frightening thing. Bringing all this to an end isn’t going to be easy, but doing so as quickly and painlessly as possible has to be the highest priority.

And what about Pence? If Americans come to their senses and realize that all of a little boy’s political decisions, whether in office or before, should be invalidated because he’s a minor, then they’ll avoid the post-Trump disaster of President Pence. Will they do that? Very very unlikely. That would be a very adult undertaking indeed.

Written by stewart henderson

August 30, 2018 at 2:28 pm

Trump: the slo-mo train wreck is far from over – it’s likely to get much worse

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some semi-reluctant future reading – or maybe I’ll just watch the video

This morning I heard an American pundit saying Trump has got to change his approach and become more co-operative with investigating authorities, because his strategy isn’t working. Everybody is offering Trump free advice but he’s unlikely to take it because he’s Trump. People don’t change very much, they certainly don’t become completely different people, certainly not after the age of seventy. Trump has spent his life among crooked rich people, he was brought up by crooked rich people, he only admires crooked rich people, and he will die as crooked as he has lived. That’s his fate.

What pundits should really be working on, IMHO, is limiting his power and curbing his destructive tendencies. Now that the cognoscenti are coming to realise that better vetting processes should have applied to candidates for the overly-powerful position of POTUS, they should be doing their utmost to put obstacles in the way of that power (followed by root and branch reform of the entire political system once Trump is dumped). For example, putting real pressure on White House staffers, many of whom should know by now that the writing’s on the wall, to resign en masse. Or even just to suggest that they do so? Rats tend to desert a sinking ship, but perhaps not if they don’t sense any land in the offing, a safe haven to run to. So maybe it would be the most ethical thing to do, now, to entice Trump’s enablers to abandon him, not entirely without penalty, but with less penalty than if they stick with him to the end. A bit like offering limited immunity. And in the same way, the media should be onto those in Congress who are enabling Trump, or are not being sufficiently vocal in their opposition, or their position in general, to speak their minds more clearly. It’s time for more media hounding, for the sake of the beleaguered nation. Two of Trump’s most vocal supporters in Congress are now being prosecuted as swamp creatures, not surprisingly. More needs to be made of this.

I’m not talking here about ‘weaponising’ the media, or being partisan. This is clearly about corruption and the law. My own early recognition of Trump as a boorish, tasteless, noisome, proudly ignorant, self-serving buffoon had little to do with politics. I’ve learned over this year that he was a ‘lifelong Democrat’ until a few years ago. I didn’t believe it any more than I believe he’s a Republican now. He knows as much about politics, history and international affairs as he does about science. But I’ve also learned more about his inherent dishonesty and crookedness. The responsible media generally recognise this, and they should play, more openly, a heroic role in bringing him down. It wouldn’t be a partisan role, it would be about nation-building, or nation-repairing.

It’s important here not to be partisan, and that’s why it’s essential to focus on the law rather than on politics. Certainly there needs to be a political backlash against Trump, and against his Republican enablers, but I’ve already expressed my skepticism of impeachment, a political process, as a means of dismissing political leaders. All citizens should be subject to the law, regardless of position or profession. This is not to say the mid-term elections aren’t important, as the country needs more liberals and democrats in positions of authority to counter Trump’s fascistic or mafioso-style approach to government. However, the mid-term elections are over two months away, plenty of time for more damage to be done to the country’s political institutions by an increasingly desperate ‘Commander-in Chief’.

The preposterous and disgustingly juvenile, and typically American, idea that their POTUS may be above prosecution simply because he’s too important and vital to the workings of the State, needs to be punctured beyond repair. This seems to me a high-priority issue. Of course, the fact that the USA has given its POTUS too much power will make things difficult in the immediate post-Trump period, but this is a tough lesson that needs to be learned. It seems a constitutional crisis may be just what’s needed to get the nation to wake from its jingoistic slumber and start working on a better, more collegial and distributed power system than the current hero-worshipping laughing-stock it has created for itself.

So let’s go to the issue of indictment, and later we’ll go to the aftermath, which will presumably be a Pence Presidency – not a pleasant prospect, from what I’ve heard.

Unfortunately the indictment of a sitting President is regarded as a constitutional matter – unlike the indictment of any other citizen, presumably. This is a situation that should be rectified. Section 3 of Article 1 of the US Constitution puts it thus:

“Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust,or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”

Note the unclear wording here. It talks about impeachment first, which to my mind, is irrelevant. It’s the last part that is relevant, though it gets entangled with impeachment – ‘The party convicted shall nevertheless be liable to and subject to indictment’, etc. But impeachment is not about being convicted. The law convicts, surely. The Constitution was signed into law in 1787, and is a source of understandable pride to the American people, but it’s hardly to be expected that it would make everything clear and precise for the next two hundred-odd years. It looks as though indictment should follow impeachment, which is, it seems, misrepresented as ‘convicted’, but it cannot surely be the case that if the President commits what constitutes a ‘high crime or misdemeanour’ (and I really hope that term is clear in US law) he has to be impeached before being charged. That, to me, would be outrageous. It’s very obviously the wrong way round – though of course, you’d have to be sure that the Justice Department had a very sound case before proceeding – perhaps with a speaking indictment (I really like them things). And then, of course, if conviction occurs, impeachment wouldn’t be an issue. It would just be a matter of a change of residence.

It’s astounding, and frankly appalling, that some soi-disant constitutional lawyers really do argue for immunity (while in office) due to the heavy duties of the Presidency  (duties that Trump largely avoids), while other experts argue that Presidents really do have the power to pardon themselves. It’s yet another indication that Yanks, even high-powered legal eagle ones, are in thrall to the wankeries of their worst movies, featuring the vigilante superhero out to save the State from itself, with collateral damage just being part of the thrill.

Considering such jejune but baked-in attitudes about their ‘commander-in chief’, it’s unlikely that Americans will learn much from the current debacle. Still no proper vetting at the outset, still no reduction of pardoning and other powers, still no integration of the Presidency with Congress, still insufficient checks and balances, still the same childishly carnivalesque two-horse races every four years, still the same embarrassing, unreflective jingoism. And still, I find it all quite fascinating. I’m just glad I’m not actually there.

So what will happen by years’ end? Presumably impeachment proceedings, depending on the numbers in both houses – I haven’t yet read up on impeachment, what it requires and entails, and I’ll be doing that soon. But presumably impeachment isn’t easily enforceable, and Trump will ignore it and rely on his base to protect him. That’s when things will get really interesting.

Written by stewart henderson

August 27, 2018 at 1:04 pm

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Lecturing the USA: less jingoistic complacency, more scrutiny of a failing system

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While convalescing from a severe viral infection, I’ve been paying almost too much attention to MSNBC and CNN as they more or less impotently report on the brutal farce that is the Trump presidency.

In the last year or so I’ve been on a steep learning curve about the workings of the US electoral system, and its politico-economic system in general. Much of what I’ve learned has frankly appalled me. And it may take a few posts to get all of this off my chest. We’ll see.

A couple of days ago, on the Rachel Maddow show, a legal pundit and former Attorney-General David Hickton, describing a matter relating to foreign interference in the US, just happened to drop the line ‘the world’s greatest democracy’, apropos of nothing much at all. It wasn’t spoken with discernible pride or even emphasis; it was a perfunctory remark. And I’ve heard this perfunctory remark, or variations of it – ‘the leader of the free world’, ‘the greatest nation on earth’, ‘the country everyone looks to as an example’, ‘the greatest beacon of freedom’ – so often, and trotted out so mindlessly, that it occurs to me that it is probably part of an educational edict or axiom in the USA, imprinted in the first school years at age 5 or 6. Any American who applies critical thinking to this axiom places herself at extreme risk, it seems to me. But it also seems obvious to me that such application, as to the axioms of Euclid or the Catechism, will yield many positive results.

It’s hard to know where to begin with this criticism. Of course I’ve already highlighted some problems in previous posts – here, here and here. Most of this criticism has been about the structure of the US system – giving their ‘commander-in-chief’ far more power than occurs in other democracies; fatally separating parliament, or congress, from the President and his personally chosen (and also overly-powerful) staff, including such vital positions as Secretary of State, Secretary of Defense, National Security Advisor, Chief of Staff, Secretary of Homeland Security,  and the Secretary of Health and Human Services, among others. Congress has some oversight in the appointment to some of these positions, but astonishingly none of the people appointed to these high offices need to have had previous political experience, or to have been elected through any parliamentary process.

Other Presidential privileges I’ve learned about – somewhat goggle-eyed I have to say – are extensive veto and pardoning powers, power to select members of the high judiciary, and, most incredibly, the ability to turn what appears to be a Presidential whim into immediate action, as in the arbitrary imposition of tarrifs and the separation of children from parents seeking asylum on the southern border. Neither of these extraordinary and extremely problematic directives seem to have required any kind of congressional oversight whatsoever. Looking for a recipe for dictatorship anyone? Just check out the USA.

This is what the US system allows, but virtually no prominent member of the fourth estate has had anything critical to say about it. All their reporting is about the trees – their educational brainwashing from childhood apparently blinds them to a forest that was never healthy and is now dying fast.

The USA’s love of democracy means that the whole nation has significant national elections every two years, unlike in the Westminster system (approximately 3 years in Australia and New Zealand, 4 years  in Canada and 5 years in the UK). Presidential elections in particular are hyped-up affairs involving massive expenditures, and they really resemble sports tournaments, somewhat like Wimbledon, in which the contenders are eliminated one by one (often because they can’t maintain the expense of campaigning) until we have the final ding-dong battle for the top job. The two contenders get to choose their running mate – their doubles partner, so to speak – who can be as dumb and/or incompetent as you like, and who gets to be Prez if the winning contender is forced to retire or resign, or dies in office. Think of the then much-ridiculed Dan Quayle, the still-much ridiculed Sarah Palin, and the now-dreaded Mike Pence.

It’s part of the USA’s anti-collectivist, libertarian culture that they celebrate the ‘great man’ tough guy up against the forces of some evil or at least seriously flawed organisation or state (think Sylvester Stallone, Arnie Schwarzeneggear, Bruce Willis etc), and this is how they like to see their President, and seems to be why they give him such unparalleled power. It seems to me kind of juvenile, in the way of Hollywood movies. And then, having foisted so much power on him (always him, but more of that later), they then (or some of them) use this as an argument to bolster his power even further by suggesting he’s too indispensable to be charged with a crime while in office!! I’ve not yet heard from any American commentator who has recognised or highlighted the sheer absurdity of this conundrum.

Now, I recognise that the USA can compare itself favourably with other democratic nations. India and Indonesia spring to mind, as more or less fledgling democracies with massive problems of poverty, ethnic and religious tensions, as well as the ever-present lure of graft and corruption and the pressures of tribal and in-group associations. And I’m insufficiently expert in the political systems of Germany, France, Spain and most other Western European nations to make detailed comparisons, though I suspect such comparisons would be highly embarrassing to the USA. I do have a certain familiarity with the Westminster system, however, and it strikes me as superior to the US system in a number of ways. The most obvious is that there is virtually no chance that the Prime Minister can ‘go rogue’, as the swampy US President has done. The Prime Minister is primus inter pares, someone who has come up through the ranks, proven herself within the party, and sits with her party, at its head, in parliament, leading and participating with that party in debates before the House. Her principle role is to articulate the party’s agenda and policies, to deal effectively with objections and to bring those policies into law by shepherding them through the tough terrain of the House and the Senate (in the case of Australia). There’s limited opportunity for lone wolf, ‘off the cuff’ decision-making – there’s a whole crew of elected cabinet ministers tasked to deal with immigration, foreign relations, trade, education, health, infrastructure, agriculture and the like, and it would be considered scandalous if the PM made some impromptu decision over their heads (or tried to). It would be seen as arrogant and unprofessional and frankly extraordinary, not just because it breaks precedent, but more importantly, because the cult of the go-it-alone vigilante hero is not part of our society – that’s a uniquely American thing, at least in its intensity. A disciplined, collegial approach is what is expected here.

The difference is exemplified by the fact that Trump was a ‘Democrat’ a few years back and now he’s a ‘Republican’, but it should be clear to any reasoning observer that he’s neither. His interest in politics, such as it is, is only for the power, attention and money it provides him. And the US system enables this in that their President virtually never passes through the doors of their parliament, let alone works there. The ‘White House’ represents an entirely separate institution, and the importance of the more or less daily White House briefings highlights this disastrous separation and the over-emphasis placed on the heroic ‘commander-in-chief’.

Time and again I hear US pundits lauding the checks and balances which prevent their swampy president from going ‘full dictator’, but any comparison with the Westminster system will show that no leader in that system could have survived this long while attacking the law enforcement and justice systems, ridiculing basic science, supporting and praising foreign enemy states, and refusing to act on well-attested interference in the political system by those states. It’s also important to note that dumping a toxic or under-performing or unpopular leader under the Westminster system is much more easily done and far less traumatic. In fact it happens quite often between elections.

There is no such thing as impeachment in the Westminster system. It seems obvious to me that if a national leader, or any other senior cabinet minister, is charged with a crime, they should step down until a judicial decision is reached, though this may depend on the severity of the alleged crime. Impeachment, as I understand it, is a purely congressional process, and should have no place in deciding on criminal behaviour – as should be obvious. The whole business of impeachment has a political odour to it, and the Westminster system is far better without it.

There are no doubt many other problems with the US system as such, including the vetting of candidates for high office (you shouldn’t let just anyone run for President) and the rules regarding making money from the Presidency, but I want now to turn to other reasons why the US may be more likely to turn dictatorship than other western democracies.

These reasons, to some degree, go back to Plato and Aristotle, unabashed elitists who warned of demagogues and their appeal to the ‘mob’. Trump’s base consists largely of the USA’s ‘left behind’, people without tertiary education qualifications, people who are largely under-employed and underpaid, people who feel trapped and angry, people who hate the political and business elites, people with grievances they can’t readily articulate. True, there are other supporters, elitist libertarians who want more freedom from taxation, the crooked rich people who flock to Mar-a-lago and Trump Towers, etc, but they are small in number if large in ego and influence. It’s worth noting here the remarks by Tony Schwarz, author of the ‘Trump’ book The Art of the Deal, to the effect that Trump actually despises his base, whom he sees as losers. What he delights in, of course, is their fawning allegiance to him, and the way he can whip them into a fervour over practically nothing. Trump, of course, spends no time in the company of steel workers or farmers or war veterans, he far prefers the exclusive company of crooked rich people.

In most democracies the ‘working-class’, among whom I grew up, are somewhat divided in their political allegiance, torn between the promise of support for social services, infrastructure and jobs from the left and the promise from the right of crack-downs on immigration and crime, and generally macho law-and-order and nation-building issues or rhetoric. In the US we might embody these promises in people like Bernie Sanders and Alexandria Ocasio-Cortez on the one hand, or Trump or one of his many imitators on the other. But what’s interesting is that, among the elite, and the fourth estate in particular, there’s a clear bias against the kind of interventionist policies and social services that place Australia, for example, way ahead of the USA on the OECD list of best countries to live in. Too often I hear journos in the US interviewing candidates like Ocasio-Cartez and questioning them skeptically on their ‘socialist’ policies. ‘Socialism’ is quite possibly the dirtiest word in the American language, but what Americans call ‘socialist government’ is essentially what western Europeans and Australians and others call ‘government’.

It’s this bias, of course, that will forever prevent the USA from climbing further up on the OECD list. The libertarian fantasy, it needs to be asserted, is just as corrosive as the socialist fantasy. In the USA it means that the ‘left behind’, in their millions, are much more primed to look to a super-hero anti-state saviour with a slogan to make them all great, than to look to stronger regulatory models such as exist in western countries that are mere names to them. That’s why you have, at one end of the spectrum, angry, unhealthy, insular people with insufficient education  and too few prospects while at the other end you have under-regulated parasitic capitalists, investment bankers, speculators and fraudsters  – people like Manafort and Gates, the Koch brothers, Roger Stone and of course Trump himself, who happily enrich themselves while contributing zero to the common good.

In short, the problems the USA faces, post-Trump, are many-faceted and unfortunately well-entrenched. And to end on a purely selfish note, I’m just frankly glad their not my problems.

Written by stewart henderson

August 17, 2018 at 2:14 pm

the real story of American exceptionalism

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Sorry, God, I haven’t read your book but I’m sure you agree, haha

Canto: So while listening to the commentariat buzzing about the latest Trumpian debacle (you can take your pick), I’ve noticed the term ‘American exceptionalism’ being tossed about, whether in jest or earnest I’m not sure. What do you think it means?

Jacinta: Well we’ve already highlighted American jingoism, which is an across-the-spectrum problem, though more common among those who haven’t travelled much. It worries me more when I hear it from pundits who should know better, because people who think they’re exceptional tend not to be too self-critical. And Americans need to be more critical than ever, of their political system, which has brought them to this pass.

Canto: Yes, we’ve talked about this before but I recall a pundit saying, a few months ago, that America’s founding as a nation was in response to a tyrant – whom he named as the British monarch, George III – so why were they apparently descending into a tyranny now? But this wasn’t quite the story was it?

Jacinta: That’s right. The Brits had executed one of their monarchs a century and a half before the formation of the American state, precisely for being overly intransigent and tyrannical. Then a half-century later they threw out another one for similar reasons. George III was a constitutional monarch, and it was parliament that was making decisions about the American colony. Of course Britain wasn’t a fully representative democracy at the time, but then neither was the new American state – only 6% of the population was allowed to vote in their first Presidential election. It has taken centuries for western countries, including the US, to arrive at full adult suffrage. There are no exceptions in this.

Canto: There’s an article here by a presumably American professor of international relations at Harvard which punctures the American exceptionalism myth, and it says much that we already know, that powerful nations, regardless of their internal politics, are always keen to maintain and expand their sphere of power and influence, and that tends to be the basis of their foreign policy. That explains Britain’s behaviour in the ‘new world’ as much as it explains US behaviour in the Philippines and the Pacific, and in Vietnam and Iraq. The US has been expansionist since the get-go, and it shouldn’t take that much self-critical analysis to understand why so many regions of the world despise the very term “American’. This doesn’t make Americans exceptionally bad, but we should surely have reached a point in our progressive development to realise that foreign lives matter as much as those of our own nation.

Jacinta: Yet again and again, amongst even the liberal commentariat, we get comments like ‘leader of the free world’, ‘the checks and balances that make us stand apart from other nations’, ‘the nation that others look to’, ‘the world’s greatest democracy’ and other thought-free shibboleths. And now more than ever, as their nation has been brought down through allowing a clearly unqualified and inadequate boy-king to become their head of state, with powers far beyond his capacities, Americans need to take a good hard look at themselves and their political system rather than simply moaning about the boy-king and hoping that the system can withstand him. A better system would have dealt with him long before he ever got to this position.

Canto: But really, can you prove this? Can you give examples?

Jacinta: Well no system is perfect but let’s look at the recent meeting of Trump and Putin. Of course it would be silly to compare Australia with the USA in this regard – Putin would have no interest in a meeting with our PM – but any country under the Westminster system – say the UK – would have much the same checks and balances. And this is the thing – a Prime Minister under that system would see her role in very different terms, generally, from the President under the US system. She is first and foremost the leader of her party in Parliament, and is present in Parliament every day that it sits, leading the arguments and being informed, whether she likes it or not, of the dissension and divisions within her own party as well as the contrary views of the opposition. So a meeting with a major and adversarial head of state would inevitably be a matter thrashed out in Parliament, with the PM taking part in the debate. And of course, being closeted together in Parliament House with the Foreign Minister and other relevant ministers is a very different situation for the national leader than being completely separated from Congress and surrounded by mostly hand-picked underlings who are simply paid to do her (or I should now say, his) bidding. A recipe for disaster, if not dictatorship. Not to mention, as I already have elsewhere, the host of privileges and responsibilities vested in the ‘commander-in-chief’ and accorded to no other national leader in a democratic country. The fact that this sort of system is seen, by far too many Americans, as a shining example to all nations is surely proof that the US is exceptional only in its jingoism and its hubris.

Canto: Well that’s pretty strong stuff, and I’m not sure I entirely agree with you, and I’m not sure you answered my question. What’s to prevent a Trump-like figure becoming Prime Minister of Australia?

Jacinta:  I thought I’d explained. Our national elections are not fought out between Mr Conservative and Ms Liberal, one or other to be head of state. They’re fought on a mixture of local and national interests, essentially in the manner of the US mid-terms. We’re voting, essentially, for the party we want in power, as well as a local member we like (for those few who keenly follow politics) and we give due consideration to the leader of that party, always knowing that if that leader underperforms or is found to be corrupt or whatever, there are other elected representatives that can replace him, as quite often happens…

Canto: But even in Australia a situation could occur that a, shall we say unconventional, but very popular figure emerges, with a populist false-promises agenda that appeals to the masses (in a manner largely incomprehensible, if not reprehensible, to the elites), so the party – and surely it would be the Right – might batten on to her as its principle means of gaining and holding onto power – a Faustian bargain and all that – and vote her into the PM position…

Jacinta: Well everything’s possible in the worst of all possible worlds, but it’s far more unlikely. When Trump first started his bid, his candidacy was hugely unpopular within the Republican Party, so he took his message, such as it was, to the people. That’s to say, he worked out as he went along what his people lapped up most voraciously and he fed it to them. As many pundits over there are saying, he’s transformed most of the Republican party, and even more of the voters, into his lapdogs and willing enablers – ‘the party of Lincoln!’ as the Republican never-Trumpers moan. There’s really no opportunity for that to happen within the Westminster system. We have elections between two established parties, in the main, and they often have two established leaders, who owe their positions to party discipline. They’re not in a position to go rogue like Trump has done. And if one of the parties has a shiny new leader she’ll be more likely to toe the party line because she’s not yet established and because she knows the election is about far more than just her. We don’t have any simple person v person elections, except in small by-elections, and hopefully never will.

Canto: Well, I think you’re right, but it’s notable that, in all the noise from the free press from over there, there’s precious little soul-searching about the political system that has permitted someone so obviously inappropriate to hold an office that gives him so much power. Everyone knows that great power should come with great responsibility. Every sensible person in the USA is raging about Trump’s irresponsibility, but virtually nobody is raging about a political system that enables someone of his type to gain this enormous power without sufficient checking, and nobody seems to have anticipated how he could find means, in his blustering way, to extend a power that is already massive to an almost ridiculous degree.

Jacinta: So yes, that’s the real exceptionalism. The US bangs on about being the greatest democracy, but democracy by itself isn’t enough. Most people who vote – no matter what country they’re in – know precious little about how their government works, about foreign relations and trade, about history, about developments in science and technology, even about systems that protect their own welfare, so they’re susceptible to false-promising demagogues, especially if they feel they’re struggling more than they should. Concerns about democracy and demagoguery have been voiced loudly since the days of Plato and Aristotle. The US seems to have been exceptionally deaf about them. The bulwarks against demagoguery are not, as pundits keeps saying, institutions of democracy, they’re institutions of an open society. The free press is a meritocracy, owing its duty to the facts and the evidence, not to ‘the people’. The same goes for the judiciary, which owe its duty to the law and its judicious interpretation according to precedent and the given facts and evidence. The science and technology sector should be at arm’s length from the government, owing its credibility to the independent interpretation of data and confirmation of hypotheses, always subject to peer review. Now, to some extent, I’m talking about an ideal here – I’m sure no government is perfectly open in this way. But Trump has, in his blunderingly self-serving style, corrupted the free press and the judiciary in the minds of ‘his’ people, turned his nation’s formidable foes into his nation’s friends and vice versa, and made America a kind of monstrous laughing-stock worldwide. And there’s another problem – he will not give up his Presidency. He will not. And it will certainly get worse. So that’s a problem for their country’s responsible adults to deal with. I wish them well.

Written by stewart henderson

July 21, 2018 at 9:46 am

what to do with a serious problem like Trump: part two

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So what damage is Trump doing to the US political system? He sets an example of deceit, disrespect, adversarialism and other negative qualities. He highlights these sorts of qualities as a route to worldly success. He undermines all the essential institutions of western democracy, especially an independent press and judiciary. His belligerence and lack of co-operation with judicial authorities may lead to further damage, including serious civil unrest, of a kind not seen in the USA for decades, or longer. We’ll see what happens.

So that is the problem of Trump, as all reasonable people see it. Having said that, I have some optimistic and some pessimistic comments to add.

I should start with the pessimistic stuff, so that I can end on a positive note.

Trump is the proverbial bull in a china shop. What do we do when we find a bull in a china shop, blundering about, smashing up everything, just being a bull? We take steps to get him out of there, pronto. And being enlightened souls, we don’t want to punish him for being what he can’t help being. A tranquilising dart might be the best answer, though this may make him thrash about all the more, at least for a time. We try to protect the shop as best we can, knowing that some damage will be inevitable.

However, Trump is a bull with friends and enablers, some of whom see him as a mighty stallion trampling over the spoils of the undeserving, while others see him as, for various reasons, a most useful bull. Still others see him as pure entertainment. They’re prepared to fight to prevent this bull from being removed from this china shop…

That’s roughly the present situation. As I’ve stated before, Trump is no Nixon, he won’t go quietly. He would rather barricade himself in the White House than resign. He would argue that a sitting President can’t be charged, he would refuse to co-operate with impeachment proceedings, and this would create a situation far worse than a constitutional crisis.

That’s the problem, the pessimistic stuff, and frankly I’ve no idea how this will be resolved. The worst case scenario is serious civil strife, of a kind not seen on American soil since the civil war, and Trump being Trump, I honestly can’t see a best case scenario that doesn’t involve violence of some kind, hopefully only to Trump himself, so as to prise him out of office. Given that scenario, tranquilising mightn’t be such a bad idea.

With that out of the way, let’s turn to the optimistic stuff, the silver lining, the lessons learned. Clearly, post-Trump, the American political system needs some restructuring, just as a town might do after being severely damaged by an unanticipated storm, one that could always strike again.

Trump has revealed serious failings in political and judicial structures. In fact he’s been revealing them for decades, from what I’ve gathered, as he has emerged largely unscathed from a lifetime of extortion, standover tactics, unpaid debts and dishonest deals and enterprises. He has surrounded himself with similarly shady characters; fixers, mobsters, goons and corruption merchants of all stripes. His success mirrors the failures of law and order in ways that I’m not equipped to deconstruct, but it’s surely true that these are failures.

Trump’s list of dodgy deals and litigations should have excluded him from candidature for high office, but there seems to be very little vetting for the position of President, something which seems to be a matter of pride in some circles. You don’t want just anyone to become your head of state, and democracy, to give away a nasty but surely open secret, doesn’t guarantee the best leadership. That is why the separation of powers is so important.

So these are two areas that need some work, post-Trump; tighter rules and vetting for Presidential and other political candidature, and a tightening and bolstering of the separation of powers. I would also like to see white-collar crime pursued far more vigorously, but again I’m not equipped to go into detail on this. Another area of concern in the light of Trump’s assaults is the media and its protection. It would be hard to quantify the damage Trump has done in this area with his ‘fake news’ meme. Lying is, of course, not a crime, or we would all be criminals, but the massively irresponsible behaviour of a head of state who lies about virtually everything, and who regularly denigrates and abuses those who speak obvious truths to power – a major media role – shouldn’t go unpunished. The media should be given greater legal means to fight back against this denigration. Getting more into the detail – producing tax returns should be absolutely mandatory for all political candidates, with no exceptions and strictly enforced, and the ’emoluments clause’ in the constitution, an out-dated piece of verbiage describing gifts from members of the nobility, should be upgraded and strengthened to prohibit those in high office to profit directly from their position.

On the separation of powers, so regularly attacked by Trump out of wilful, self-serving interest: many are unaware that this separation serves the important purpose of limiting democracy. Limiting demagoguery in this case. Among the checks and balances which seek to defuse the danger of a directly elected President, beholden to no party or principle, are an independent judiciary, an independent fourth estate, and a system of independent or bipartisan vetting of those nominated by the President for such Level One positions as Secretary of State. This separation of powers needs to be strictly adhered to and supported by law to the extent that regular attempts to undermine this separation, as is practiced by this President, should be seen as obstructing the rule of law and dealt with severely.

There need to be other checks and balances of course – checks on the media itself and on such organisations as the Department of Justice, which according to Alan Dershowitz and others beside the President, is pursuing Trump beyond the scope of its mandate. I’m not sufficiently au fait with these checks, which should of course include defamation laws to protect public personae, to make effective comment, but the scope of the Mueller enquiry is a matter of public record. There is no doubt that the Mueller enquiry has been given wide powers, but there is also no doubt that Russian interference in the 2016 election was considerable, and the indictments of many Russian citizens and entities as a result of the probe have supported this. There is also no doubt that Trump’s businesses in recent years have been linked to Russian oligarchs, as freely admitted by Donald Trump Jr, and that Trump has been extremely reluctant to make accusations against Russia and its dictator in light of clear evidence of interference which benefitted his Presidential bid. It’s highly likely that the probe has found clear evidence of conspiracy with a foreign power during the 2016 elections, to say nothing of obstruction of justice in the ousting of James Cohen and possibly also Andrew McCabe. The constant denigration of the Department of Justice and the FBI by the current President is of course unprecedented, and will require, I think, unprecedented responses in order to preserve and reinforce the separation of powers and to ensure that lawyers, judges and law enforcement officers can do their jobs without having to face the kind of treatment meted out to them by the likes of Trump and his enablers.

So, finally, no more from me about Trump, I hope. There are threats and opportunities here. The immediate threat to civil society comes from a bull who won’t go quietly, who will be supported by some powerful allies in defying authority, with possibly disastrous immediate consequences. The opportunity, as always with disasters of this sort, is to improve the political system to ensure that this is the first and last rogue President to disgrace the White House. Good luck with all that.

Written by stewart henderson

May 7, 2018 at 11:57 am

what to do with a serious problem like Trump: part one

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When I first encountered Trump, I suppose a couple of decades ago now, I quickly felt an intense, visceral loathing and disgust. He struck me as tasteless, vulgar, ignorant, vain, an exemplar of the absence of all humane values. A boorish, blustering, bigoted, bragging blundering, bullying, bullshitting buffoon, not to put too fine a point on it. And then, when those he demeaned and belittled began acting as if they deserved it, I began to wonder – who is worthy of more contempt, Trump, or those who take him seriously for more than a second? How could anyone with an ounce of sense not see that he was a walking advertisement for abortion?

But then, when you start thinking everyone’s a fuckwit except yourself, you know something’s going wrong. Okay, you do start listening around and find that in many circles Trump’s a laughing-stock. But then he’s somehow super-rich, and people like to hob-nob and ingratiate themselves with the super-rich no matter how obnoxious and boring they are.

So why was Trump super-rich? I have to say that, having lived mostly below the poverty line in one of the world’s richest countries (that’s to say I’ve rarely come close to going hungry), I’ve never really associated with rich people, never mind the super-rich. They’re like alien beings to me. But it stands to reason that there are two types of super-rich people; those who inherited wealth, or those who gained it by their own talents and efforts – legitimate or illegitimate.

So which of these was Trump? He struck me as flamboyantly imbecilic, far removed from the Bill Gates and Steve Jobs types. And I have to say it wasn’t a burning question for me. Naturally I was far too superior to concern myself with such riff-raff, and yet…

Information fell into my lap over the years. He’d inherited oodles of wealth from his father, a ‘business tycoon’. He’d never done a day’s work, in the general sense, in his life. He’d been bankrupted many times. His net worth was anything from negative infinity to positive infinity. His principal business was real estate, which was as hazy to me as scalar field theory. But his principal interest was self-promotion, which I felt a bit more cluey about. It seemed he was little more than a ‘big noise’.

So that was it, until he began to run for President, and shocked almost all pundits, including this pseudo-pundit, by winning quite well on an electoral college basis, though losing the popular vote.

Of course during the run-up to these ludicrously long US presidential elections, especially in the final months of 2016, we were pretty well forced to learn more about Trump than many of us ever wanted to know, and it’s been an ongoing ‘reveal’ throughout the last eighteen months or so. But I return to my initial response to Trump, and my feelings of contempt, and easy superiority.

How did Trump become what he is? How did I become what I am?

How free are we to form ourselves?

I think the answer is clear, though clearer when we look at others than when we look at ourselves. We didn’t get to choose our parents, our genes or our upbringing, we didn’t get to choose or influence our experience in the womb and in our earliest formative years, which the Dunedin study, inter alia, reveals as more character-forming than any other period in our lives.

More questionably I didn’t get to choose a character that loathes someone like Trump, any more than Sean Hannity and many others got to choose a character that finds Trump appealing, refreshing and admirable, assuming that I’m reading more or less accurately Hannity’s mind.

So am I saying we’re all blameless when it comes to our flaws, and unpraiseworthy when it comes to our virtues? Further, am I saying that moral judgment is inappropriate?

I hope not. After all, humans are the most social of all creatures – vertebrate creatures at least. We’re interested in getting along, in minimising harm and maximising advantage, for us all. We shouldn’t turn a blind eye to any person, or policy, or activity, that threatens that well-being. So we should discourage, and sometimes punish behaviour that harms or demeans others, while at the same time recognising that the bully or aggressor is acting under the sway of traits she has less control over than we might think.

So we should judge behaviour as immoral when it damages others or damages the institutions or activities that tend towards the general well-being. And we should check or punish those who commit those faux pas, which we might call crimes, misdemeanours, or bad behaviour, to the extent that they understand that resistance of the general will is futile – that’s to say, that continual commission of those faux pas will be counter-productive to their own well-being.

Let me return then to the case of Trump. In watching and listening to him, I find him, as President, consistent with the person I loathed decades before, though I also realise, as I did then, that there is something unfair and slightly unseemly about my contempt, for reasons described above. Trump is the product of a background and influences which are clearly far removed from mine. I was also, like many, somewhat fascinated by him as a specimen who revealed, more effectively than most, how infinitely variable human experience and character can be.

However, though I recognise that he is what he is and can’t help but be, I’m also alert and alarmed that he is now the President of the USA – a shocking development, considering the man’s character.

For, though nobody should be blamed for his own character, there are some characters that the general society needs to be protected from, because of the damage they are capable of doing, or incapable of not doing, given certain powers and opportunities.

Trump came to his current position with a reputation which, I feel, was deserved, given everything I observed of him, and everything I learned. That reputation was one of dishonesty, self-aggrandisement, wilful ignorance and anti-intellectualism, and indifference to the feeling and suffering of others, with possibly a few exceptions, and leaving aside his children, whom he would see as extensions of himself to a large degree.

There are some characters who are so pathological, so damaging to themselves and/or others that society needs to be protected from them, unless of course their pathology can be identified, treated and cured. In the case of Trump, the terms psychopath, sociopath, malignant narcissism and narcissistic personality disorder have been given an airing. It’s surely not coincidental that these claims about Trump have been much more frequent since he has become President. His power to damage the wider society is at its zenith.

When I first heard the term narcissistic personality disorder directed at Trump, it was in a discussion with a mental health professional, early in the Presidency. That professional was critical, even angry, that the term was used to describe Trump, because, he felt, this term described a real and debilitating pathological condition which was far too serious to be used for political purposes against Trump. His words gave me pause, but now I think it’s time to look at this matter more closely.

First, before actually looking more closely at the ‘mental disability’ terms described above, I should say this. As Stormy Daniels’ impressive attorney Michael Avenatti has said, Trump’s behaviour, especially his constant self-promoting and self-protecting lies, should concern all Americans regardless of their political persuasion. Trump’s behaviour in office is essentially not a political issue, in spite of its massive political consequences. One pundit recently described Trump as a ‘lifelong Democrat’ before switching to the Republican party a few years ago. It’s my contention however that Trump was never a Democrat and has never been a Republican. He has never been interested in politics in the usual sense – that of believing in and promoting policies and practices for the most effective running of a state. He has little interest in or knowledge of political history, political philosophy or international affairs, and no knowledge whatever of science, or history in general. He doesn’t read or have anything like an enquiring mind. He has expressed very little compassion for others, except when it may benefit himself, and his concept of truth is not something that anybody seems to be capable of recognising or describing.

This description of Trump is not a political one. It’s a description which most sensible people would broadly agree with. It’s a description of a person so singularly ill-equipped to be the President of the world’s most powerful military and economy, that the question of how he came to be in that position and how he can be removed from it before further damage can be done, should be paramount.

Before I go on, I should address those outliers who say that Trump has been a successful and impressive President. They would cite the booming economy and the administration’s tax legislation, the only major piece of legislation enacted thus far. On the tax legislation, I will not consider its fairness or unfairness, or the effect it has had on the US economy. I will simply say that Trump recently claimed more or less sole responsibility for this legislation, a claim that was demonstrably false. Trump did not participate in the writing of this legislation, and he most certainly hasn’t read it. He simply presided over a Republican congressional majority responsible for its production. As to the US economy, that is a massively complex area, full of winners and losers, which, of course, I’m not competent to comment on, any more than Trump would be. Suffice to say that the reasons for an economy’s success are manifold and generally historical.

So there is a problem with Trump as President. In my next post I will go into more detail about what the problem is, and why there is no easy solution.

Written by stewart henderson

May 5, 2018 at 11:33 am