Left behind

Demographers tell us that those who identify as white will be in the minority in a few years.  If you were a political party trying to maintain power and relevance wouldn’t you be trying to court members of the future majority?  I guess not.

Frank Bruni wrote in his recent column

From proud Republican harbinger to sad Republican castaway — that’s the story of Representative Mia Love, who finally conceded her extraordinarily close House race on Monday.

It’s the story of her party, really. Of what it once realized about the future and how it slouched backward into the past. Of trading the elixir of hope for the toxin of fear.

It charts Republicans’ ugly drift under Donald Trump, who rooted for her defeat not only as the votes in Utah’s Fourth Congressional District were still being counted (“Mia Love gave me no love,” the president pouted) but with all that he said on the campaign trail and has done in the White House. Tacitly and explicitly, he has sown disdain for the likes of Love, a daughter of Haitian immigrants who, in 2014, became the first black Republican woman ever elected to either chamber of Congress.

She remains the only one. When she leaves at the end of this congressional session, there will be just two black Republican men — one in the House and one in the Senate.

And then you have Cindy Hyde-Smith winning in Mississippi.  Jelani Cobb writes in the New Yorker

A series of outrageous statements, regardless of whether they were calculated or clueless, was not sufficient to alienate enough white Republicans from Hyde-Smith. She blithely stated that she would be willing to sit in the front row of a public hanging, in a state whose history is marred by the spectacle murders of black people at the hands of racist white mobs. She “joked” that she was in favor of making it more difficult for certain people to vote in the state where, in 1966, the N.A.A.C.P. activist Vernon Dahmer was killed—his home was firebombed—for the crime of registering black people to vote. Earlier, she had praised Beauvoir, the home of Jefferson Davis, as “Mississippi history at its best!” (It was also reported last week that she had graduated from a “segregation academy,” created to sidestep the Supreme Court’s Brown v. Board of Education decision, and sent her daughter to a school that had had the same origins.)

Mike Espy was always a long shot to win the elections, but the margin, 54 to 46, surprised me; I thought it would be closer.  And Hyde-Smith is not the only Republican to win this fall despite their racist statements.  Think of Governor-elect DeSantis in Florida and Governor-elect Kemp of Georgia.  Cobb writes

Hyde-Smith’s victory means that, this month, three Southern white Republicans used cavalierly racist rhetoric in successful attempts to defeat three black Democrats in statewide races. In Florida, Ron DeSantis warned Floridians not to “monkey this up” by electing his rival. In Georgia, Brian Kemp billed himself as a Trump-like conservativewho drove a large pickup truck so as to have room for the “criminal illegals” he might round up as he went about his day.

Trump with his implicit and explicit racism has created the atmosphere that gives other candidates cover.  On the Democratic side as Bruni points out, there is a new diversity.

Everything you heard about the exciting diversification of midterm races? About the significantly increased numbers of women running for office, of people of color, of L.G.B.T. candidates?

That was on the Democratic side. The Republicans either couldn’t be bothered, couldn’t find any takers or — my guess — both. Love called that out in a remarkable concession speech on Monday. To the victor go the spoils, but from the vanquished comes the candor.

“Because Republicans never take minority communities into their home and citizens into their homes and into their hearts, they stay with Democrats,” Love said. Democrats “do take them home — or at least make them feel like they have a home.”

Mia Love has put her finger on the Republican problem.  After Mitt Romney lost in 2008, the Republicans talked a lot about a reset to become more diverse and attract more diverse voters.  It obviously has not happened.  In fact, the Republicans have gone far in the opposite direction.  Meanwhile, the Democrats have made, in Love’s words, a diverse group feel like they have a home.  Just take a look at this New York Times piece on the new Freshmen in Congress.  The contrast is striking.  The Republican Party is being left behind.

Let me give Cobb the last word

The pre-Trump Republican Party certainly relied on the support of whites who held racially bigoted views, but it struggled for plausible deniability in such matters. With Trump, the racism is out in the open, and so, in some cases, is the willingness of the electorate to tolerate it. The Mississippi race reinforced something that has been impossible to avoid but difficult to accept: Trump’s imprimatur actually helped some Republicans win elections. Nina Simone titled her racial-justice protest song “Mississippi Goddam.” The shame isn’t just that the song remains resonant fifty-four years after it was released but that, looking at the landscape of 2018, there are still so many other places she could sing about.

Pardons and Guilt

Last night my husband and I were watching “All In” with Chris Hayes and there was a lot of speculation about Trump pardoning Manafort, et al.  I got curious about Watergate pardons and did a search.  Turns out that except for Ford pardoning Nixon, there was only one other – Reagan pardoned one of the burglars.  But in my search I turned up this very interesting commentary by Jill Wine-Banks  (Three ugly Watergate lessons for President Trump, Chicago Tribune) who was an Assistant Watergate prosecutor.  Written in July 2017, it contains information I had never heard before.  Wine-Banks outlines three things one should think about before accepting a Presidential pardon.

First, it is an admission of guilt.  I had no idea, but the controlling case law is a 1915 Supreme Court decision, Burdick v. United States:: 236 U.S. 79 (1915).

The first thing President Trump and voters should know is that anyone who accepts a pardon admits guilt by doing so. That means, even if Trump could pardon himself — a long-debated legal gray area — as well as any family members and aides, he and they would be admitting guilt by accepting the pardon. And under the Constitution, the president’s pardon power does not apply to impeachment proceedings that could — and might well — be triggered by his pardoning himself or even the others.

That is the result of the U.S. Supreme Court’s 1915 Burdick decision. It was the basis of President Ford’s written explanation to the House Judiciary Committee regarding his pardon of Nixon. For the rest of his life, Ford carried a portion of the Burdick decision in his wallet.

In 2014, I appeared on a panel at the Gerald R. Ford Presidential Library and Museum in Grand Rapids, Mich., with Benton Becker, the lawyer Ford sent to Nixon’s San Clemente home to offer the pardon. Becker described his meeting with the recently resigned president as painful. It was his duty to explain to Nixon, as instructed by Ford, that if he accepted the pardon, it was an admission of guilt. Becker reviewed with Nixon a copy of the Burdick decision that he had brought with him to California.

Nixon accepted his guilt in the Watergate controversy by accepting the pardon. Anyone Trump pardons would be doing the same.

ct-perspec-aj-pardon-20170724

Second, the pardoned person loses access to the Fifth Amendment.

Second, Trump should know that anyone who accepts a pardon loses his or her Fifth Amendment right against self-incrimination and can be forced to testify under oath. The resulting testimony can be used against President Trump. Of course, should anyone pardoned refuse to testify or testify falsely, the person can be jailed for that offense.

Wine-Banks’ third reason is that pardons would not save Trump politically.

Third, the president should understand that his potential use of the pardon and the possible firing or limitation of special counsel Robert Mueller’s investigation are likely to cause as much backlash as such conduct did during Watergate.

I hope that some lawyers are thinking about Burdick and trying to explain it to clients and to the President.  Would he really want to have Don Jr. or Ivanka admit guilt?  He probably doesn’t care about the others.

We are trapped in a drama few of us want to watch, but we can’t turn away from watching.  Look for more surprises.

Photograph: Corbis

 

The future of American democracy

I’m married to a pessimist.  He’s been reading Gibbon’s The Decline and Fall of the Roman Empire and is convinced we are now well into the decline.  While I’m not quite so pessimistic, I admit I have my own moments of despair.  Sometimes it feels as though we have no control over the future.  Almost certainly, the Republican party has already caved in.  But events like the recent election in Alabama and the  generic polling that consistently shows a preference for electing Democrats to Congress this year give me a ray of hope.  If Virginia can almost completely flip the state legislature, why can’t we do the same for Congress?

I can think of at least three roadblocks:  Money (think the Koch’s), voter suppression (gerrymandered districts and new voter rules), and, last but not least, the age of the Democratic leadership.

A lot has been written about the first two roadblocks on my list but not so much about the third.  I love the members of the Vermont delegation but, let’s face it, the youngest is Representative Peter Welch who is exactly my age – 70.  I’m pretty sure that I am will vote for his reelection – and for Bernie’s – but there are a number of younger folks who will be ready to take their places next time around.  For right now, we need their seniority.

Moving from Vermont to national politics we have Nancy Pelosi (77) and Chuck Schumer (67).  If the Democrats retake the House, and even if they don’t, it is time for Nancy to retire gracefully.  She has served us well as both majority and minority leader, but it is time for the next generation.

Howard Dean, another Vermont politician I supported for President, is one of the few of my generation speaking out about this.  In a recent NPR interview with Rachel Martin, Dean said

The most important age group for us is people under 35. They elected Barack Obama in 2008. But now it’s time to let them take over. And they’re going to have to take over on their own terms. We have tons of talent in our party. We do not need to rely on my generation anymore. And these kids think differently. They’re more respectful of each other. They’re willing to listen to each other’s ideas and work things out. They’re entrepreneurial. They’re more conservative than we are economically than the left wing of the Democratic Party. They’re mostly libertarian.

I just think this is the future of America. They are diverse. They value immigration. They value different kinds of people. They believe that gay rights is the civil rights issue of their time. They care deeply about the environment. We need a real change in this country and the only way to do it is for us to get out.

Dean goes on to say that the party has to change because the world is changing and is no longer so dependent on institutions.  There are all sorts of interesting people running for Congress this year filed as Democrats.  I believe I read that most of the House seats in red districts have a Democratic challenger.  At this point, I think the most important role the Democratic Party as an institution can play is to help raise money as the elections will be won by grassroots workers who will not necessarily be Democrats.

So what about 2020.  The word here is that Bernie is gearing up for another run.  Yes, I know that Bernie’s base was young people in 2016, but by 2020 he and they will be four years older.  And even though there is likely nothing there, the Jane Sanders financial stuff is going to haunt any campaign.

My pessimistic husband sees no one who can run, but remember in 2007 no one thought that Barak Obama known only to Democratic activists for his speech at the 2004 Convention, could run, much less win. So let’s look at some new faces:  Seth Moulton (age 40, ex-Marine Congressman from Massachusetts); Cory Booker (Senator from New Jersey, age 49); Kamala Harris (Senator from California, age 55); Kirsten Gillibrand (Senator from New York, age 55); Amy Klobuchar (Senator from Minnesota, age 58); and Chris Murphy (Senator from Connecticut, age 45).  Look them up.  And I’m sure that there are some Mayors out there who would be interesting candidates.

I still think our democracy can be saved, but we each have to play the proper role and for Democrats of my generation, that means following Howard Dean’s example and moving ourselves to a supporting role.

 

The consequence of sexism

I’m writing this the morning after the Republicans in the Senate passed a massive tax reform bill that I doubt many of them, or their staff members, or maybe even leadership had read.  The bill wasn’t even printed but evidently photocopies with handwritten insertions and changes were passed out in the hours just before the vote.  There were no hearings.  And now we get to watch Paul Ryan and Mitch McConnell try to reconcile the House and Senate bills.  I wish them no success.

So how is this bill a consequence of sexism?  I hadn’t thought about it either until I read this piece by Jill Filipovic in the New York Times.  She writes

Many of the male journalists who stand accused of sexual harassment were on the forefront of covering the presidential race between Hillary Clinton and Donald Trump. Matt Lauer interviewed Mrs. Clinton and Mr. Trump in an official “commander-in-chief forum” for NBC. He notoriously peppered and interrupted Mrs. Clinton with cold, aggressive, condescending questions hyper-focused on her emails, only to pitch softballs at Mr. Trump and treat him with gentle collegiality a half-hour later. Mark Halperin and Charlie Rose set much of the televised political discourse on the race, interviewing other pundits, opining themselves and obsessing over the electoral play-by-play. Mr. Rose, after the election, took a tone similar to Mr. Lauer’s with Mrs. Clinton — talking down to her, interrupting her, portraying her as untrustworthy. Mr. Halperin was a harsh critic of Mrs. Clinton, painting her as ruthless and corrupt, while going surprisingly easy on Mr. Trump. The reporter Glenn Thrush, currently on leave from The New York Times because of sexual harassment allegations, covered Mrs. Clinton’s 2008 campaign when he was at Newsday and continued to write about her over the next eight years for Politico.

A pervasive theme of all of these men’s coverage of Mrs. Clinton was that she was dishonest and unlikable. These recent harassment allegations suggest that perhaps the problem wasn’t that Mrs. Clinton was untruthful or inherently hard to connect with, but that these particular men hold deep biases against women who seek power instead of sticking to acquiescent sex-object status.

What these journalists did when they interviewed Mrs. Clinton has the same roots as their sexual harassment.

For arguing that gender shaped the election narrative and its result, feminists have been pooh-poohed, simultaneously told that it was Clinton, not her gender, that was the problem and that her female supporters were voting with their vaginas instead of their brains.

The latest harassment and assault allegations complicate that account and suggest that perhaps many of the high-profile media men covering Mrs. Clinton and Mr. Trump were the ones leading with their genitals. Mr. Trump was notoriously accused of multiple acts of sexual harassment and assault, and was caught on tape bragging about his proclivity for grabbing women. That several of the men covering the race — shaping the way American voters understood the candidates and what was at stake — were apparently behaving in similarly appalling ways off-camera calls into question not just their objectivity but also their ability to cover the story with the seriousness and urgency it demanded.

Filipovic continues

This moment isn’t about a nation of confused men. It’s about a minority of men who choose to treat women alternately as walking sex objects or bothersome and potentially devious nags. It’s about a majority of Americans who give men a pass for all manner of bad behavior, because they assume men are entitled to behave badly but hold women to an entirely different standard.

That is why it’s so egregious that sexual harassers set the tone of much of the coverage of the woman who hoped to be the first female president.

There are at least two other well known men accused of sexual harassment:  Senator Al Franken and Garrison Keillor.  It is true that both supported Clinton.  Both are alleged to have committed an act or acts that, while harassment, are rather on a different scale than Matt Lauer’s or Charlie Rose’s multiple actions.  I taught my first workshops about sexual harassment in the late 1970s to managers in Virginia state government and my staff began investigating complaints.  The manager who put his hand down an employee’s blouse was suspended; the manager who patted an employee on the rear was reprimanded.  No act can be excused, but we need to maintain some perspective.

As Filipovic writes

The 2016 presidential race was so close that any of a half-dozen factors surely influenced the outcome: James Comey, racial politics, Clinton family baggage, the contentious Democratic primary, third-party spoilers, Russian interference, fake news. But when one of the best-qualified candidates for the presidency in American history and the first woman to get close to the Oval Office loses to an opponent who had not dedicated a nanosecond of his life to public service and ran a blatantly misogynist campaign, it’s hard to conclude that gender didn’t play a role.

 And what we get is a tax reform bill that will only help the rich, destruction of the environment, alienated allies, and potential nuclear war.  Thanks a lot, fellows.

Civil Servants are the best

I estimate that 98% of my work life was spent either in government or with a nonprofit so I think I know a thing or two about both kinds of organizations.  I have been thinking since the election in November that government workers, bureaucrats, civil servants and nonprofit organizations will be the ones to save our democracy.  The two actions that have gotten the most attention thus far are the State Department’s dissent memo with over 1000 signatures and the Alt National Parks websites.  And employees in other agencies like the Environmental Protection Agency and NASA are also acting by just doing their jobs and setting up alternate media sites through which they can release information.  So I was interested to come across this story expressing a similar point of view.

park-ranger

One of our National Park Rangers.

I had just come home from Boston where I had picked up a print copy of the Globe and I started reading the Magazine and began laughing.  In his Perspective essay, Dear civil servants:  Keep it up.  No, really., Scott Helman begs the nation’s civil servants to keep doing their jobs.

Good day, Mr./Mrs./Ms. Servant.

I ask humbly: May I approach your coffee-splattered desk? I promise this won’t take long. It’s only the survival of the republic that we need to talk about. I’ll speak quietly. I can even sing my plea lite-rock style, so it blends in with the tunes from your clock radio. Better not to arouse your supervisor’s curiosity.

Let’s clear the air first. Listen, it’s true. For years you’ve been a punch line. Admit that sometimes you made it easy, with your interminable cigarette breaks, your surly manner, and your dawdling pace — unless there was only one glazed cruller left in the box.

Wait, wait, wait — come back! You’re right. Sorry. Really sorry. Old habits, you know?

Seriously, though: You, my friend, are the most important person in America right now. A nation turns its jittery eyes to you.

Helman continues

As the political churn reaches your cubicle, I ask of you this: Smile, nod — hell, bake a Bundt cake if you need to. And then: Continue on your merry way. Keep doing your thing.

Please continue producing non-biased, fact-based reports and stats on global warming, federal deficits, health care coverage, and whatever else comes across your desk. Go where the science or the numbers lead you, not where someone above you wants them to go.

Please speak up if you’re asked to do something unethical, and blow the whistle if you see something wrong.

Look, I know you can’t buck every political decision. Elections have consequences. I get that. Maybe you even welcome the change, unlike those cheeky chums from the national parks who started shadow Twitter accounts.

But this is bigger than politics or party. We need you to protect that bedrock as if our lives depend on it. Because they might. You are but a cog in a massive machine, yes. But the machine cannot run without you. Exercise your judgment and talent and authority wisely.

I know it can’t be easy.  When I was working in Virginia state government, the Governor appointed a new agency head who was not all that competent.  (I learned years later from him that much of what he did was at the direction of the Governor’s Office.)  At one point an employee moral survey was conducted, but the results were not released.  A couple of us got hold of the results and leaked them to the Washington Post.  To this day, I’m not sure any one except us leakers knew who the source was.  We knew we were taking a risk, but in the end, some changes were made, changes that impacted all State employees.  So I know that civil servants can act against the powers that be.  Helman ends with

One more thing. Don’t let anybody tell you that pushing back against a sinister agenda is somehow un-American. To the contrary. It’s the most American thing you can do.

 

Photograph:  Nick Adams / Reuters

Resistance

Beverly Gage had an interesting essay in Sunday’s New York Times Magazine, A ‘Resistance’ Stands Against Trump.  But What Will It Stand For?  In it Gage discusses the history of the word, resistance, and how it has transformed at various times from being against to finding what it is for.  Right now, when we talk about resisting Trump, or perhaps I should say that when I use the term, I mean taking a stand against his proposed (and some implemented) actions that can remove my civil rights and civil liberties.  I think each participant in the current Resistance stands for his or her own reasons.  So how can we coalesce into a positive movement?

Before Trump’s election, anyone who claimed to have been a member of “the resistance” was most likely over the age of 85, a veteran of anti-fascist struggles in France and other Nazi-occupied territories during World War II. That resistance involved armed conflict and personal risk of the bleakest sort, with guerrilla fighters hiding in the catacombs of Paris while Hitler’s forces did their worst above ground. Under fascist rule, there were no plausible options for political engagement. It was a fight to the death, and in early 1940s Europe, before the arrival of Allied troops, the outcome was far from certain. Talking about resistance still evokes this sense of honorable struggle against an occupying power. It implies patience as well as militancy, the ability to say no over and over and over again, to refuse to cooperate until the whole system crumbles.

After the war, anticolonial movements from South Africa to Northern Ireland found their own strategies of resistance, settling in for long, sometimes bloody fights.

Of course, the American south had “massive resistance” to school integration.  I remember well the year my hometown of Moorestown, New Jersey, hosted a group of young men and women from Prince Edward County, Virginia who were just trying to finish high school after “massive resistance” closed the schools.

The American left created a different language of resistance, much of it focused around the anti-conscription activities of groups like the War Resisters League. This anti-draft sensibility reached its peak in the late 1960s, during the Vietnam War, when student activists proclaimed a transition, per one slogan, “from Protest to Resistance.” As the movement veterans Staughton Lynd and Michael Ferber pointed out in their 1971 book, “The Resistance,” that shift grew out of a desire to embrace “a deeper and riskier commitment, a move that warranted a new term to replace ‘dissent’ and ‘protest.’ ” The goal was no longer simply to object to the war; it was to throw a wrench into the war machine and make it stop. Antiwar activists continued to engage in peaceful protest — but now some also burned draft cards and firebombed R.O.T.C. centers. A small number, like the Weathermen, took up bona fide guerrilla activity, planting bombs at the Capitol, the Pentagon and other prominent buildings.

The Michigan Republican who tweeted that we needed another Kent State to put down the current protests hasn’t read his history:  Kent State stiffed the resistance to the Vietnam War rather than ending it.  I remember the nonviolent movement being galvanized by Kent State.

As the war and its life-or-death stakes came to an end, so, too, did the embrace of resistance as a literal armed underground conspiracy. But while it faded as a political strategy, it began to gain prominence as a category of academic social analysis, the sort of thing that anthropologists and historians looked for in their studies of human societies. This was part of a broader trend toward “social history,” with its insistence that ordinary people — not just generals and politicians — could be the agents of serious historical change. Sometimes this meant studying organized revolts, like slave rebellions or peasant uprisings. By the 1980s, though, “resistance” had come to encompass a much broader set of behaviors. Enslaved or oppressed people might resist by taking up arms, but they might also resist simply by refusing to do as they were told. The political theorist James Scott called these “everyday forms of resistance” — a category that could include giving a sullen look to an employer, deliberately misfiling forms or just living life, as much as possible, on terms of your own choosing.

As I wrote earlier, the current resistance movement allows each participant to participate for her or his own reasons.  But can we become something bigger?  Gage leaves us with some hope.

fist-of-resistance

As a movement-building enterprise, designed to achieve the greatest possible participation, this mode of resistance makes sense. But despite its good cheer, it still emphasizes what is not possible: It says that Trump is about to take a sledgehammer to the nation’s finest institutions and principles and that the only thing most citizens can do is shout “no” as loudly as possible.

Many organizers have vowed that this yawp of dissent represents a beginning rather than an end — and history suggests that they may well be right. Some of the most significant shifts in modern American law and political culture came out of efforts birthed in panic and despair. During World War I, for instance, the United States banned criticism of the government, interned thousands of German Americans and instituted widespread surveillance of immigrants and political radicals. Many Americans supported these policies; others feared that the country was abandoning cherished traditions of tolerance and free speech. In response, a small group of alarmed progressives founded an organization that came to be known as the American Civil Liberties Union. They lost many early courtroom battles, but their vision of a nation in which “civil liberties” were taken seriously eventually changed the face of American law and politics.

If I have any prediction about what the future holds, I think that the women’s movement, the environmental movement, and civil liberties movement will all gain strength as we each decide where to put our energy, time, and money into positive actions.   While we continue to resist it all.

Photograph:  Shannon Stapleton/Reuters

“We are a gentle, angry people…”

Yesterday was a rather phenomenal day.  The media reports of women’s marches on all seven continents.  Posts by friends from all stages of my life with pictures of themselves, their children, and often, grandchildren at marches and rallies all over the world.  I’m sure I’ll be writing more about the why and certainly will write about what happens next, but today I want to celebrate a song I hadn’t thought about for a long time, but which seems to be the appropriate one for this new movement.

We sang it at the Brattleboro Sister Vigil and, later, a friend posted that she had seen the words on a sign in Boston:  “We are a gentle, angry people.”  She hadn’t realized that those were the words of a song by Holly Near.

Here is a clip of Near singing it in 2015 at a conference on the anniversary of the first national demonstration against the War in Vietnam.

And here are the words.

We are a gentle, angry people
and we are singing, singing for our lives

We are a justice-seeking people
and we are singing, singing for our lives

We are young and old together
and we are singing, singing for our lives

We are a land of many colors
and we are singing, singing for our lives

We are gay and straight together
and we are singing, singing for our lives

We are a gentle, loving people
and we are singing, singing for our lives

Learn the tune.  Make up more verses.  We are singing for our lives.

brattleboro-rally

Taken at Pliny Park, Brattleboro VT on January 21, 2017 about 20 minutes after the formal Sister Vigil had ended.

Photograph by Robert Wyckoff