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leilamulveny

Prospect of Pardons in Final Days Fuels Market to Buy Access to Trump - The New York Times - 0 views

  • The brisk market for pardons reflects the access peddling that has defined Mr. Trump’s presidency as well as his unorthodox approach to exercising unchecked presidential clemency powers. Pardons and commutations are intended to show mercy to deserving recipients, but Mr. Trump has used many of them to reward personal or political allies.
  • Brett Tolman, a former federal prosecutor who has been advising the White House on pardons and commutations, has monetized his clemency work, collecting tens of thousands of dollars, and possibly more, in recent weeks to lobby the White House for clemency for the son of a former Arkansas senator; the founder of the notorious online drug marketplace Silk Road; and a Manhattan socialite who pleaded guilty in a fraud scheme.
  • Mr. Trump’s former personal lawyer John M. Dowd has marketed himself to convicted felons as someone who could secure pardons because of his close relationship with the president, accepting tens of thousands of dollars from a wealthy felon and advising him and other potential clients to leverage Mr. Trump’s grievances about the justice system.
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  • After Mr. Trump’s impeachment for inciting his supporters before the deadly riot at the Capitol, and with Republican leaders turning on him, the pardon power remains one of the last and most likely outlets for quick unilateral action by an increasingly isolated, erratic president.
  • He has also discussed issuing pre-emptive pardons to his children, his son-in-law and senior adviser, Jared Kushner, and Mr. Giuliani.
  • He has paid Mr. Tolman at least $10,000 since late last year to lobby the White House and Congress for a pardon for his son Jeremy Hutchinson, a former Arkansas state lawmaker who pleaded guilty in 2019 to accepting bribes and tax fraud, according to a lobbying disclosure filed this month.
  • That system favors pardon seekers who have connections to Mr. Trump or his team, or who pay someone who does, said pardon lawyers who have worked for years through the Justice Department system.
  • . Any explicit offers of payment to the president in return could be investigated as possible violations of bribery laws; no evidence has emerged that Mr. Trump was offered money in exchange for a pardon.
  • “The criminal justice system is badly broken, badly flawed,” said the former senator, Tim Hutchinson, a Republican who served in Congress from 1993 to 2003.
  • “This kind of off-books influence peddling, special-privilege system denies consideration to the hundreds of ordinary people who have obediently lined up as required by Justice Department rules, and is a basic violation of the longstanding effort to make this process at least look fair,” said Margaret Love, who ran the Justice Department’s clemency process from 1990 until 1997 as the United States pardon attorney.
  • A filing this month revealed that Mr. Tolman was paid $22,500 by an Arizona man named Brian Anderson who had retained him in September to seek clemency for Ross Ulbricht, the Silk Road founder. Mr. Ulbricht was sentenced to life in prison in 2015 for engaging in a continuing criminal enterprise and distributing narcotics on the internet.
  • The former Trump campaign adviser, Karen Giorno, also had access to people around the president, having run Mr. Trump’s campaign in Florida during the 2016 primary and remaining on board as a senior political adviser during the general election.
  • Though the name was never publicly disclosed, Mr. Kiriakou was sentenced to 30 months in prison. In the meeting, at the Washington office of his lawyer, Mr. Kiriakou said he had been wronged by the government and was seeking a pardon so he could carry a handgun and receive his pension.
  • In July 2018, Ms. Giorno signed an agreement with Mr. Kiriakou, a copy of which was obtained by The New York Times, “to seek a full pardon from President Donald Trump of his conviction” for $50,000 and promised another $50,000 as a bonus if she secured a pardon.
malonema1

How the Supreme Court is Expanding the Immigrant Detention System - The Atlantic - 0 views

  • A quarter-century ago, in 1994, the Immigration and Naturalization Service, on any given day, was holding somewhere around 5,500 immigrants in “immigration detention.”For fiscal year 2017, Immigration and Customs Enforcement budget documents projected an average daily population in detention of roughly 31,000. That increase—nearly six-fold in 25 years—made the Enforcement and Removal Operations division of ICE roughly the 13th largest prison system in the country. On its busiest days in FY 2017, ICE housed a population well above that.  
  • As of 2016, only about 10 percent of detainees were held in federal facilities at all; the remainder were housed in state, county, or city jails (25 percent) or private for-profit prisons (65 percent). Each of the local or private facilities is governed by an agreement with ICE governing inmate conditions, and the agreements aren’t uniform. Some require better conditions than others. Even ICE’s defenders do not seriously contest that ERO detention facilities are rife with poor physical conditions, inadequate medical care, and physical and sexual abuse of the inmates.
  • Justices Samuel Alito, joined by Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas, and Neil Gorsuch, read the statute as forbidding bail hearings for the immigration inmates, and thus authorizing ERO to detain them for weeks, months, or even years. Two of the five, Thomas and Gorsuch, wrote separately to suggest that the inmates should not be allowed to challenge their detention in court until after their cases are complete and they are facing deportation. The five-justice majority opinion, without quite saying so, also suggested that the constitutional issue is really not of much importance at all. Justice Stephen Breyer wrote a dissent, joined by Justices Ruth Bader Ginsburg and Sonia Sotomayor. (Justice Elena Kagan recused herself, because she had authorized a pleading in the case when she was U.S. Solicitor General.)
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  • So the statutory issue in Jennings was whether these statutes, which do not mention bail, should be read as forbidding bail proceedings—or read against the background of the Constitution, which plainly regards bail as a fundamental right? For criminal proceedings, bail hearings are presumed; should immigration detention—which is civil—be an exception? Six of the circuits have said that bail hearings must be held if detention is “prolonged.” The Ninth Circuit, where Jennings originated, ordered that ICE provide bail hearings for its detainees every six months. The detainees would be entitled to release unless ICE could show by “clear and convincing evidence” that they were dangerous to the community or likely to flee.
  • In dissent, Breyer, joined by Ginsburg and Sotomayor, contended that the constitutional issues in this area are weighty. Though popular discourse increasingly denies this obvious fact, the immigrants immured in the ERO archipelago have constitutional rights. The Fifth Amendment says that “[n]o person shall … be deprived of life, liberty, or property, without due process of law”—and from the founding to the present, “person” has included citizen and alien alike. Some of the immigrants in the class, having been halted at the border, are not, as a matter of immigration law, “in” the United States. But that’s a legal fiction for immigration purposes, Breyer noted:
rerobinson03

Barr Acknowledges Justice Dept. Has Found No Widespread Voter Fraud - The New York Times - 0 views

  • Attorney General William P. Barr acknowledged on Tuesday that the Justice Department has uncovered no voting fraud “on a scale that could have effected a different outcome in the election,” a striking repudiation of President Trump’s groundless claims that he was defrauded.
  • Mr. Barr has advanced Mr. Trump’s political agenda perhaps more than any other cabinet member, bringing the Justice Department as close to the White House as it has been since Watergate.
  • And Senator Mitch McConnell, Republican of Kentucky and the majority leader, who has refused to recognize Mr. Trump’s election loss, moved closer to overtly accepting the reality that Mr. Biden would be in the White House next year as he discussed the prospects for more pandemic stimulus in 2021.
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  • Rudolph W. Giuliani, a lawyer for Mr. Trump who has been at the forefront of promoting his election conspiracy theories, said that his team had gathered evidence of illegal voting in six states, backed up by sworn witness statements, and that the Justice Department had failed to investigate what the team had uncovered. 
  • There’s been one assertion that would be systemic fraud, and that would be the claim that machines were programmed essentially to skew the election results. And the D.H.S. and D.O.J. have looked into that, and so far, we haven’t seen anything to substantiate that,” Mr. Barr said, referring to the Department of Homeland Security and his own department.
  • Mr. Barr had been mostly silent since the election, but some Republicans privately pushed him to publicly rebut Mr. Trump, according to a person told of those conversations. His comments may have been prompted by Mr. Trump’s increasingly specious election claims; the president suggested on Sunday that the Justice Department and the F.B.I. may have played a role in an election fraud.
  • Mr. Barr had given prosecutors the authority to examine allegations by Mr. Trump’s allies of voter ineligibility in Nevada and improperly dated mail-in ballots in Pennsylvania. The results of those investigations have not been publicly disclosed, but Mr. Barr’s remarks suggested that any impropriety was too insignificant to change the election results.
  • “Most claims of fraud are very particularized to a particular set of circumstances or actors or conduct. They are not systemic allegations, and those have been run down; they are being run down,” he said. “Some have been broad and potentially cover a few thousand votes. They have been followed up on.”
  • But none, at least so far, have won Mr. Trump anything more significant than the ability to move his poll observers from 10 feet to six feet away from workers counting votes in Pennsylvania.
  • The campaign and its allies have now lost nearly 40 cases across the country as judge after judge — including some appointed by Mr. Trump — discredited the efforts as lacking both legal merit and convincing proof.
  • In the months before the November election, Mr. Barr had been one of the loudest voices sounding alarms about widespread fraud, claiming repeatedly in speeches and interviews that the potential for it was high and that it posed a grave danger to the election. Mr. Barr’s claims were often false or exaggerated and were widely refuted.
Javier E

Anarchists and an increase in violent crime hijack Portland's social justice movement -... - 0 views

  • when you look over the longer history of what’s been going on in Portland — there’s something else happening. It’s not just the protests. It is not just covid-19. There is something else going on in Portland.”
  • Henning and others say crime was rising in the city before the pandemic shut it down and before Floyd died in Minneapolis with a White police officer’s knee on his neck. From 2019 to 2020, the number of homicides nearly doubled, something Henning called “unheard of” in Portland. This followed years with some of the nation’s lowest crime rates for a city its size.
  • “So these perpetrators, my guess, were coming of age, were in elementary and middle school right around the Great Recession,” said Brian Renauer, director of the Criminal Justice Policy Research Institute at Portland State. “Now they’re in their early to mid-20s. So what we’re seeing is the outgrowth of a breakdown in the family, in the economy, in those neighborhoods they came out of, if this is very much a homegrown phenomenon.”
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  • The rising gun violence, and for a time the downtown demonstrations, have stressed the police department and put it largely on its back foot, as a response unit rather than a force with resources to prevent crime. As one measure, police response time to emergency calls has more than doubled over the past eight years, to more than 40 minutes of wait-time before a call is even fielded by emergency dispatchers.
  • “Police are bailing,” Henning said. “We are losing our best, most experienced officers left and right, and calls for service are increasing every year.”
  • The Portland Police Bureau is authorized to have 1,001 sworn officers. At the moment it has about 900, a shortage that city officials blame on a lack of urgency in hiring and police leaders attribute to a lack of support and funding.
  • The City Council last year cut about $27 million from the roughly $200 million police budget — about $11 million because of a pandemic-caused budget crisis, and $15 million as part of the “defund” effort to shift some police resources to other agencies that may be able to handle nonviolent calls more effectively.
  • But Schmidt, who was elected with 77 percent of the vote, said the “message I was sending got twisted,” and the public began to think that no cases associated with protests would be prosecuted. Vandalism and property crimes spiked — and at a time of rising violence against young men of color, Schmidt was making the rounds to explain that people who broke windows and burned buildings would be prosecuted.
  • What I know is that being chief, and being a Black chief in particular, this movement to really exclude police from some facets of enforcement or community interaction, it really bears the brunt on the African American community,” Lovell said. “These shootings have an outsized impact on people of color.”
  • The chief’s goal to reestablish a larger uniformed presence on Portland’s streets and in its most dangerous neighborhoods appears to be supported by many residents, who just a year ago were very much opposed to the city’s police practices
  • But the police bureau also disbanded a unit last July that focused specifically on gun violence, a high-profile initiative that had been designed to make the agency less reactive and more attuned in advance to rising gang- and gun-related crime as the protests began slowly fading.
  • “They are trying to run a Cadillac with a Volkswagen engine,” said Daryl Turner, who retired after nearly 30 years as a Portland police officer to lead its largest union, the Portland Police Association. “You cannot defund the police and expect the changes they are seeking. Our public officials are not reading the data.”
  • I was faced with a bunch of competing priorities,” he continued. “Do I use the power of this office to essentially criminalize people who are showing up to criticize the criminal justice system and the inherent conflict in making that decision? If I had to do that, from a public safety standpoint, is there a good public safety case to be made for people being prosecuted for this conduct?”
  • A poll conducted by the Oregonian newspaper this month found that three-quarters of Portland-area residents did not want police officer levels to decline more than they have. Just more than half said they favored an increase in the number of officers.
  • So would police officers, a pledge he ran on. Within months, Schmidt will bring two cases involving shootings by officers to grand juries for possible indictments. He will hire outside counsel to present the cases, a change in policy designed to strengthen the public’s sense of independent accountability for police action.
  • Wheeler, the mayor, said he believes that the city has begun to recover, at least from the demonstrations that have left downtown largely empty on most days. Over the past year, he said, the city has recorded an 85 percent decline in downtown foot traffic. The result has been economic despair and more crime.
  • “Portland has always had this great tradition of protest,” Wheeler said. “But the anarchists that joined into the demonstration really co-opted what had been a nonviolent message in favor of change. And now that group has gotten much smaller, but also much more blatant in the damage they are causing and the targets they are picking.”
  • Over the spring, the group of self-described anarchists, usually masked and dressed in black, has shattered windows at the Oregon Historical Society, at a Boys & Girls Club, at a public library, and at many small businesses, including some owned by Black merchants. Wheeler made a public plea for Portlanders to “take the city back.”
  • At City Hall, Wheeler and the rest of the council are debating ways to increase police resources, a shift for a symbol of the defund movement.
  • he mayor plans to triple the number of unarmed officers in the police bureau, from 11 to 33, to help manage reports related to mental illness and mounting homelessness while freeing up armed police for more serious calls.
  • “I think other people are just understanding that this is a really challenging time to be a police officer,” Wheeler said. “And we are finally putting racial disparity and institutional racism front and center in our society. This is an opportunity for us to be honest about its existence, to call it out for what it is and to change it.”
delgadool

The Breonna Taylor Decision: Live Updates and Analysis - The New York Times - 0 views

  • A grand jury didn’t charge any officers with shooting Ms. Taylor in her Louisville apartment. A former officer, accused of firing recklessly, was indicted on three counts of “wanton endangerment.”
  • “If we simply act on outrage, there is no justice — mob justice is not justice. Justice sought by violence is not justice. It just becomes revenge.”
  • Many legal experts said before the charges were announced that indictments for killing Ms. Taylor would be unlikely, given the state’s statute allowing citizens to use lethal force in self-defense. John W. Stewart, a former assistant attorney general in Kentucky, said he believed that at least Sergeant Mattingly and Detective Cosgrove were protected by that law.
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  • “It tells people, cops can kill you in the sanctity of your own home,” Linda Sarsour, a Palestinian-American activist, said as she wiped tears from her face.
  • After protesters marched loudly but peacefully through the streets for more than two hours, they were stopped by a line of officers in riot gear in the Highlands section of town.
  • 2a”If anyone can get killed how Breonna got killed by the police, there’s no way we should live in a society where that’s possible,” he said.
  • “our criminal justice system is fundamentally broken.”
  • Under Kentucky law, a person is guilty of the crime when “under circumstances manifesting extreme indifference to the value of human life, he wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another person.”
  • For months, Ms. Taylor’s death has been a rallying cry. Michelle Obama and Kamala Harris, the Democratic vice-presidential nominee, called out her name during the Democratic National Convention. Oprah Winfrey paid for billboards demanding the officers be charged, writing in her magazine, “We have to use whatever megaphone we can.”
yehbru

Turkish Bank Case Showed Erdogan's Influence With Trump - The New York Times - 0 views

  • a criminal investigation into Halkbank, a state-owned Turkish bank suspected of violating U.S. sanctions law by funneling billions of dollars of gold and cash to Iran
  • For months, President Recep Tayyip Erdogan of Turkey had been pressing President Trump to quash the investigation, which threatened not only the bank but potentially members of Mr. Erdogan’s family and political party.
  • Mr. Barr pressed Mr. Berman to allow the bank to avoid an indictment by paying a fine and acknowledging some wrongdoing. In addition, the Justice Department would agree to end investigations and criminal cases involving Turkish and bank officials who were allied with Mr. Erdogan and suspected of participating in the sanctions-busting scheme.
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  • “You don’t grant immunity to individuals unless you are getting something from them — and we wouldn’t be here.”
  • Six months earlier, Matthew G. Whitaker, the acting attorney general who ran the department from November 2018 until Mr. Barr arrived in February 2019, rejected a request from Mr. Berman for permission to file criminal charges against the bank, two lawyers involved in the investigation said. Mr. Whitaker blocked the move shortly after Mr. Erdogan repeatedly pressed Mr. Trump in a series of conversations in November and December 2018 to resolve the Halkbank matter.
  • Mr. Erdogan had a big political stake in the outcome, because the case had become a major embarrassment for him in Turkey.
  • And Mr. Trump’s sympathetic response to Mr. Erdogan was especially jarring because it involved accusations that the bank had undercut Mr. Trump’s policy of economically isolating Iran, a centerpiece of his Middle East plan.
  • Former White House officials said they came to fear that the president was open to swaying the criminal justice system to advance a transactional and ill-defined agenda of his own.
  • the administration’s bitterness over Mr. Berman’s unwillingness to go along with Mr. Barr’s proposal would linger, and ultimately contribute to Mr. Berman’s dismissal.
  • It predated Mr. Trump’s election but came to encompass a broad cast of players, including Rudolph W. Giuliani, the former New York mayor; Michael T. Flynn, Mr. Trump’s first national security adviser; and Brian D. Ballard, a lobbyist and fund-raiser for the president.
  • he investigation of Halkbank, Mr. Erdogan claimed, was a “big conspiracy” instigated by his rival Fethullah Gulen, a charismatic Muslim cleric. Mr. Gulen left Turkey in the late 1990s and moved to Pennsylvania, where, in Mr. Erdogan’s telling, he plotted an unsuccessful coup attempt just a month earlier, according to a summary of the conversation provided to The Times by the Biden aide.
  • “Top leadership in Turkey felt that Trump would be a tough-minded businessman, but a businessman they could work with,” Robert Amsterdam, a lobbyist for Turkey, recalled.
  • Mr. Erdogan also wanted the Obama administration to remove the judge overseeing Mr. Zarrab’s case in Manhattan, the Biden aide said. And he wanted Mr. Zarrab released and allowed to return to Turkey.
  • “If the president were to take this into his own hands, what would happen would be he would be impeached for violating the separation of powers,” Mr. Biden said
  • Mr. Erdogan asked Mr. Biden to remove Preet Bharara, then the U.S. attorney for the Southern District of New York. That office was in the early stages of an investigation into Halkbank and had already indicted a Turkish-Iranian gold trader, Reza Zarrab, for helping to orchestrate the sanctions-evasion scheme.
  • ust how idiosyncratic became more apparent last October, when Mr. Erdogan sent troops into Syria. Mr. Trump, who had initially given Mr. Erdogan the green light to do so, then faced an intense bipartisan backlash, leading him within days to take a tougher line with Turkey, threatening economic reprisals.
  • But the investigation by the federal prosecutors in Manhattan ground ahead. By early 2018, it had led to the indictments of nine defendants, including Turkey’s former economy minister and three Halkbank officials, on charges such as bank fraud and money laundering related to the sanctions-evasion scheme.
  • ut Mr. Mnuchin raised concerns about how large a fine might be imposed on Halkbank. The French banking giant Société Générale agreed that same year to pay U.S. authorities more than $2 billion to resolve charges that it had violated U.S. sanctions against Cuba and bribed officials in Libya, among other accusations
  • A fine on that scale would threaten the future of Halkbank, lobbyists and lawyers for the bank argued, as did top Turkish officials in conversations with members of the Trump administration
  • Mr. Erdogan made clear that he was frustrated with the continued pestering by Southern District prosecutors concerning Halkbank, and he wanted Mr. Trump to intervene to help wrap up the investigation, Mr. Bolton said in the interview
  • Mr. Trump also told Mr. Erdogan that he wanted to replace the prosecutors in Mr. Berman’s office in Manhattan, whom Mr. Trump considered to be holdovers from the Obama era.
  • Mr. Rosenstein was convinced that the evidence was compelling, perhaps even more so than in other sanctions-evasion cases in which the United States had charged banks, lawyers familiar with the investigation said. The memo from the prosecutors also noted that the actions Halkbank was accused of taking were helping to support Iran’s economy, which was antithetical to Mr. Trump’s foreign policy goal of tightening economic pressure on the country.
  • Mr. Rosenstein urged Mr. Berman to come to Washington to present the Southern District’s argument to Mr. Whitaker. The goal was not to file charges immediately against the bank. Instead, the plan was to give the Southern District more leverage to squeeze Halkbank to accept a deferred prosecution agreement that included an admission of wrongdoing.
  • Discussions between Halkbank and the Southern District continued, according to lawyers involved in the case. But the bank maintained its refusal to admit to wrongdoing and insisted on a deal that would end investigations and drop existing charges.
  • At times, the prosecutors were left with the impression that bank officials felt they had all the leverage because of the relationship between Mr. Trump and Mr. Erdogan.
  • The suggestion that the Justice Department would offer Turkish officials protection from criminal charges, even without their agreement to assist in the investigation, was unacceptable and unethical, Mr. Berman argued, according to lawyers close to the investigation.
  • Mr. Barr sought to persuade Mr. Berman that the so-called global settlement would enforce U.S. sanctions law and avert a rift with an ally in a volatile part of the world.
  • “That is the biggest prize that Erdogan could ever receive,” Mr. Erdemir said. “Erdogan was not trying to save the bank. He was trying to save his ministers and save himself.”
  • The National Security Council asked the Education Department about a network of charter schools, partly funded with federal money, that were said to be linked to Mr. Gulen, the Erdogan rival who was living in Pennsylvania. The agency was then asked if the money could be blocked, one official involved in the conversations said. But Education Department officials resisted, saying they did not have the legal authority to stop the funding.
  • On Oct. 15, the Justice Department gave the prosecutors in Manhattan approval to file charges against Halkbank, a direct slap at Mr. Erdogan.The prosecutors rushed to present evidence before a grand jury and secured a six-count indictment that same day charging Halkbank with money laundering, bank fraud and conspiracy to violate the Iran sanctions. So far, no additional individuals have been charged.
Javier E

How 9/11 changed us - Washington Post - 0 views

  • “The U.S. government must define what the message is, what it stands for,” the report asserts. “We should offer an example of moral leadership in the world, committed to treat people humanely, abide by the rule of law, and be generous and caring to our neighbors. . . . We need to defend our ideals abroad vigorously. America does stand up for its values.”
  • the authors pause to make a rousing case for the power of the nation’s character.
  • Rather than exemplify the nation’s highest values, the official response to 9/11 unleashed some of its worst qualities: deception, brutality, arrogance, ignorance, delusion, overreach and carelessness.
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  • Reading or rereading a collection of such books today is like watching an old movie that feels more anguishing and frustrating than you remember. The anguish comes from knowing how the tale will unfold; the frustration from realizing that this was hardly the only possible outcome.
  • This conclusion is laid bare in the sprawling literature to emerge from 9/11 over the past two decades
  • Whatever individual stories the 9/11 books tell, too many describe the repudiation of U.S. values, not by extremist outsiders but by our own hand.
  • In these works, indifference to the growing terrorist threat gives way to bloodlust and vengeance after the attacks. Official dissembling justifies wars, then prolongs them. In the name of counterterrorism, security is politicized, savagery legalized and patriotism weaponized.
  • that state of exception became our new American exceptionalism.
  • The latest works on the legacy of 9/11 show how war-on-terror tactics were turned on religious groups, immigrants and protesters in the United States. The war on terror came home, and it walked in like it owned the place.
  • It happened fast. By 2004, when the 9/11 Commission urged America to “engage the struggle of ideas,” it was already too late; the Justice Department’s initial torture memos were already signed, the Abu Ghraib images had already eviscerated U.S. claims to moral authority.
  • “It is for now far easier for a researcher to explain how and why September 11 happened than it is to explain the aftermath,” Steve Coll writes in “Ghost Wars,” his 2004 account of the CIA’s pre-9/11 involvement in Afghanistan. Throughout that aftermath, Washington fantasized about remaking the world in its image, only to reveal an ugly image of itself to the world.
  • “We anticipate a black future for America,” bin Laden told ABC News more than three years before the 9/11 attacks. “Instead of remaining United States, it shall end up separated states and shall have to carry the bodies of its sons back to America.”
  • bin Laden also came to grasp, perhaps self-servingly, the benefits of luring Washington into imperial overreach, of “bleeding America to the point of bankruptcy,” as he put it in 2004, through endless military expansionism, thus beating back its global sway and undermining its internal unity.
  • To an unnerving degree, the United States moved toward the enemy’s fantasies of what it might become — a nation divided in its sense of itself, exposed in its moral and political compromises, conflicted over wars it did not want but would not end.
  • “The most frightening aspect of this new threat . . . was the fact that almost no one took it seriously. It was too bizarre, too primitive and exotic.” That is how Lawrence Wright depicts the early impressions of bin Laden and his terrorist network among U.S. officials
  • The books traveling that road to 9/11 have an inexorable, almost suffocating feel to them, as though every turn invariably leads to the first crush of steel and glass.
  • With the system “blinking red,” as CIA Director George Tenet later told the 9/11 Commission, why were all these warnings not enough? Wright lingers on bureaucratic failings
  • Clarke’s conclusion is simple, and it highlights America’s we-know-better swagger, a national trait that often masquerades as courage or wisdom. “America, alas, seems only to respond well to disasters, to be undistracted by warnings,” he writes. “Our country seems unable to do all that must be done until there has been some awful calamity.”
  • The problem with responding only to calamity is that underestimation is usually replaced by overreaction. And we tell ourselves it is the right thing, maybe the only thing, to do.
  • A last-minute flight change. A new job at the Pentagon. A retirement from the fire station. The final tilt of a plane’s wings before impact. If the books about the lead-up to 9/11 are packed with unbearable inevitability, the volumes on the day itself highlight how randomness separated survival from death.
  • Had the World Trade Center, built in the late 1960s and early 1970s, been erected according to the city building code in effect since 1938, Dwyer and Flynn explain, “it is likely that a very different world trade center would have been built.
  • Instead, it was constructed according to a new code that the real estate industry had avidly promoted, a code that made it cheaper and more lucrative to build and own skyscrapers. “It increased the floor space available for rent . . . by cutting back on the areas that had been devoted, under the earlier law, to evacuation and exit,” the authors write. The result: Getting everybody out on 9/11 was virtually impossible.
  • The towers embodied the power of American capitalism, but their design embodied the folly of American greed. On that day, both conditions proved fatal.
  • Garrett Graff quotes Defense Department officials marveling at how American Airlines Flight 77 struck a part of the Pentagon that, because of new anti-terrorism standards, had recently been reinforced and renovated
  • “In any other wedge of the Pentagon, there would have been 5,000 people, and the plane would have flown right through the middle of the building.” Instead, fewer than 200 people were killed in the attack on the Pentagon, including the passengers on the hijacked jet. Chance and preparedness came together.
  • The bravery of police and firefighters is the subject of countless 9/11 retrospectives, but these books also emphasize the selflessness of civilians who morphed into first responders
  • The passengers had made phone calls when the hijacking began and had learned the fate of other aircraft that day. “According to one call, they voted on whether to rush the terrorists in an attempt to retake the plane,” the commission report states. “They decided, and acted.”
  • The civilians aboard United Airlines Flight 93, whose resistance forced the plane to crash into a Pennsylvania field rather than the U.S. Capitol, were later lionized as emblems of swashbuckling Americana
  • Such episodes, led by ordinary civilians, embodied values that the 9/11 Commission called on the nation to display. Except those values would soon be dismantled, in the name of security, by those entrusted to uphold them.
  • Lawyering to death.The phrase appears in multiple 9/11 volumes, usually uttered by top officials adamant that they were going to get things done, laws and rules be damned
  • “I had to show the American people the resolve of a commander in chief that was going to do whatever it took to win,” Bush explains. “No yielding. No equivocation. No, you know, lawyering this thing to death.” In “Against All Enemies,” Clarke recalls the evening of Sept. 11, 2001, when Bush snapped at an official who suggested that international law looked askance at military force as a tool of revenge. “I don’t care what the international lawyers say, we are going to kick some ass,” the president retorted.
  • The message was unmistakable: The law is an obstacle to effective counterterrorism
  • Except, they did lawyer this thing to death. Instead of disregarding the law, the Bush administration enlisted it. “Beginning almost immediately after September 11, 2001, [Vice President Dick] Cheney saw to it that some of the sharpest and best-trained lawyers in the country, working in secret in the White House and the United States Department of Justice, came up with legal justifications for a vast expansion of the government’s power in waging war on terror,
  • Through public declarations and secret memos, the administration sought to remove limits on the president’s conduct of warfare and to deny terrorism suspects the protections of the Geneva Conventions by redefining them as unlawful enemy combatants. Nothing, Mayer argues of the latter effort, “more directly cleared the way for torture than this.”
  • Tactics such as cramped confinement, sleep deprivation and waterboarding were rebranded as “enhanced interrogation techniques,” legally and linguistically contorted to avoid the label of torture. Though the techniques could be cruel and inhuman, the OLC acknowledged in an August 2002 memo, they would constitute torture only if they produced pain equivalent to organ failure or death, and if the individual inflicting such pain really really meant to do so: “Even if the defendant knows that severe pain will result from his actions, if causing such harm is not his objective, he lacks the requisite specific intent.” It’s quite the sleight of hand, with torture moving from the body of the interrogated to the mind of the interrogator.
  • the memo concludes that none of it actually matters. Even if a particular interrogation method would cross some legal line, the relevant statute would be considered unconstitutional because it “impermissibly encroached” on the commander in chief’s authority to conduct warfare
  • You have informed us. Experts you have consulted. Based on your research. You do not anticipate. Such hand-washing words appear throughout the memos. The Justice Department relies on information provided by the CIA to reach its conclusions; the CIA then has the cover of the Justice Department to proceed with its interrogations. It’s a perfect circle of trust.
  • In these documents, lawyers enable lawlessness. Another May 2005 memo concludes that, because the Convention Against Torture applies only to actions occurring under U.S. jurisdiction, the CIA’s creation of detention sites in other countries renders the convention “inapplicable.”
  • avid Cole describes the documents as “bad-faith lawyering,” which might be generous. It is another kind of lawyering to death, one in which the rule of law that the 9/11 Commission urged us to abide by becomes the victim.
  • Similarly, because the Eighth Amendment’s prohibition on cruel and unusual punishment is meant to protect people convicted of crimes, it should not apply to terrorism detainees — because they have not been officially convicted of anything. The lack of due process conveniently eliminates constitutional protections
  • Years later, the Senate Intelligence Committee would investigate the CIA’s post-9/11 interrogation program. Its massive report — the executive summary of which appeared as a 549-page book in 2014 — found that torture did not produce useful intelligence, that the interrogations were more brutal than the CIA let on, that the Justice Department did not independently verify the CIA’s information, and that the spy agency impeded oversight by Congress and the CIA inspector general.
  • “The CIA’s effectiveness representations were almost entirely inaccurate,” the Senate report concluded. It is one of the few lies of the war on terror unmasked by an official government investigation and public report, but just one of the many documented in the 9/11 literature.
  • Officials in the war on terror didn’t deceive or dissemble just with lawmakers or the public. In the recurring tragedy of war, they lied just as often to themselves.
  • “The decision to invade Iraq was one made, finally and exclusively, by the president of the United States, George W. Bush,” he writes.
  • n Woodward’s “Bush at War,” the president admitted that before 9/11, “I didn’t feel that sense of urgency [about al-Qaeda], and my blood was not nearly as boiling.”
  • A president initially concerned about defending and preserving the nation’s moral goodness against terrorism found himself driven by darker impulses. “I’m having difficulty controlling my bloodlust,” Bush confessed to religious leaders in the Oval Office on Sept. 20, 2001,
  • Bloodlust, moral certainty and sudden vulnerability make a dangerous combination. The belief that you are defending good against evil can lead to the belief that whatever you do to that end is good, too.
  • Draper distills Bush’s worldview: “The terrorists’ primary objective was to destroy America’s freedom. Saddam hated America. Therefore, he hated freedom. Therefore, Saddam was himself a terrorist, bent on destroying America and its freedom.”
  • The president assumed the worst about what Hussein had done or might do, yet embraced best-case scenarios of how an American invasion would proceed.
  • “Iraqis would rejoice at the sight of their Western liberators,” Draper recaps. “Their newly shared sense of national purpose would overcome any sectarian allegiances. Their native cleverness would make up for their inexperience with self-government. They would welcome the stewardship of Iraqi expatriates who had not set foot in Baghdad in decades. And their oil would pay for everything.”
  • It did not seem to occur to Bush and his advisers that Iraqis could simultaneously hate Hussein and resent the Americans — feelings that could have been discovered by speaking to Iraqis and hearing their concerns.
  • few books on the war that gets deep inside Iraqis’ aversion to the Americans in their midst. “What gives them the right to change something that’s not theirs in the first place?” a woman in a middle-class Baghdad neighborhood asks him. “I don’t like your house, so I’m going to bomb it and you can rebuild it again the way I want it, with your money?
  • The occupation did not dissuade such impressions when it turned the former dictator’s seat of government into its own luxurious Green Zone, or when it retrofitted the Abu Ghraib prison (“the worst of Saddam’s hellholes,” Shadid calls it) into its own chamber of horrors.
  • Shadid hears early talk of the Americans as “kuffar” (heathens), a 51-year-old former teacher complains that “we’ve exchanged a tyrant for an occupier.”
  • Shadid understood that governmental legitimacy — who gets to rule, and by what right — was a matter of overriding importance for Iraqis. “The Americans never understood the question,” he writes; “Iraqis never agreed on the answer.
  • When the United States so quickly shifted from liberation to occupation, it lost whatever legitimacy it enjoyed. “Bush handed that enemy precisely what it wanted and needed, proof that America was at war with Islam, that we were the new Crusaders come to occupy Muslim land,” Clarke writes. “It was as if Usama bin Laden, hidden in some high mountain redoubt, were engaging in long-range mind control of George Bush, chanting ‘invade Iraq, you must invade Iraq.’ ”
  • The foolishness and arrogance of the American occupation didn’t help. In “Imperial Life in the Emerald City: Inside Iraq’s Green Zone,” Rajiv Chandrasekaran explains how, even as daily security was Iraqis’ overwhelming concern, viceroy L. Paul Bremer, Bush’s man in Baghdad, was determined to turn the country into a model free-market economy, complete with new investment laws, bankruptcy courts and a state-of-the-art stock exchange.
  • a U.S. Army general, when asked by local journalists why American helicopters must fly so low at night, thus scaring Iraqi children, replied that the kids were simply hearing “the sound of freedom.”Message: Freedom sounds terrifying.
  • For some Americans, inflicting that terror became part of the job, one more tool in the arsenal. In “The Forever War” by Dexter Filkins, a U.S. Army lieutenant colonel in Iraq assures the author that “with a heavy dose of fear and violence, and a lot of money for projects, I think we can convince these people that we are here to help them.”
  • Chandrasekaran recalls the response of a top communications official under Bremer, when reporters asked about waves of violence hitting Baghdad in the spring of 2004. “Off the record: Paris is burning,” the official told the journalists. “On the record: Security and stability are returning to Iraq.”
  • the Iraq War, conjured in part on the false connections between Iraq and al-Qaeda, ended up helping the terrorist network: It pulled resources from the war in Afghanistan, gave space for bin Laden’s men to regroup and spurred a new generation of terrorists in the Middle East. “A bigger gift to bin Laden was hard to imagine,” Bergen writes.
  • “U.S. officials had no need to lie or spin to justify the war,” Washington Post reporter Craig Whitlock writes in “The Afghanistan Papers,” a damning contrast of the war’s reality vs. its rhetoric. “Yet leaders at the White House, the Pentagon and the State Department soon began to make false assurances and to paper over setbacks on the battlefield.” As the years passed, the deceit became entrenched, what Whitlock calls “an unspoken conspiracy” to hide the truth.
  • Afghanistan was where al-Qaeda, supported by the Taliban, had made its base — it was supposed to be the good war, the right war, the war of necessity and not choice, the war endorsed at home and abroad.
  • If Iraq was the war born of lies, Afghanistan was the one nurtured by them
  • Whitlock finds commanding generals privately admitting that they long fought the war “without a functional strategy.” That, two years into the conflict, Rumsfeld complained that he had “no visibility into who the bad guys are.”
  • That Army Lt. Gen. Douglas Lute, a former coordinator of Iraq and Afghanistan policy, acknowledged that “we didn’t have the foggiest idea of what we were undertaking.”
  • That U.S. officials long wanted to withdraw American forces but feared — correctly so, it turns out — that the Afghan government might collapse. “Bin Laden had hoped for this exact scenario,” Whitlock observes. “To lure the U.S. superpower into an unwinnable guerrilla conflict that would deplete its national treasury and diminish its global influence.”
  • All along, top officials publicly contradicted these internal views, issuing favorable accounts of steady progress
  • Bad news was twisted into good: Rising suicide attacks in Kabul meant the Taliban was too weak for direct combat, for instance, while increased U.S. casualties meant America was taking the fight to the enemy.
  • deceptions transpired across U.S. presidents, but the Obama administration, eager to show that its first-term troop surge was working, “took it to a new level, hyping figures that were misleading, spurious or downright false,” Whitlock writes. And then under President Donald Trump, he adds, the generals felt pressure to “speak more forcefully and boast that his war strategy was destined to succeed.”
  • in public, almost no senior government officials had the courage to admit that the United States was slowly losing,” Whitlock writes. “With their complicit silence, military and political leaders avoided accountability and dodged reappraisals that could have changed the outcome or shortened the conflict.”
  • Deputy Secretary of State Richard Armitage traveled to Moscow shortly after 9/11 to give officials a heads up about the coming hostilities in Afghanistan. The Russians, recent visitors to the graveyard of empires, cautioned that Afghanistan was an “ambush heaven” and that, in the words of one of them, “you’re really going to get the hell kicked out of you.”
  • a war should not be measured only by the timing and the competence of its end. We still face an equally consequential appraisal: How good was this good war if it could be sustained only by lies?
  • In the two decades since the 9/11 attacks, the United States has often attempted to reconsider its response
  • They are written as though intending to solve problems. But they can be read as proof that the problems have no realistic solution, or that the only solution is to never have created them.
  • the report sets the bar for staying so high that an exit strategy appears to be its primary purpose.
  • he counterinsurgency manual is an extraordinary document. Implicitly repudiating notions such as “shock and awe” and “overwhelming force,” it argues that the key to battling an insurgency in countries such as Iraq and Afghanistan is to provide security for the local population and to win its support through effective governance
  • It also attempts to grasp the nature of America’s foes. “Most enemies either do not try to defeat the United States with conventional operations or do not limit themselves to purely military means,” the manual states. “They know that they cannot compete with U.S. forces on those terms. Instead, they try to exhaust U.S. national will.” Exhausting America’s will is an objective that al-Qaeda understood well.
  • “Counterinsurgents should prepare for a long-term commitment,” the manual states. Yet, just a few pages later, it admits that “eventually all foreign armies are seen as interlopers or occupiers.” How to accomplish the former without descending into the latter? No wonder so many of the historical examples of counterinsurgency that the manual highlights, including accounts from the Vietnam War, are stories of failure.
  • “Soldiers and Marines are expected to be nation builders as well as warriors,” the manual proclaims, but the arduous tasks involved — reestablishing government institutions, rebuilding infrastructure, strengthening local security forces, enforcing the rule of law — reveal the tension at the heart of the new doctrine
  • In his foreword, Army Lt. Col. John Nagl writes that the document’s most lasting impact may be as a catalyst not for remaking Iraq or Afghanistan, but for transforming the Army and Marine Corps into “more effective learning organizations,” better able to adapt to changing warfare. And in her introduction, Sarah Sewall, then director of Harvard’s Carr Center for Human Rights Policy, concludes that its “ultimate value” may be in warning civilian officials to think hard before engaging in a counterinsurgency campaign.
  • “The thing that got to everyone,” Finkel explains in the latter book, “was not having a defined front line. It was a war in 360 degrees, no front to advance toward, no enemy in uniform, no predictable patterns, no relief.” It’s a powerful summation of battling an insurgency.
  • Hitting the wrong house is what counterinsurgency doctrine is supposed to avoid. Even successfully capturing or killing a high-value target can be counterproductive if in the process you terrorize a community and create more enemies. In Iraq, the whole country was the wrong house. America’s leaders knew it was the wrong house. They hit it anyway.
  • Another returning soldier, Nic DeNinno, struggles to tell his wife about the time he and his fellow soldiers burst into an Iraqi home in search of a high-value target. He threw a man down the stairs and held another by the throat. After they left, the lieutenant told him it was the wrong house. “The wrong f---ing house,” Nic says to his wife. “One of the things I want to remember is how many times we hit the wrong house.”
  • “As time passes, more documents become available, and the bare facts of what happened become still clearer,” the report states. “Yet the picture of how those things happened becomes harder to reimagine, as that past world, with its preoccupations and uncertainty, recedes.” Before making definitive judgments, then, they ask themselves “whether the insights that seem apparent now would really have been meaningful at the time.”
  • Two of the latest additions to the canon, “Reign of Terror” by Spencer Ackerman and “Subtle Tools” by Karen Greenberg, draw straight, stark lines between the earliest days of the war on terror and its mutations in our current time, between conflicts abroad and divisions at home. These works show how 9/11 remains with us, and how we are still living in the ruins.
  • When Trump declared that “we don’t have victories anymore” in his 2015 speech announcing his presidential candidacy, he was both belittling the legacy of 9/11 and harnessing it to his ends. “His great insight was that the jingoistic politics of the War on Terror did not have to be tied to the War on Terror itself,” Ackerman writes. “That enabled him to tell a tale of lost greatness.” And if greatness is lost, someone must have taken it.
  • “Trump had learned the foremost lesson of 9/11,” Ackerman writes, “that the terrorists were whomever you said they were.”
  • The backlash against Muslims, against immigrants crossing the southern border and against protesters rallying for racial justice was strengthened by the open-ended nature of the global war on terror.
  • the war is not just far away in Iraq or Afghanistan, in Yemen or Syria, but it’s happening here, with mass surveillance, militarized law enforcement and the rebranding of immigration as a threat to the nation’s security rather than a cornerstone of its identity
  • the Authorization for Use of Military Force, drafted by administration lawyers and approved by Congress just days after the attacks, as the moment when America’s response began to go awry. The brief joint resolution allowed the president to use “all necessary and appropriate force” against any nation, organization or person who committed the attacks, and to prevent any future ones.
  • It was the “Ur document in the war on terror and its legacy,” Greenberg writes. “Riddled with imprecision, its terminology was geared to codify expansive powers.” Where the battlefield, the enemy and the definition of victory all remain vague, war becomes endlessly expansive, “with neither temporal nor geographical boundaries.”
  • This was the moment the war on terror was “conceptually doomed,” Ackerman concludes. This is how you get a forever war.
  • There were moments when an off-ramp was visible. The killing of bin Laden in 2011 was one such instance, Ackerman argues, but “Obama squandered the best chance anyone could ever have to end the 9/11 era.”
  • The author assails Obama for making the war on terror more “sustainable” through a veneer of legality — banning torture yet failing to close the detention camp at Guantánamo Bay and relying on drone strikes that “perversely incentivized the military and the CIA to kill instead of capture.”
  • There would always be more targets, more battlefields, regardless of president or party. Failures became the reason to double down, never wind down.
  • The longer the war went on, the more that what Ackerman calls its “grotesque subtext” of nativism and racism would move to the foreground of American politics
  • Absent the war on terror, it is harder to imagine a presidential candidate decrying a sitting commander in chief as foreign, Muslim, illegitimate — and using that lie as a successful political platform.
  • Absent the war on terror, it is harder to imagine a travel ban against people from Muslim-majority countries. Absent the war on terror, it is harder to imagine American protesters labeled terrorists, or a secretary of defense describing the nation’s urban streets as a “battle space” to be dominated
  • In his latest book on bin Laden, Bergen argues that 9/11 was a major tactical success but a long-term strategic failure for the terrorist leader. Yes, he struck a vicious blow against “the head of the snake,” as he called the United States, but “rather than ending American influence in the Muslim world, the 9/11 attacks greatly amplified it,” with two lengthy, large-scale invasions and new bases established throughout the region.
  • “A vastly different America has taken root” in the two decades since 9/11, Greenberg writes. “In the name of retaliation, ‘justice,’ and prevention, fundamental values have been cast aside.”
  • the legacy of the 9/11 era is found not just in Afghanistan or Iraq, but also in an America that drew out and heightened some of its ugliest impulses — a nation that is deeply divided (like those “separated states” bin Laden imagined); that bypasses inconvenient facts and embraces conspiracy theories; that demonizes outsiders; and that, after failing to spread freedom and democracy around the world, seems less inclined to uphold them here
  • Seventeen years after the 9/11 Commission called on the United States to offer moral leadership to the world and to be generous and caring to our neighbors, our moral leadership is in question, and we can barely be generous and caring to ourselves.
  • Still reeling from an attack that dropped out of a blue sky, America is suffering from a sort of post-traumatic stress democracy. It remains in recovery, still a good country, even if a broken good country.
  • 9/11 was a test. Thebooks of the lasttwo decades showhow America failed.
  • Deep within the catalogue of regrets that is the 9/11 Commission report
Javier E

Polarization in Poland: A Warning From Europe - The Atlantic - 0 views

  • Nearly two decades later, I would now cross the street to avoid some of the people who were at my New Year’s Eve party. They, in turn, would not only refuse to enter my house, they would be embarrassed to admit they had ever been there. In fact, about half the people who were at that party would no longer speak to the other half. The estrangements are political, not personal. Poland is now one of the most polarized societies in Europe, and we have found ourselves on opposite sides of a profound divide, one that runs through not only what used to be the Polish right but also the old Hungarian right, the Italian right, and, with some differences, the British right and the American right, too.
  • Some of my New Year’s Eve guests continued, as my husband and I did, to support the pro-European, pro-rule-of-law, pro-market center-right—remaining in political parties that aligned, more or less, with European Christian Democrats, with the liberal parties of Germany and the Netherlands, and with the Republican Party of John McCain. Some now consider themselves center-left. But others wound up in a different place, supporting a nativist party called Law and Justice—a party that has moved dramatically away from the positions it held when it first briefly ran the government, from 2005 to 2007, and when it occupied the presidency (not the same thing in Poland), from 2005 to 2010.
  • My husband was the Polish defense minister for a year and a half, in a coalition government led by Law and Justice during its first, brief experience of power; later, he broke with that party and was for seven years the foreign minister in another coalition government, this one led by the center-right party Civic Platform; in 2015 he didn’t run for office. As a journalist and his American-born wife, I have always attracted some press interest. But after Law and Justice won that year, I was featured on the covers of two pro-regime magazines, wSieci and Do Rzeczy—former friends of ours work at both—as the clandestine Jewish coordinator of the international press and the secret director of its negative coverage of Poland. Similar stories have appeared on Telewizja Polska’s evening news.
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  • In a famous journal he kept from 1935 to 1944, the Romanian writer Mihail Sebastian chronicled an even more extreme shift in his own country. Like me, Sebastian was Jewish; like me, most of his friends were on the political right. In his journal, he described how, one by one, they were drawn to fascist ideology, like a flock of moths to an inescapable flame. He recounted the arrogance and confidence they acquired as they moved away from identifying themselves as Europeans—admirers of Proust, travelers to Paris—and instead began to call themselves blood-and-soil Romanians. He listened as they veered into conspiratorial thinking or became casually cruel. People he had known for years insulted him to his face and then acted as if nothing had happened. “Is friendship possible,” he wondered in 1937, “with people who have in common a whole series of alien ideas and feelings—so alien that I have only to walk in the door and they suddenly fall silent in shame and embarrassment?”
  • This is not 1937. Nevertheless, a parallel transformation is taking place in my own time, in the Europe that I inhabit and in Poland, a country whose citizenship I have acquired
  • the Dreyfus affair is most interesting because it was sparked by a single cause célèbre. Just one court case—one disputed trial—plunged an entire country into an angry debate, creating unresolvable divisions between people who had previously not known that they disagreed with one another. But this shows that vastly different understandings of what is meant by “France” were already there, waiting to be discovered
  • More important, though the people I am writing about here, the nativist ideologues, are perhaps not all as successful as they would like to be (about which more in a minute), they are not poor and rural, they are not in any sense victims of the political transition, and they are not an impoverished underclass. On the contrary, they are educated, they speak foreign languages, and they travel abroad—just like Sebastian’s friends in the 1930s.
  • What has caused this transformation
  • My answer is a complicated one, because I think the explanation is universal. Given the right conditions, any society can turn against democracy. Indeed, if history is anything to go by, all societies eventually will.
  • And it is taking place without the excuse of an economic crisis of the kind Europe suffered in the 1930s. Poland’s economy has been the most consistently successful in Europe over the past quarter century. Even after the global financial collapse in 2008, the country saw no recession. What’s more, the refugee wave that has hit other European countries has not been felt here at all. There are no migrant camps, and there is no Islamist terrorism, or terrorism of any kind.
  • in modern Britain, America, Germany, France, and until recently Poland, we have assumed that competition is the most just and efficient way to distribute power. The best-run businesses should make the most money. The most appealing and competent politicians should rule. The contests between them should take place on an even playing field, to ensure a fair outcome.
  • All of these debates, whether in 1890s France or 1990s Poland, have at their core a series of important questions: Who gets to define a nation? And who, therefore, gets to rule a nation? For a long time, we have imagined that these questions were settled—but why should they ever be?
  • the illiberal one-party state, now found all over the world—think of China, Venezuela, Zimbabwe—was first developed by Lenin, in Russia, starting in 1917. In the political-science textbooks of the future, the Soviet Union’s founder will surely be remembered not for his Marxist beliefs, but as the inventor of this enduring form of political organization.
  • Unlike Marxism, the Leninist one-party state is not a philosophy. It is a mechanism for holding power. It works because it clearly defines who gets to be the elite—the political elite, the cultural elite, the financial elite.
  • In monarchies such as prerevolutionary France and Russia, the right to rule was granted to the aristocracy, which defined itself by rigid codes of breeding and etiquette. In modern Western democracies, the right to rule is granted, at least in theory, by different forms of competition: campaigning and voting, meritocratic tests that determine access to higher education and the civil service, free markets
  • Two decades ago, different understandings of “Poland” must already have been present too, just waiting to be exacerbated by chance, circumstance, and personal ambition
  • Lenin’s one-party state was based on different values. It overthrew the aristocratic order. But it did not put a competitive model in place. The Bolshevik one-party state was not merely undemocratic; it was also anticompetitive and antimeritocratic. Places in universities, civil-service jobs, and roles in government and industry did not go to the most industrious or the most capable. Instead, they went to the most loyal.
  • As Hannah Arendt wrote back in the 1940s, the worst kind of one-party state “invariably replaces all first-rate talents, regardless of their sympathies, with those crackpots and fools whose lack of intelligence and creativity is still the best guarantee of their loyalty.”
  • Lenin’s one-party system also reflected his disdain for the idea of a neutral state, of apolitical civil servants and an objective media. He wrote that freedom of the press “is a deception.” He mocked freedom of assembly as a “hollow phrase.” As for parliamentary democracy itself, that was no more than “a machine for the suppression of the working class.”
  • These parties tolerate the existence of political opponents. But they use every means possible, legal and illegal, to reduce their opponents’ ability to function and to curtail competition in politics and economics. They dislike foreign investment and criticize privatization, unless it is designed to benefit their supporters. They undermine meritocracy. Like Donald Trump, they mock the notions of neutrality and professionalism, whether in journalists or civil servants. They discourage businesses from advertising in “opposition”—by which they mean illegitimate—media.
  • nepotism, state capture. But if you so choose, you can also describe it in positive terms: It represents the end of the hateful notions of meritocracy and competition, principles that, by definition, never benefited the less successful. A rigged and uncompetitive system sounds bad if you want to live in a society run by the talented. But if that isn’t your primary interest, then what’s wrong with it?
  • If you are someone who believes that you deserve to rule, then your motivation to attack the elite, pack the courts, and warp the press to achieve your ambitions is strong. Resentment, envy, and above all the belief that the “system” is unfair—these are important sentiments among the intellectuals of the Polish right.
  • Whatever mistakes the party might make, whatever laws it might break, at least the “truth” about Smolensk would finally be told.
  • the polarizing political movements of 21st-century Europe demand much less of their adherents. They don’t require belief in a full-blown ideology, and thus they don’t require violence or terror police. They don’t force people to believe that black is white, war is peace, and state farms have achieved 1,000 percent of their planned production. Most of them don’t deploy propaganda that conflicts with everyday reality.
  • yet all of them depend, if not on a Big Lie, then on what the historian Timothy Snyder once told me should be called the Medium-Size Lie, or perhaps a clutch of Medium-Size Lies. To put it differently, all of them encourage their followers to engage, at least part of the time, with an alternative reality. Sometimes that alternative reality has developed organically; more often, it’s been carefully formulated, with the help of modern marketing techniques, audience segmentation, and social-media campaigns.
  • In Hungary, the lie is unoriginal: It is the belief, shared by the Russian government and the American alt-right, in the superhuman powers of George Soros, the Hungarian Jewish billionaire who is supposedly plotting to bring down the nation through the deliberate importation of migrants, even though no such migrants exist in Hungary.
  • In Poland, at least the lie is sui generis. It is the Smolensk conspiracy theory: the belief that a nefarious plot brought down the president’s plane in April 2010.
  • The truth, as it began to emerge, was not comforting to the Law and Justice Party or to its leader, the dead president’s twin brother. The plane had taken off late; the president was likely in a hurry to land, because he wanted to use the trip to launch his reelection campaign. There was thick fog in Smolensk, which did not have a real airport, just a landing strip in the forest; the pilots considered diverting the plane, which would have meant a drive of several hours to the ceremony. After the president had a brief phone call with his brother, his advisers apparently pressed the pilots to land. Some of them, against protocol, walked in and out of the cockpit during the flight. Also against protocol, the chief of the air force came and sat beside the pilots. “Zmieścisz się śmiało”—“You’ll make it, be bold,” he said. Seconds later, the plane collided with the tops of some birch trees, rolled over, and hit the ground.
  • When, some weeks after the election, European institutions and human-rights groups began responding to the actions of the Law and Justice government, they focused on the undermining of the courts and public media. They didn’t focus on the institutionalization of the Smolensk conspiracy theory, which was, frankly, just too weird for outsiders to understand. And yet the decision to put a fantasy at the heart of government policy really was the source of the authoritarian actions that followed.
  • Although the Macierewicz commission has never produced a credible alternate explanation for the crash, the Smolensk lie laid the moral groundwork for other lies. Those who could accept this elaborate theory, with no evidence whatsoever, could accept anything.
  • picking apart personal and political motives is extremely difficult. That’s what I learned from the story of Jacek Kurski, the director of Polish state television and the chief ideologist of the Polish illiberal state. He started out in the same place, at the same time, as his brother, Jarosław Kurski, who edits the largest and most influential liberal Polish newspaper. They are two sides of the same coin.
  • The Smolensk conspiracy theory, like the Hungarian migration conspiracy theory, served another purpose: For a younger generation that no longer remembered Communism, and a society where former Communists had largely disappeared from politics, it offered a new reason to distrust the politicians, businesspeople, and intellectuals who had emerged from the struggles of the 1990s and now led the country.
  • More to the point, it offered a means of defining a new and better elite. There was no need for competition, or for exams, or for a résumé bristling with achievements. Anyone who professes belief in the Smolensk lie is by definition a true patriot—and, incidentally, might well qualify for a government job.
  • Hungary’s belated reckoning with its Communist past—putting up museums, holding memorial services, naming perpetrators—did not, as I thought it would, help cement respect for the rule of law, for restraints on the state, for pluralism
  • 16 years after the Terror Háza’s opening, Hungary’s ruling party respects no restraints of any kind. It has gone much further than Law and Justice in politicizing the state media and destroying the private media, achieving the latter by issuing threats and blocking access to advertising. It has created a new business elite that is loyal to Orbán.
  • Schmidt embodies what the Bulgarian writer Ivan Krastev recently described as the desire of many eastern and central Europeans to “shake off the colonial dependency implicit in the very project of Westernization,” to rid themselves of the humiliation of having been imitators, followers of the West rather than founders.
  • Listening to her, I became convinced that there was never a moment when Schmidt’s views “changed.” She never turned against liberal democracy, because she never believed in it, or at least she never thought it was all that important. For her, the antidote to Communism is not democracy but an anti-Dreyfusard vision of national sovereignty
  • It’s clear that the Medium-Size Lie is working for Orbán—just as it has for Donald Trump—if only because it focuses the world’s attention on his rhetoric rather than his actions.
  • I described my 1999 New Year’s Eve party to a Greek political scientist. Quietly, he laughed at me. Or rather, he laughed with me; he didn’t mean to be rude. But this thing I was calling polarization was nothing new. “The post-1989 liberal moment—this was the exception,” Stathis Kalyvas told me. Polarization is normal. More to the point, I would add, skepticism about liberal democracy is also normal. And the appeal of authoritarianism is eternal.
  • Americans, with our powerful founding story, our unusual reverence for our Constitution, our relative geographic isolation, and our two centuries of economic success, have long been convinced that liberal democracy, once achieved, cannot be altered. American history is told as a tale of progress, always forward and upward, with the Civil War as a kind of blip in the middle, an obstacle that was overcome.
  • In Greece, history feels not linear but circular. There is liberal democracy and then there is oligarchy. Then there is liberal democracy again. Then there is foreign subversion, then there is an attempted Communist coup, then there is civil war, and then there is dictatorship. And so on, since the time of the Athenian republic.
  • In truth, the argument about who gets to rule is never over, particularly in an era when people have rejected aristocracy, and no longer believe that leadership is inherited at birth or that the ruling class is endorsed by God
  • Democracy and free markets can produce unsatisfying outcomes, after all, especially when badly regulated, or when nobody trusts the regulators, or when people are entering the contest from very different starting points. Sooner or later, the losers of the competition were always going to challenge the value of the competition itself.
  • More to the point, the principles of competition, even when they encourage talent and create upward mobility, don’t necessarily answer deeper questions about national identity, or satisfy the human desire to belong to a moral community.
  • The authoritarian state, or even the semi-authoritarian state—the one-party state, the illiberal state—offers that promise: that the nation will be ruled by the best people, the deserving people, the members of the party, the believers in the Medium-Size Lie.
lilyrashkind

Judge Jackson takes empathetic approach to impartiality: ANALYSIS - ABC News - 0 views

  • Supreme Court nominee Ketanji Brown Jackson never uttered the word 'empathy' in nearly 19 hours of testimony before the Senate Judiciary Committee this week, but she effectively made clear it's a hallmark of her style and an asset to judicial credibility
  • Jackson also insisted it has no influence on her legal decisions."I am not importing my personal views or policy preferences," she told the committee. "The entire exercise is about trying to understand what those who created this policy or this law intended."
  • What Judge Jackson and her supporters tout as a selling point, Republican critics call a major liability.
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  • Republican Sen. Thom Tillis of North Carolina told her, "it seems as though you're a very kind person and there's at least a level of empathy that enters into your treatment of a defendant.""Maybe beyond what some of us would be comfortable with with respect to administering justice," Tillis added.
  • The partisan clash over empathy -- which some have dubbed the "Empathy Wars" -- has its roots in a campaign promise by Barack Obama more than 15 years ago, when the then presidential candidate made the quality a key criteria for a high court nominee.
  • "My attempts to communicate directly with defendants is about public safety," Jackson told Tillis, who scrutinized her treatment of child porn offenders, "because most of the people who are incarcerated via the federal system, and even via the state system, will come out, will be a part of our communities again."
  • "I just don't understand why after saying this and believing this, you could give this guy three months in prison," said Sen. Josh Hawley, R-Missouri, who spent the entirety of his time questioning Jackson's below-guidelines sentence in a child porn case involving an 18-year-old offender. "Do you have anything to add?""No, senator," Jackson shot back.
  • Having empathy on the high court was once widely considered a vaunted quality. Justice Stephen Breyer, whom Jackson would succeed, called empathy "a crucial quality [to have] in a judge."Justice Anthony Kennedy, a Ronald Reagan appointee, said in 2013 that empathy requires "caution" but that cases are "stories about real people" and that judges must understand "real people are going to be bound by what you do."
  • But other jurists take a broader view."Wisdom, as opposed to the more narrow empathy, is a foundational requirement throughout our legal system," said Sarah Isgur, a former Justice Department lawyer and ABC News legal analyst."A judicial philosophy may have empathy as one element of it, but it strives to treat similar situations alike by creating a framework to determine which cases are similar and which aren't," Isgur said. "Judge Jackson was never able to articulate a judicial philosophy and without one, empathy can actually be the antithesis of justice."
  • "In my capacity as a justice, I would do what I've done for the past decade, which is to rule from a position of neutrality, to look carefully at the facts and the circumstances of every case, without any agendas, without any attempt to push the law in one direction or the other," Jackson said, "and to render rulings that I believe and that I hope that people would have
saberal

Opinion | Policing Is Not Broken, It's 'Literally Designed to Work in This Way' - The N... - 0 views

  • Last week, an anxious America awaited the jury’s decision. Officer Derek Chauvin was convicted on all charges for the murder of George Floyd. But whatever feelings greeted such a rare outcome were short-lived for many. The next day, a Virginia man named Isaiah Brown was on the phone with 911 police dispatch when a sheriff’s deputy shot him 10 times, allegedly mistaking the phone for a gun.
  • Today, I’ve gathered three guests who approach reform differently to see where we agree and don’t. Rashawn Ray is a fellow at the Brookings Institute and a professor of sociology at the University of Maryland. Randy Shrewsberry is a former police officer. He’s now the executive director of the Institute for Criminal Justice Training Reform. And Ash-Lee Woodard Henderson is the first Black woman to serve as co-executive director of the Highlander Research and Education Center in Tennessee, a social justice training center where seminal figures like Rosa Parks trained.
  • Right, I think that we see so much of what policing has looked like, which is about the criminalization of poverty. I think it’s important to note here that this is something that I want to emphasize that police and justice impacts everyone with the cases of someone like Daniel Shaver, who was shot to death while crying on the floor, or Tony Timpa, who is held down by police while they laughed on body cam, and how much of this is the policing of poverty and the policing of what we think police are supposed to be doing is not what they’re doing. And so, Rashawn, I want to hear from you. You’ve done so much work on this. What are your top priorities when it comes to reforming policing?
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  • And I think we’ve seen that there is an expectation in this country of who is supposed to be policed and who is not supposed to be policed, that you’re supposed to go police those people over there, but if you order me to wear a mask, well, that’s just too much here. And we see time and time again that most killings by police start with traffic stops, mental health checks, domestic disturbances, low level offenses. We’ve seen with the cases of Philando Castile and others that traffic stops can be deadly. Randy, where does this come from? Why is the focus on low level offenses and not solving murders? I think a lot of people think that the police are focused on catching criminals, when that’s not really what they do.
  • Yeah. I mean, I think lovingly, I came to this position because we’ve been putting platinum bandaids and piecemeal reforms into place. And it hasn’t made policing any better for Black people or poor people or immigrant people, right? When we talk about defunding the police, we’re not just talking about the sheriff in your county or the P.D. in your inner city neighborhood. We’re talking about the state police. We’re talking about Capitol police who we literally watched hand-walk insurrectionists out of the Capitol on January 6. We’re talking about immigrant communities that are impacted by I.C.E., right? We’re talking about Customs and Border Patrol.
  • And the roots are embedded in white supremacy ideology that oftentimes we’re unwilling to admit. The other thing, good apples can’t simply override bad apples. Yes, overwhelmingly, officers get into it because they want to protect and serve. But we just heard from Randy what happens in that process. Good apples become poisoned. And they also can at times become rotten themselves. Because part of what happens is that they get swallowed up in the system. And due to qualified immunity, they are completely alleviated from any sort of financial culpability. And I think insurances can be a huge way to increase accountability.
  • So part of what we have to think through is better solutions. And what the research I’ve conducted suggests is that if we reallocate some of those calls for service, not only are there better people in the social service sector, such as mental health specialists or Department of Transportation better equipped to handle those things, but also police officers can then focus on the more violent crimes and increasing that clearance rate.
  • That’s how we got Ferguson, right? That’s how we ended up with the death of Michael Brown. So what all of this led me to is when you follow the money, just over the past five years, in the major 20 metropolitan areas in the United States, taxpayers have paid out over $2 billion with a B in settlements for police misconduct. Oftentimes, people are paying for their own brutality, so outside of police budgets, which have swelled over the past three decades. I mean, you have everything from over 40 percent in Oakland to well over 35 percent in cities like Chicago and Minneapolis, that these civilian payouts don’t even come from the police budget. And what it led me to is that if we had police department insurance policies, if we had more police officer malpractice individual liability insurance, we would see not only a shift in financial culpability, but also a shift in accountability.
  • How do we keep people safe if we defund the police? But I bet if I asked you, Jane or Rashawn or Randy, to close your eyes and tell me a time where you felt safe, what did it feel like, you wouldn’t tell me that there was a cop there. And if it was, it would probably be because that cop might have been your dad or your mom or your aunt or your uncle, right? Not because they were in their uniform in a cop car policing somebody else. So quite frankly, I think the only solution to policing in this country is abolition. And how do we get there through divestment and investment is really super clear.
  • Do I think that we can reform our way out of the crisis of policing in this country? I do not. And I don’t because I’ve seen so many times us try. I’ve seen us say that if we just trained them more, it would be different. I’ve seen us say, if we just banned no-knock warrants, it would be different. I’ve seen us say, if we just got body cams on these cops, which is more and more and more money going to policing, but what we’ve seen is that that hasn’t distracted or detracted them because they can continue to use reasonable force as their get out of jail and accountability-free card. So I just don’t believe that the data shows that reforming our way out of policing is keeping Black people free and alive.
  • But you know what? They did. But you know what also survived those historical periods? Law enforcement. You know why? Because law enforcement is the gatekeeper of legalized state sanctioned violence. Law enforcement abolition probably requires a revolution we haven’t seen before. Part of what abolitionists also want — because I think there are two main camps. There are some that are like, law enforcement shouldn’t exist. Prisons shouldn’t exist. There are others who are like, look, we need to reimagine it. Like those rotten trees, we need to cut it down. When you deal with a rotten tree or a rotten plant, simply cutting it down doesn’t make it go away. The roots come back, right? And oftentimes, the plant comes back stronger. And interestingly, it comes back in a different form, like it’s wrapped in a different package. And so, but there are some people who say, how about we address abolition from the standpoint of abolishing police departments as they currently stand and reimagining and rebuilding public safety in a way that’s different? See, even the terminology we use is really important — policing, law enforcement, public safety. Part of reimagining law enforcement is reimagining the terms we use for what safety means. And how I think about it is, who has the right to truly express their First Amendment right and be verbally and/or nonviolently expressive? It’s not illegal to be combative.
  • And one of my colleagues was reading a clip. And he was saying, yeah, we need more police surveillance. We need to make sure that we watch what they’re doing. We need more training. This clip was from the 1980s, almost around the same time where Ash was talking about she was born.
  • The United States taxpayer is essentially asked to foot this impossible and never-ending bill to maintain this failed system of policing, right? I want to pull a little bit on Randy’s last point and what Dr. Ray raised about guns as well. It’s like even Forbes, I think, last week mentioned that more than one mass shooting per day has occurred in 2021. And so if cops keep me safe from gun violence, this stat wouldn’t be real, right? So if police officers were keeping Black people safe from gun violence, the world will be a very different place. And I doubt we would be having this conversation in the first place. We’ve got to actually be innovative beyond the request for support for more money for more trainings, for more technology. And so, quite frankly, when we think about what’s happening on the federal level legislatively right now with the Justice and Policing Act, I think the movement for Black — well, not I think — I know the movement for Black Lives unequivocally doesn’t support it. Because, again, it’s an attempt at 1990 solutions to a 2021 problem
  • If you want to learn more about police reform, I recommend reading the text of the George Floyd Justice and Policing Act of 2021. I also recommend The New York Times Magazine piece that features a roundtable of experts and organizers. It’s called, “The message is clear: policing in America is broken and must change.
Javier E

Collapsing Levels of Trust Are Devastating America - The Atlantic - 0 views

  • American history is driven by periodic moments of moral convulsion
  • Harvard political scientist Samuel P. Huntington noticed that these convulsions seem to hit the United States every 60 years or so: the Revolutionary period of the 1760s and ’70s; the Jacksonian uprising of the 1820s and ’30s; the Progressive Era, which began in the 1890s; and the social-protest movements of the 1960s and early ’70s
  • A highly moralistic generation appears on the scene. It uses new modes of communication to seize control of the national conversation. Groups formerly outside of power rise up and take over the system. These are moments of agitation and excitement, frenzy and accusation, mobilization and passion.
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  • In 1981, Huntington predicted that the next moral convulsion would hit America around the second or third decade of the 21st century—that is, right about now.
  • Trump is the final instrument of this crisis, but the conditions that brought him to power and make him so dangerous at this moment were decades in the making, and those conditions will not disappear if he is defeated.
  • Social trust is a measure of the moral quality of a society—of whether the people and institutions in it are trustworthy, whether they keep their promises and work for the common g
  • When people in a society lose faith or trust in their institutions and in each other, the nation collapses.
  • This is an account of how, over the past few decades, America became a more untrustworthy society
  • under the stresses of 2020, American institutions and the American social order crumbled and were revealed as more untrustworthy still
  • We had a chance, in crisis, to pull together as a nation and build trust. We did not. That has left us a broken, alienated society caught in a distrust doom loop.
  • The Baby Boomers grew up in the 1950s and ’60s, an era of family stability, widespread prosperity, and cultural cohesion. The mindset they embraced in the late ’60s and have embodied ever since was all about rebelling against authority, unshackling from institutions, and celebrating freedom, individualism, and liberation.
  • The emerging generations today enjoy none of that sense of security. They grew up in a world in which institutions failed, financial systems collapsed, and families were fragile. Children can now expect to have a lower quality of life than their parents, the pandemic rages, climate change looms, and social media is vicious. Their worldview is predicated on threat, not safety.
  • Thus the values of the Millennial and Gen Z generations that will dominate in the years ahead are the opposite of Boomer values: not liberation, but security; not freedom, but equality; not individualism, but the safety of the collective; not sink-or-swim meritocracy, but promotion on the basis of social justice
  • A new culture is dawning. The Age of Precarity is here.
  • I’ve spent my career rebutting the idea that America is in decline, but the events of these past six years, and especially of 2020, have made clear that we live in a broken nation. The cancer of distrust has spread to every vital organ.
  • Those were the days of triumphant globalization. Communism was falling. Apartheid was ending. The Arab-Israeli dispute was calming down. Europe was unifying. China was prospering. In the United States, a moderate Republican president, George H. W. Bush, gave way to the first Baby Boomer president, a moderate Democrat, Bill Clinton.
  • The stench of national decline is in the air. A political, social, and moral order is dissolving. America will only remain whole if we can build a new order in its place.
  • The American economy grew nicely. The racial wealth gap narrowed. All the great systems of society seemed to be working: capitalism, democracy, pluralism, diversity, globalization. It seemed, as Francis Fukuyama wrote in his famous “The End of History?” essay for The National Interest, “an unabashed victory for economic and political liberalism.”
  • Nations with low social trust—like Brazil, Morocco, and Zimbabwe—have struggling economies.
  • We think of the 1960s as the classic Boomer decade, but the false summer of the 1990s was the high-water mark of that ethos
  • The first great theme of that era was convergence. Walls were coming down. Everybody was coming together.
  • The second theme was the triumph of classical liberalism. Liberalism was not just a philosophy—it was a spirit and a zeitgeist, a faith that individual freedom would blossom in a loosely networked democratic capitalist world. Enterprise and creativity would be unleashed. America was the great embodiment and champion of this liberation.
  • The third theme was individualism. Society flourished when individuals were liberated from the shackles of society and the state, when they had the freedom to be true to themselves.
  • For his 2001 book, Moral Freedom, the political scientist Alan Wolfe interviewed a wide array of Americans. The moral culture he described was no longer based on mainline Protestantism, as it had been for generations
  • Instead, Americans, from urban bobos to suburban evangelicals, were living in a state of what he called moral freedom: the belief that life is best when each individual finds his or her own morality—inevitable in a society that insists on individual freedom.
  • moral freedom, like the other dominant values of the time, contained within it a core assumption: If everybody does their own thing, then everything will work out for everybody.
  • This was an ideology of maximum freedom and minimum sacrifice.
  • It all looks naive now. We were naive about what the globalized economy would do to the working class, naive to think the internet would bring us together, naive to think the global mixing of people would breed harmony, naive to think the privileged wouldn’t pull up the ladders of opportunity behind them
  • Over the 20 years after I sat with Kosieva, it all began to unravel. The global financial crisis had hit, the Middle East was being ripped apart by fanatics. On May 15, 2011, street revolts broke out in Spain, led by the self-declared Indignados—“the outraged.” “They don’t represent us!” they railed as an insult to the Spanish establishment. It would turn out to be the cry of a decade.
  • Millennials and members of Gen Z have grown up in the age of that disappointment, knowing nothing else. In the U.S. and elsewhere, this has produced a crisis of faith, across society but especially among the young. It has produced a crisis of trust.
  • Social trust is a generalized faith in the people of your community. It consists of smaller faiths. It begins with the assumption that we are interdependent, our destinies linked. It continues with the assumption that we share the same moral values. We share a sense of what is the right thing to do in different situations
  • gh-trust societies have what Fukuyama calls spontaneous sociability. People are able to organize more quickly, initiate action, and sacrifice for the common good.
  • When you look at research on social trust, you find all sorts of virtuous feedback loops. Trust produces good outcomes, which then produce more trust. In high-trust societies, corruption is lower and entrepreneurship is catalyzed.
  • Higher-trust nations have lower economic inequality, because people feel connected to each other and are willing to support a more generous welfare state.
  • People in high-trust societies are more civically engaged. Nations that score high in social trust—like the Netherlands, Sweden, China, and Australia—have rapidly growing or developed economies.
  • Renewal is hard to imagine. Destruction is everywhere, and construction difficult to see.
  • As the ethicist Sissela Bok once put it, “Whatever matters to human beings, trust is the atmosphere in which it thrives.”
  • During most of the 20th century, through depression and wars, Americans expressed high faith in their institutions
  • In 1964, for example, 77 percent of Americans said they trusted the federal government to do the right thing most or all of the time.
  • By 1994, only one in five Americans said they trusted government to do the right thing.
  • Then came the Iraq War and the financial crisis and the election of Donald Trump. Institutional trust levels remained pathetically low. What changed was the rise of a large group of people who were actively and poi
  • sonously alienated—who were not only distrustful but explosively distrustful. Explosive distrust is not just an absence of trust or a sense of detached alienation—it is an aggressive animosity and an urge to destroy. Explosive distrust is the belief that those who disagree with you are not just wrong but illegitimate
  • In 1997, 64 percent of Americans had a great or good deal of trust in the political competence of their fellow citizens; today only a third of Americans feel that way.
  • In most societies, interpersonal trust is stable over the decades. But for some—like Denmark, where about 75 percent say the people around them are trustworthy, and the Netherlands, where two-thirds say so—the numbers have actually risen.
  • In America, interpersonal trust is in catastrophic decline. In 2014, according to the General Social Survey conducted by NORC at the University of Chicago, only 30.3 percent of Americans agreed that “most people can be trusted,”
  • Today, a majority of Americans say they don’t trust other people when they first meet them.
  • There’s evidence to suggest that marital infidelity, academic cheating, and animal cruelty are all on the rise in America, but it’s hard to directly measure the overall moral condition of society—how honest people are, and how faithful.
  • Trust is the ratio between the number of people who betray you and the number of people who remain faithful to you. It’s not clear that there is more betrayal in America than there used to be—but there are certainly fewer faithful supports around people than there used to be.
  • Hundreds of books and studies on declining social capital and collapsing family structure demonstrate this. In the age of disappointment, people are less likely to be surrounded by faithful networks of people they can trust.
  • Black Americans have high trust in other Black Americans; it’s the wider society they don’t trust, for good and obvious reasons
  • As Vallier puts it, trust levels are a reflection of the moral condition of a nation at any given time.
  • high national trust is a collective moral achievement.
  • High national distrust is a sign that people have earned the right to be suspicious. Trust isn’t a virtue—it’s a measure of other people’s virtue.
  • Unsurprisingly, the groups with the lowest social trust in America are among the most marginalized.
  • Black Americans have been one of the most ill-treated groups in American history; their distrust is earned distrust
  • In 2018, 37.3 percent of white Americans felt that most people can be trusted, according to the General Social Survey, but only 15.3 percent of Black Americans felt the same.
  • People become trusting when the world around them is trustworthy. When they are surrounded by people who live up to their commitments. When they experience their country as a fair place.
  • In 2002, 43 percent of Black Americans were very or somewhat satisfied with the way Black people are treated in the U.S. By 2018, only 18 percent felt that way, according to Gallup.
  • The second disenfranchised low-trust group includes the lower-middle class and the working poor.
  • this group makes up about 40 percent of the country.
  • “They are driven by the insecurity of their place in society and in the economy,” he says. They are distrustful of technology and are much more likely to buy into conspiracy theories. “They’re often convinced by stories that someone is trying to trick them, that the world is against them,”
  • the third marginalized group that scores extremely high on social distrust: young adults. These are people who grew up in the age of disappointment. It’s the only world they know.
  • In 2012, 40 percent of Baby Boomers believed that most people can be trusted, as did 31 percent of members of Generation X. In contrast, only 19 percent of Millennials said most people can be trusted
  • Seventy-three percent of adults under 30 believe that “most of the time, people just look out for themselves,” according to a Pew survey from 2018. Seventy-one percent of those young adults say that most people “would try to take advantage of you if they got a chance.
  • A mere 10 percent of Gen Zers trust politicians to do the right thing.
  • Only 35 percent of young people, versus 67 percent of old people, believe that Americans respect the rights of people who are not like them.
  • Fewer than a third of Millennials say America is the greatest country in the world, compared to 64 percent of members of the Silent Generation.
  • “values and behavior are shaped by the degree to which survival is secure.” In the age of disappointment, our sense of safety went away
  • Some of this is physical insecurity: school shootings, terrorist attacks, police brutality, and overprotective parenting at home
  • the true insecurity is financial, social, and emotional.
  • By the time the Baby Boomers hit a median age of 35, their generation owned 21 percent of the nation’s wealth
  • First, financial insecurity
  • As of last year, Millennials—who will hit an average age of 35 in three years—owned just 3.2 percent of the nation’s wealth.
  • Next, emotional insecurity:
  • fewer children growing up in married two-parent households, more single-parent households, more depression, and higher suicide rates.
  • Then, identity insecurity.
  • All the traits that were once assigned to you by your community, you must now determine on your own: your identity, your morality, your gender, your vocation, your purpose, and the place of your belonging. Self-creation becomes a major anxiety-inducing act of young adulthood.
  • liquid modernity
  • Finally, social insecurity.
  • n the age of social media our “sociometers”—the antennae we use to measure how other people are seeing us—are up and on high alert all the time. Am I liked? Am I affirmed?
  • Danger is ever present. “For many people, it is impossible to think without simultaneously thinking about what other people would think about what you’re thinking,” the educator Fredrik deBoer has written. “This is exhausting and deeply unsatisfying. As long as your self-conception is tied up in your perception of other people’s conception of you, you will never be free to occupy a personality with confidence; you’re always at the mercy of the next person’s dim opinion of you and your whole deal.”
  • In this world, nothing seems safe; everything feels like chaos.
  • Distrust sows distrust. It produces the spiritual state that Emile Durkheim called anomie, a feeling of being disconnected from society, a feeling that the whole game is illegitimate, that you are invisible and not valued, a feeling that the only person you can really trust is yourself.
  • People plagued by distrust can start to see threats that aren’t there; they become risk averse
  • Americans take fewer risks and are much less entrepreneurial than they used to be. In 2014, the rate of business start-ups hit a nearly 40-year low. Since the early 1970s, the rate at which people move across state lines each year has dropped by 56 percent
  • People lose faith in experts. They lose faith in truth, in the flow of information that is the basis of modern society. “A world of truth is a world of trust, and vice versa,”
  • In periods of distrust, you get surges of populism; populism is the ideology of those who feel betrayed
  • People are drawn to leaders who use the language of menace and threat, who tell group-versus-group power narratives. You also get a lot more political extremism. People seek closed, rigid ideological systems that give them a sense of security.
  • fanaticism is a response to existential anxiety. When people feel naked and alone, they revert to tribe. Their radius of trust shrinks, and they only trust their own kind.
  • When many Americans see Trump’s distrust, they see a man who looks at the world as they do.
  • By February 2020, America was a land mired in distrust. Then the plague arrived.
  • From the start, the pandemic has hit the American mind with sledgehammer force. Anxiety and depression have spiked. In April, Gallup recorded a record drop in self-reported well-being, as the share of Americans who said they were thriving fell to the same low point as during the Great Recession
  • These kinds of drops tend to produce social upheavals. A similar drop was seen in Tunisian well-being just before the street protests that led to the Arab Spring.
  • The emotional crisis seems to have hit low-trust groups the hardest
  • “low trusters” were more nervous during the early months of the pandemic, more likely to have trouble sleeping, more likely to feel depressed, less likely to say the public authorities were responding well to the pandemic
  • Eighty-one percent of Americans under 30 reported feeling anxious, depressed, lonely, or hopeless at least one day in the previous week, compared to 48 percent of adults 60 and over.
  • Americans looked to their governing institutions to keep them safe. And nearly every one of their institutions betrayed them
  • The president downplayed the crisis, and his administration was a daily disaster area
  • The Centers for Disease Control and Prevention produced faulty tests, failed to provide up-to-date data on infections and deaths, and didn’t provide a trustworthy voice for a scared public.
  • The Food and Drug Administration wouldn’t allow private labs to produce their own tests without a lengthy approval process.
  • In nations that ranked high on the World Values Survey measure of interpersonal trust—like China, Australia, and most of the Nordic states—leaders were able to mobilize quickly, come up with a plan, and count on citizens to comply with the new rules.
  • In low-trust nations—like Mexico, Spain, and Brazil—there was less planning, less compliance, less collective action, and more death.
  • Countries that fell somewhere in the middle—including the U.S., Germany, and Japan—had a mixed record depending on the quality of their leadership.
  • South Korea, where more than 65 percent of people say they trust government when it comes to health care, was able to build a successful test-and-trace regime. In America, where only 31 percent of Republicans and 44 percent of Democrats say the government should be able to use cellphone data to track compliance with experts’ coronavirus social-contact guidelines, such a system was never really implemented.
  • For decades, researchers have been warning about institutional decay. Institutions get caught up in one of those negative feedback loops that are so common in a world of mistrust. They become ineffective and lose legitimacy. People who lose faith in them tend not to fund them. Talented people don’t go to work for them. They become more ineffective still.
  • On the right, this anti-institutional bias has manifested itself as hatred of government; an unwillingness to defer to expertise, authority, and basic science; and a reluctance to fund the civic infrastructure of society, such as a decent public health system
  • On the left, distrust of institutional authority has manifested as a series of checks on power that have given many small actors the power to stop common plans, producing what Fukuyama calls a vetocracy
  • In 2020, American institutions groaned and sputtered. Academics wrote up plan after plan and lobbed them onto the internet. Few of them went anywhere. America had lost the ability to build new civic structures to respond to ongoing crises like climate change, opioid addiction, and pandemics, or to reform existing ones.
  • In a lower-trust era like today, Levin told me, “there is a greater instinct to say, ‘They’re failing us.’ We see ourselves as outsiders to the systems—an outsider mentality that’s hard to get out of.”
  • Americans haven’t just lost faith in institutions; they’ve come to loathe them, even to think that they are evil
  • 55 percent of Americans believe that the coronavirus that causes COVID-19 was created in a lab and 59 percent believe that the U.S. government is concealing the true number of deaths
  • Half of all Fox News viewers believe that Bill Gates is plotting a mass-vaccination campaign so he can track people.
  • This spring, nearly a third of Americans were convinced that it was probably or definitely true that a vaccine existed but was being withheld by the government.
  • institutions like the law, the government, the police, and even the family don’t merely serve social functions, Levin said; they form the individuals who work and live within them. The institutions provide rules to live by, standards of excellence to live up to, social roles to fulfill.
  • By 2020, people had stopped seeing institutions as places they entered to be morally formed,
  • Instead, they see institutions as stages on which they can perform, can display their splendid selves.
  • People run for Congress not so they can legislate, but so they can get on TV. People work in companies so they can build their personal brand.
  • The result is a world in which institutions not only fail to serve their social function and keep us safe, they also fail to form trustworthy people. The rot in our structures spreads to a rot in ourselves.
  • The Failure of Society
  • The coronavirus has confronted America with a social dilemma. A social dilemma, the University of Pennsylvania scholar Cristina Bicchieri notes, is “a situation in which each group member gets a higher outcome if she pursues her individual self-interest, but everyone in the group is better off if all group members further the common interest.”
  • Social distancing is a social dilemma. Many low-risk individuals have been asked to endure some large pain (unemployment, bankruptcy) and some small inconvenience (mask wearing) for the sake of the common good. If they could make and keep this moral commitment to each other in the short term, the curve would be crushed, and in the long run we’d all be better off. It is the ultimate test of American trustworthiness.
  • While pretending to be rigorous, people relaxed and started going out. It was like watching somebody gradually give up on a diet. There wasn’t a big moment of capitulation, just an extra chocolate bar here, a bagel there, a scoop of ice cream before bed
  • in reality this was a mass moral failure of Republicans and Democrats and independents alike. This was a failure of social solidarity, a failure to look out for each other.
  • Alexis de Tocqueville discussed a concept called the social body. Americans were clearly individualistic, he observed, but they shared common ideas and common values, and could, when needed, produce common action. They could form a social body.
  • Over time, those common values eroded, and were replaced by a value system that put personal freedom above every other value
  • When Americans were confronted with the extremely hard task of locking down for months without any of the collective resources that would have made it easier—habits of deference to group needs; a dense network of community bonds to help hold each other accountable; a history of trust that if you do the right thing, others will too; preexisting patterns of cooperation; a sense of shame if you deviate from the group—they couldn’t do it. America failed.
  • The Crack-up
  • This wasn’t just a political and social crisis, it was also an emotional trauma.
  • The week before George Floyd was killed, the National Center for Health Statistics released data showing that a third of all Americans were showing signs of clinical anxiety or depression. By early June, after Floyd’s death, the percentage of Black Americans showing clinical signs of depression and anxiety disorders had jumped from 36 to 41 percent
  • By late June, American national pride was lower than at any time since Gallup started measuring, in 2001
  • In another poll, 71 percent of Americans said they were angry about the state of the country, and just 17 percent said they were proud.
  • By late June, it was clear that America was enduring a full-bore crisis of legitimacy, an epidemic of alienation, and a loss of faith in the existing order.
  • The most alienated, anarchic actors in society—antifa, the Proud Boys, QAnon—seemed to be driving events. The distrust doom loop was now at hand.
  • The Age of Precarity
  • Cultures are collective responses to common problems. But when reality changes, culture takes a few years, and a moral convulsion, to completely shake off the old norms and values.
  • The culture that is emerging, and which will dominate American life over the next decades, is a response to a prevailing sense of threat.
  • This new culture values security over liberation, equality over freedom, the collective over the individual.
  • From risk to security.
  • we’ve entered an age of precarity in which every political or social movement has an opportunity pole and a risk pole. In the opportunity mentality, risk is embraced because of the upside possibilities. In the risk mindset, security is embraced because people need protection from downside dangers
  • In this period of convulsion, almost every party and movement has moved from its opportunity pole to its risk pole.
  • From achievement to equality
  • In the new culture we are entering, that meritocratic system looks more and more like a ruthless sorting system that excludes the vast majority of people, rendering their life precarious and second class, while pushing the “winners” into a relentless go-go lifestyle that leaves them exhausted and unhappy
  • Equality becomes the great social and political goal. Any disparity—racial, economic, meritocratic—comes to seem hateful.
  • From self to society
  • If we’ve lived through an age of the isolated self, people in the emerging culture see embedded selves. Socialists see individuals embedded in their class group. Right-wing populists see individuals as embedded pieces of a national identity group. Left-wing critical theorists see individuals embedded in their racial, ethnic, gender, or sexual-orientation identity group.
  • The cultural mantra shifts from “Don’t label me!” to “My label is who I am.”
  • From global to local
  • When there is massive distrust of central institutions, people shift power to local institutions, where trust is higher. Power flows away from Washington to cities and states.
  • From liberalism to activism
  • enlightenment liberalism, which was a long effort to reduce the role of passions in politics and increase the role of reason. Politics was seen as a competition between partial truths.
  • Liberalism is ill-suited for an age of precarity. It demands that we live with a lot of ambiguity, which is hard when the atmosphere already feels unsafe. Furthermore, it is thin. It offers an open-ended process of discovery when what people hunger for is justice and moral certainty.
  • liberalism’s niceties come to seem like a cover that oppressors use to mask and maintain their systems of oppression. Public life isn’t an exchange of ideas; it’s a conflict of groups engaged in a vicious death struggle
  • The cultural shifts we are witnessing offer more safety to the individual at the cost of clannishness within society. People are embedded more in communities and groups, but in an age of distrust, groups look at each other warily, angrily, viciously.
  • The shift toward a more communal viewpoint is potentially a wonderful thing, but it leads to cold civil war unless there is a renaissance of trust. There’s no avoiding the core problem. Unless we can find a way to rebuild trust, the nation does not function.
  • How to Rebuild Trust
  • Historians have more to offer, because they can cite examples of nations that have gone from pervasive social decay to relative social health. The two most germane to our situation are Great Britain between 1830 and 1848 and the United States between 1895 and 1914.
  • In both periods, a highly individualistic and amoral culture was replaced by a more communal and moralistic one.
  • But there was a crucial difference between those eras and our own, at least so far. In both cases, moral convulsion led to frenetic action.
  • As Robert Putnam and Shaylyn Romney Garrett note in their forthcoming book, The Upswing, the American civic revival that began in the 1870s produced a stunning array of new organizations: the United Way, the NAACP, the Boy Scouts, the Forest Service, the Federal Reserve System, 4-H clubs, the Sierra Club, the settlement-house movement, the compulsory-education movement, the American Bar Association, the American Legion, the ACLU, and on and on
  • After the civic revivals, both nations witnessed frenetic political reform. During the 1830s, Britain passed the Reform Act, which widened the franchise; the Factory Act, which regulated workplaces; and the Municipal Corporations Act, which reformed local government.
  • The Progressive Era in America saw an avalanche of reform: civil-service reform; food and drug regulation; the Sherman Act, which battled the trusts; the secret ballot; and so on. Civic life became profoundly moralistic, but political life became profoundly pragmatic and anti-ideological. Pragmatism and social-science expertise were valued.
  • Can America in the 2020s turn itself around the way the America of the 1890s, or the Britain of the 1830s, did? Can we create a civic renaissance and a legislative revolution?
  • I see no scenario in which we return to being the nation we were in 1965, with a cohesive national ethos, a clear national establishment, trusted central institutions, and a pop-culture landscape in which people overwhelmingly watch the same shows and talked about the same things.
  • The age of distrust has smashed the converging America and the converging globe—that great dream of the 1990s—and has left us with the reality that our only plausible future is decentralized pluralism.
  • The key to making decentralized pluralism work still comes down to one question: Do we have the energy to build new organizations that address our problems, the way the Brits did in the 1830s and Americans did in the 1890s?
  • social trust is built within organizations in which people are bound together to do joint work, in which they struggle together long enough for trust to gradually develop, in which they develop shared understandings of what is expected of each other, in which they are enmeshed in rules and standards of behavior that keep them trustworthy when their commitments might otherwise falter.
  • Over the past 60 years, we have given up on the Rotary Club and the American Legion and other civic organizations and replaced them with Twitter and Instagram. Ultimately, our ability to rebuild trust depends on our ability to join and stick to organizations.
  • Whether we emerge from this transition stronger depends on our ability, from the bottom up and the top down, to build organizations targeted at our many problems. If history is any guide, this will be the work not of months, but of one or two decades.
  • For centuries, America was the greatest success story on earth, a nation of steady progress, dazzling achievement, and growing international power. That story threatens to end on our watch, crushed by the collapse of our institutions and the implosion of social trust
  • But trust can be rebuilt through the accumulation of small heroic acts—by the outrageous gesture of extending vulnerability in a world that is mean, by proffering faith in other people when that faith may not be returned. Sometimes trust blooms when somebody holds you against all logic, when you expected to be dropped.
  • By David Brooks
Javier E

The Young Left Is a Third Party - The Atlantic - 0 views

  • Americans 55 and up account for less than one-third of the population, but they own two-thirds of the nation’s wealth, according to the Federal Reserve. That’s the highest level of elderly wealth concentration on record. The reason is simple: To an unprecedented degree, older Americans own the most valuable real estate and investment portfolios. They’ve captured more than 80 percent of stock-market growth since the end of the Great Recession.
  • under the age of 40, for their part, are historically well educated, historically peaceful, and historically law-abiding
  • “In the U.S, as in the U.K. and in much of Europe, 2008 was the end of the end of history,” says Keir Milburn, the author of Generation Left, a book on young left-wing movements. “The last decade in the U.K. has been the worst decade for wage growth for 220 years. In the U.S., this generation is the first in a century that expects to have lower lifetime earnings than their parents. It has created an epochal shift.”
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  • Young Americans demanding more power, control, and justice have veered sharply to the left. This lurch was first evident in the two elections of Barack Obama, when he won the youth vote by huge margins
  • Obama won about 60 percent of voters younger than 30 in the 2008 primary. Bernie Sanders won more than 70 percent of under-30 voters in the 2016 primary, which pushed Hillary Clinton to the left and dragged issues like Medicare for All and free college from the fringe to the mainstream of political debate.
  • Joe Biden polled at 2 percent among voters under 30, within the margin of error of zero. Nationally, he is in single digits among Millennials, the generation born between 1981 and 1996. Yet Biden is the Democratic front-runner for the 2020 presidential nomination, thanks to his huge advantage among old voters and black voters, who are considerably more moderate than younger Democrats.
  • Bernie Sanders, by contrast, leads all candidates among voters under 30 and polls just 5 percent among voters over 65
  • justice: Social justice, sought through a reappraisal of power relationships in social and corporate life, and economic justice, sought through the redistribution of income from the rich to the less fortunate.
  • age—perhaps even more than class or race—is now the most important fault line within the Democratic Party. 2c 2c 2c 2c 2c 2c 2c 2c 2c
  • It might be most useful to think about 2cyoung progressives as a third party trapped in a two-party system.
  • they are a powerful movement politically domiciled within a larger coalition of moderate older minorities and educated suburbanites, who don’t always know what to do with their rambunctious bunkmates.
  • this progressive third party’s platform look like?
  • age divides young leftists from both Republicans and Democrats. Democrats under 30 have almost no measurable interest in the party’s front-runner. Democrats over 65 have almost no measurable interest in the favored candidate of the younger generation.
  • This group’s support for Medicare for All, free college, and student-debt relief is sometimes likened to a “give me free stuff” movement.
  • every movement wants free stuff, if by free stuff one means “stuff given preferential treatment in the tax code.” By this definition, Medicare is free stuff, and investment income is free stuff, and suburban home values propped up by the mortgage-interest deduction are free stuff. The free stuff in the tax code today benefits Americans with income and wealth—a population that is disproportionately old.
  • Medicare for All might be politically infeasible, but it is, taken literally, a request that the federal government extend to the entire population the insurance benefits now exclusively reserved for the elderly. That’s not hatred or resentment; it sounds more like justice.
  • across ethnicities, many Americans have a deep aversion to anything that can be characterized as “political correctness” or “socialism.”
  • this might be the biggest challenge for the young progressive agenda
  • While Medicare for All often polls well, its public support is exquisitely sensitive to framing. According to the Kaiser Family Foundation, the net favorability of eliminating private insurance or requiring most Americans to pay more in taxes—both part of the Sanders plan—is negative-23 points.
  • The young left’s deep skepticism toward capitalism simply isn’t shared by previous generations.
  • Gen X is firmly pro-capitalist and Baby Boomers, who came of age during the Cold War, prefer capitalism over socialism by a two-to-one margin.
  • Social Security and Medicare are, essentially, socialism for the old, but that’s not the same as converting them into Berniecrats.)
  • “This is only the halfway point of an epochal change in Western politics following the Great Recession,” Keir Milburn says. The far right has responded with calls for xenophobic nationalism to preserve national identity, while the left has responded with calls for social democracy to restore socioeconomic justice
  • the far right is ascendant, but they have no answer to the future because they’ve given up on the future. The young left has identified that the future of adulthood no longer feels viable to many people, and it’s putting together a different vision.”
clairemann

Justices to weigh Kentucky attorney general's effort to intervene in abortion battle - ... - 0 views

  • When then-President Donald Trump released his updated list of potential Supreme Court nominees in September 2020, one name that garnered attention was that of Kentucky Attorney General Daniel Cameron
  • The case, Cameron v. EMW Women’s Surgical Center, arises from a challenge to a Kentucky law, H.B. 454, that generally makes it a crime for doctors to use the “dilation and evacuation” method, the procedure most commonly employed to end a pregnancy during the second trimester.
  • They argued that, because the law effectively outlaws the most common procedure used during the second trimester, it imposes an undue burden on the right to an abortion before the fetus becomes viable – normally somewhere between 22 and 24 weeks.
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  • The district court agreed with the challengers that the law is unconstitutional, and it permanently blocked Kentucky from enforcing the law.
  • A divided 6th Circuit panel turned down Cameron’s request to join the case. It explained that Cameron’s plea had come “years into” the case, after both the district court’s ruling and the 6th Circuit’s opinion upholding that ruling. Granting a motion to intervene after the court of appeals has already issued its opinion, the court reasoned, would “provide potential intervenors every incentive to sit out litigation untill we issue a decision contrary to their preferences, whereupon they can spring into action.”
  • Cameron went to the Supreme Court in October 2020, asking the justices to weigh in on whether he should have been allowed to intervene and, if so, to send the case back to the lower courts for another look in light of their June 2020 decision in June Medical. In March 2021, the court agreed to take up only the procedural question.
  • In the Supreme Court, Cameron framed the case as a “dispute about a State’s sovereign ability to defend its laws.”
  • The attorney general’s office can’t enter the case now, the clinic wrote, because the office didn’t file a notice of appeal from the district court’s 2019 ruling. Allowing Cameron to intervene in the 6th Circuit in 2020, the clinic told the justices, “would create an impermissible end-run around Congress’s express statutory limits on appellate jurisdiction.”
  • there is no reason to disturb the denial of that motion by the court of appeals.
  • Arizona and 22 other states filed a “friend of the court” brief supporting Cameron in which they described the question presented by the case as one “of profound substantive importance to our democratic system of governance.” “States,” they wrote, “have a compelling and indisputable sovereign interest in defending the constitutionality of their laws when challenged in federal court.”
criscimagnael

New Rule Makes Thousands of Federal Inmates Eligible for Release - The New York Times - 0 views

  • Thousands of federal inmates will become eligible for release this week under a rule the Justice Department published on Thursday that allows more people to participate in a program that allows prisoners to earn shorter jail terms.
  • As part of those guidelines, the Federal Bureau of Prisons has begun transferring eligible inmates to supervised release programs, residential re-entry centers or home confinement.
  • The rule, together with a decision by the department last month that well-behaved inmates released to home confinement during the pandemic would not have to return to prison, is a major step toward overhauling and shrinking the federal prison system,
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  • The measure expands job training and other efforts aimed at reducing recidivism, expands early-release programs and modifies sentencing laws.
  • The law gave the Justice Department and the Bureau of Prisons leeway in interpreting some aspects of its implementation, including whether credits for good behavior and job training accrued before the law was passed could be used to apply for early release.
  • Critics argued that the proposed rule did not accurately reflect the intent of the lawmakers who had drafted the bill, and that it kept thousands of people behind bars who should be immediately released.
  • Last May, Senators Richard J. Durbin, Democrat of Illinois and the chairman of the Senate Judiciary Committee, and Charles E. Grassley of Iowa, the panel’s top Republican, pressed the Justice Department and the Bureau of Prisons to revise the proposed rule.
  • They said that it included limitations that were not part of the act, and penalties that were unduly harsh.
  • In the guidelines announced Thursday, the Justice Department said inmates could apply credits that had been earned as far back as Dec. 21, 2018, when the First Step Act was enacted, subject to the Bureau of Prisons determining eligibility.
  • Justice Action Network, a bipartisan criminal justice reform group, said that the new guidelines could result in the release of as many people as were freed immediately after passage of First Step Act, which was more than 3,100. The home confinement decision had already affected about 2,800 inmates. There are 157,596 federal inmates, according to the Bureau of Prisons.
Javier E

The Death of Aaron Swartz - Clive Crook - The Atlantic - 0 views

  • By and large, American prosecutors no longer fight their cases at trial. The new dispensation is justice by plea bargain. The more savage the penalties prosecutors can threaten, the more likely the defendant (guilty or innocent) is to speed things along by pleading guilty and accepting a light penalty.
  • In my conception of criminal justice, the prosecutor's role is to establish guilt, not pass sentence. Juries have already been substantially dispensed with in this country. (By substantially, I mean in 97 percent of cases.) If prosecutors are not only going to rule on guilt unilaterally but also, in effect, pass sentence as well, one wonders why we can't also dispense with judges.
  • In recent years, as the Wall Street Journal has documented in a disturbing series of articles, Congress has enabled prosecutorial intimidation by criminalizing ever more conduct, passing laws that provide for or require extreme sentences, and reducing the burden of proof (through expanded application of "strict liability", where lack of criminal intent is no defense).
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  • "There is no one in the United States over the age of 18 who cannot be indicted for some federal crime," said John Baker, a retired Louisiana State University law professor... "That is not an exaggeration."
  • In this system, everything depends on the moderation and good sense of prosecutors. We see how well that worked in the Swartz case. Most no doubt strive to live up to those standards, but what about the ones that don't? Where's the accountability? What about crusaders for "justice" with half their minds on their next career in politics?
  • I'm surprised that Americans aren't more alarmed by the workings of their criminal justice system
Javier E

Where the Left Went Wrong-and How It Can Win Again - The Atlantic - 0 views

  • The full book contains criticism for the political left as earnestly constructive and thoughtfully formulated as any I have encountered
  • Rorty argued that an ascendant strain of postmodern Leftism with its roots in the academy has tended “to give cultural politics preference over real politics, and to mock the very idea that democratic institutions might once again be made to serve social justice.”
  • This Left is more likely to participate in a public shaming than to lobby for a new law; it is more likely to mobilize to occupy a park or shut down a freeway than to register voters. It “exaggerates the importance of philosophy for politics, and wastes its energy on sophisticated theoretical analyses of the significance of current events.”
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  • Rorty sympathizes with the reasons that an ascendant Leftist faction lost faith in American institutions. He is as horrified as they are by the historic treatment of indigenous people and African Americans, and by America’s behavior in the Vietnam War.
  • But like John Dewey, he rejects self-loathing as “a luxury which agents––either individuals or nations––cannot afford,” and finds other aspects of American history and national character to celebrate.
  • Today’s Left would more effectively advance social justice if its adherents possessed a historical memory that extended farther back than the 1960s, he argued, to a movement more than a century old “that has served human liberty well.” It would help, for example, “if students became as familiar with the Pullman Strike, the Great Coalfield War, and the passage of the Wagner Act as with the march from Selma, Berkeley free-speech demonstrations, and Stonewall.”
  • If more Leftists saw themselves as part of that history, with all its achievements, they might continue to lament that “America is not a morally pure country,” but might better understand that “no country ever has been or ever will be,” and that no country will ever have “a morally pure, homogeneous Left” to bring about social justice.
  • he criticizes the identity politics of the left for developing a politics “more about stigma than about money, more about deep and hidden psychosexual motivations than about shallow and evident greed,” because many of the dispossessed are thereby ignored.
  • Surveying academia, for example, he observes that “nobody is setting up a program in unemployed studies, homeless studies, or trailer-park studies, because the unemployed, the homeless, and residents of trailer parks are not the ‘other’ in the relative sense. To be other in this sense you must bear an ineradicable stigma, one which makes you a victim of socially accepted sadism rather than merely of economic selfishness.”
  • For Rorty, a Left that neglects victims of economic selfishness will not only fail; its neglect of class will trigger a terrible backlash that ultimately ill-serve the very groups that Leftist identity politics are intended to help. “The gains made in the past forty years by black and brown Americans, and by homosexuals, will very likely be wiped out,” he worried. “Jocular contempt for women will come back into fashion. The words ‘nigger’ and ‘kike’ will once again be heard in the workplace. All the sadism which the academic Left has tried to make unacceptable to its students will come flooding back. All the resentment which badly educated Americans feel about having their manners dictated to them by college graduates will find an outlet.”
  • To avoid that future, to compete in national politics, Rorty believed that the Left would have to find a way to better address the consequences of globalization, and that it could only do so by “opening relations with the residue of the old reformist Left, and in particular with the labor unions.
  • What’s more, the Left “would have to talk much more about money, even at the cost of talking less about stigma.” In service of that transition, he advised the Left to “put a moratorium on theory … to kick its philosophy habit” and  to “try to mobilize what remains of our pride in being Americans.”
  • The contemporary academic Left seems to think that the higher your level of abstraction, the more subversive of the established order you can be. The more sweeping and novel your conceptual apparatus, the more radical your critique…
  • it is almost impossible to clamber back down from their books to a level of abstraction on which one might discuss the merits of a law, a treaty, a candidate, or a political strategy.
  • disengagement from practical politics “produces theoretical hallucinations,” he added. “The cultural Left is haunted by ubiquitous specters, the most frightening of which is called ‘power.’” This obsession with power elicited scathing words:
  • in committing itself to what it calls “theory,” this Left has gotten something which is entirely too much like religion. For the cultural Left has come to believe that we must place our country within a theoretical frame of reference, situate it within a vast quasi-cosmological perspective.
  • The cultural Left often seems convinced that the nation-sate is obsolete, and that there is therefore no point in attempting to revive national politics. The trouble with this claim is that the government of our nation-state will be, for the foreseeable future, the only agent capable of making any real difference in the amount of selfishness and sadism inflicted on Americans.
  • This Left will have to stop thinking up ever more abstract and abusive names for “the system” and start trying to construct inspiring images of the country. Only by doing so can it begin to form alliances with people outside the academy—and, specifically, with the labor unions
  • Outside the academy, Americans still want to feel patriotic. They still want to feel part of a nation which can take control of its destiny and make itself a better place … Nothing would do more to resurrect the American Left than agreement on a concrete political platform, a People’s Charter, a list of specific reforms.
  • Instead, “the cultural Left has a preference for talking about ‘the system’ rather than specific social practices and specific changes. The rhetoric of this Left remains revolutionary rather than reformist and pragmatic.
  • its abandonment of the melting-pot approach to racial justice, its substitution of multiculturalism, has destroyed the solidarity needed to advance justice in any manner
  • The pre-Sixties reformist Left, insofar as it concerned itself with oppressed minorities, did so by proclaiming that all of us—black, white, and brown—are Americans, and that we should respect one another as such. This strategy gave rise to the “platoon” movies, which showed Americans of various ethnic backgrounds fighting and dying side by side.
  • the contemporary cultural Left urges that America should not be a melting-pot, because we need to respect one another in our differences. This Left wants to preserve otherness rather than to ignore it… If the Cultural left insists on continuing its present strategy––on asking us to respect one another in our differences rather than asking us to cease noting those differences––then it will have to find a new way of creating a sense of commonality at the level of national politics. For only a rhetoric of commonality can forge a winning majority in national elections.
  • The cultural Left has a vision of an America in which the white patriarchs have stopped voting and have left all the voting to be done by members of previously victimized groups, people who have somehow come into possession of more foresight and imagination than the selfish suburbanites.
  • These formerly oppressed and newly powerful people are expected to be as angelic as the straight white males were diabolical. If I shared this expectation, I too would want to live under this new dispensation. Since I see no reason to share it. I think that the Left should get back into the business of piecemeal reform within the framework of a market economy.
  • This was the business the American Left was in during the first two-thirds of the century.
  • Our national character is still in the making. Few in 1897 would have predicted the Progressive Movement, the forty-hour week, Women’s Suffrage, the New Deal, the Civil Rights Movement, the successes of second-wave feminism, or the Gay Rights Movement. Nobody in 1997 can know that America will not, in the course of the next century, witness even greater moral progress.
rerobinson03

Garland, at Confirmation Hearing, Vows to Fight Domestic Extremism - The New York Times - 0 views

  • udge Garland, who led the Justice Department’s prosecution of the Oklahoma City bombing, told the Senate Judiciary Committee on the first day of his confirmation hearings that the early stages of the current inquiry into the “white supremacists and others who stormed the Capitol” seemed to be aggressive and “perfectly appropriate.”
  • “Communities of color and other minorities still face discrimination in housing, education, employment and the criminal justice system,” Judge Garland said in his opening statement. But he said he did not support the call from some on the left that grew out of this summer’s civil rights protests to defund the police.
  • In addition to an immediate briefing on the investigation, he said he would “give the career prosecutors who are working on this manner 24/7 all the resources they could possibly require.”Battling extremism is “central” to the Justice Department’s mission, and has often overlapped with its mission to combat systemic racism, as with its fight against the Ku Klux Klan, Judge Garland said.
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  • Republicans focused primarily on two politically charged investigations from the Trump era: a federal tax investigation into Mr. Biden’s son Hunter Biden, and the work of a special counsel, John H. Durham, to determine whether Obama-era officials erred in 2016 when they investigated Trump campaign officials and their ties to Russia.
  • Judge Garland has sterling legal credentials, a reputation as a moderate and a long history of service at the Justice Department. After clerking for Justice William J. Brennan Jr., he worked as a federal prosecutor for the U.S. attorney’s office in Washington under President George H.W. Bush and was chosen by Jamie Gorelick, the deputy attorney general under President Bill Clinton, to serve as her top deputy.
  • Judge Garland was for the most part measured and even-tempered, but he became emotional when he described his family’s flight from anti-Semitism and persecution in Eastern Europe and asylum in America.
Javier E

White Evangelicals on Black Lives Matter and Racism - The Atlantic - 0 views

  • As the writer Jemar Tisby recently detailed in his book The Color of Compromise, white Christian leaders have promoted and excused racial bigotry throughout American history. Theologians made biblical arguments to justify slavery. Prominent southern pastors urged “moderation” in debates about segregation during the civil-rights era
  • As early as 1995, the Southern Baptist Convention passed a resolution condemning the denomination’s role in promoting racial bigotry and apologizing to “all African Americans” for condoning “individual and systemic racism in our lifetime,” whether “consciously or unconsciously.” Southern Baptist leaders have continued to push conversations on what they call racial reconciliation in recent years, and other denominations have made similar efforts.
  • conversations about race among evangelicals are often clouded by disagreements over where the line between racial reconciliation and political activism actually lies
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  • When J. D. Greear, the North Carolina pastor who currently serves as president of the denomination, recently recorded a video calling on Christians to say “Black lives matter,” he was careful to clarify that he and his church do not endorse any Black Lives Matter organizations. “The movement, and the website, has been hijacked by some political operatives whose worldview and policy prescriptions would be deeply at odds with my own,
  • Certain kinds of political activism are widely accepted in the evangelical world. “We’ll have sanctity-of-life Sunday, speaking about the great evil of abortion—which I’m on board with, amen,” Pinckney said. But “that same clarity seems very complicated when it comes to issues of race.”
  • In 2018, a group of pastors led by John MacArthur, an influential white megachurch pastor in California, signed a statement decrying “social justice” and arguing against “postmodern ideologies derived from intersectionality, radical feminism, and critical race theory.” It condemned “political or social activism” as not being “integral components of the gospel or primary to the mission of the church.”
  • Even the language of what constitutes “justice” is controversial among evangelicals
  • “If it’s just a social-justice thing or a cultural thing, it’s easy to dismiss, because that bases the conversation in ideology,”
  • White pastors aggressively enforce the boundaries of acceptable conversations on racism, weaponizing any position that bears even a whiff of progressive politics and slapping labels such as “social justice” and “cultural marxism” on arguments about systemic injustice.
  • at the peak of the protests against Floyd’s death, Louie Giglio, the Atlanta megachurch pastor, said in an onstage conversation with the popular hip-hop artist Lecrae and Chick-fil-A CEO Dan Cathy that the term white privilege should be replaced with white blessing to “get over the phrase” that shuts down conversations on racism.
  • In recent weeks, as the country has confronted the deaths of George Floyd, Ahmaud Arbery, Breonna Taylor, and other victims of racist violence, white pastors have put out statements and hosted Sunday-morning conversations about the scourge of bigotry in our nation. Yet even these good-faith efforts often indulge “the empty sentimentality that people associate with racism,” Pinckney said, and focus on individual relationships and behaviors: “We need to love each other, to treat each other well.”
  • This is no accident. “Evangelical theology tends to be very personal, highly relational, and therefore, engaging issues of systems and structures becomes incredibly difficult,”
  • Many white evangelicals may be on board with the idea of banishing racism from their heart, but may not be ready to confront the policy issues, such as racist policing, that enable the kind of violence that killed George Floyd. As of 2018, 71 percent of white evangelicals believed that incidents of police officers killing Black men are isolated and not part of a broader pattern
  • “A mainly intrapersonal, friendship-based reconciliation [is] virtually powerless to change the structural and systemic inequalities along racial lines in this country,”
  • the aftermath of George Floyd’s death is not necessarily a turning point in how white evangelicals think about race, several Black leaders I spoke with argued. “About every four to five years, there’s a larger national-level racial conversation, and many churches will make some gesture at that,” Jao told me. “Then they don’t speak on it again, don’t notice the things that are happening locally or nationally, until the next major explosion.
  • One test of the effects of this summer’s protests is whether they will shift conversations about race and policing in conservative political circles. Nearly one-third of white people in the United States identify as evangelicals, and a strong majority of this group is Republican. White Christians are distinctively positioned to push politicians to take this issue seriously.
Javier E

Opinion | How Long Can Democracy Survive QAnon and Its Allies? - The New York Times - 0 views

  • “The central weakness of our political system now is the Republican Party,” Daniel Ziblatt, a political scientist at Harvard, said in an interview with Vox on Jan. 13, a week after the storming of the Capitol.
  • “The American Republican Party looks like a European far-right party,” Ziblatt continued. “But the big difference between the U.S. and a lot of these European countries is that the U.S. only has two parties and one of them is like a European far-right party. If the G.O.P. only controlled 20 percent of the legislature, like you see in a lot of European countries, this would be far less problematic — but they basically control half of it.”
  • A central question, then, is how distant from the rest of the American electorate the voters who align themselves with the radical wing of the Republican Party are.
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  • They found that “at least 60 percent of them are white, Christian and male. Further, around half are retired, over 65 years of age, and earn at least $50K per year. Finally, roughly 30 percent have at least a college degree.” More than 50 percent were born at a time of white hegemony, before the civil rights and women’s rights movements and the sexual revolution.
  • whether Trump “bears responsibility for the Capitol riot.” They found that “barely 30 percent of these respondents believe Trump bears any responsibility whatsoever,” and, of those, more than half said Trump bears “a little” responsibility.
  • Not only are these voters partisan, the authors note, but “when we asked our respondents about whether or not they agreed with Trump’s fraud claims, 98 percent believed them valid.”
  • “75 percent of Americans believe that Trump bears at least some responsibility” for the Jan. 6 mob attack on Congress. Among all Republicans, “this figure declines significantly to 52 percent.”
  • These MAGA supporters, who were recruited after signaling sympathy for the movement on Facebook, were rock-solid Republicans, Blum and Parker found, voting at or near 100 percent for the party’s House and Senate candidates in 2018 and 2020, and for Trump last year. They are far more engaged in politics — contributing money, going to meetings and volunteering — than the average American. “By any metric, this group appears committed to the political process,” Blum and Parker wrote.
  • Should Trump be “charged with the crime of inciting a riot?” All adults: yes 54, no 43. Republicans: yes 12, no 84.
  • Along similar lines, a Washington Post/ABC News survey taken Jan. 10-13 demonstrated how the views of a majority of Republicans stand far apart from the views of a majority of Americans.
  • Asked if Trump has acted “responsibly” or “irresponsibly” since the Nov. 3 election, the 1002 adults polled chose “irresponsibly” by 66-30. Republicans, in contrast, chose “responsibly” by 66-29.
  • It would come at a cost: more government instability as potential coalition allies jockey over cabinet posts, a particular issue or a budget item. It would also give the far ends of the political spectrum continuous formal representation in the political system. The Trumps could more easily realize their goal of becoming the Le Pens of America.
  • Using their accusations almost as a lingua franca, a way to identify the like-minded, MAGA partisans and followers of QAnon signal one another by alleging that pedophile rings seek to wrest control of government or by alleging that school shootings were staged by leftists to win passage of gun control. They evoke a world in which unknown forces pull the levers of government, where nothing is as it seems to be. Professing your belief in claims like these attests to MAGA loyalties while expressing — in an arcane, politicized shorthand — your fervent opposition to liberalism and racial and cultural change
  • In contrast, they wrote, “roughly 95 percent of MAGA supporters believe Antifa — the left wing protest group — bears some responsibility for the riots,” with more than 85 percent agreeing that Antifa bears “a great deal” or “a lot” of responsibility.
  • Drutman wrote that he has “come to realize how much of an existential threat the current Republican Party is to the continuation of America democracy.” A two-party democracy cannot survive “for very long if one of two dominant parties gives up on the foundational institution of democracy: free and fair elections, in which all votes count equally.”
  • I’ve also come to appreciate how much democracy depends on a conservative party that believes in democracy, and thus how important it is to create electoral institutions in this moment that will allow the currently-marginalized small “l” liberal Republicans to separate from the MAGA wing of the party and still win some representation in the Congress.
  • Proportional representation, he argued “is the only way to break up the current Republican coalition and free the pro-democracy forces within the Republican Party to compete on their own.”
  • Representative Don Beyer, Democrat of Virginia, plans to reintroduce The Fair Representation Act, which would, if enacted, put into place many of the reforms Drutman supports. Beyer wrote on his website that the measurewould move U.S. House elections into multi-member districts drawn by independent redistricting commissions and elected through ranked choice voting. The multi-member districts would be effective in states apportioned six or more seats in the House, and would elect three to five Representatives each, depending on the size of the state. Taken together, these three measures would incentivize congressional candidates to appeal to a broader range of voters.
  • Pippa Norris, a political scientist at Harvard who examined different levels of dissatisfaction in democratic countries in “Is Western Democracy Backsliding?” finds evidence supportive of Drutman’s argument:Parliamentary democracies with PR elections and stable multiparty coalition governments, typical of the Nordic region, generate a broader consensus about welfare policies addressing inequality, exclusion, and social justice, and this avoids the adversarial winner-take-all divisive politics and social inequality more characteristic of majoritarian systems.
  • I would prefer ranked-choice voting with some multi-member districts for state and national legislatures, and proportional representation (by state popular vote, not by Congressional district which are already gerrymandered) for the Electoral College.” These, she wrote, “could all be accomplished with just legislative change, no constitutional amendments.
  • Stephen Ansolabehere, a political scientist at Harvard, said by email that “a PR system would be political suicide for the parties.” Why, he asked, “would either party — let alone both — want to change?”
  • Several political scholars and strategists argue that the fault lies in our political system, that the unique way America has combined its government structure with the mechanics of its elections serves to exacerbate conflict in a deeply polarized country. These scholars have produced a variety of proposals, many involving the creation of multi-member congressional districts and the encouragement of proportional representation to replace the current single district, winner-take-all system.
  • a separate 2019 survey by Echelon Insights, a survey research firm, that asked voters “Suppose the Democratic and Republican Parties were replaced by a new set of political parties. Which of these parties would you be most likely to support?”
  • A center-left party committed to putting “the middle class first, pass universal health insurance, strengthen labor unions, and raise taxes on the wealthy to support programs for those less well off” amassed 28 percent.A green party with a platform calling for passage of “a Green New Deal to build a carbon-free economy with jobs for all, break up big corporations, end systemic inequality, and promote social and economic justice” picked up 10 percent.
  • A traditional-right party, committed to “defend the American system of free enterprise, promote traditional family,” won 21 percent.A culturally liberal and globalist party with a platform committed to “advance social progress including women’s rights and LGBTQ rights, to work with other countries through free trade and diplomacy, to cut the deficit, and reform capitalism with sensible regulation” gathered 12 percent.
  • The firm gave respondents five choices,A nationalist-right party promising to “stop illegal immigration, put America First, stand up to political correctness” attracted 19 percent.
izzerios

Comey Letter on Clinton Email Is Subject of Justice Dept. Inquiry - The New York Times - 0 views

  • James B. Comey, the F.B.I. director, to inform Congress about a new review in the Hillary Clinton email investigation — a move Mrs. Clinton has said cost her the election.
  • The inspector general’s office said the investigation had come in response to complaints from members of Congress and the public about actions by the F.B.I. and the Justice Department during the campaign that might be seen as politically motivated.
  • decision by Mr. Comey’s to write two letters on the email matter within 11 days of the election, creating a wave of damaging news stories about the controversy late in the campaign.
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  • In the end, the new emails that the F.B.I. reviewed
  • proved irrelevant.
  • Both Democratic and Republican administrations have interpreted that policy broadly to prohibit taking any steps that might even hint at an impression of partisanship.
  • Mr. Horowitz has the authority to recommend a criminal investigation if he finds evidence of illegality
  • there has been no suggestion that Mr. Comey’s actions were unlawful
  • The Justice Department and the F.B.I. have a longstanding policy against discussing criminal investigations
  • Michael Horowitz, said he would also be examining other issues, including whether the deputy director of the F.B.I., whose wife ran as a Democrat for the Virginia State Senate, should have recused himself from any involvement in the Clinton email investigation
  • It is extraordinarily rare for the inspector general to publicly disclose its investigations, particularly in such detail
  • Mr. Comey’s actions attracted criticism from members of both parties.
  • Donald J. Trump, on the other hand, accused him of being part of a rigged system because the F.B.I. cleared Mrs. Clinton of criminal liability
  • Since the election, Mr. Trump has not indicated whether he intends to keep Mr. Comey in his job
  • “This is highly encouraging and to be expected, given Director Comey’s drastic deviation from Justice Department protocol. A probe of this sort, however long it takes to conduct, is utterly necessary in order to take the first step to restore the F.B.I.’s reputation as a nonpartisan institution.”
  • also investigating whether the Justice Department’s top congressional liaison, Peter Kadzik, had improperly provided information to the Clinton campaign.
  • WikiLeaks showed that Mr. Kadzik alerted the campaign about an upcoming congressional hearing that would most likely raise questions about Mrs. Clinton.
  • The bureau., which usually keeps its distance from presidential campaigns, found itself much more centrally involved this time because of its yearlong investigation into Mrs. Clinton’s use of private email server.
  • Mr. Comey announced that the F.B.I. would not seek criminal charges against Mrs. Clinton. But he said she had been “extremely careless” in her handling of sensitive national security information during her time as secretary of state, from 2009 to 2013.
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