an autodidact meets a dilettante…

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Posts Tagged ‘USA

yank jingoism – why is it so?

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Patriotism is, fundamentally, a conviction that a particular country is the best in the world because you were born in it

George Bernard Shaw

I believe in American exceptionalism.

Joe Scarborough, MSNBC presenter (born in the USA)

I’ve had a gutful. I was listening to an American cable news program, which I do too often these days, and the interviewer was discussing the distinct possibility, much mooted currently, of Trump not giving up power peacefully later this year. Before asking his question, the interviewer spoke of America’s ‘unique and historic tradition of peaceful transition of power’. The word ‘unique’ jumped out of the screen and smacked me in the face like a wet kipper, and of course this piece of bullshit went unchallenged by others, either because they considered it irrelevant, or not worth correcting, or because they actually believed it, or, most likely, because it was so much a part of the ‘American exceptionalist’ blather that forms the background of political discussion there that they didn’t even notice it. Yet all they have to do is drive a little north and cross the border to find another of many such ‘unique’ nations.

I was born in the UK and have lived most of my life in Australia. I’m a humanist with no strong nationalist allegiances or convictions. Australia has a federal, Westminster-based system, and is a relatively new nation which has experienced peaceful transitions of power since it became fully independent a mere 120 years ago. The UK has experienced peaceful transitions of power since its constitutional monarchy was established after the Glorious Revolution of the 1680s, a full century before the USA achieved nationhood. I’ve already written here about the lies so many Americans tell themselves about the USA being the birthplace of modern democracy. And this is not to say that the ‘American experiment’ wasn’t one of the many important little steps taken since Magna Carta towards effective democracy, along with the aforementioned Glorious Revolution and the early parliaments under Simon de Montfort and Oliver Cromwell.

Of course there are good, balanced American historians, and the troubles now occurring there are a reminder to everyone about those excluded from political and economic power both in the USA and elsewhere, but my concern here is to get to the bottom of why so many Americans have this un-self-critical view of themselves. Is it a problem in their educational system? Is American exceptionalism drummed into their heads from the kindergarten years, as I suspect? Is this sense of American ‘specialness’ more prevalent among those who’ve never actually stepped outside of the country, as I also suspect?

Ideas about the American ‘experiment’ as something special of course abounded in the early years of the colony. Founded mostly by puritan radicals in the 17th century, it was certainly exceptionally religious, and could also be described as exceptional in other ways – in having to deal with an established and proud indigenous population, in having to bring under white, Europeanised control and cultivation an enormous area of land, and in having to devise a new polity from British and European sources. But of course I’m not talking about the ‘exceptionalism’ of the colonial experience, more or less shared by Australia, New Zealand, Canada and the South and Central American nations, I’m talking about ‘exceptional’ as in ‘better’.

It’s quite amusing to note Alexis de Tocqueville’s usage here, which seems to amount to damning with faint praise:

The position of the Americans is therefore quite exceptional, and it may be believed that no democratic people will ever be placed in a similar one. Their strictly Puritanical origin, their exclusively commercial habits, even the country they inhabit, which seems to divert their minds from the pursuit of science, literature, and the arts, the proximity of Europe, which allows them to neglect these pursuits without relapsing into barbarism, a thousand special causes, of which I have only been able to point out the most important, have singularly concurred to fix the mind of the American upon purely practical objects. His passions, his wants, his education, and everything about him seem to unite in drawing the native of the United States earthward; his religion alone bids him turn, from time to time, a transient and distracted glance to heaven. Let us cease, then, to view all democratic nations under the example of the American people.

Alexis de Tocqueville, Democracy in America, 1840

I have no great objection to American capitalism which, properly regulated, is a benefit, or should be, but many of the new nation’s apostles of liberty, such as Jefferson, were slave-owners, and the contribution of slavery to the development of the nation’s economy still receives scant recognition. And the point here is not to condemn the USA for its misdeeds – Australia doesn’t have a proud record in this regard – but to point out that the USA is no more or less liberty-loving, racist, exploitative, generous and selfish as any other Europeanised, or indeed human, nation.

But of course every nation is different, if only in degree rather than kind. Some scholars have argued that the USA is more ‘classless’ than Western European countries. That may be true, depending on your definition of class, but the country is old enough to discuss the difference between old and new money – the old Vanderbilts and Rockefellers versus modern real estate crooks and tech billionaires – and more importantly, this idea of classlessness is hard to sustain in the light of a massive rich-poor divide that makes a mockery of the American Dream. The African-American population, somewhere between 12% and 14% of the total, are statistically worse-off by every measure and by substantial margins. Again this is a problem for many other countries with ‘first-nation’ or minority cultures, but the US hasn’t found better solutions to these issues than any one else.

Freedom is of course often trumpeted as the force that propels US superiority. No country is as free as the US, so the story goes. This freedom, and distrust of government oversight and over-reach, appears to be one of the factors driving that nation’s tragic covid-19 response. I note that the New York Times has an article showing that many of the nations with female leaders (e.g. Taiwan, Germany, Denmark, New Zealand, Finland and Norway) are handling the pandemic far better than others, especially those with buffoonish and/or overly macho ‘I know best’ leaders (e.g. the USA, the UK, Brazil, Russia and Iran). We often mock male bluster, but the fact is that it can come at a great cost – and so can myths about individual freedom. I read somewhere that there were even protests in the USA against wearing masks during the ‘Spanish flu’ pandemic which killed over 50 million – ‘my freedom trumps your fear’.

As I’ve often written, we’re the most socially constructed mammals on the planet, and we owe to that social construction, first in tribes and villages, then in larger states and civilisations, our domination of that planet, for better or worse. It’s true that for most of our history, government has been too pyramidal, heavy-handed and ruthless, with most of the population consisting of landless ‘peasants’, despised and exploited by a fortunate hereditary minority of nobles, lords, daimyos, boyars, nan, seigneurs etc, and the USA, with its ‘we, the people’, played an important role in further flattening that gradually flattening pyramid of power. But there’s a real problem with the anti-government ‘freedom’ that so many Americans seem to espouse. It’s seen in the lack of a national healthcare system, the lack of a decent minimum wage, the weakness of environmental protection, the apparent lack of anything like truth in advertising, the gun craziness, and so much else. While I’ve met many a likeable American sojourning in my world, I don’t think I’ve ever met one who doesn’t ultimately complain or make mention of the ‘nanny state’ here in Australia. My guess is that they would make the same complaint in any non-American democratic country. The idea that a state would go out of its way to provide affordable housing, healthcare, education and other benefits to its citizens, and enforce particular norms, such as the driving of roadworthy vehicles, the wearing of bicycle helmets, the banning of smoking in particular areas and the like, all this seems to outrage the American sensibility. But what can you expect of a people who actually seem to believe that the right to own guns makes everybody more safe?

Of course, not all Americans are that silly, but the shifting balance between individual freedom and community responsibility (embodied in taxation, minority protections and developing provision of opportunity, inter alia) is never easy for nations to get right, and always in need of adjustment. The USA, it seems to me, is more in need of such adjustment than most advanced nations at present.

The aftermath of the Trump horrorshow, surely arriving in a few months, must be used for thoroughgoing troubleshooting and reform of a broken system. The current administration has revealed massive problems with the USA’s beloved, antiquated Constitution, and the lack of effective law around emoluments, the legal status of the President, vetting for high office, long overdue reform of the electoral college system and a host of other checks and balances, but these are essentially administrative matters. The more pressing but intractable problem is with the country’s culture. Internationally, I suspect there will have to be a lot of fence-mending and rather less breast-beating – the world really doesn’t need the ‘American leadership’ that David Frum and others seek to restore. There aren’t too many western nations seeking to emulate the American system. What they’ll be expecting is partnership, respect and forthright, humane dealing. All nations need to understand that economic and military might has nothing whatever to do with moral stature. As to how the USA deals with its many internal problems over the next few years, we’ll be watching with interest. Recycling jingoism and American exceptionalism won’t be solutions, they’re clearly tied up with the problems. The next couple of decades will be vital for the USA’s internal and international future. It might well be a bumpy ride.

Written by stewart henderson

June 16, 2020 at 4:51 pm

the US horror: the beginning of the end?

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right, and I didn’t even talk about education…

So there’s a bit of a crisis going on in the USA right now, and it may or may not be the beginning of the ‘blood in the streets’ scenario that I’ve been predicting and imagining as the end of this farcical, sad, disgusting, more or less unforgivable US Presidency.

The perennial pre-teen spoilt brat in the White Palace knows enough to know he might be nearing the end of the road, and all his crimes might be catching up on him. He has only one thing on his minuscule mind at the moment – winning an election. It’s like the scenario of an unbelievably melodramatic movie, proving that true scenarios are so often stranger than fiction.

I was never hugely engaged in US politics before the befuddled brat emerged as an unlikely candidate for one of the most responsible jobs on the planet. My thoughts then were – how can it be that such an obviously inept buffoon – a bragging, blustering blowhard incapable of ever saying, or thinking, anything remotely interesting – be permitted to be a candidate for such a position? What sort of a country…? Was this an example of American exceptionalism?

It still seems to me that the USA, not the babbling boy-bully, is to blame for this disaster, which cost lives and destroyed childhoods at the southern border, and has now wrought tragedy upon the country in the form of thousands of lost souls. Any reasonable person, examining this clown’s history, would bar him from any position of responsibility anywhere. He’s never worked for anyone in his life, and would be incapable of doing so. I’m totally convinced that if he’d ever been hired as a kitchen or factory hand – jobs that I’ve held in the past – he wouldn’t have lasted till the end of the shift.

So why did the USA commit this fatal error? Why do Americans still proudly proclaim that anyone – even a profoundly underdeveloped malignant narcissist – can become their Prez?

It seems to me that at least one of the problems, perhaps the main one, is that they’ve fallen into the too-much-democracy trap. Democracy – which a lot of Americans seem to imagine was invented in their country – is not a perfect political system. Its most significant weakness – and I’m sick of pointing it out – was described two millennia ago by the ancient, avowedly elitist Greek philosophers Plato and Aristotle. And this weakness – populism or demagoguery – was exactly what the ageing brat exploited. Most other democratic countries provide screens against direct democracies though a process either of party discipline (someone applying for high office must prove to others that she can lead a team) or work on the ground (presenting her credentials to a particular electorate, and if successful locally, working herself up from there as an independent or party member). But the current American Prez has been allowed to bypass all that, and to do absolutely nothing but talk his way into high office (with more than a little help from his Russian frenemies). Promising everything works with a lot of people. And because of this, because, as a person who has spent sixty-odd years conning people out of their money and their brains, honing that one spoilt-brat skill of pretending to know what he’s doing and what he’s talking about, of barging about like an impressive-to-some bull in a china shop, he’s taken over a whole country, probably the only democratic country he could ever have taken over. Though, to be fair, he could’ve taken over other, non-democratic countries, with even more disastrous consequences – many dictators throughout history have had personal profiles similar to his.

The USA’s appalling Presidential system, with no vetting, with its ‘superhero fixit-man’ pitted against ‘superhero fixit-man’ elections, its reliance on a vaguely-worded and widely-worshipped Constitution rather than solid, clear L-A-W, its emoluments clause without claws, its White Palace in which the boy-king is able to sit amongst his selected sycophantic courtiers, fuming and tweeting and soiling himself instead of working in the cauldron of Congress or Parliament, proving himself every working day as a team leader and an agile opponent to his no-holds-barred critics… the USA’s system is to blame for this.

It’s long been my view, shared by a few others, but not enough, that this dangerous brattish narcissist will not go quietly, and that lives will be lost, and not his own, before he’s removed. Currently his hopes of ‘legitimate’ re-election are on a downward spiral, which makes him a very dangerous beast indeed. It’s clear that he sees the current riotous situation as an opportunity to create the kind of division he sees, in his strange unclear unerringness, as being to his advantage. It’s impossible to suspend a Presidential election, all the pundits say, but it’s not impossible to try to suspend an election. This bloke has gotten away with so much wrong-doing in his life, he’s been emboldened to try anything. Whatever happens in the next few months, I have a strong feeling that ‘we ain’t seen nothin yet’. I’m just glad I’m over here.

Written by stewart henderson

May 29, 2020 at 11:35 pm

there’s no such thing as a fair election 1: the apportionment issue

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Canto: So we’ve been talking about how politics have been interacting with the Covid-19 pandemic, and came to the tentative conclusion that strong centralised governments, collaborationist and respected by their citizens, were faring better at managing the situation than right-wing quasi-dictatorial anti-government governments like Trump’s USA, Putin’s Russia and Bolsonaro’s Brazil…

Jacinta: And those three countries just happen to fill the top three places in Covid-19 cases, though to be fair, they have very large populations. Anyway, the Scandinavian countries we looked at all seemed to have coalition governments of some kind, and from our great distance we preferred to assume that they operated through some kind of more or less happy consensus – but maybe not.

Canto: So we’ve been reading David Deutsch’s book The beginning of infinity, and there’s an interesting chapter, ‘Choices’, which looks at voting systems and what we want from government…

Jacinta: Or perhaps what we need, or should expect. What is objectively best, something which Deutsch, being a progressivist optimist, believes we’re converging upon – what he calls, in the political sphere, ‘advancing from misconception to even better [i.e. less damaging] misconception’. Deutsch considers first the ‘apportionment problem’ in the USA, a problem that many electoral polities have, as they attempt to represent particular electoral regions, with their different populations, fairly within a federal electoral system. The USA, like Australia and many other countries, has a House of Representatives, to indicate the aim of representative government. There are 435 US House seats, and the Constitution requires that these seats be apportioned to the states according to their populations. For example if state x has 5% of the nation’s population, it should get 21.75 House members. This is of course impossible, so the obvious thing to do is round up to 22, right?

Canto: Obvious, maybe, but brimming with controversy, because this rounding up, or down, will affect states’ representation, often rather more than was ever suspected. Deutsch imagines a more simplified House with 10 seats, and 4 states. One state holds a little under 85% of the population, the other three have just over 5% each. Rounding will mean that the large state gets rounded down to 8 seats, the three smaller states get rounded up to 1. This means that you have to add an extra seat, but it also means that the smaller states are over-represented, population-wise, and the large state is under-represented. And if you don’t add an extra seat, and the rule is that all states must be represented, then the larger state is reduced to a grossly unrepresentative 7 seats. You could of course add two seats and allocate them to the large state, giving it 9 out of 12 seats, but that still under-represents that state’s population, while enlarging the House to a questionable degree.

Jacinta: In fact a quick calculation shows that, to provide that large state with 85% representation, while giving the other three states a seat, you’d have to add 10 more seats, but then you’d have to add more seats to make the other states more representative – unless I’m missing something, which I probably am. And so on, the point being that even with a simple model you can’t, just from a mathematical perspective, attain very precise representation.

Canto: You could, on that simple model, take a seat way from the least populated state, and give it to the most populated one, thereby keeping the state to ten seats, but having no representation at all seems grossly unfair, and in fact the US Constitution explicitly states that ‘Each State shall have at least one Representative’. The aim, of course is to have, as near as can be, the right measure of representativeness. Having no representation at all, even in one small region, contravenes the ‘no taxation without representation’ call-to-arms of the revolutionary American colonists and the founding fathers.

Jacinta: Yet all the argy-bargy that went on in the USA in the 19th century over apportionment rules and quotas – and it was often fierce – overlooked the fact that black peoples, native Americans, the poor, oh and of course women, were not entitled to be represented. As Deutsch points out, the founding fathers often bandied about the concept of the ‘will of the people’ in their work on the Constitution, but the only ‘people’ they were really talking about were the voters, a small fraction of the adult population in the early days of the nation.

Canto: Nevertheless the apportionment issue proved the bane of election after election, eminent mathematicians and the National Academy of Sciences were consulted, and various complicated solutions were mooted but none proved to everyone’s satisfaction as the system kept chopping and changing.

Jacinta: Of course this raises the question of whether majority rule is fair in any case, or whether fairness is the right criterion. We don’t decide our science or our judiciary by majority rule – and good science, at least, has nothing to do with fairness. Arguably the most significant weakness of democracy is the faith we place in it. In any case, as Deutsch reports:

… there is a mathematical discovery that has changed forever the nature of the apportionment debate: we now know that the quest for an apportionment rule that is both proportional and free from paradoxes can never succeed. Balinski and Young [presented a theorem which] proved this in 1975.

Deutsch calls this a ‘no-go theorem’, one of the first of which was proved by the Nobel Prize-winning economist Kenneth Arrow more than twenty years before. Arrow set out five basic axioms that a rule defining ‘the will of the people’ should satisfy:

Axiom 1: the rule should define a group’s preferences only in terms of the preferences of that group’s members.

Axiom 2: (the ‘no dictator’ axiom) the rule cannot designate the views of one particular person regardless of what the others want.

Axiom 3: if the members of the group are unanimous in their preference for something, then the rule must deem the group to have that preference.

These 3 axioms are expressions of the principle of representative government.

Axiom 4: If, under a given definition of ‘the preferences of the group’, the rule deems that the group has a particular preference, this remains the group’s preference if some members who previously disagreed with that preference now agree with it.

Axiom 5: If the group has some preference, and then some members change their minds about another matter, then the rule must continue to assign the original preference to the group.

These all seem like unproblematic axioms, but Arrow was able to prove that they were inconsistent, and this turns out to be problematic for social-choice theory in general, not just the apportionment issue. According to Deutsch at least, it reveals the mythical nature of ‘the will of the people’.

Canto: Did we really need to be told that? There is no ‘people’ in that sense. And I’m not talking about the Thatcherite claim that there’s no society, only individuals. I’m talking more literally, that there’s no such thing as an indivisible national entity, ‘the people’, which has made its preference known at an election.

Jacinta: Agreed, but that rhetoric is so ingrained it’s hard for people to let it go. I recall one of our prime ministerial aspirants, after losing the federal election, saying ‘graciously’ that he would bow to the ‘will of the people’ and, what’s more, ‘the people always get it right’. It was essentially meaningless, but no doubt it won him some plaudits.

Canto: In fact, voting doesn’t even reveal the will of a single person, let alone the ‘people’. A person might register a vote for person x mistakenly, or with indifference, or with great passion, or under duress etc. Multiply that by the number of voters, and you’ll learn nothing about the soi-disant will of the people.

Jacinta: Okay, we’ve talked about the problems of apportionment under the US multi-state system. Next time we’ll look at the different electoral systems, such as proportional-representation systems and plurality or ‘first past the post’ voting. Is any system more fair than another, and what exactly does ‘fair’ mean? Good government is what we want, but can this be described objectively, and can this be delivered by democracies?

Canto: Well, here’s a clue to that good government question, I think. I walk into my class and I’m faced with twenty students. If I’m asked ‘who’s the tallest person in the class?’ I can come up with an answer soon enough, even if I have to make a measurement. But if I’m asked ‘who’s the best person in the class (not the best student), I’m very likely to be lost for an answer, even if I’ve taught the class all year….

Jacinta: Interesting point, but we’re not talking about the best government. There might be a variety of good governments, and you might be able to point out a variety of students/persons in the class who’ve positively impressed you, for a variety of reasons. Good government is not one.

References

David Deutsch, The beginning of infinity, 2011

The Institutional Design of Congress

Written by stewart henderson

May 26, 2020 at 10:08 pm

the wanker in the white palace 1: my position

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I hear comments around me and read reports in the media about how and how not to deal with the wanker in the white palace. My position is straightforward, in its apparent foolishness. Responsible people shouldn’t be dealing with him, they should get rid of him. 

By this I don’t mean putting an end to his life, much as I’m in favour of euthanasia. The wanker can’t stop himself from wanking night and day – there is no free will, but that’s another story. The point is that he’s clearly incapable of holding any position of responsibility, in which he’s expected to work for the good of others. No sensible person, I would argue, disagrees with this, and a number of the USA’s top psychologists have spoken out about the wanker’s mental unfitness for the job he holds. They would also agree with one of their rank, speaking on MSNBC, that the damage which makes it impossible for him to behave like a common and garden adult occurred very early in life and is irreversible. The damage he has done to the role of US President won’t be able to be fully assessed until he’s dumped from office – which may, I believe, involve bloodshed. This wanker won’t go quietly.

So why has the wanker managed to inveigle himself into this extraordinary position, and why is he so hard to get rid of? I’ll be exploring this under two ‘headings’, the ‘American psyche’, and the current Presidential system. The two are very obviously linked.

Why ‘wanker’? Well, I’m essentially Australian (though British-born and a dual citizen), and my first reaction to this bloke after witnessing him briefly on TV years ago was the classic ‘what a wanker’ refrain. If I hadn’t heard his name before I would’ve considered this a badly done black comedy, with the lead actor spouting buffoonish imbecilities, and the other performers pretending to fawn over his oafishness, and appearing dazzled by the kitsch furnishings in ‘Trump’ tower – he trumps over everyone, getit, and yet it’s all trumpery, right?

But it’s no joke, even though it is. Even after all this time, it’s hard to take seriously – but then, I’m not a Kurd, or a Central American refugee. 

The USA is an object of mockery and opprobrium worldwide for its production and promotion of the wanker, and it thoroughly deserves to be. The wanker has trumpeted his wankerdom for the whole of his ‘adult’ life – it’s the USA’s fault that he’s been so successful, and yet even his most vociferous critics trumpet the USA as the leader of the free world, the light on the hill, Guard’s own country, the Greatest Nation on Earth, and other enlightened epithets. There is surely no nation more jingoistic, and unself-critical, than the USA, even allowing for the fallacy that all powerful states have fallen for – Egyptian, Roman, British, Soviet, Chinese and so on, – that economic and military power entail moral superiority. 

In future posts I’ll explore the flaw in the American psyche that has allowed the wanker to swank his way into and perhaps permanently corrupt the most powerful position on the planet (currently) and the many related flaws in a presidential system that fortunately has no equivalent in the so-called free world. 

 

Written by stewart henderson

February 13, 2020 at 5:37 pm

the boy in the white palace 5: empêchement? sûrement pas, and farewell

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Canto: As we ghouls await the kind of ritual massacre in the USA we’ve been primed for by watching Korean historical dramas, we of course recognise that the current laughing-stock status of that once-proud nation – admitted by a number of American analysts – is really serious stuff. However…

Jacinta: Indeed there are many howevers…

Canto: You do it it yourselves, you do, and that’s what really hurts. Take impeachment – a funny word, actually adapted from the French by the English. An empêchement, from the verb empêcher, to prevent, has in modern French a very everyday meaning, i.e. something that stops you from doing something, but it was first used by the English as a (somewhat ill-defined) politico-legal process way back in the 14th century. It remains just as ill-defined to this day, inhabiting a distinctly grey area between politics and the law. 

Jacinta: In those countries that have had the misfortune to adopt this horribly tainted and, IMHO, worthless procedure, it’s inevitably bound up with that nation’s Constitution – and considering that most national constitutions are creaky with age, impeachment suffers from the same creakiness. 

Canto: A kind of highly formalised shemozzle. It’s wholly obsolete in the UK, being surplus to requirements, and has never been a thing in Australia. For crimes, of course, we have this thing called law, and if a Prime Minister goes rogue, without quite doing anything he can be arrested for, she gets dropped as the team’s captain, and, depending on how rogue she goes, is either consigned to another place in the team or is dropped from the team altogether. Then the team selects another PM. And it’s not a particularly traumatic event, because the PM isn’t a quasi-king with his own white palace and swathe of courtiers and princeling-in-waiting. 

Jacinta: I don’t know whether there’s any point trying to convince Americans of the rottenness of GASP – the Great American System of the Presidency. I suspect they’re rather brainwashed about the beauty and perfection of it all. Rarely do I hear any American ‘expert’ speak critically about GASP, in spite of their intelligence in other areas. It’s a frog-in-the-heating-pan sort of thing.

Canto: Yes, to do away with impeachment means to do away with the super-powers of the Leader, which have actually, I think, led to the boy-king’s cult following. Do away with the superpowers, distribute the powers, thus diluted into ordinary human powers, throughout the principal players of the team, and sharpen up the laws on emoluments, campaign finances and influence peddling, and you might just start getting back to something like a real democracy.

Jacinta: This boy-king is, very obviously to all outside observers, a crime machine. The financial morass of his self-interest takes us to Russia, Turkey, Kazakhstan, Saudi Arabia, Azerbaijan, Israel, China, Indonesia and twenty-odd other countries large and small, and common garden corruption is to be found in all these dealings, because that’s all he understands, insofar as he understands anything. The cult following of his ‘base’ is all the more tragic when it’s clear that he despises them all and loves them only as dupes. He would immediately have anyone resembling these workers thrown out of his mar-a-lago shangri-la because he’s only ever comfortable with crooked rich people. But his success is, of course, the USA’s failure, and that is a vast thing. I don’t want to see the USA fail, but I would only want it to succeed from this point through a massive, soul-searching transformation. Not only of its presidential system – and I’m not sure if that system deserves to survive at all – but of its economic system and its criminal justice system. Currently, the USA is a global disgrace and deserves to be. And it will get worse – which will perhaps be a blessing in disguise. It may have to get worse for the transformation to be as fulsome as it needs to be. That, I think, is why we’re watching with such gruesome attentiveness. But I’m not confident that too many lessons will have been learned when we examine political America in five years’ time. The country won’t ‘come together’. It won’t start to rank higher on the Better Life Index. The third world poverty, disadvantage and despair in vast regions of the country won’t be alleviated, and it will continue to call itself the greatest nation on Earth, the leader of the free world, home of the brave and other nationalistic twaddle. And it will continue to be at war with itself while it bullies other nations, as powerful nations inevitably do.

Canto: Yes, we’re getting tired of watching, and maybe we should turn to other things, more positive stuff like science and solutions, heros and sheros, nice, positive go-getters who strive to make the world better and shame us, in the best possible way, with their energetic example. Adios little boy-king, may you finally get what you deserve, and may a chastened nation get out from under…

Written by stewart henderson

November 11, 2019 at 12:20 pm

Lessons from the Trump travesty?

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Consider this passage from The moral landscape, by Sam Harris:

As we better understand the brain, we will increasingly understand all of the forces – kindness, reciprocity, trust, openness to argument, respect for evidence, intuitions of fairness, impulse control, the mitigation of aggression, etc – that allow friends and strangers to collaborate successfully on the common projects of civilisation…

These are indeed, and surely, the forces, or traits, we should want in order to have the best social lives. And they involve a richly interactive relationship between the social milieu – the village, the tribe, the family, the state – and the individual brain, or person. They are also, IMHO, the sorts of traits we would hope to find in our best people – for example, our political leaders, regardless of which political faction they represent.

Now consider those traits in respect of one Donald Trump. It should be obvious to any reasoning observer that he is deficient in all of them. And I mean deficient to a jaw-dropping, head-scratching degree. So there are two questions worth posing here.

  1. How could a person, so obviously deficient in all of the traits we would consider vital to the project of civilisation, have been created in a country that prides itself on being a leader of the free, democratic, civilised world?
  2. How could such a person rise to become the President of that country – which, whether or not you agree with its self-description of its own moral worth, is undoubtedly the world’s most economically and militarily powerful nation, and a world-wide promoter of democracy (in theory if not always in practice)?

I feel for Harris, whose book was published in 2010, well before anyone really had an inkling of what was to come. In The moral landscape he argues for objective moral values, or moral realism, but you don’t have to agree with his general philosophical position to acknowledge that the advancement of civilisation is largely dependent on the above-quoted traits. But of course, not everyone acknowledges this, or has ever given a thought to the matter. It’s probably true that most people, in the USA and elsewhere, don’t give a tinker’s cuss about the advancement of civilisation.

So the general answer to question one is easy enough, even if the answer in any particular case requires detailed knowledge. I don’t have such knowledge of the family background, childhood and even pre-natal influences that formed Trump’s profoundly problematic character, but reasonable inferences can be made, I think. For example, one of Trump’s most obvious traits is his complete disregard for the truth. To give one trivial example among thousands, he recently described Meghan Markle, now the Duchess of Sussex, as ‘nasty’, in a televised interview. In another televised interview, very shortly afterwards, he denied saying what he was clearly recorded as saying. This regular pattern of bare-faced lying, without any concern about being found out, confronted by his behaviour, or suffering consequences, says something. It says that he has rarely if ever been ‘corrected’ for breaking this commandment, and, very likely, has been rewarded for it from earliest childhood – this reward being likely in the form of amusement, acclamation, and encouragement in this practice. Since, as we know, Trump was a millionaire before he was old enough to pronounce the word, the son of a self-possessed, single-minded property shark, who bestowed on the child a thousand indications of his own importance, it’s more than likely that he grew up in a bubble-world in which self-interest and duplicity were constantly encouraged and rewarded, a world of extreme materialism, devoid of any intellectual stimulation. This is the classic ‘spoilt child’ I’ve already referred to. Often, when a child like this has to stand up on his own feet, his penchant for lying, his contempt for the law and his endless attention-seeking will get him into legal trouble, but Trump appears to have stayed under the wing of his father for much longer than average. His father bailed him out time and time again when he engaged in dumb business deals, until he learned a little more of the slyness of white-collar crime (including learning how to steal from his father). His father’s cronies in the crooked business and legal world would also have taught him much.

Trump is surely a clear-cut case of stunted moral development, the darling child who was encouraged, either directly or though observation of the perverse world of white-collar crime that surrounded him, to listen to no advice but his own, to have devotees rather than friends, and to study and master every possible form of exploitation available to him. Over time, he also realised that his habit of self-aggrandisement could be turned to advantage, and that it would continue to win people, in ever greater numbers, if effectively directed. Very little of this, of course, was the result of what psychologists describe as system 2 thinking – and it would be fascinating to study Trump’s brain for signs of activity in the prefrontal cortex – it was more about highly developed intuitions about what he could get away with, and who he could impress with his bluster.

Now, I admit, all of this is somewhat speculative. Given Trump’s current fame, there will doubtless be detailed biographies written about his childhood and formative years, if they haven’t been written already. My point here is that, given the environment of absurd and dodgy wealth to be found in small pockets of US society, and given the ‘greed is good’ mantra that many Americans (and of course non-Americans) swallow like the proverbial kool-aid, it isn’t so surprising that white-collar crime isn’t dealt with remotely adequately, and that characters like Trump dot the landscape, like pus-oozing pimples on human skin. In fact there are plenty of people, rich and poor alike, who would argue that tax evasion shouldn’t even be a crime… while also arguing that the USA, unlike every other western democracy, can’t afford universal medicare.

So that’s a rough-and-ready answer to question one. Question two has actually been addressed in a number of previous posts, but I’ll address it a little differently here.

The USA is, I think, overly obsessed with the individual. It’s a hotbed of libertarianism, an ideology entirely based on the myth of individualism and ‘individual freedom’, and it’s no surprise that Superman, Batman and most other super-heroes were American products. It’s probable that a sizeable section of Trump’s base see him in ‘superhero’ terms, someone not cut in the mould of Washington politicians, someone larger than life, someone almost from outer space in that he talks and acts differently from normal human beings let alone politicians. This makes him exciting and enlivening – like a comic book. And they’re happy to go along for the ride regardless of whether their lives are improved.

I must admit, though, that I’m mystified when I hear Trump supporters still saying ‘he’s done so much for our country’, when it’s fairly clear to me that, apart from cruelly mistreating asylum-seekers, he’s done little other than tweet insults and inanities and cheat at golf. The massive neglect of every aspect of federal government under his ‘watch’ will take decades to repair, and the question of whether the USA will ever recover from the tragi-comedy of this presidency is hard to answer.

But as to how Trump was ever allowed to become President, it’s all about a dangerously flawed political system, one that has too few safeguards against the simplistic populism that the ancient Greek philosophers railed against 2500 years ago. Unabashed elitists, they were deeply concerned that ‘the mob’ would be persuaded by a charismatic blowhard who promised everything and delivered nothing – or, worse than nothing, disaster. They were concerned because they witnessed it in their lifetime.

The USA today is sadly lacking in those safeguards. It probably thought the safeguards were adequate, until Trump came along. For example, it was expected – among gentlemen, so to speak – that successful candidates would present their tax returns, refuse to turn the Presidency to their own profit, support their own intelligence services and justice department, treat long-time allies as allies and long-time adversaries as adversaries, and, in short, display at least some of the qualities I’ve quoted from Harris at the top of this post.

The safeguards, however, need to go much further than this, IMHO. The power of the Presidency needs to be sharply curtailed. A more distributed, collaborative and accountable system needs to be developed, a team-based system (having far more women in leadership positions would help with this), not a system which separates the President/King and his courtiers/administration from congress/parliament. Pardoning powers, veto powers, special executive powers, power to select unelected officials to high office, power to appoint people to the judiciary – all of these need to be reined in drastically.

Of course, none of this is likely to happen in the near future – and I still believe blood will flow before Trump is heaved out of office. But I do hope that the silver lining to the cloud of this presidency is that, in the long term, a less partisan, less individual-based federal system will be the outcome of this Dark Age.

Written by stewart henderson

June 14, 2019 at 5:00 pm

situation USA 3: the right i word

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Nancy Pelosi – trying to make the best of a bad system

I’ve been saying from the start that impeachment – thankfully not a part of the Westminster system – is a hopelessly politicised process, and that someone like Trump should be dealt with by straightforward, clear-cut law. Unfortunately, when it comes to white-collar crime – which is far from being victimless – the USA doesn’t set a great example. Though of course it’s not the only democratic nation to fail in this regard. However, Trump has pushed white-collar crime about as far as it can go without consequences. Just about all he has going for him presently is Presidential immunity. That’s why his principal aim right now is to extend that present as far into the future as possible, and that’s why I’m predicting that things will get worse. He won’t give up the presidency without a very ugly fight.

Nancy Pelosi has been in a friendly-fire fight with Jerry Nadler over the right i word. She says it’s imprisonment, and of course I agree with her. The USA needs to create clear law wiping out presidential immunity ASAP if it’s to regain the respect of the international community, but of course this won’t be possible until 2021. In the meantime, the House should continue to build its case against Trump, just as law officials are doing outside of Congress.

CNN ‘Editor-at-large’ (what does that mean? Editor who should be in prison?) Chris Cillizza has written a strange and quite silly piece, saying Trump’s imprisonment is ‘not likely’. His first point is that Pelosi, by bringing up the right i word, is trying to show Nadler and others that, by opposing the rush to impeachment, she’s not being soft, but realistic. It’s indeed an incredible thing that the Senate Republicans are largely choosing to stand by their flim-flam man, but it’s a fact, and proof of the tainted, politicised process that impeachment is. But Cillizza then describes this word as a ‘rhetorical grenade’. Rubbish, I say. The fact that Trump is still President-at-large is a disgrace. For a start, he’s not an ‘unindicted co-conspirator’ in the SDNY case which saw his fixer plead guilty on two felony counts. I realise this a term of legal art, but it completely misrepresents the situation, in which Trump was the boss and Cohen merely the gofer. And of course the campaign violation stuff is just the tip of the iceberg.

Cillizza then instructs his readers with this gem of wisdom:

Remember that impeachment and indictment are two very different things. The first is a political process, the second is a legal one.

Wow. Is he addressing 10 year-olds or is he one himself? Anyway, he goes on rather long-windedly to point out that impeachment won’t work due to the GOP Senate majority and the two thirds rule. I’d be even more brief. Impeachment is gobshite. Only in America (ok – also in South Korea, Taiwan, Brazil and any other country fool enough to follow the US system).

Cillizza goes on to ‘examine’ the possibility of imprisonment. It’s more of a glossing over, however, than an examination. The Mueller Report itself evaluates ten cases of obstruction of justice, some of which are strong enough to have over 700 federal prosecutors (as of a month ago – the number keeps rising) sign a letter baldly stating that Trump would face ‘multiple felony charges’ on obstruction alone if he was not President. What this says about the totally stuffed federal political system of the USA should indeed be clear to any wide-awake 10 year-old. Then there are the 16 or so criminal probes involving Trump, his foundation, his taxes, his inauguration, his emoluments violations, his anti-immigration horrors (his worst crimes while in office), his links with Russia and the Middle East, the Deutsche Bank money laundering scandals etc etc. It’s abundantly clear that Trump is a pre-teen spoilt brat turned career criminal – because, given his background, he couldn’t succeed at anything else. But a spoilt child, like a spoilt dinner, doesn’t spoil itself. It’s spoilt by its ‘makers’, and I’m not talking about gods. I’m talking about parents and environment and other early influences. So Trump isn’t to blame for becoming the US President, and making the US Presidency the object of global scorn and opprobrium. The fault lies with the US political system itself. The USA allowed this fainéant to become its President (not forgetting Russia’s sly assistance), because it takes pride in allowing anyone to become President. No screening for party allegiance, no screening for legal or political or historical literacy, no screening for business integrity or acumen, no screening for any kind of competence whatsoever. And instead of assuring the world – noting that we’re talking of the world’s most powerful nation, economically and militarily – that with great power comes great responsibility – it teaches us that, in the US at least, with great power comes great immunity.

But let’s get back to Cillizza’s piece. Here are his concluding remarks.

To be clear: Neither impeachment nor arrest is a sure thing. In fact, neither are even long shots. We are deliberating between something that is very, very, very, very unlikely to happen and something that is very, very, very, very, very unlikely to happen. But between impeachment and imprisonment, the former is the far more viable option. No matter what Pelosi wants.

As I’ve made clear, I have no interest in impeachment, but Cillizza is arguing – or, rather, stating, that imprisonment is a virtual impossibility for this career criminal, in spite of all the evidence piling up against him – which will always amount to a mere fraction of his wrong-doing. And yet, my impression is that Cillizza’s as jingoistic about ‘the leader of the free world’ and ‘the light on the hill’ as most Americans. The proverbial frog in the slowly boiling water comes to mind. If Trump escapes imprisonment, then surely that frog is doomed.

References

https://edition.cnn.com/2019/06/06/politics/nancy-pelosi-trump-prison/index.html

https://www.washingtonpost.com/powerpost/pelosi-tells-colleagues-she-wants-to-see-trump-in-prison-not-impeached/2019/06/06/afaf004a-8856-11e9-a491-25df61c78dc4_story.html?utm_term=.4907d39b22c7

https://www.wired.com/story/trumps-world-faces-16-known-criminal-probes/

View at Medium.com

Written by stewart henderson

June 9, 2019 at 3:33 pm

situation USA 2 – very likely, the worst is yet to come

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The USA, over the past two and a half years, has been the object of a global ridicule and opprobrium never experienced before in its history, and it’s largely deserved. And the reason lies in a flaw in democracy pointed out by Greek philosophers, unabashed anti-democratic elitists, some 2500 years ago. Their concern was that the people could be too easily swayed by populist demagogues, individuals who, either through self-delusion or basic deceit, promised everything and delivered nothing, or worse.

There’s a famous quote, attributed to Churchill, that democracy ‘is the worst system of government, apart from all the others’. That description should be taken seriously. There’s no perfect system of government, in fact far from it. And democracy, in its purest form, is never practised anywhere. I’ve heard it said that a free press and an independent judiciary are two of the ‘pillars of democracy’. This is false. They’re in fact bulwarks against democracy. Both of these institutions are elite meritocracies. Another essential bulwark against democracy is an independent science and technology sector. If we based our acceptance of science on popular vote, we’d almost certainly still be living in caves, subsisting on the most basic requirements for survival. So let’s not worship democracy, but nor should we throw it out with the bathwater.

Democracy’s biggest saving grace is that it is inclusive. Everybody gets to have a say. One possible vote for each adult – assuming there’s no corruption of the process. In this respect, if nothing else, everybody is equal. Yet we know that no two people reflect in an ‘equal’ way, whatever that means, before casting their vote. Some are massively invested in voting, others barely at all, and their investments go in innumerable directions. Some of those directions never change, others zig-zag all over the place. And history shows, as the Greek philosophers knew well, that a licence to vote doesn’t turn anyone into a discerning voter.

The USA, it seems to me, suffers from two problems – too much democracy on the one hand, and too great a concentration of power on the other. They say that in the USA, anyone can become President. This is something Americans like to brag about. It’s not true of course, but even if it were, it wouldn’t be a positive. There appears to be no screening for such candidature. Some Americans are calling for extreme vetting of immigrants, but nobody appears to be calling for the same for Presidential candidates. You might argue that the same goes under the Westminster system of democracy, but in fact there is such a system, albeit informal, for attaining the position of Prime Minister. She must first gain the approval of her party, her team (and she can be dumped by that team at any time). In the 2016 US election, the candidate Trump by-passed the party he claimed to be a member of, and appealed entirely to the people, with a wide range of vague promises and claims about his own brilliance and effectiveness. The business cognoscenti knew well enough that Trump was a buffoon, a blowhard and a flim-flam man, but they also knew that his presidency, in being good for his own business, would be good for other businesses too, especially in the field of taxation. The Republican Party as a whole – with a number of notable exceptions – fell in line. Those who believed in minimal government recognised that Trump’s noisy incompetence would actually bring about minimal government by default, and give the governmental process a bad name, which was all fine by them. The question of ethics rarely entered into it.

As a distant watcher of what I’ve called the slow-motion train wreck of the Trump presidency, I’ve learned more than I ever thought I would know about the US presidential system, and more than I ever wanted to know about Trump himself.

For some time, Trump was nothing more than a funny name to me. My first full-on experience of him must have come from an early showing of ‘The Apprentice’, probably accidentally stumbled on through channel-hopping. I’ve never taken much interest in the business world, mea culpa. Within literally seconds, I was thinking ‘If I didn’t know better, I’d assume this was a black comedy. The host talks total gobshite, and the contestants, all actors, treat him like a deity. His very name is meant as a joke – he trumps everyone else in spite of being tasteless, boorish and pig-ignorant – and the contestants, who are put up in a monument to vulgarity called ‘Trump Tower’, swoon at all the gimcrack opulence. No better caricature of the Ugly American has ever been created’. Yet I knew that this was no caricature. Or rather, Trump was a caricature, but also a real human being.

What I didn’t know then, and what I’ve learned since his accession to the presidency, was the extent of Trump’s criminality. This has been fully revealed through a couple of New York Times stories, but I first learned about it through Sam Harris podcasts and other outlets, as well as through the words and behaviour of Trump himself, and his thuggish cronies. His use of standover men, fixers and the like has all the markings of organised crime – or somewhat disorganised crime in Trump’s case. The fact that he has gotten away with this behaviour for decades is a testament to the problems of the US justice system.

Trump became President with a minority of votes – this time revealing a problem with the federal electoral system. Claims by pundits such as Niall Ferguson that Putin’s interference in that election had a minimal effect were either naive or politically motivated. The Putin dictatorship’s actions were sophisticated and brilliantly targeted, and the subsequent response of Trump to the clear evidence of that interference should have been enough to have him thrown out of office. Another massive problem with the US federal system.

Sensible Americans are now faced with the problem of getting rid of Trump, and engaging in the root and branch reform of the disastrous system that allowed Trump’s rise to and maintenance of power. It seems, from other pundits I’ve read, that the US Presidency has experienced a kind of ‘dictatorship creep’ over the years, and this now needs to be confronted directly. The judiciary, for example needs to be fully independent, with the highest positions decided upon by judicial peers. Presidential emoluments need to be eliminated through clear, solid law. Presidential pardoning powers need to be sharply restricted, or preferably removed from the President altogether and placed in the hands of senior law officials. The presentation of all available taxation documents must be a sine qua non of presidential candidacy. If Presidents are to be directly elected – not a great idea IMHO – it should be through a first-past-the-post, one-vote-one-value system. Presidential immunity must be jettisoned, and if this interferes with the President’s role, this should scream to the American people that the President’s role is too burdensome, and that governmental power needs to be less concentrated and more distributed.

All of the preceding, and more, seems obvious to an outsider, but among Americans, brought up since infancy to believe they have the best government in the multiverse, self-criticism in this area is hard to come by. Possibly more abuse of the system by Trump and his enablers will wake Americans up to what’s needed, but I remain skeptical.

Which brings us back to the immediate situation. I have to admit, what has surprised me more than anything about this presidency is that Trump’s following hasn’t been reduced substantially since falling to around the 40% mark very early in his term. Clearly, his base, much-despised by Trump himself, has gained nothing from his incumbency, as opposed to the super-rich (small in number but gargantuan in power), who see through Trump but cynically support his lazy, neglectful attitude to government administration. The fact that this base is solid and easily aroused reveals a long-standing problem in America’s individualistic, mistrustful, and massively divided society. Trump is wily enough to try to take advantage of this discontent, especially as the law appears to be closing in on him. He may not have the numbers to win another election, but he is very likely to use those numbers to do as much damage to America’s much-vaunted but clearly very fragile separation of powers as he possibly can. I’m unfortunately quite convinced that the worst of the Trump presidency is yet to come.

Written by stewart henderson

May 13, 2019 at 7:30 pm

situation USA 1: Billy Barr’s memo, etc

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silly Billy

Jacinta: So we can’t get enough of the wacky world of US federal politics, maybe from a schadenfreudish perspective, since we’re not Americans and have no intention of setting foot in that mad bad sad world…

Canto: Fully of lovely people I should add. Very diverse.

Jacinta: Very, let’s leave it at that. But we’re fascinated that Trump is still trumpeting, and that the nation’s better half, actually more than half, has still not found a way to rid themselves of him. I’m very reluctant to attribute any smarts to Trump, because criminal types, in spite of many movie depictions, are rarely smart enough to avoid getting caught. Yet Trump is still at large. He’s obviously done many things right, re self-preservation, and even self-aggrandisement.

Canto: We think of criminals as dumb because they’ve been caught. That’s why we call them criminals.

Jacinta: Good point. Anyway, the slow train crash that’s US federal politics today may not be the Trump crash. He may well walk away from the wreck unscathed. The number of final scenarios from here seems virtually infinite.

Canto: So let’s jump right in. The Mueller team has produced a report, redacted to the public, but mostly available (with almost entirely unredacted summaries of each of the two volumes, on conspiracy and obstruction respectively), which we have read and which we’ve found to be extremely critical of the administration and Trump himself. We’ll be quoting from the report throughout this fun, multi-post analysis.

Jacinta: But first we want to have a look at the role being played by US Attorney-General William Barr, who’s currently standing between the Mueller Report and its reception and treatment, by Congress, by the US justice system, and by the American public.

Canto: Barr hasn’t been the A-G for long, having taken office on Valentine’s Day of 2019.

Jacinta: A loving day for Billy and Donny. Some background to the appointment. Trump nominated Barr for the position on December 7 2018, a month after the resignation of the previous A-G, Jeff Sessions. Trump, as example F of the Mueller Report’s many examples of possible or probable obstruction of justice relates, had been trying to get Sessions to either ‘unrecuse’ himself (a legal nonsense, according to many) from overseeing the Mueller Report, or to resign, throughout Sessions’ tenure in the position. Barr, who held the position of A-G back in the early nineties, was clearly aware of Trump’s frustration with Sessions and his desire for an A-G who would protect him, support him, be on his team, etc, and had sent, unsolicited, a 19-page memo, available online, which is well worth reading. You don’t have to be a lawyer to recognise the many flaws in Barr’s arguments, you simply need a good sense of logic, decency and fairness.

Barr’s memo begins badly, with the title – Re: Mueller’s ‘obstruction’ theory. The scare quotes are meant to imply that obstruction isn’t really a thing in this case, and possibly for Presidents in general. But the most telling word is ‘theory’, because, as we have seen from the report itself, and no doubt this is a feature of Mueller’s legal career, the Special Counsel doesn’t theorise much, he relies on case law and precedent, which he cites at enormous length, to hammer home his findings.

Canto: Yes, just reading the memo, the word ‘theory’ comes up in the second and third paras. I also note the use of scary words like ‘demand’, ‘threat’, ‘interrogation’ and ‘coerce his submission’, all used in reference to Mueller’s behaviour towards Trump, all piled up in the first couple of paras. It’s no wonder that some have surmised that this memo was intended for an audience of one – especially if that person hasn’t the attention span to read more than a page a month.

Jacinta: Well, Barr quickly moves to legalese, using terms like actus rea (actually actus reus) and mens rea – which mean, respectively, a criminal act, and the intent, or knowledge of guilt. What he writes in these next paragraphs is unexceptionable – he agrees that the President is bound by standard obstruction laws, and that Nixon and Bill Clinton were rightly impeached on obstruction in the form of impairment of evidence. But then he goes on to write:

Enforcing these laws against the President in no way infringes on the President’s plenary [absolute] power over law enforcement because exercising this discretion – such as his complete authority to start or stop a law enforcement proceeding – does not involve commission of any of these inherently wrongful, subversive acts.

Barr Memorandum, June 2018, p2

Canto: Hmmm, I think I see what Barr is trying for here. But first, why isn’t it jaw-dropping to grant absolute power to one person over law enforcement? Only in America, surely. The land of the individual super-hero. But what I think Barr is arguing here is that Trump’s attempt to stop a proceeding – the Mueller enquiry – was perfectly legal due to his plenary power. So, even if Putin’s Russia interfered with the 2016 election ‘in sweeping and systematic fashion’, and did so to substantially advantage Trump, and the Trump campaign knew about and welcomed that interference, it was perfectly legitimate for Trump to shut down an investigation into that interference and the Trump campaign’s response. Based on that view, all attempts to get the enquiry stopped or to change its focus were legitimate. End of story.

Jacinta: You’re getting there. And fortunately we don’t have to rely only on our own brilliant minds to critique this memo, as many lawyers have already done so. But let’s continue to go it alone for a while, and then see what others have to say. Barr admits at the outset that he’s ‘in the dark’ about many facts, yet he’s happy to speculate, claiming that ‘as far as I know’, and ‘seemingly’, this is what Mueller is actually doing – for example ‘proposing an unprecedented expansion of obstruction laws’. Again, we’re not lawyers, but I note that Mueller cites precedent many times in his report. And he doesn’t include in his examples of possible/probable obstruction the multitudinous tweets and speeches in which Trump denigrates the Special Counsel’s investigation as a witch-hunt and the Russian interference as a hoax. In a broad sense, this appears to me to be witness tampering – using the bully pulpit in the manner of dictators of the past, repeating a lie over and over until it becomes true. The witnesses here being the American public. But back to the memo. Barr homes in on USC 1512, subsection c2, which Mueller does indeed use in his report, but c2 seems to me clear-cut about obstruction, and covers many acts committed by Trump which Barr glosses over or doesn’t mention. In fact Barr seems to think that the only possibly obstructive act committed by Trump was the firing of Comey. Here is subsection c:

(c) Whoever corruptly (1) alters, destroys, mutilates or conceals a record, document or other object, or attempts to do so, with the attempt to impair the object’s integrity, or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so.

Further, Barr states that, as far as he knows, Mueller isn’t accusing Trump of evidence tampering. But how far does Barr know? This is an assumption, and on the basis of that assumption he accuses Mueller of an over-reach which in any case makes no sense on the basis of a straightforward reading of c2.

Canto: Well according to Barr, c2 shouldn’t be read as standing alone, it should somehow be read in the context of 1512 c as a whole. To me, though, it clearly reads as a necessary addition to c1, which doesn’t deal adequately with all the nefarious ways and means of obstruction. Barr describes the use of c2 as allowing an ‘unbounded interpretation’ of obstruction. But the law surely requires a definition of obstruction that captures the myriad ways that obstruction can occur – myriad but at the same time obvious to any well-reasoning witness.

Jacinta: Interesting – Mueller and Barr are friends of at least 30 years’ standing, which is a worry, and this makes me imagine, and perhaps it isn’t just imagination, that Mueller is writing up his report partly in refutation of Barr’s claims. That’s based on reading just three pages of Barr, but we’re often more miffed by the criticism of friends, and blokes are such competitive bulls.

Canto: Yes but you could be onto something there. Mueller dwells at length on 1512 c2 as the basis for his obstruction analysis, as well as on the three elements that must be fulfilled to show that obstruction has occurred – obstructive act, intent, and connection to an official proceeding – and towards the end of the report (Vol 2 III. Legal defences to the application of obstruction-of-justice statutes to the President), Mueller directly addresses the issue of 1512 c2, not in response to Barr, but in response to Trump’s personal counsel. These remarks summarise the Special Counsel’s position:

In analyzing counsel ‘s statutory arguments, we concluded that the President’s proposed interpretation of Section 1512(c)(2) is contrary to the litigating position of the Department of Justice and is not supported by principles of statutory construction.

Mueller Report Vol 2, p159

Jacinta: Yes I like the report’s succinctness, with the above summary being followed by a great deal of case law, constitutional argument and so forth. Of course we’re not conversant with all the precedents and the possible constitutional nuances, but we note that these arguments – which may well be directed at rebutting Barr – are detailed and cool, lacking the sense of outrage we find in Barr, regarding over-reach and unprecedented interpretations. And they do seem to confirm our amateur understanding that 1512 c2 is intended to cover acts other than the physical destruction of evidence – and those other acts would be an open-ended set.

Canto: Yes, Barr quibbles a lot on the term ‘otherwise’ in 1512 c2, and Mueller responds to that.

Jacinta: But if we move out from the detailed law into the world of basic ethics, we should be able to recognise that Barr’s position is nothing short of appalling. He tries to argue – and he did so in the senate hearing – that it’s not obstruction if the President ‘thinks’ that the proceeding is corrupt, and so wants to shut it down. So, according to Barr, Trump’s endless claims of a witch-hunt are sufficient justification for him to dismiss the Special Counsel! That’s laughable. I mean Trump would say that, wouldn’t he? Not that this is what Trump thinks. He knows full well that he’s a career criminal. It’s what every career criminal would say when brought to justice. Duh.

Written by stewart henderson

May 4, 2019 at 7:36 pm

a few thoughts on libertarianism

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Libertarianism is like Leninism: a fascinating, internally consistent political theory with some good underlying points that, regrettably, makes prescriptions about how to run human society that can only work if we replace real messy human beings with frictionless spherical humanoids of uniform density (because it relies on simplifying assumptions about human behavior which are unfortunately wrong). I don’t know who wrote this.

not quite

Aren’t libertarians a lovely lot?

I might look more closely at some libertarian philosophy later, but for now I want to critique the kind of standard libertarianism I’ve heard from politicians and bloggers.

Well, okay, I’ll start with a philosopher, Robert Nozick, whose much-vaunted/pilloried book Anarchy, State and Utopia I tried to read in the eighties. I found it pretty indigestible and essentially learned from others that his argument depended rather too much on one principle – the human right of individuals to certain positive and negative freedoms, but especially negative ones, like the right to be left largely alone, to make their own decisions for example about how to contribute to the greater good. The book ended up advocating for a minimalist state, in which everyone gets to create their own communities of kindred spirits, organically grown A cornucopia of utopias. The kind of state that, ummm, like, doesn’t exist anywhere. That’s the problem. Utopia is definable as a society that only exists in fantasy.

And then there’s the exaltation of the individual. This is the problem I’ve encountered with every libertarian I’ve read or viewed – and I’m quite glad I’ve rarely had any personal encounters with them.

If I did, here would be my response. Homo sapiens are the most socially constructed mammals on the planet. Language has massively facilitated this, and in turn has become our most powerful social product. Common languages have created civilisations, and this has allowed us to dominate the planet, for better or worse. And civilisation requires, or just is, organised social structure. That’s to say, a state, that eternal bogey-man of the libertarian.

This entity, the state, has shaped humans for millennia. Today, we owe (largely) to the state the clothes we wear, the food we eat, the education we’re hopefully still having, the jobs we’ve had and lost, the houses we live in, the cars we used to drive, and the good health we increasingly enjoy. That’s why, it seems to me, we owe it to ourselves to make the state we live in as good as we can make it, in terms of health, safety, opportunity, support, pleasure and self-improvement, for all its members.

It seems to me we have to work with what exists instead of trying to invent utopias – because, obviously, one person’s utopia is another’s nightmare. What exists today is a variety of states, some clearly better than others. The minimalist states are among the worst, and they’re understandably called failed states. There is no effectively functioning minimalist state on the planet, a fact that many libertarians blithely ignore. Their emphasis on individual liberty seems to me the product of either beggar-thy-neighbour selfishness or starry-eyed optimism about natural affinities.

Again, I turn to the USA, my favourite whipping-state. This hotbed of libertarians has not blossomed as it could, considering its booming economy. From this distance, it seems a sad and often stomach-turning mixture of white-collar fraudsters and chronically disadvantaged, over-incarcerated victims, and good people who largely accept this as the status quo. The you-can-achieve-anything mantra of the American Dream generally sees individuals as blank slates who can best fulfil their potential when pulled from the rubble of the coercive state. Or State, as many libertarians prefer.

It didn’t take my recent reading of Robert Sapolsky’s Behave, a superb overview of human behaviour and its multifarious and interactive underpinnings, or Steven Pinker’s earlier The Blank Slate, to realise that this was a dangerous myth. It was always screamingly obvious to me, from my observation of the working-class milieu of my childhood, the variety of skills my classmates displayed and the problems they faced from the outset, together with my readings of more privileged worthies and their patrician connections (Bertrand Russell on the knee of William Gladstone always comes irritatingly to mind), that there has never been anything like an even playing field for exhibiting and making the most of whatever qualities we’re gifted with or are motivated to cultivate and improve.

So this is the problem: we’re not free to undo what has been ‘done to us’ – the parents we have, the country (or century) we’re born in, the traumas and joys we’ve experienced in the womb, our complex genetic inheritance and so forth. All of these things are connected to a much wider world and a past over which we have no control. They shape us (into go-getting libertarians or bleeding-heart liberals or whatever) much more than we’re generally prepared to admit. And these shaping forces, since the emergence of civilisation and that sometimes messily organised unit called the state, are profoundly social. And even if we’re not talking about western civilisation it’s the same – it takes a village to raise a child.

These shaping forces aren’t necessarily bad or good, they just are. But all in all we should be glad they are. The social brain is the brightest, most complex brain, and such brains wouldn’t have developed if the individual was sacrosanct, in receipt of the right to be ‘left alone’. Civilisation is surely the most impressive achievement of human evolution, and as Ralph Adolphs of Caltech puts it, ‘no component of our civilization would be possible without large-scale collective behavior’. 

The state, of course, has its drawbacks, as do all large-scale multifaceted administrative entities. The ancient Greek city-states produced a host of brilliant contributors to their own esteem as well as to the world history of drama, philosophy, mathematics and history itself, in spite of being built on slavery and denying any equitable role to women, but even there the (probably few) slaves who worked in the most enlightened households would’ve benefitted from the collective, and the women, however officially treated, were surely just as involved and brainy as the men.

As society has grown increasingly complex we as individuals have grown in proportion, as have our individual delusions of grandeur. At least in some cases. What the best of us should have learned, though, is that a rich, diverse, dynamic society, which cannot but be organised, produces the best offerings to its children. Diminishing the state by refusing to contribute to it actually diminishes and impoverishes the self, diminishes connection and the recognition of collective value. This raises the rather large point that the self isn’t what most people think it is – an autonomous, self-actuated entity. Instead, it is driven by complex social inputs from the very start, indeed from long before it came into being. Just as events from long before a crow is born, or even conceived, will go a long way in determining how that adult crow behaves.

Yet the myth of the individual, autonomous self is a live one, and it’s what drives most libertarians. In so far as people see themselves as self-actualising, they will argue the same for others, and absolve themselves from responsibility for others’ failures, mistakes or incapacities. Such attitudes significantly play down disadvantages of background, and even reduce exposure to those differences. Since everyone has the choice to be as successful as me (according to my own measure of success), why should I waste time hanging out with losers? By that measure, to suggest that silver-spoon libertarians would willingly provide support to disadvantaged communities is as unrealistic as expecting Donald Trump to hang out with the construction workers on his trumpy towers.

In some respects, libertarianism represents the opposite pole to communism, on a continuum that stretches into complete delusion at both ends. There have never been any actual, functioning communist or libertarian states. Both are essentially abstract ideologies, which take little account of the science of evolved human behaviour. When we do take account of that science, we find it is fiendishly complex, with the individual as a unit being driven and shaped by social dependencies, connections and responsibilities, which are generally vital to that individual’s well-being. In western democratic societies, apart from family and workplace organisations, we have government, which includes, in Australia, councils, states and a federation of states. It all sound terribly complex and web-like, and some apparently see it as ‘the enemy of individual liberty’ but in fact it’s the web of civilised human life, which we’ve all contributed to creating, and it’s a pretty impressive web – though more impressive in some places than in others. I think the best thing we can try to do is to improve it rather than trying to extricate ourselves from it. In any case, doing so – I mean, removing ourselves from organised society – just won’t work, and fundamentally misunderstands the nature of our evolved humanity.

Written by stewart henderson

April 3, 2019 at 2:32 pm