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Javier E

How Emergent BioSolutions Put an 'Extraordinary Burden' on the U.S.'s Troubled Stockpil... - 0 views

  • Government purchases for the Strategic National Stockpile, the country’s emergency medical reserve where such equipment is kept, have largely been driven by the demands and financial interests of a handful of biotech firms that have specialized in products that address terrorist threats rather than infectious disease.
  • “Today, I think, we would not allow anthrax to take up half the budget for a guaranteed supply of vaccines,” he said, adding, “Surely after such a calamity as the last year, we should take a fresh look at stockpiles and manufacturing and preparing for the next pandemic.”
  • Under normal circumstances, Emergent’s relationship with the federal stockpile would be of little public interest — an obscure contractor in an obscure corner of the federal bureaucracy applying the standard tools of Washington, like well-connected lobbyists and campaign contributions, to create a business heavily dependent on taxpayer dollars.
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  • Security concerns, moreover, keep most information about stockpile purchases under wraps. Details about the contracts and inventory are rarely made public, and even the storage locations are secret.
  • Former Emergent employees, government contractors, members of Congress, biodefense experts and current and former officials from agencies that oversee the stockpile described a deeply dysfunctional system that contributed to the shocking shortages last year.
  • Purchases are supposed to be based on careful assessments by government officials of how best to save lives, but many have also been influenced by Emergent’s bottom line
  • The stockpile has long been the company’s biggest and most reliable customer for its anthrax vaccines, which expire and need to be replaced every few years.
  • In the two decades since the repository was created, Emergent’s aggressive tactics, broad political connections and penchant for undercutting competitors have given it remarkable sway over the government’s purchasing decisions related to the vaccines
  • While national security officials still consider anthrax a threat, it has not received specific mention since 2012 in the intelligence community’s annual public assessment of dangers facing the country, a report that has repeatedly warned of pandemics.
  • Emergent bought the license for the country’s only approved anthrax vaccine in 1998 from the State of Michigan. Over time, the price per dose the government agreed to pay Emergent increased nearly sixfold, accounting for inflation, contributing to record revenues last year that topped $1.5 billion
  • The company, whose board is stocked with former federal officials, has deployed a lobbying budget more typical of some big pharmaceutical companies
  • Competing efforts to develop a better and cheaper anthrax vaccine, for example, collapsed after Emergent outmaneuvered its rivals, the documents and interviews show.
  • preparations for an outbreak like Covid-19 almost always took a back seat to Emergent’s anthrax vaccines
  • the government approved a plan in 2015 to buy tens of millions of N95 respirators — lifesaving equipment for medical workers that has been in short supply because of Covid-19 — but the masks repeatedly lost out in the competition for funding over the years leading up to the pandemic
  • After Dr. Frieden and others in the Obama administration tried but failed to lessen Emergent’s dominance over stockpile purchases, the company’s fortunes rose under Mr. Trump, who appointed a former Emergent consultant with a background in bioterrorism to run the office that now oversees the stockpile
  • “If I could spend less on anthrax replenishment, I could buy more N95s,” Dr. Kadlec said in an interview shortly after leaving office. “I could buy more ventilators. I could buy more of other things that quite frankly I didn’t have the money to buy.”
  • And now, as some members of Congress push for larger reserves of ventilators, masks and other equipment needed in a pandemic, a trade group led in part by a top Emergent lobbyist has warned that the purchases could endanger companies focused on threats like anthrax and smallpox by drawing down limited funds.
  • Last year, as the pandemic raced across the country, the government paid Emergent $626 million for products that included vaccines to fight an entirely different threat: a terrorist attack using anthrax.
  • “I think it’s pretty clear that the benefit of the vaccine is marginal,” he said in an interview
  • “They’re very vicious in their behavior toward anybody they perceive as having a different point of view,” said Dr. Tara O’Toole, a former Homeland Security official who says she ran afoul of Emergent in 2010 after telling Congress that the nation needed a newer and better anthrax vaccine.
  • That year, the company that would become Emergent — then known as BioPort — paid Michigan $25 million to buy the license for a government-developed anthrax vaccine and an aging manufacturing plant.
  • The company opened its doors with one product, called BioThrax, and one customer, the Defense Department, which required the vaccine for service members.
  • Emergent’s anthrax vaccine was not the government’s first choice. It was more than 30 years old and plagued by manufacturing challenges and complaints about side effects. Officials instead backed a company named VaxGen, which was developing a vaccine using newer technology licensed from the military.
  • Emergent’s successful campaign against VaxGen — deploying a battalion of lobbyists, publicly attacking its rival and warning that it might cease production of its own vaccine if the government didn’t buy it — established its formidable reputation. By 2006, VaxGen had lost its contract and the government had turned to Emergent to supply BioThrax.
  • “They were totally feared by everybody,” Dr. Philip Russell, a top health official in the administration of President George W. Bush, said in an interview. He said that he clashed with Emergent when he backed VaxGen, and that his reputation came under attack, which was documented by The Times in 2006. (Dr. Russell died this January.)
  • the group of federal officials who make decisions about the stockpile and other emergency preparations — known as the Phemce, for the Public Health Emergency Medical Countermeasures Enterprise — ordered up a study. It found in 2010 that the government could not afford to devote so much of its budget to a single threat.
  • Instead, the review concluded, the government should invest more in products with multiple applications, like diagnostic tests, ventilators, reusable respirator masks and “plug and play” platforms that can rapidly develop vaccines for a range of outbreaks.
  • from 2010 through 2018, the anthrax vaccine consumed more than 40 percent of the stockpile’s budget, which averaged $560 million during those years.
  • Emergent and the government have withheld details of the stockpile contracts, including how much the company has charged for each dose of BioThrax, but executives have shared some of the missing information with investors.
  • The company in 1998 agreed to charge the government an average of about $3.35 per dose, documents show. By 2010, the price had risen to about $28, according to financial disclosures and statements by Emergent executives, and now it is about $30
  • Over the past 15 years, the company recorded a gross profit margin of about 75 percent for the vaccine, in an arrangement that one Emergent vice president called a “monopoly.”
  • Emergent’s rise is the stuff of lore in biodefense circles — a tale of savvy dealings, fortuitous timing and tough, competitive tactics.
  • One afternoon in October 2010, Wall Street investors gathered at the Millennium Broadway Hotel in Manhattan for a presentation by Mr. Burrows. He shared with them a secret number: 75 million.That was how many BioThrax doses the government had committed to stockpiling, and it was the backbone of Emergent’s thriving business. In pursuit of that goal, the government had already spent more than $900 million, and it continued to buy virtually every dose Emergent could produce. It had even awarded the company more than $100 million to expand its Michigan factory.
  • “The best approach toward anthrax is antimicrobial therapy,” Dr. Anthony S. Fauci, the government’s top infectious-disease expert, told Congress as early as 2007.
  • In an analysis published in 2007, the firm determined that giving antibiotics immediately after a large outdoor anthrax attack was likely to reduce serious illnesses by more than 80 percent. Administering the vaccine would then cut serious illnesses only by an additional 4 percent.
  • Dr. Ali S. Khan, who ran the C.D.C. office managing the stockpile until 2014, said bluntly: “We overpaid.”
  • “A bunch of people, including myself, were sitting in a room and asking what kind of attack might happen,” said Dr. Kenneth Bernard, a top biodefense adviser to Mr. Bush, recalling a meeting in the months after the 2001 attacks.
  • “And somebody said, ‘Well, I can’t imagine anyone attacking more than three cities at once,’” he said. “So we took the population of a major U.S. city and multiplied by three.”
  • A team of Homeland Security and health officials began doing just that in 2013. The group determined, in a previously undisclosed analysis, that the government could stockpile less BioThrax and still be prepared for a range of plausible attacks, according to two people involved in the assessment. Separately, government researchers concluded that two doses of BioThrax provided virtually the same protection as three.
  • the National Intelligence Council, which helped draft the assessments during Mr. Obama’s second term, said in an interview that the idea of a three-city attack affecting 25 million people was “straining credulity.”
  • “If you talk to the head of the House Intelligence Committee,” Don Elsey, Emergent’s chief financial officer, told investors in 2011, “and you say, ‘What are you most worried about?’ he’ll say, ‘Let me see: Number one, anthrax; number two, anthrax; number three, anthrax.’”
  • Emergent’s sales strategy was to address that fear by promising the federal government peace of mind with its vaccine.
  • “There’s a political element involved,” Mr. Burrows, the company’s vice president of investor relations, said at an industry conference in 2016. “I don’t have a marketing expense. I have lobbying expense.”
  • Since 2010, the company has spent an average of $3 million a year on lobbying — far outspending similarly sized biotech firms, and roughly matching the outlays of two pharmaceutical companies with annual revenues at least 17 times greater, AstraZeneca and Bristol Myers Squibb
  • In 2015, as stockpile managers questioned the large purchases of BioThrax, the spending topped $4 million
  • “They were pouring it on — how poor they were and how this was going to ruin the company, and they’d have to close down factories, and America was going to be left without anthrax vaccine,”
  • “Their revolving door is moving at 60 miles per hour,” said former Senator Claire McCaskill, a Democrat from Missouri who had questioned spending on the vaccine while in the Senate. “There is really a lot of incestuousness because it’s such a specialized field.”
  • Ms. DeLorenzo, the Emergent spokeswoman, said the lobbying was necessary because government investment “in biodefense and other public health threats has not been as strongly prioritized as it should be.”
  • Over the past 10 years, Emergent’s political action committee has spread almost $1.4 million in campaign contributions among members of both partie
  • The move followed a yearslong pattern of retaining a bipartisan lobbying corps of former agency officials, staff members and congressmen, including Pete Hoekstra of Michigan, Tom Latham of Iowa and Jim Saxton of New Jersey.
  • “You have people coming and saying, ‘There’s no market for this — nobody’s going to produce this unless you buy enough of it to keep the production line open,’” he said. “It’s an absolutely appropriate argument to make.”
  • Emergent’s campaign proved effective. Despite the 2015 recommendation by the stockpile managers, Senate overseers made clear they opposed the reduction, and the government went ahead and bought $300 million worth of BioThrax.
  • Emergent executives, meanwhile, warned that there could be job losses at the factory in Lansing, Mich. — the capital of a swing state at the center of a contentious presidential campaign between Mr. Trump and Hillary Clinton.
  • Because Emergent was the sole manufacturer of a product deemed critical to national security, the company has played what one former executive described to The Times as “the we’re-going-to-go-bankrupt card.”
  • Dr. Hatchett said the idea gave him pause. But, he explained in an interview, “if there’s only one partner that can provide a product and only one customer for that product, the customer needs the partner to survive.”
  • Just a year later, Emergent spent about $200 million in cash, and made other financial commitments, to acquire Sanofi’s smallpox vaccine and GlaxoSmithKline’s anthrax treatment, two products with established pipelines to the stockpile. The purchases expanded Emergent’s hold over the reserve.
  • Ms. DeLorenzo said the acquisitions did not suggest the company was better off than it had claimed, but Dr. Bright said he and others involved in the bailout felt used.
  • a plan five years earlier to create an emergency supply of N95 respirators was simply not funded. A team of experts had proposed buying tens of millions of the masks to fill the gap during an outbreak until domestic manufacturing could ramp up, according to five officials involved in the assessment, which has not been previously disclosed.
  • By the time the novel coronavirus emerged, the stockpile had only 12 million of the respirators. The stockpile has since set a goal of amassing 300 million.
  • Dr. Kadlec, the Trump administration official overseeing the stockpile, said he used the previous administration’s mask recommendation to raise alarms as early as 2018.
  • Dr. Annie De Groot, chief executive of the small vaccine company EpiVax, spoke about the need to break Emergent’s lock on research dollars at a biodefense forum in 2015.
  • “Politicians want to look like they’ve addressed the problem,” she said. “But we need to actually listen to the scientists.”
  • Over the last five years, Emergent has received nearly a half-billion dollars in federal research and development funding, the company said in its financial disclosures.
  • “We know ahead of time when funding opportunities are going to come out,” Barbara Solow, a senior vice president, told investors in 2017. “When we talk to the government, we know how to speak the government’s language around contracting.”
  • The company used federal money to make improvements to BioThrax, and also found a way to earn government money from a competing anthrax vaccine it had excoriated. After the demise of VaxGen in 2006, Emergent bought the company’s unfinished vaccine and in 2010 persuaded the federal government to continue paying for research on it
  • By the time the research contract was canceled in 2016, Emergent had collected about $85 million, records show. The company then shelved the vaccine. “If the U.S. government withdraws funding, we re-evaluate whether there is any business case for continuing,” Ms. DeLorenzo said.
  • For more than 30 years, the government had been encouraging the development of a BioThrax replacement. In 2002, the Institute of Medicine had concluded that an alternative based on more modern technology was “urgently needed.” By 2019, there were three leading candidates, including one made by Emergent, known as AV7909.
  • Emergent’s candidate was hardly the breakthrough the government was seeking, former health officials said. AV7909 was essentially an enhanced version of BioThrax. The competitors were using more modern technology that could produce doses more rapidly and consistently, and were promising significant cost savings for the stockpile.
  • To qualify for emergency authorization, a vaccine must be at an advanced stage of development with no approved alternatives. Emergent acknowledged in its financial disclosures that there was “considerable uncertainty” whether the new vaccine met those requirements.
  • The election of Mr. Trump as president was good news for Emergent.
  • Dr. Lurie, the senior health official in the Obama administration who had tried to scale back BioThrax purchases, was out. Mr. Trump’s pick to replace her was Dr. Kadlec, a career Air Force physician and top biodefense official in the Bush administration who was fixated on bioterrorism threats, especially anthrax, current and former officials said
  • Soon after entering the Trump administration in 2017, Dr. Kadlec took a series of actions that he characterized as streamlining a cumbersome bureaucracy but that had the effect of benefiting Emergent.
  • He assumed greater control of purchasing decisions, diminishing the authority of the Phemce, the oversight group that had proposed buying less BioThrax. And in 2018, he backed a decision to move control of the stockpile to his office in the Department of Health and Human Services and away from the C.D.C., which is based in Atlanta and prides itself on being insulated from the influence of lobbyists.
  • Dr. Frieden, the former C.D.C. director, was strongly opposed. The move, he said, “had almost as an explicit goal to give the lobbyists more say in what got purchased.”
  • That July, the government made the announcement Emergent had been banking on, committing to buying millions of doses. Separately, it said it would stop funding Emergent’s competitors.
  • The decision to side with Emergent did not surprise Dr. Khan, the former C.D.C. official overseeing the stockpile.“Again and again, we seem unable to move past an old technology that’s bankrupting the stockpile,” he said.
  • Last month, as the death toll from Covid-19 neared a half-million, Mr. Kramer, the company’s chief executive, told analysts there had been no “evidence of a slowdown or a delay or a deprioritization,” and echoed a statement he had made in April when asked whether the pandemic might interrupt Emergent’s sales to the stockpile.“It’s pretty much business as usual,” he said then.
Javier E

Whistleblower: Twitter misled investors, FTC and underplayed spam issues - Washington Post - 0 views

  • Twitter executives deceived federal regulators and the company’s own board of directors about “extreme, egregious deficiencies” in its defenses against hackers, as well as its meager efforts to fight spam, according to an explosive whistleblower complaint from its former security chief.
  • The complaint from former head of security Peiter Zatko, a widely admired hacker known as “Mudge,” depicts Twitter as a chaotic and rudderless company beset by infighting, unable to properly protect its 238 million daily users including government agencies, heads of state and other influential public figures.
  • Among the most serious accusations in the complaint, a copy of which was obtained by The Washington Post, is that Twitter violated the terms of an 11-year-old settlement with the Federal Trade Commission by falsely claiming that it had a solid security plan. Zatko’s complaint alleges he had warned colleagues that half the company’s servers were running out-of-date and vulnerable software and that executives withheld dire facts about the number of breaches and lack of protection for user data, instead presenting directors with rosy charts measuring unimportant changes.
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  • A person familiar with Zatko’s tenure said the company investigated Zatko’s security claims during his time there and concluded they were sensationalistic and without merit. Four people familiar with Twitter’s efforts to fight spam said the company deploys extensive manual and automated tools to both measure the extent of spam across the service and reduce it.
  • the whistleblower document alleges the company prioritized user growth over reducing spam, though unwanted content made the user experience worse. Executives stood to win individual bonuses of as much as $10 million tied to increases in daily users, the complaint asserts, and nothing explicitly for cutting spam.
  • Chief executive Parag Agrawal was “lying” when he tweeted in May that the company was “strongly incentivized to detect and remove as much spam as we possibly can,” the complaint alleges.
  • Zatko described his decision to go public as an extension of his previous work exposing flaws in specific pieces of software and broader systemic failings in cybersecurity. He was hired at Twitter by former CEO Jack Dorsey in late 2020 after a major hack of the company’s systems.
  • “I felt ethically bound. This is not a light step to take,” said Zatko, who was fired by Agrawal in January. He declined to discuss what happened at Twitter, except to stand by the formal complaint. Under SEC whistleblower rules, he is entitled to legal protection against retaliation, as well as potential monetary rewards.
  • “Security and privacy have long been top companywide priorities at Twitter,” said Twitter spokeswoman Rebecca Hahn. She said that Zatko’s allegations appeared to be “riddled with inaccuracies” and that Zatko “now appears to be opportunistically seeking to inflict harm on Twitter, its customers, and its shareholders.” Hahn said that Twitter fired Zatko after 15 months “for poor performance and leadership.” Attorneys for Zatko confirmed he was fired but denied it was for performance or leadership.
  • In 1998, Zatko had testified to Congress that the internet was so fragile that he and others could take it down with a half-hour of concentrated effort. He later served as the head of cyber grants at the Defense Advanced Research Projects Agency, the Pentagon innovation unit that had backed the internet’s invention.
  • Overall, Zatko wrote in a February analysis for the company attached as an exhibit to the SEC complaint, “Twitter is grossly negligent in several areas of information security. If these problems are not corrected, regulators, media and users of the platform will be shocked when they inevitably learn about Twitter’s severe lack of security basics.”
  • Zatko’s complaint says strong security should have been much more important to Twitter, which holds vast amounts of sensitive personal data about users. Twitter has the email addresses and phone numbers of many public figures, as well as dissidents who communicate over the service at great personal risk.
  • This month, an ex-Twitter employee was convicted of using his position at the company to spy on Saudi dissidents and government critics, passing their information to a close aide of Crown Prince Mohammed bin Salman in exchange for cash and gifts.
  • Zatko’s complaint says he believed the Indian government had forced Twitter to put one of its agents on the payroll, with access to user data at a time of intense protests in the country. The complaint said supporting information for that claim has gone to the National Security Division of the Justice Department and the Senate Select Committee on Intelligence. Another person familiar with the matter agreed that the employee was probably an agent.
  • “Take a tech platform that collects massive amounts of user data, combine it with what appears to be an incredibly weak security infrastructure and infuse it with foreign state actors with an agenda, and you’ve got a recipe for disaster,” Charles E. Grassley (R-Iowa), the top Republican on the Senate Judiciary Committee,
  • Many government leaders and other trusted voices use Twitter to spread important messages quickly, so a hijacked account could drive panic or violence. In 2013, a captured Associated Press handle falsely tweeted about explosions at the White House, sending the Dow Jones industrial average briefly plunging more than 140 points.
  • The complaint — filed last month with the Securities and Exchange Commission and the Department of Justice, as well as the FTC — says thousands of employees still had wide-ranging and poorly tracked internal access to core company software, a situation that for years had led to embarrassing hacks, including the commandeering of accounts held by such high-profile users as Elon Musk and former presidents Barack Obama and Donald Trump.
  • After a teenager managed to hijack the verified accounts of Obama, then-candidate Joe Biden, Musk and others in 2020, Twitter’s chief executive at the time, Jack Dorsey, asked Zatko to join him, saying that he could help the world by fixing Twitter’s security and improving the public conversation, Zatko asserts in the complaint.
  • But at Twitter Zatko encountered problems more widespread than he realized and leadership that didn’t act on his concerns, according to the complaint.
  • Twitter’s difficulties with weak security stretches back more than a decade before Zatko’s arrival at the company in November 2020. In a pair of 2009 incidents, hackers gained administrative control of the social network, allowing them to reset passwords and access user data. In the first, beginning around January of that year, hackers sent tweets from the accounts of high-profile users, including Fox News and Obama.
  • Several months later, a hacker was able to guess an employee’s administrative password after gaining access to similar passwords in their personal email account. That hacker was able to reset at least one user’s password and obtain private information about any Twitter user.
  • Twitter continued to suffer high-profile hacks and security violations, including in 2017, when a contract worker briefly took over Trump’s account, and in the 2020 hack, in which a Florida teen tricked Twitter employees and won access to verified accounts. Twitter then said it put additional safeguards in place.
  • This year, the Justice Department accused Twitter of asking users for their phone numbers in the name of increased security, then using the numbers for marketing. Twitter agreed to pay a $150 million fine for allegedly breaking the 2011 order, which barred the company from making misrepresentations about the security of personal data.
  • After Zatko joined the company, he found it had made little progress since the 2011 settlement, the complaint says. The complaint alleges that he was able to reduce the backlog of safety cases, including harassment and threats, from 1 million to 200,000, add staff and push to measure results.
  • But Zatko saw major gaps in what the company was doing to satisfy its obligations to the FTC, according to the complaint. In Zatko’s interpretation, according to the complaint, the 2011 order required Twitter to implement a Software Development Life Cycle program, a standard process for making sure new code is free of dangerous bugs. The complaint alleges that other employees had been telling the board and the FTC that they were making progress in rolling out that program to Twitter’s systems. But Zatko alleges that he discovered that it had been sent to only a tenth of the company’s projects, and even then treated as optional.
  • “If all of that is true, I don’t think there’s any doubt that there are order violations,” Vladeck, who is now a Georgetown Law professor, said in an interview. “It is possible that the kinds of problems that Twitter faced eleven years ago are still running through the company.”
  • “Agrawal’s Tweets and Twitter’s previous blog posts misleadingly imply that Twitter employs proactive, sophisticated systems to measure and block spam bots,” the complaint says. “The reality: mostly outdated, unmonitored, simple scripts plus overworked, inefficient, understaffed, and reactive human teams.”
  • One current and one former employee recalled that incident, when failures at two Twitter data centers drove concerns that the service could have collapsed for an extended period. “I wondered if the company would exist in a few days,” one of them said.
  • The current and former employees also agreed with the complaint’s assertion that past reports to various privacy regulators were “misleading at best.”
  • The complaint also alleges that Zatko warned the board early in his tenure that overlapping outages in the company’s data centers could leave it unable to correctly restart its servers. That could have left the service down for months, or even have caused all of its data to be lost. That came close to happening in 2021, when an “impending catastrophic” crisis threatened the platform’s survival before engineers were able to save the day, the complaint says, without providing further details.
  • As the head of security, Zatko says he also was in charge of a division that investigated users’ complaints about accounts, which meant that he oversaw the removal of some bots, according to the complaint. Spam bots — computer programs that tweet automatically — have long vexed Twitter. Unlike its social media counterparts, Twitter allows users to program bots to be used on its service: For example, the Twitter account @big_ben_clock is programmed to tweet “Bong Bong Bong” every hour in time with Big Ben in London. Twitter also allows people to create accounts without using their real identities, making it harder for the company to distinguish between authentic, duplicate and automated accounts.
  • In the complaint, Zatko alleges he could not get a straight answer when he sought what he viewed as an important data point: the prevalence of spam and bots across all of Twitter, not just among monetizable users.
  • Zatko cites a “sensitive source” who said Twitter was afraid to determine that number because it “would harm the image and valuation of the company.” He says the company’s tools for detecting spam are far less robust than implied in various statements.
  • For example, they said the company implied that it had destroyed all data on users who asked, but the material had spread so widely inside Twitter’s networks, it was impossible to know for sure
  • The four people familiar with Twitter’s spam and bot efforts said the engineering and integrity teams run software that samples thousands of tweets per day, and 100 accounts are sampled manually.
  • Some employees charged with executing the fight agreed that they had been short of staff. One said top executives showed “apathy” toward the issue.
  • Zatko’s complaint likewise depicts leadership dysfunction, starting with the CEO. Dorsey was largely absent during the pandemic, which made it hard for Zatko to get rulings on who should be in charge of what in areas of overlap and easier for rival executives to avoid collaborating, three current and former employees said.
  • For example, Zatko would encounter disinformation as part of his mandate to handle complaints, according to the complaint. To that end, he commissioned an outside report that found one of the disinformation teams had unfilled positions, yawning language deficiencies, and a lack of technical tools or the engineers to craft them. The authors said Twitter had no effective means of dealing with consistent spreaders of falsehoods.
  • Dorsey made little effort to integrate Zatko at the company, according to the three employees as well as two others familiar with the process who spoke on the condition of anonymity to describe sensitive dynamics. In 12 months, Zatko could manage only six one-on-one calls, all less than 30 minutes, with his direct boss Dorsey, who also served as CEO of payments company Square, now known as Block, according to the complaint. Zatko allegedly did almost all of the talking, and Dorsey said perhaps 50 words in the entire year to him. “A couple dozen text messages” rounded out their electronic communication, the complaint alleges.
  • Faced with such inertia, Zatko asserts that he was unable to solve some of the most serious issues, according to the complaint.
  • Some 30 percent of company laptops blocked automatic software updates carrying security fixes, and thousands of laptops had complete copies of Twitter’s source code, making them a rich target for hackers, it alleges.
  • A successful hacker takeover of one of those machines would have been able to sabotage the product with relative ease, because the engineers pushed out changes without being forced to test them first in a simulated environment, current and former employees said.
  • “It’s near-incredible that for something of that scale there would not be a development test environment separate from production and there would not be a more controlled source-code management process,” said Tony Sager, former chief operating officer at the cyberdefense wing of the National Security Agency, the Information Assurance divisio
  • Sager is currently senior vice president at the nonprofit Center for Internet Security, where he leads a consensus effort to establish best security practices.
  • The complaint says that about half of Twitter’s roughly 7,000 full-time employees had wide access to the company’s internal software and that access was not closely monitored, giving them the ability to tap into sensitive data and alter how the service worked. Three current and former employees agreed that these were issues.
  • “A best practice is that you should only be authorized to see and access what you need to do your job, and nothing else,” said former U.S. chief information security officer Gregory Touhill. “If half the company has access to and can make configuration changes to the production environment, that exposes the company and its customers to significant risk.”
  • Another graphic implied a downward trend in the number of people with overly broad access, based on the small subset of people who had access to the highest administrative powers, known internally as “God mode.” That number was in the hundreds. But the number of people with broad access to core systems, which Zatko had called out as a big problem after joining, had actually grown slightly and remained in the thousands.
  • When Dorsey left in November 2021, a difficult situation worsened under Agrawal, who had been responsible for security decisions as chief technology officer before Zatko’s hiring, the complaint says.
  • An unnamed executive had prepared a presentation for the new CEO’s first full board meeting, according to the complaint. Zatko’s complaint calls the presentation deeply misleading.
  • The presentation showed that 92 percent of employee computers had security software installed — without mentioning that those installations determined that a third of the machines were insecure, according to the complaint.
  • The complaint says Dorsey never encouraged anyone to mislead the board about the shortcomings, but that others deliberately left out bad news.
  • The presentation included only a subset of serious intrusions or other security incidents, from a total Zatko estimated as one per week, and it said that the uncontrolled internal access to core systems was responsible for just 7 percent of incidents, when Zatko calculated the real proportion as 60 percent.
  • Zatko stopped the material from being presented at the Dec. 9, 2021 meeting, the complaint said. But over his continued objections, Agrawal let it go to the board’s smaller Risk Committee a week later.
  • Agrawal didn’t respond to requests for comment. In an email to employees after publication of this article, obtained by The Post, he said that privacy and security continues to be a top priority for the company, and he added that the narrative is “riddled with inconsistences” and “presented without important context.”
  • On Jan. 4, Zatko reported internally that the Risk Committee meeting might have been fraudulent, which triggered an Audit Committee investigation.
  • Agarwal fired him two weeks later. But Zatko complied with the company’s request to spell out his concerns in writing, even without access to his work email and documents, according to the complaint.
  • Since Zatko’s departure, Twitter has plunged further into chaos with Musk’s takeover, which the two parties agreed to in May. The stock price has fallen, many employees have quit, and Agrawal has dismissed executives and frozen big projects.
  • Zatko said he hoped that by bringing new scrutiny and accountability, he could improve the company from the outside.
  • “I still believe that this is a tremendous platform, and there is huge value and huge risk, and I hope that looking back at this, the world will be a better place, in part because of this.”
Javier E

The Making of the Fox News White House | The New Yorker - 0 views

  • Fox—which, as the most watched cable news network, generates about $2.7 billion a year for its parent company, 21st Century Fox—acts as a force multiplier for Trump, solidifying his hold over the Republican Party and intensifying his support. “Fox is not just taking the temperature of the base—it’s raising the temperature,” she says. “It’s a radicalization model.”
  • The White House and Fox interact so seamlessly that it can be hard to determine, during a particular news cycle, which one is following the other’s lead. All day long, Trump retweets claims made on the network; his press secretary, Sarah Sanders, has largely stopped holding press conferences, but she has made some thirty appearances on such shows as “Fox & Friends” and “Hannity.” Trump, Hemmer says, has “almost become a programmer.”
  • Bill Kristol, who was a paid contributor to Fox News until 2012 and is a prominent Never Trumper, said of the network, “It’s changed a lot. Before, it was conservative, but it wasn’t crazy. Now it’s just propaganda.”
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  • Joe Peyronnin, a professor of journalism at N.Y.U., was an early president of Fox News, in the mid-nineties. “I’ve never seen anything like it before,” he says of Fox. “It’s as if the President had his own press organization. It’s not healthy.”
  • Kristol contends that Shine’s White House appointment is a scandal. “It’s been wildly under-covered,” he said. “It’s astounding that Shine—the guy who covered up Ailes’s horrible behavior—is the deputy chief of staff!”
  • Jennifer Rubin, another conservative Never Trumper, used to appear on the network, but wouldn’t do so now. “Fox was begun as a good-faith effort to counter bias, but it’s morphed into something that is not even news,” she says. “It’s simply a mouthpiece for the President, repeating what the President says, no matter how false or contradictory.
  • Sean Hannity has told colleagues that he speaks to the President virtually every night, after his show ends, at 10 P.M. According to the Washington Post, White House advisers have taken to calling Hannity the Shadow Chief of Staff. A Republican political expert who has a paid contract with Fox News told me that Hannity has essentially become a “West Wing adviser,” attributing this development, in part, to the “utter breakdown of any normal decision-making in the White House.” The expert added, “The place has gone off the rails. There is no ordinary policy-development system.” As a result, he said, Fox’s on-air personalities “are filling the vacuum.”
  • Trump has told confidants that he has ranked the loyalty of many reporters, on a scale of 1 to 10. Bret Baier, Fox News’ chief political anchor, is a 6; Hannity a solid 10. Steve Doocy, the co-host of “Fox & Friends,” is so adoring that Trump gives him a 12.
  • Kushner now has an almost filial status with Murdoch, who turns eighty-eight this month, and numerous sources told me that they communicate frequently. “Like, every day,” one said.
  • Ailes told Murdoch, “Trump gets great ratings, but if you’re not careful he’s going to end up totally controlling Fox News.”
  • In private, Murdoch regarded Trump with disdain, seeing him as a real-estate huckster and a shady casino operator. But, for all their differences, the two men had key traits in common. They both inherited and expanded family enterprises—an Australian newspaper; an outer-borough New York City real-estate firm—but felt looked down upon by people who were richer and closer to the centers of power.
  • both men have tapped into anti-élitist resentment to connect with the public and to increase their fortunes. Trump and Murdoch also share a transactional approach to politics, devoid of almost any ideology besides self-interest.
  • In 1994, Murdoch laid out an audacious plan to Reed Hundt, the chairman of the Federal Communications Commission under President Bill Clinton
  • Murdoch led him outside to take in the glittering view of the Los Angeles Basin, and confided that he planned to launch a radical new television network. Unlike the three established networks, which vied for the same centrist viewers, his creation would follow the unapologetically lowbrow model of the tabloids that he published in Australia and England, and appeal to a narrow audience that would be entirely his. His core viewers, he said, would be football fans; with this aim in mind, he had just bought the rights to broadcast N.F.L. games. Hundt told me, “What he was really saying was that he was going after a working-class audience. He was going to carve out a base—what would become the Trump base.
  • he had entered our country and was saying, ‘I’m going to break up the three-party oligopoly that has governed the most important medium of communication for politics and policy in this country since the Second World War.’ It was like a scene from ‘Faust.’ What came to mind was Mephistopheles.”
  • “Fox’s great insight wasn’t necessarily that there was a great desire for a conservative point of view.” More erudite conservatives, he says, such as William F. Buckley, Jr., and Bill Kristol, couldn’t have succeeded as Fox has. Levin observes, “The genius was seeing that there’s an attraction to fear-based, anger-based politics that has to do with class and race.”
  • In 1996, Murdoch hired Roger Ailes to create a conservative TV news outlet. Ailes, who died in 2017, was a master of attack politics and wedge issues, having been a media consultant on several of America’s dirtiest and most divisive campaigns, including those of Richard Nixon. Ailes invented programming, Levin argues, “that confirmed all your worst instincts—Fox News’ fundamental business model is driving fear.
  • As Hundt sees it, “Murdoch didn’t invent Trump, but he invented the audience. Murdoch was going to make a Trump exist. Then Trump comes along, sees all these people, and says, ‘I’ll be the ringmaster in your circus!’ ”
  • Until then, the network had largely mocked birtherism as a conspiracy theory. O’Reilly called its promoters “unhinged,” and Glenn Beck, who at the time also hosted a Fox show, called them “idiots.” But Trump gave birtherism national exposure, and, in a sign of things to come, Hannity fanned the flames. Hannity began saying that, although he thought that Obama had been born in the United States, the circumstances surrounding his birth certificate were “odd.”
  • In certain instances, however, Fox executives enforced journalistic limits.
  • Such niceties no longer apply. In November, Hannity joined Trump onstage at a climactic rally for the midterm elections. Afterward, Fox issued a limp statement saying that it didn’t “condone any talent participating in campaign events” and that the “unfortunate distraction” had “been addressed.”
  • For all of Ailes’s faults, Van Susteren argues, he exerted a modicum of restraint. She believes that he would have insisted on at least some distance from President Trump, if only to preserve the appearance of journalistic respectability embodied in the motto Ailes devised for Fox: “Fair and Balanced.
  • Fox News was hardly fair and balanced under his leadership. Gabriel Sherman, in his biography, “The Loudest Voice in the Room,” reports that Ailes was so obsessed with bringing down Obama in 2012 that he declared to colleagues, “I want to elect the next President.”
  • Don’t kid yourself about his support for immigration,” she said of Murdoch. “Rupert is first about the bottom line. They’re all going out to play to their crowd, whether it’s Fox or MSNBC.” (After leaving Fox, Van Susteren was for a short time a host on MSNBC.) Fox’s mile-by-mile coverage of the so-called “migrant caravan” was an enormous hit: ratings in October, 2018, exceeded those of October, 2016—the height of the Presidential campaign.
  • Ailes and Trump were friendly. “They spoke all the time,” a former Fox executive says. They had lunch shortly before Trump announced his candidacy, and Ailes gave Trump political tips during the primaries. Ken LaCorte contends that Ailes took note of “Trump’s crazy behavior”; but Trump’s growing political strength was also obvious. According to the former Fox executive, Trump made Ailes “nervous”: “He thought Trump was a wild card. Someone Ailes could not bully or intimidate.”
  • in 2016 that the network’s executives “made a business decision” to give on-air stars “slack” to choose their candidates. Hannity was an early Trump supporter; O’Reilly was neutral; Megyn Kelly remained skeptical
  • Kelly kept pressing Trump: “You once told a contestant on ‘Celebrity Apprentice’ it would be a pretty picture to see her on her knees. Does that sound to you like the temperament of a man we should elect President?” But he’d already won over Republican viewers. (Fox received a flood of e-mails, almost all of them anti-Kelly.) The showdown helped shape Trump’s image as shamelessly unsinkable.
  • Fox, however, may have given Trump a little help. A pair of Fox insiders and a source close to Trump believe that Ailes informed the Trump campaign about Kelly’s question. Two of those sources say that they know of the tipoff from a purported eyewitness. In addition, a former Trump campaign aide says that a Fox contact gave him advance notice of a different debate question, which asked the candidates whether they would support the Republican nominee, regardless of who won. The former aide says that the heads-up was passed on to Trump, who was the only candidate who said that he wouldn’t automatically support the Party’s nominee—a position that burnished his image as an outsider.
  • Ailes, meanwhile, joined Trump’s debate team, further erasing the line between Fox and conservative politicians. Ailes also began developing a plan to go into business with Trump. The Sunday before the election, Ailes called Steve Bannon, Trump’s campaign chairman, and said that he’d been talking with Trump about launching Trump TV, a nationalist competitor to Fox. Ailes was so excited that he was willing to forfeit his severance payment from Fox, which was attached to a non-compete agreement. He asked Bannon to join the venture and to start planning it as soon as Trump lost the election.
  • Any hopes that Fox would clean house after Ailes’s departure vanished on August 12, 2016, when Fox named two Ailes loyalists as co-presidents: Jack Abernethy, an executive who managed Fox’s local stations, and Bill Shine. The opinion side of Fox News, which Shine had run, had won out, as had his friend Sean Hannity.
  • For years, Ailes had been the focus of liberal complaints, and so when Fox pushed him out many people thought that the channel would change. They were right. The problem, Fox’s critics say, is that it’s become a platform for Trump’s authoritarianism. “I know Roger Ailes was reviled,” Charlie Black, the lobbyist, said. “But he did produce debates of both sides. Now Fox is just Trump, Trump, Trump.” Murdoch may find this development untroubling: in 1995, he told this magazine, “The truth is—and we Americans don’t like to admit it—that authoritarian societies can work.
  • News of Trump’s payoffs to silence Daniels, and Cohen’s criminal attempts to conceal them as legal fees, remained unknown to the public until the Wall Street Journal broke the story, a year after Trump became President.
  • Murdoch “was gone a lot,” adding, “He’s old. He likes the idea that he’s running it, but the lunatics took over the asylum.”
  • Falzone’s story didn’t run—it kept being passed off from one editor to the next. After getting one noncommittal answer after another from her editors, Falzone at last heard from LaCorte, who was then the head of FoxNews.com. Falzone told colleagues that LaCorte said to her, “Good reporting, kiddo. But Rupert wants Donald Trump to win. So just let it go.” LaCorte denies telling Falzone this, but one of Falzone’s colleagues confirms having heard her account at the time.
  • ” The celebrity opinion-show hosts who drive the ratings became unbridled and unopposed. Hannity, as the network’s highest-rated and highest-paid star, was especially empowered—and, with him, so was Trump.
  • Richie told me, “Fox News was culpable. I voted for Trump, and I like Fox, but they did their own ‘catch and kill’ on the story to protect him.” He said that he’d worked closely with Falzone on the article, and that “she did her homework—she had it.” He says he warned her that Fox would never run it, but “when they killed it she was devastated.” Richie believes that the story “would have swayed the election.
  • Shine became “an expert in collecting and enforcing soft power,” adding, “He was responsible for on-air contributors to programs, so ultimately you were auditioning for Bill Shine. He was the one who would give you the lucrative contract. He controlled the narrative that way.
  • some people at Fox called him Bill the Butler, because he was so subservient to Ailes. A former Fox co-host says, “He’s perfect for the White House job. He’s a yes-man.” Another Fox alumnus said, “His only talent was following orders, sucking up to power, and covering up for people.”
  • Ailes and a small group kept a close eye on internal talent. “We had a file on pretty much everyone,” the former Fox executive said, adding that Ailes talked about “putting hits” in the media on anyone who “got out of line.”
  • If a woman complained about being sexually harassed, he said, Shine or other supervisors intimidated her into silence, reduced her air time, or discontinued her contract. The former executive recalls, “Shine would talk to the woman with a velvet glove, saying, ‘Don’t worry about it’—and, if that didn’t work, he’d warn her it would ruin her career.”
  • Judd Burstein, an attorney whose client was interviewed by prosecutors, told me, “I don’t think someone can be a serial sexual abuser in a large organization without enablers like Shine.”
  • Two months after Shine left Fox, Hannity became a matchmaker, arranging a dinner with the President at the White House, attended by himself, Shine, and Scaramucci, at that time Trump’s communications director. Hannity proposed Shine as a top communications official, or even as a deputy chief of staff. A year later, Shine was both.
  • Murdoch appears to have been wise in securing a rapprochement. Telecommunications is a highly regulated industry, and under Trump the government has consistently furthered Murdoch’s business interests, to the detriment of his rivals. Hundt, the former F.C.C. chairman, told me that “there have been three moves that have taken place in the regulatory and antitrust world” involving telecommunications “that are extremely unusual, and the only way to explain them is that they’re pro-Fox, pro-Fox, and pro-Fox.”
  • Last June, after only six months of deliberation, the Trump Administration approved Fox’s bid to sell most of its entertainment assets to Disney, for seventy-one billion dollars. The Murdoch family will receive more than two billion dollars in the deal, and will become a major stockholder in the combined company
  • In July, the F.C.C. blocked Sinclair Broadcast Group, a conservative rival to Fox, from combining with the Tribune Media Company. The F.C.C. argued that the deal would violate limits on the number of TV stations one entity can own, upending Sinclair’s hope of becoming the next Fox.
  • The Justice Department, meanwhile, went to court in an effort to stop A. T. & T.’s acquisition of Time Warner, which owns CNN
  • “There may be innocent explanations.” But, he adds, “Trump famously said you’re going to get sick and tired of winning, and that may not be true for the rest of America, but it sure is true of Murdoch.” He says of Murdoch, “He’s an incredibly cunning political player. He leaves no fingerprints. He’s been in the game of influencing government behavior to his benefit longer than most of us have been alive.”
  • Ann Coulter, who has been feuding with Trump over his immigration policy, said that the President told her that “Murdoch calls me every day.” She recalled that, “back when Trump was still speaking to me,” she complained to him that Fox was no longer inviting her to appear. She said that Trump told her, “Do you want me to call Murdoch and tell him to put you on?” Coulter accepted Trump’s offer. He may have called Hannity, not Murdoch, she says, but in any case she was invited back on Fox “within twelve hours.”
  • “Fox’s most important role since the election has been to keep Trump supporters in line.” The network has provided a non-stop counternarrative in which the only collusion is between Hillary Clinton and Russia; Robert Mueller, the special counsel, is perpetrating a “coup” by the “deep state”; Trump and his associates aren’t corrupt, but America’s law-enforcement officials and courts are; illegal immigration isn’t at a fifteen-year low, it’s “an invasion”; and news organizations that offer different perspectives are “enemies of the American people.”
  • Benkler’s assessment is based on an analysis of millions of American news stories that he and two co-authors, Robert Faris and Hal Roberts, undertook for their 2018 book, “Network Propaganda: Manipulation, Disinformation and Radicalization in American Politics.” Benkler told me that he and his co-authors had expected to find “symmetric polarization” in the left-leaning and the right-leaning media outlets. Instead, they discovered that the two poles of America’s media ecosystem function very differently. “It’s not the right versus the left,” Benkler says. “It’s the right versus the rest.”
  • Most American news outlets try to adhere to facts. When something proves erroneous, they run corrections, or, as Benkler and his co-authors write, “they check each other.” Far-left Web sites post as many bogus stories as far-right ones do, but mainstream and liberal news organizations tend to ignore suspiciously extreme material.
  • Conservative media outlets, however, focus more intently on confirming their audience’s biases, and are much more susceptible to disinformation, propaganda, and outright falsehoods (as judged by neutral fact-checking organizations such as PolitiFact). Case studies conducted by the authors show that lies and distortions on the right spread easily from extremist Web sites to mass-media outlets such as Fox, and only occasionally get corrected
  • Sometimes such pushback has a salutary effect. Recently, Chris Wallace told Sarah Sanders that her claim that “nearly four thousand known or suspected terrorists come into our country illegally” every year was wildly inaccurate. Showing Fox’s clout, the White House has dropped the talking point.
  • Unlike Glenn Beck, Hannity has been allowed to spew baseless conspiracy theories with impunity. For more than a year, Hannity and other hosts spread the lie that the hacking of Democratic Party e-mails during the 2016 campaign was an inside job. Hannity claimed that the hacking had been committed not by Russian cyber-warfare agents, as the U.S. intelligence community concluded, but by a Democratic staffer named Seth Rich, who had been murdered by unknown assailants on a D.C. street. Benkler and his co-authors studied Fox’s coverage, and found that not only did the channel give the Seth Rich lie a national platform; it also used the conspiracy story as a distraction, deploying it as a competing narrative when developments in Mueller’s investigation showed Trump in a bad light. In 2017, after Rich’s parents demanded an apology and advertisers began shunning the network, Fox finally ran a retraction, and Hannity dropped the story.
  • By then, Fox hosts had begun pushing a different conspiracy: the “Uranium One” story, which Hannity called “the biggest scandal ever involving Russia.” On an October, 2017, broadcast, Hannity claimed that Hillary Clinton, when she was Secretary of State, had given “to Vladimir Putin and Russia twenty per cent of America’s uranium, which is the foundational material to make nuclear weapons.” Ostensibly, the deal was in exchange for giant payments to the Clinton Foundation. Hannity also claimed that “the corrupt, lying mainstream media” was withholding this “bombshell” from Americans, because it was “complicit” in a “huge coverup.”
  • other reporting had poked holes in it, revealing that multiple government agencies had approved the deal, and that the quantity of uranium was insignificant. Yet Fox kept flogging it as the real national-security scandal involving Russia.
  • Alisyn Camerota was a co-host on “Fox & Friends” for years before joining CNN, in 2014
  •  ‘Fox & Friends’ was a fun show, but it was not a news show,” she says. “It regularly broke the rules of journalism. It was basically Roger’s id on TV. He’d wake up in the morning with some bee in his bonnet, spout it off to Bill Shine, and Shine would tell us to put it on TV.” She says that the show’s producers would “cull far-right, crackpot Web sites” for content, and adds, “Never did I hear anyone worry about getting a second source. The single phrase I heard over and over was ‘This is going to outrage the audience!’ You inflame the viewers so that no one will turn away. Those were the standards.”
  • Fox co-host Kimberly Guilfoyle often prepared for “The Five” by relying on information provided to her by an avid fan: a viewer from Georgia named David Townsend, who had no affiliation either with Fox News or with journalism.
  • Aki Peritz, a former C.I.A. analyst who is an adjunct professor at American University, has written that Fox News has become an inviting target for foreign spy agencies, because “it’s what the President sees.
  • a source who spoke to me about Guilfoyle and Townsend says, “It’s even worse than a conspiracy of the dark Web, or something trying to manipulate Fox. It was just a guy in his underwear in Georgia who had influence over Fox News! And Fox News influences the President!”
  • Judging from the timing of Trump’s tweets, Gertz believes that the President records “Fox & Friends” and views it from the beginning, often with a slight delay. As Trump watches, he frequently posts about points that he agrees with. Since August, 2018, Media Matters has tallied more than two hundred instances of Trump disseminating Fox News items to his fifty-eight million Twitter followers. “Trump serves as a carnival barker for Fox,” Levin says, giving invaluable promotional help to the channel.
  • Fox hosts sometimes reverse their opinions in order to toe the Trump line: Hannity, who in the Obama era called negotiations with North Korea “disturbing,” now calls such efforts a “huge foreign-policy win.” But Gertz has come to believe that Fox drives Trump more than Trump drives Fo
  • White House aides confirm that Trump has repeatedly walked away from compromises at the last moment because Fox hosts and guests opposed the deals.
  • According to a Senate staffer, one high-profile Republican senator claims that his preferred way of getting the President’s ear is by going on Fox. He calls a friendly host and offers to appear on the air; usually, before he’s taken his makeup off in the greenroom Trump is calling him
  • Fox hosts played a key part in driving Trump’s recent shutdown of the government and his declaration of a national emergency on the southern border. Hannity and Dobbs urged Trump nightly on their shows to make these moves; according to press reports, they also advised Trump personally to do so.
  • For the next thirty-five days, Hannity and the other Fox hosts kept cheering Trump on, even as polls showed that the American public was increasingly opposed to the shutdown. Oliver Darcy, of CNN, says that Democrats, rather than negotiating with Trump, “might as well call Sean Hannity and get him on the phone,” adding, “It seems we sort of elected Sean Hannity when we elected Trump.”
  • “The President’s world view is being specifically shaped by what he sees on Fox News, but Fox’s goals are ratings and money, which they get by maximizing rage. It’s not a message that is going to serve the rest of the country.
  • Trump and Fox are employing the same risky model: inflaming the base and intensifying its support, rather than building a broader coalition. Narrowcasting may generate billions of dollars for a cable channel, but as a governing strategy it inevitably alienates the majority. The problem for Trump, as one former Fox host puts it, is that “he can’t afford to lose Fox, because it’s all he’s got.”
  • Similarly, Fox has a financial incentive to make Trump look good. Cable ratings at both Fox and MSNBC dip when the news is bad for their audience’s side. Van Susteren likens the phenomenon to audiences turning away when their sports team is losing
  • A source close to Trump says that the President has been complaining that Shine hasn’t been aggressive enough. Late last year, Trump told the source, “Shine promised me my press coverage would get better, but it’s gotten worse.” The source says, “Trump thought he was getting Roger Ailes but instead he got Roger Ailes’s gofer.”
  • Shine has practically ended White House press briefings. Trump prefers to be his own spokesman. “He always thought he did it the best,” a former senior White House official says. “But the problem is that you lose deniability. It’s become a trapeze act with no net, 24/7. The shutdown messaging was a crisis. There was no exit strategy.”
  • “It was always clear that this wasn’t just another news organization,” Rosenberg told me. “But when Ailes departed, and Trump was elected, the network changed. They became more combative, and started treating me like an enemy, not an opponent.” With Shine joining Trump at the White House, he said, “it’s as if the on-air talent at Fox now have two masters—the White House and the audience.” In his view, the network has grown so allied with the White House in the demonization of Trump’s critics that “Fox is no longer conservative—it’s anti-democratic.”
  • For two years, the network has been priming its viewers to respond with extraordinary anger should the country’s law-enforcement authorities close in on the President. According to Media Matters, in the first year after Mueller was appointed Hannity alone aired four hundred and eighty-six segments attacking the federal criminal investigation into Russian interference in the 2016 election; thirty-eight per cent of those segments claimed that law-enforcement officials had broken the law.
  • Hannity has spoken of “a coup,” and a guest on Laura Ingraham’s program, the lawyer Joseph diGenova, declared, “It’s going to be total war. And, as I say to my friends, I do two things—I vote and I buy guns.”
  • “In a hypothetical world without Fox News, if President Trump were to be hit hard by the Mueller report, it would be the end of him. But, with Fox News covering his back with the Republican base, he has a fighting chance, because he has something no other President in American history has ever had at his disposal—a servile propaganda operation.”
Javier E

These Truths: A History of the United States (Jill Lepore) - 1 views

  • It was meant to mark the start of a new era, in which the course of history might be made predictable and a government established that would be ruled not by accident and force but by reason and choice. The origins of that idea, and its fate, are the story of American history.
  • It seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force.6 This was the question of that autumn. And, in a way, it has been the question of every season since,
  • I once came across a book called The Constitution Made Easy.7 The Constitution cannot be made easy. It was never meant to be easy.
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  • THE AMERICAN EXPERIMENT rests on three political ideas—“these truths,” Thomas Jefferson called them—political equality, natural rights, and the sovereignty of the people.
  • After Benjamin Franklin read Jefferson’s draft, he picked up his quill, scratched out the words “sacred & undeniable,” and suggested that “these truths” were, instead, “self-evident.” This was more than a quibble. Truths that are sacred and undeniable are God-given and divine, the stuff of religion. Truths that are self-evident are laws of nature, empirical and observable, the stuff of science. This divide has nearly rent the Republic apart.
  • The real dispute is between “these truths” and the course of events: Does American history prove these truths, or does it belie them?
  • The United States rests on a dedication to equality, which is chiefly a moral idea, rooted in Christianity, but it rests, too, on a dedication to inquiry, fearless and unflinching. Its founders agreed with the Scottish philosopher and historian David Hume, who wrote, in 1748, that “Records of Wars, Intrigues, Factions, and Revolutions are so many Collections of Experiments.”9 They believed that truth is to be found in ideas about morality but also in the study of history.
  • understanding history as a form of inquiry—not as something easy or comforting but as something demanding and exhausting—was central to the nation’s founding. This, too, was new.
  • A new kind of historical writing, less memorial and more unsettling, only first emerged in the fourteenth century. “History is a philosophical science,” the North African Muslim scholar Ibn Khaldun wrote in 1377, in the prologue to his history of the world, in which he defined history as the study “of the causes and origins of existing things.”11
  • Only by fits and starts did history become not merely a form of memory but also a form of investigation, to be disputed, like philosophy, its premises questioned, its evidence examined, its arguments countered.
  • Declaring independence was itself an argument about the relationship between the present and the past, an argument that required evidence of a very particular kind: historical evidence. That’s why most of the Declaration of Independence is a list of historical claims. “To prove this,” Jefferson wrote, “let facts be submitted to a candid world.”
  • In an attempt to solve this problem, the earliest historians of the United States decided to begin their accounts with Columbus’s voyage, stitching 1776 to 1492. George Bancroft published his History of the United States from the Discovery of the American Continent to the Present in 1834, when the nation was barely more than a half-century old, a fledgling, just hatched. By beginning with Columbus, Bancroft made the United States nearly three centuries older than it was, a many-feathered old bird.
  • In 1787, then, when Alexander Hamilton asked “whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force,” that was the kind of question a scientist asks before beginning an experiment. Time alone would tell. But time has passed. The beginning has come to an end. What, then, is the verdict of history?
  • In deciding what to leave in and what to leave out, I’ve confined myself to what, in my view, a people constituted as a nation in the early twenty-first century need to know about their own past, mainly because this book is meant to double as an old-fashioned civics book, an explanation of the origins and ends of democratic institutions, from the town meeting to the party system, from the nominating convention to the secret ballot, from talk radio to Internet polls. This book is chiefly a political
  • Aside from being a brief history of the United States and a civics primer, this book aims to be something else, too: it’s an explanation of the nature of the past. History isn’t only a subject; it’s also a method.
  • The truths on which the nation was founded are not mysteries, articles of faith, never to be questioned, as if the founding were an act of God, but neither are they lies, all facts fictions, as if nothing can be known, in a world without truth.
  • Between reverence and worship, on the one side, and irreverence and contempt, on the other, lies an uneasy path, away from false pieties and petty triumphs over people who lived and died and committed both their acts of courage and their sins and errors long before we committed ours. “We cannot hallow this ground,” Lincoln said at Gettysburg. We are obliged, instead, to walk this ground, dedicating ourselves to both the living and the dead.
  • studying history is like that, looking into one face and seeing, behind it, another, face after face after face. “Know whence you came,” Baldwin told his nephew.17 The past is an inheritance, a gift and a burden. It can’t be shirked. You carry it everywhere. There’s nothing for it but to get to know it.
  • Nature takes one toll, malice another. History is the study of what remains, what’s left behind, which can be almost anything, so long as it survives the ravages of time and war: letters, diaries, DNA, gravestones, coins, television broadcasts, paintings, DVDs, viruses, abandoned Facebook pages, the transcripts of congressional hearings, the ruins of buildings. Some of these things are saved by chance or accident, like the one house that, as if by miracle, still stands after a hurricane razes a town. But most of what historians study survives because it was purposely kept—placed
  • As nation-states emerged, they needed to explain themselves, which they did by telling stories about their origins, tying together ribbons of myths, as if everyone in the “English nation,” for instance, had the same ancestors, when, of course, they did not. Very often, histories of nation-states are little more than myths that hide the seams that stitch the nation to the state.15
  • When the United States declared its independence in 1776, plainly, it was a state, but what made it a nation? The fiction that its people shared a common ancestry was absurd on its face; they came from all over, and, having waged a war against England, the very last thing they wanted to celebrate was their Englishness.
  • Facts, knowledge, experience, proof. These words come from the law. Around the seventeenth century, they moved into what was then called “natural history”: astronomy, physics, chemistry, geology. By the eighteenth century they were applied to history and to politics, too. These truths: this was the language of reason, of enlightenment, of inquiry, and of history.
  • Against conquest, slaughter, and slavery came the urgent and abiding question, “By what right?”
  • Yet the origins of the United States date to 1492 for another, more troubling reason: the nation’s founding truths were forged in a crucible of violence, the products of staggering cruelty, conquest and slaughter, the assassination of worlds.
  • Locke, spurred both by a growing commitment to religious toleration and by a desire to distinguish English settlement from Spanish conquest, stressed the lack of cultivation as a better justification for taking the natives’ land than religious difference, an emphasis with lasting consequences.
  • Unlike Polo and Mandeville, Columbus did not make a catalogue of the ways and beliefs of the people he met (only later did he hire Pané to do that). Instead, he decided that the people he met had no ways and beliefs. Every difference he saw as an absence.22 Insisting that they had no faith and no civil government and were therefore infidels and savages who could not rightfully own anything, he claimed possession of their land, by the act of writing. They were a people without truth; he would make his truth theirs. He would tell them where the dead go.
  • It became commonplace, inevitable, even, first among the Spanish, and then, in turn, among the French, the Dutch, and the English, to see their own prosperity and good health and the terrible sicknesses suffered by the natives as signs from God. “Touching these savages, there is a thing that I cannot omit to remark to you,” one French settler wrote: “it appears visibly that God wishes that they yield their place to new peoples.” Death convinced them at once of their right and of the truth of their faith. “The natives, they are all dead of small Poxe,” John Winthrop wrote when he arrived in New England in 1630: “the Lord hathe cleared our title to what we possess.”
  • In much of New Spain, the mixed-race children of Spanish men and Indian women, known as mestizos, outnumbered Indians; an intricate caste system marked gradations of skin color, mixtures of Europeans, Native Americans, and Africans, as if skin color were like dyes made of plants, the yellow of sassafras, the red of beets, the black of carob. Later, the English would recognize only black and white, a fantasy of stark and impossible difference, of nights without twilight and days without dawns. And yet both regimes of race, a culture of mixing or a culture of pretending not to mix, pressed upon the brows of every person of the least curiosity the question of common humanity: Are all peoples one?
  • Elizabeth’s best defender argued that if God decided “the female should rule and govern,” it didn’t matter that women were “weake in nature, feable in bodie, softe in courage,” because God would make every right ruler strong. In any case, England’s constitution abided by a “rule mixte,” in which the authority of the monarch was checked by the power of Parliament; also, “it is not she that ruleth but the lawes.” Elizabeth herself called on yet another authority: the favor of the people.48 A mixed constitution, the rule of law, the will of the people: these were English ideas that Americans would one day make their own, crying, “Liberty!”
  • In the brutal, bloody century between Columbus’s voyage and John White’s, an idea was born, out of fantasy, out of violence, the idea that there exists in the world a people who live in an actual Garden of Eden, a state of nature, before the giving of laws, before the forming of government. This imagined history of America became an English book of genesis, their new truth. “In the beginning,” the Englishman John Locke would write, “all the world was America.” In America, everything became a beginning.
  • England’s empire would have a different character than that of either Spain or France. Catholics could make converts by the act of baptism, but Protestants were supposed to teach converts to read the Bible; that meant permanent settlements, families, communities, schools, and churches. Also, England’s empire would be maritime—its navy was its greatest strength. It would be commercial. And, of greatest significance for the course of the nation that would grow out of those settlements, its colonists would be free men, not vassals, guaranteed their “English liberties.”
  • Beginning with the Virginia charter, the idea of English liberties for English subjects was planted on American soil and, with it, the king’s claim to dominion, a claim that rested on the idea that people like Powhatan and his people lived in darkness and without government, no matter that the English called their leaders kings.
  • Twenty Englishmen were elected to the House of Burgesses. Twenty Africans were condemned to the house of bondage. Another chapter opened in the American book of genesis: liberty and slavery became the American Abel and Cain.
  • To build his case against the king, Coke dusted off a copy of an ancient and almost entirely forgotten legal document, known as Magna Carta (literally, the “great charter”), in which, in the year 1215, King John had pledged to his barons that he would obey the “law of the land.” Magna Carta wasn’t nearly as important as Coke made it out to be, but by arguing for its importance, he made it important, not only for English history, but for American history, too, tying the political fate of everyone in England’s colonies to the strange doings of a very bad king from the Middle Ages.
  • Magna Carta explains a great deal about how it is that some English colonists would one day come to believe that their king had no right to rule them and why their descendants would come to believe that the United States needed a written constitution. But Magna Carta played one further pivotal role, the role it played in the history of truth—a history that had taken a different course in England than in any other part of Europe.
  • The most crucial right established under Magna Carta was the right to a trial by jury.
  • in 1215, the pope banned trial by ordeal. In Europe, it was replaced by a new system of divine judgment: judicial torture. But in England, where there existed a tradition of convening juries to judge civil disputes—like disagreements over boundaries between neighboring freeholds—trial by ordeal was replaced not by judicial torture but by trial by jury.
  • This turn marked the beginning of a new era in the history of knowledge: it required a new doctrine of evidence and new method of inquiry and eventually led to the idea that an observed or witnessed act or thing—the substance, the matter, of fact—is the basis of truth. A judge decided the law; a jury decided the facts. Mysteries were matters of faith, a different kind of truth, known only to God.
  • The age of mystery began to wane, and, soon, the culture of fact spread from law to government.
  • There would never be very many Africans in New England, but New Englanders would have slave plantations, on the distant shores. Nearly half of colonial New Englanders’ wealth would come from sugar grown by West Indian slaves.
  • One million Europeans migrated to British America between 1600 and 1800 and two and a half million Africans were carried there by force over that same stretch of centuries, on ships that sailed past one another by day and by night.42 Africans died faster, but as a population of migrants, they outnumbered Europeans two and a half to one.
  • In the last twenty-five years of the seventeenth century, English ships, piloted by English sea captains, crewed by English sailors, carried more than a quarter of a million men, women, and children across the ocean, shackled in ships’ holds.44 Theirs was not a ship of state crossing a sea of troubles, another Mayflower, their bond a covenant. Theirs was a ship of slavery, their bonds forged in fire. They whispered and wept; they screamed and sat in silence. They grew ill; they grieved; they died; they endured.
  • By what right did the English hold these people as their slaves?
  • Under Roman law, all men are born free and can only be made slaves by the law of nations, under certain narrow conditions—for instance, when they’re taken as prisoners of war, or when they sell themselves as payment of debt. Aristotle had disagreed with Roman law, insisting that some men are born slaves. Neither of these traditions from antiquity proved to be of much use to English colonists attempting to codify their right to own slaves, because laws governing slavery, like slavery itself, had disappeared from English common law by the fourteenth century. Said one Englishman in Barbados in 1661, there was “no track to guide us where to walk nor any rule sett us how to govern such Slaves.”46
  • With no track or rule to guide them, colonial assemblies adopted new practices and devised new laws with which they attempted to establish a divide between “blacks” and “whites.”
  • Adopting these practices and passing these laws required turning English law upside down, because much in existing English law undermined the claims of owners of people. In 1655, a Virginia woman with an African mother and an English father sued for her freedom by citing English common law, under which children’s status follows that of their father, not their mother. In 1662, Virginia’s House of Burgesses answered doubts about “whether children got by any Englishman upon a Negro woman should be slave or ffree” by reaching back to an archaic Roman rule, partus sequitur ventrem (you are what your mother was). Thereafter, any child born of a woman who was a slave inherited her condition.
  • By giving Americans a more ancient past, he hoped to make America’s founding appear inevitable and its growth inexorable, God-ordained. He also wanted to celebrate the United States, not as an offshoot of England, but instead as a pluralist and cosmopolitan nation, with ancestors all over the world.
  • No book should be censored before publication, Milton argued (though it might be condemned after printing), because truth could only be established if allowed to do battle with lies. “Let her and falsehood grapple,” he urged, since, “whoever knew Truth to be put to the worst in a free and open encounter?” This view depended on an understanding of the capacity of the people to reason. The people, Milton insisted, are not “slow and dull, but of a quick, ingenious and piercing spirit, acute to invent, subtle and sinewy to discourse, not beneath the reach of any point the highest that human capacity can soar to.”52
  • All men, Locke argued, are born equal, with a natural right to life, liberty, and property; to protect those rights, they erect governments by consent. Slavery, for Locke, was no part either of a state of nature or of civil society. Slavery was a matter of the law of nations, “nothing else, but the state of war continued, between a lawful conqueror and a captive.” To introduce slavery in the Carolinas, then, was to establish, as fundamental to the political order, an institution at variance with everything about how Locke understood civil society.
  • Long before shots were fired at Lexington and Concord, long before George Washington crossed the Delaware, long before American independence was thought of, or even thinkable, a revolutionary tradition was forged, not by the English in America, but by Indians waging wars and slaves waging rebellions. They revolted again and again and again. Their revolutions came in waves that lashed the land. They asked the same question, unrelentingly: By what right are we ruled?
  • Rebellion hardened lines between whites and blacks. Before Bacon and his men burned Jamestown, poor Englishmen had very little political power. As many as three out of every four Englishmen and women who sailed to the colonies were either debtors or convicts or indentured servants; they weren’t slaves, but neither were they free.61 Property requirements for voting meant that not all free white men could vote. Meanwhile, the fact that slaves could be manumitted by their masters meant that it was possible to be both black and free and white and unfree. But after Bacon’s Rebellion, free white men were granted the right to vote, and it became nearly impossible for black men and women to secure their freedom. By 1680, one observer could remark that “these two words, Negro and Slave” had “grown Homogeneous and convertible”: to be black was to be a slave.
  • Benjamin Franklin eventually settled in the tidy Quaker town of Philadelphia and began printing his own newspaper, the Pennsylvania Gazette, in 1729. In its pages, he fought for freedom of the press. In a Miltonian 1731 “Apology for Printers,” he observed “that the Opinions of Men are almost as various as their Faces” but that “Printers are educated in the Belief, that when Men differ in Opinion, both Sides ought equally to have the Advantage of being heard by the Publick; and that when Truth and Error have fair Play, the former is always an overmatch for the latter.”
  • But if the culture of the fact hadn’t yet spread to newspapers, it had spread to history. In Leviathan, Thomas Hobbes had written that “The register of Knowledge of Fact is called History.”74 One lesson Americans would learn from the facts of their own history had to do with the limits of the freedom of the press, and this was a fact on which they dwelled, and a liberty they grew determined to protect.
  • Slavery does not exist outside of politics. Slavery is a form of politics, and slave rebellion a form of violent political dissent. The Zenger trial and the New York slave conspiracy were much more than a dispute over freedom of the press and a foiled slave rebellion: they were part of a debate about the nature of political opposition, and together they established its limits. Both Cosby’s opponents and Caesar’s followers allegedly plotted to depose the governor. One kind of rebellion was celebrated, the other suppressed—a division that would endure.
  • In American history, the relationship between liberty and slavery is at once deep and dark: the threat of black rebellion gave a license to white political opposition.
  • This, too, represented a kind of revolution: Whitefield emphasized the divinity of ordinary people, at the expense of the authority of their ministers.
  • he wrote in 1751 an essay about the size of the population, called “Observations concerning the Increase of Mankind, Peopling of Countries, &c.”
  • Franklin guessed the population of the mainland colonies to be about “One Million English Souls,” and his calculations suggested that this number would double every twenty-five years. At that rate, in only a century, “the greatest Number of Englishmen will be on this Side the Water.” Franklin’s numbers were off; his estimates weren’t too high; they were too low. At the time, more than 1.5 million people lived in Britain’s thirteen mainland colonies. Those colonies were far more densely settled than New France or New Spain. Only 60,000 French settlers lived in Canada and 10,000 more in Louisiana. New Spain was even more thinly settled.
  • he wrote about a new race, a people who were “white.” “The Number of purely white People in the World is proportionably very small,” Franklin began. As he saw it, Africans were “black”; Asians and Native Americans were “tawny”; Spaniards, Italians, French, Russians, Swedes, and Germans were “swarthy.” That left very few people, and chiefly the English, as the only “white people” in the world. “I could wish their Numbers were increased,” Franklin said, adding, wonderingly, “But perhaps I am partial to the Complexion of my Country, for such Kind of Partiality is natural to Mankind.”
  • Franklin’s “JOIN, or DIE” did some of that, too: it offered a lesson about the rulers and the ruled, and the nature of political communities. It made a claim about the colonies: they were parts of a whole.
  • When Benjamin Franklin began writing his autobiography, in 1771, he turned the story of his own escape—running away from his apprenticeship to his brother James—into a metaphor for the colonies’ growing resentment of parliamentary rule. James’s “harsh and tyrannical Treatment,” Franklin wrote, had served as “a means of impressing me with that Aversion to arbitrary Power that has stuck to me thro’ my whole Life.”7 But that was also the story of every runaway slave ad, testament after testament to an aversion to arbitrary power.
  • The American Revolution did not begin in 1775 and it didn’t end when the war was over. “The success of Mr. Lay, in sowing the seeds of . . . a revolution in morals, commerce, and government, in the new and in the old world, should teach the benefactors of mankind not to despair, if they do not see the fruits of their benevolent propositions, or undertakings, during their lives,” Philadelphia doctor Benjamin Rush later wrote.
  • There were not one but two American revolutions at the end of the eighteenth century: the struggle for independence from Britain, and the struggle to end slavery. Only one was won.
  • The Revolution was at its most radical in the challenge it presented to the institution of slavery and at its most conservative in its failure to meet that challenge. Still, the institution had begun to break, like a pane of glass streaked with cracks but not yet shattered.
  • “I wish our Poor Distracted State would atend to the many good Lessons” of history, Jane Franklin wrote to her brother, and not “keep always in a Flame.”21
  • After Annapolis, Madison went home to Virginia and resumed his course of study. In April of 1787, he drafted an essay called “Vices of the Political System of the United States.” It took the form of a list of eleven deficiencies,
  • it closed with a list of causes for these vices, which he located primarily “in the people themselves.” By this last he meant the danger that a majority posed to a minority: “In republican Government the majority however composed, ultimately give the law. Whenever therefore an apparent interest or common passion unites a majority what is to restrain them from unjust violations of the rights and interests of the minority, or of individuals?”27 What force restrains good men from doing bad things? Honesty, character, religion—these, history demonstrated, were not to be relied upon. No, the only force that could restrain the tyranny of the people was the force of a well-constructed constitution. It would have to be as finely wrought as an iron gate.
  • At the convention, it proved impossible to set the matter of slavery aside, both because the question of representation turned on it and because any understanding of the nature of tyranny rested on it. When Madison argued about the inevitability of a majority oppressing a minority, he cited ancient history, and told of how the rich oppressed the poor in Greece and Rome. But he cited, too, modern American history. “We have seen the mere distinction of color made in the most enlightened period of time, the ground of the most oppressive dominion ever exercised by man over man.”40
  • If not for the three-fifths rule, the representatives of free states would have outnumbered representatives of slave states by 57 to 33.44
  • Wilson, half Franklin’s age, read his remarks instead. “Mr. President,” he began, addressing Washington, “I confess that there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them.” He suggested that he might, one day, change his mind. “For having lived long, I have experienced many instances of being obliged by better information, or fuller consideration, to change opinions even on important subjects, which I once thought right, but found to be otherwise. It is therefore that the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others.” Hoping to pry open the minds of delegates who were closed to the compromise before them, he reminded them of the cost of zealotry. “Most men indeed as well as most sects in Religion, think themselves in possession of all truth, and that wherever others differ from them it is so far error.” But wasn’t humility the best course, in such circumstances? “Thus I consent, Sir, to this Constitution,” he closed, “because I expect no better, and because I am not sure, that it is not the best.”
  • Except for the Massachusetts Constitution, in 1780, and the second New Hampshire Constitution, in 1784, no constitution, no written system of government, had ever before been submitted to the people for their approval. “This is a new event in the history of mankind,” said the governor of Connecticut at his state’s ratification convention.
  • Nearly everything Washington did set a precedent. What would have happened if he had decided, before taking that oath of office, to emancipate his slaves? He’d grown disillusioned with slavery; his own slaves, and the greater number of slaves owned by his wife, were, to him, a moral burden, and he understood very well that for all the wealth generated by forced, unpaid labor, the institution of slavery was a moral burden to the nation. There is some evidence—slight though it is—that Washington drafted a statement announcing that he intended to emancipate his slaves before assuming the presidency. (Or maybe that statement, like Washington’s inaugural address, had been written by Hamilton, a member of New York’s Manumission Society.) This, too, Washington understood, would have established a precedent: every president after him would have had to emancipate his slaves. And yet he would not, could not, do it.65 Few of Washington’s decisions would have such lasting and terrible consequences as this one failure to act.
  • In the century and a half between the Connecticut charter and the 1787 meeting of the constitutional convention lies an entire revolution—not just a political revolution but also a religious revolution. So far from establishing a religion, the Constitution doesn’t even mention “God,” except in naming the date (“the year of our Lord . . .”). At a time when all but two states required religious tests for office, the Constitution prohibited them. At a time when all but three states still had an official religion, the Bill of Rights forbade the federal government from establishing one. Most Americans believed, with Madison, that religion can only thrive if it is no part of government, and that a free government can only thrive if it is no part of religion.
  • The replacement of debtors’ prison with bankruptcy protection would change the nature of the American economy, spurring investment, speculation, and the taking of risks.
  • as early as 1791, Madison had begun to revise his thinking. In an essay called “Public Opinion,” he considered a source of instability particular to a large republic: the people might be deceived. “The larger a country, the less easy for its real opinion to be ascertained,” he explained. That is, factions might not, in the end, consist of wise, knowledgeable, and reasonable men. They might consist of passionate, ignorant, and irrational men, who had been led to hold “counterfeit” opinions by persuasive men. (Madison was thinking of Hamilton and his ability to gain public support for his financial plan.)
  • The way out of this political maze was the newspaper. “A circulation of newspapers through the entire body of the people,” he explained, “is equivalent to a contraction of territorial limits.” Newspapers would make the country, effectively, smaller.90 It was an ingenious idea. It would be revisited by each passing generation of exasperated advocates of republicanism. The newspaper would hold the Republic together; the telegraph would hold the Republic together; the radio would hold the Republic together; the Internet would hold the Republic together. Each time, this assertion would be both right and terribly wrong.
  • Newspapers in the early republic weren’t incidentally or inadvertently partisan; they were entirely and enthusiastically partisan. They weren’t especially interested in establishing facts; they were interested in staging a battle of opinions. “Professions of impartiality I shall make none,” wrote a Federalist printer. “They are always useless, and are besides perfect nonsense.”92
  • Washington’s Farewell Address consists of a series of warnings about the danger of disunion. The North and the South, the East and the West, ought not to consider their interests separate or competing, Washington urged: “your union ought to be considered as a main prop of your liberty.” Parties, he warned, were the “worst enemy” of every government, agitating “the community with ill-founded jealousies and false alarms,” kindling “the animosity of one part against another,” and even fomenting “riot and insurrection.”
  • As to the size of the Republic, “Is there a doubt whether a common government can embrace so large a sphere? Let experience solve it.” The American experiment must go on. But it could only thrive if the citizens were supported by religion and morality, and if they were well educated. “Promote, then, as an object of primary importance, institutions for the general diffusion of knowledge,” he urged. “In proportion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened.”95
  • “Passion” or variants of the word appear seven times in the Farewell; it is the source of every problem; reason is its only remedy. Passion is a river. There would be no changing its course.
  • Adams and Jefferson lived in an age of quantification. It began with the measurement of time. Time used to be a wheel that turned, and turned again; during the scientific revolution, time became a line. Time, the easiest quantity to measure, became the engine of every empirical inquiry: an axis, an arrow. This new use and understanding of time contributed to the idea of progress—if time is a line instead of a circle, things can get better and even better, instead of forever rising and falling in endless cycles, like the seasons. The idea of progress animated American independence and animated, too, the advance of capitalism.
  • The quantification of time led to the quantification of everything else: the counting of people, the measurement of their labor, and the calculation of profit as a function of time. Keeping time and accumulating wealth earned a certain equivalency. “Time is money,” Benjamin Franklin used to say.
  • The two-party system turned out to be essential to the strength of the Republic. A stable party system organizes dissent. It turns discontent into a public good. And it insures the peaceful transfer of power, in which the losing party willingly, and without hesitation, surrenders its power to the winning party.
  • Behind Madison’s remarks about “lessening the proportion of slaves to the free people,” behind Jefferson’s tortured calculations about how many generations would have to pass before his own children could pass for “white,” lay this hard truth: none of these men could imagine living with descendants of Africans as political equals.
  • If the battle between John Adams and Thomas Jefferson had determined whether aristocracy or republicanism would prevail (and, with Jefferson, republicanism won), the battle between Andrew Jackson and John Quincy Adams would determine whether republicanism or democracy would prevail (and, with Jackson, democracy would, eventually, win). Jackson’s rise to power marked the birth of American populism. The argument of populism is that the best government is that most closely directed by a popular majority.
  • He was provincial, and poorly educated. (Later, when Harvard gave Jackson an honorary doctorate, John Quincy Adams refused to attend the ceremony, calling him “a barbarian who could not write a sentence of grammar and hardly could spell his own name.”)68 He had a well-earned reputation for being ferocious, ill-humored, and murderous, on the battlefield and off. When he ran for president, he had served less than a year in the Senate. Of his bid for the White House Jefferson declared, “He is one of the most unfit men I know of for such a place.”69 Jackson made a devilishly shrewd decision. He would make his lack of certain qualities—judiciousness, education, political experience—into strengths.
  • Eaton, who ran Jackson’s campaign, shrewdly revised his Life of Andrew Jackson, deleting or dismissing everything in Jackson’s past that looked bad and lavishing attention on anything that looked good and turning into strengths what earlier had been considered weaknesses: Eaton’s Jackson wasn’t uneducated; he was self-taught. He wasn’t ill-bred; he was “self-made.”
  • Watching the rise of American democracy, an aging political elite despaired, and feared that the Republic could not survive the rule of the people. Wrote John Randolph of Virginia, “The country is ruined past redemption.”
  • “The first principle of our system,” Jackson said, “is that the majority is to govern.” He bowed to the people. Then, all at once, the people nearly crushed him with their affection.
  • The democratization of American politics was hastened by revivalists like Stewart who believed in the salvation of the individual through good works and in the equality of all people in the eyes of God. Against that belief stood the stark and brutal realities of an industrializing age, the grinding of souls.
  • The great debates of the middle decades of the nineteenth century had to do with the soul and the machine. One debate merged religion and politics. What were the political consequences of the idea of the equality of souls? Could the soul of America be redeemed from the nation’s original sin, the Constitution’s sanctioning of slavery?
  • Another debate merged politics and technology. Could the nation’s new democratic traditions survive in the age of the factory, the railroad, and the telegraph? If all events in time can be explained by earlier events in time, if history is a line, and not a circle, then the course of events—change over time—is governed by a set of laws, like the laws of physics, and driven by a force, like gravity. What is that force? Is change driven by God, by people, or by machines? Is progress the progress of Pilgrim’s Progress, John Bunyan’s 1678 allegory—the journey of a Christian from sin to salvation? Is progress the extension of suffrage, the spread of democracy? Or is progress invention, the invention of new machines?
  • A distinctively American idea of progress involved geography as destiny, picturing improvement as change not only over time but also over space.
  • If the sincerity of converts was often dubious, another kind of faith was taking deeper root in the 1820s, an evangelical faith in technological progress, an unquestioning conviction that each new machine was making the world better. That faith had a special place in the United States, as if machines had a distinctive destiny on the American continent. In prints and paintings, “Progress” appeared as a steam-powered locomotive, chugging across the continent, unstoppable. Writers celebrated inventors as “Men of Progress” and “Conquerors of Nature” and lauded their machines as far worthier than poetry. The triumph of the sciences over the arts meant the defeat of the ancients by the moderns. The genius of Eli Whitney, hero of modernity, was said to rival that of Shakespeare; the head of the U.S. Patent Office declared the steamboat “a mightier epic” than the Iliad.18
  • To Jackson’s supporters, his election marked not degeneration but a new stage in the history of progress. Nowhere was this argument made more forcefully, or more influentially, than in George Bancroft’s History of the United States from the Discovery of the American Continent to the Present. The book itself, reviewers noted, voted for Jackson. The spread of evangelical Christianity, the invention of new machines, and the rise of American democracy convinced Bancroft that “humanism is steady advancing,” and that “the advance of liberty and justice is certain.” That advance, men like Bancroft and Jackson believed, required Americans to march across the continent, to carry these improvements from east to west, the way Jefferson had pictured it. Democracy, John O’Sullivan, a New York lawyer and Democratic editor, argued in 1839, is nothing more or less than “Christianity in its earthly aspect.” O’Sullivan would later coin the term “manifest destiny” to describe this set of beliefs, the idea that the people of the United States were fated “to over spread and to possess the whole of the continent which Providence has given for the development of the great experiment of liberty.”23
  • To evangelical Democrats, Democracy, Christianity, and technology were levers of the same machine. And yet, all along, there were critics and dissenters and objectors who saw, in the soul of the people, in the march of progress, in the unending chain of machines, in the seeming forward movement of history, little but violence and backwardness and a great crushing of men, women, and children. “Oh, America, America,” Maria Stewart cried, “foul and indelible is thy stain!”24
  • The self-evident, secular truths of the Declaration of Independence became, to evangelical Americans, the truths of revealed religion. To say that this marked a turn away from the spirit of the nation’s founding is to wildly understate the case. The United States was founded during the most secular era in American history, either before or since. In the late eighteenth century, church membership was low, and anticlerical feeling was high.
  • The United States was not founded as a Christian nation. The Constitution prohibits religious tests for officeholders. The Bill of Rights forbids the federal government from establishing a religion, James Madison having argued that to establish
  • The separation of church and state allowed religion to thrive; that was one of its intentions. Lacking an established state religion, Americans founded new sects, from Shakers to Mormons, and rival Protestant denominations sprung up in town after town. Increasingly, the only unifying, national religion was a civil religion, a belief in the American creed. This faith bound the nation together, and provided extraordinary political stability in an era of astonishing change,
  • Slavery wasn’t an aberration in an industrializing economy; slavery was its engine. Factories had mechanical slaves; plantations had human slaves. The power of machines was measured by horsepower, the power of slaves by hand power. A healthy man counted as “two hands,” a nursing woman as a “half-hand,” a child as a “quarter-hand.”
  • With Walker, the antislavery argument for gradual emancipation, with compensation for slave owners, became untenable. Abolitionists began arguing for immediate emancipation. And southern antislavery societies shut their doors. As late as 1827, the number of antislavery groups in the South had outnumbered those in the North by more than four to one. Southern antislavery activists were usually supporters of colonization, not of emancipation. Walker’s Appeal ended the antislavery movement in the South and radicalized it in the North.
  • The rebellion rippled across the Union. The Virginia legislature debated the possibility of emancipating its slaves, fearing “a Nat Turner might be in every family.” Quakers submitted a petition to the state legislature calling for abolition. The petition was referred to a committee, headed by Thomas Jefferson’s thirty-nine-year-old grandson, Thomas Jefferson Randolph, who proposed a scheme of gradual emancipation. Instead, the legislature passed new laws banning the teaching of slaves to read and write, and prohibiting, too, teaching slaves about the Bible.43 In a nation founded on a written Declaration, made sacred by evangelicals during a religious revival, reading about equality became a crime.
  • One consequence of the rise of Jacksonian democracy and the Second Great Awakening was the participation of women in the reformation of American politics by way of American morals. When suffrage was stripped of all property qualifications, women’s lack of political power became starkly obvious. For women who wished to exercise power, the only source of power seemingly left to them was their role as mothers, which, they suggested, rendered them morally superior to men—more loving, more caring, and more responsive to the cries of the weak.
  • Purporting to act less as citizens than as mothers, cultivating the notion of “republican motherhood,” women formed temperance societies, charitable aid societies, peace societies, vegetarian societies, and abolition societies. The first Female Anti-Slavery Society was founded in Boston in 1833; by 1837, 139 Female Anti-Slavery Societies had been founded across the country,
  • After 1835, she never again spoke in public. As Catherine Beecher argued in 1837, in An Essay on Slavery and Abolitionism, with Reference to the Duty of American Females, “If the female advocate chooses to come upon a stage, and expose her person, dress, and elocution to public criticism, it is right to express disgust.”
  • Jacksonian democracy distributed political power to the many, but industrialization consolidated economic power in the hands of a few. In Boston, the top 1 percent of the population controlled 10 percent of wealth in 1689, 16 percent in 1771, 33 percent in 1833, and 37 percent in 1848, while the lowest 80 percent of the population controlled 39 percent of the wealth in 1689, 29 percent in 1771, 14 percent in 1833, and a mere 4 percent in 1848.
  • In New York, the top 1 percent of the population controlled 40 percent of the wealth in 1828 and 50 percent in 1845; the top 4 percent of the population controlled 63 percent of the wealth in 1828 and 80 percent in 1845.49
  • While two and a half million Europeans had migrated to all of the Americas between 1500 and 1800, the same number—two and a half million—arrived specifically in the United States between 1845 and 1854 alone. As a proportion of the U.S. population, European immigrants grew from 1.6 percent in the 1820s to 11.2 percent in 1860. Writing in 1837, one Michigan reformer called the nation’s rate of immigration “the boldest experiment upon the stability of government ever made in the annals of time.”51 The largest
  • Critics of Jackson—himself the son of Irish immigrants—had blamed his election on the rising population of poor, newly enfranchised Irishmen. “Everything in the shape of an Irishman was drummed to the polls,” one newspaper editor wrote in 1828.52 By 1860, more than one in eight Americans were born in Europe, including 1.6 million Irish and 1.2 million Germans, the majority of whom were Catholic. As the flood of immigrants swelled, the force of nativism gained strength, as did hostility toward Catholics, fueled by the animus of evangelical Protestants.
  • The insularity of both Irish and German communities contributed to a growing movement to establish tax-supported public elementary schools, known as “common schools,” meant to provide a common academic and civic education to all classes of Americans. Like the extension of suffrage to all white men, this element of the American experiment propelled the United States ahead of European nations. Much of the movement’s strength came from the fervor of revivalists. They hoped that these new schools would assimilate a diverse population of native-born and foreign-born citizens by introducing them to the traditions of American culture and government, so that boys, once men, would vote wisely, and girls, once women, would raise virtuous children. “It is our duty to make men moral,” read one popular teachers’ manual, published in 1830. Other advocates hoped that a shared education would diminish partisanship. Whatever the motives of its advocates, the common school movement emerged out of, and nurtured, a strong civic culture.56
  • With free schools, literacy spread, and the number of newspapers rose, a change that was tied to the rise of a new party system. Parties come and go, but a party system—a stable pair of parties—has characterized American politics since the ratification debates. In American history the change from one party system to another has nearly always been associated with a revolution in communications that allows the people to shake loose of the control of parties. In the 1790s, during the rise of the first party system, which pitted Federalists against Republicans, the number of newspapers had swelled. During the shift to the second party system, which, beginning in 1833, pitted Democrats against the newly founded Whig Party, not only did the number of newspapers rise, but their prices plummeted.
  • The newspapers of the first party system, which were also known as “commercial advertisers,” had consisted chiefly of partisan commentary and ads, and generally sold for six cents an issue. The new papers cost only one cent, and were far more widely read. The rise of the so-called penny press also marked the beginning of the triumph of “facts” over “opinion” in American journalism, mainly because the penny press aimed at a different, broader, and less exclusively partisan, audience. The New York Sun appeared in 1833. “It shines for all” was its common-man motto. “The object of this paper is to lay before the public, at a price within the means of everyone, ALL THE NEWS OF THE DAY,” it boasted. It dispensed with subscriptions and instead was circulated at newsstands, where it was sold for cash, to anyone who had a ready penny. Its front page was filled not with advertising but with news. The penny press was a “free press,” as James Gordon Bennett of the New York Herald put it, because it wasn’t beholden to parties. (Bennett, born in Scotland, had immigrated to the United States after reading Benjamin Franklin’s Autobiography.) Since the paper was sold at newsstands, rather than mailed to subscribers, he explained, its editors and writers were “entirely ignorant who are its readers and who are not.” They couldn’t favor their readers’ politics because they didn’t know them. “We shall support no party,” Bennett insisted. “We shall endeavor to record facts.”
  • During the days of the penny press, Tocqueville observed that Americans had a decided preference for weighing the facts of a matter themselves: They mistrust systems; they adhere closely to facts and study facts with their own senses. As they do not easily defer to the mere name of any fellow man, they are never inclined to rest upon any man’s authority; but, on the contrary, they are unremitting in their efforts to find out the weaker points of their neighbor’s doctrine.60
  • For centuries, Europeans had based their claims to lands in the New World on arguments that native peoples had no right to the land they inhabited, no sovereignty over it, because they had no religion, or because they had no government, or because they had no system of writing. The Cherokees, with deliberation and purpose, challenged each of these arguments.
  • Britain, Calhoun argued that if a state were to decide that a law passed by Congress was unconstitutional, the Constitution would have to be amended, and if such an amendment were not ratified—if it didn’t earn the necessary approval of three-quarters of the states—the objecting state would have the right to secede from the Union. The states had been sovereign before the Constitution was ever written, or even thought of, Calhoun argued, and they remained sovereign. Calhoun also therefore argued against majority rule; nullification is fundamentally anti-majoritarian. If states can secede, the majority does not rule.78 The nullification crisis was
  • New York abolished debtors’ prison in 1831, and in 1841, Congress passed a federal law offering bankruptcy protection to everyone. Within two years, 41,000 Americans had filed for bankruptcy. Two years later, the law was repealed, but state laws continued to offer bankruptcy protection and, still more significantly, debtors’ prisons were gone for good. In Britain and all of Europe except Portugal, offenders were still being thrown in debtors’ prison (a plot that animated many a nineteenth-century novel); in the United States, debtors could declare bankruptcy and begin again.
  • A nation of debtors, Americans came to see that most people who fall into debt are victims of the business cycle and not of fate or divine retribution or the wheel of fortune. The nation’s bankruptcy laws, even as they came and went again, made taking risks less risky for everyone, which meant that everyone took more risks.
  • the geographical vastness of the United States meant that the anxiety about the machinery of industrial capitalism took the form not of Marxism, with its argument that “the history of all hitherto existing society is the history of class struggles,” but instead of a romance with nature, and with the land, and with all things rustic. Against the factory, Americans posed not a socialist utopia but the log cabin.
  • Were all these vast designs and rapid strides worth it? Thoreau thought not. He came to this truth: “They are but improved means to an unimproved end.”112
  • Expansion, even more than abolition, pressed upon the public the question of the constitutionality of slavery. How or even whether this crisis would be resolved was difficult to see not only because of the nature of the dispute but also because there existed very little agreement about who might resolve it: Who was to decide whether a federal law was unconstitutional?
  • In the midst of all this clamoring among the thundering white-haired patriarchs of American politics, there emerged the idea that the authority to interpret the Constitution rests with the people themselves. Or, at least, this became a rather fashionable thing to say. “It is, Sir, the people’s Constitution, the people’s government, made for the people, made by the people, and answerable to the people,” Daniel Webster roared from the floor of Congress.14 Every man could read and understand the Constitution, Webster insisted.
  • The Notes, it appeared, could be read as variously as the Constitution itself. As one shrewd observer remarked, “The Constitution threatens to be a subject of infinite sects, like the Bible.” And, as with many sects, those politicians who most strenuously staked their arguments on the Constitution often appeared the least acquainted with it. Remarked New York governor Silas Wright, “No one familiar with the affairs of our government, can have failed to notice how large a proportion of our statesmen appear never to have read the Constitution of the United States with a careful reference to its precise language and exact provisions, but rather, as occasion presents, seem to exercise their ingenuity . . . to stretch both to the line of what they, at the moment, consider expedient.”22
  • A NATION HAS borders but the edges of an empire are frayed.23 While abolitionists damned the annexation of Texas as an extension of the slave power, more critics called it an act of imperialism, inconsistent with a republican form of government. “We have a republic, gentlemen, of vast extent and unequalled natural advantages,” Daniel Webster pointed out. “Instead of aiming to enlarge its boundaries, let us seek, rather, to strengthen its union.”24 Webster lost that argument, and, in the end, it was the American reach for empire that, by sundering the Union, brought about the collapse of slavery.
  • Although hardly ever reported in the press, the years between 1830 and 1860 saw more than one hundred incidents of violence between congressmen, from melees in the aisles to mass brawls on the floor, from fistfights and duels to street fights. “It is the game of these men, and of their profligate organs,” Dickens wrote, “to make the strife of politics so fierce and brutal, and so destructive of all self-respect in worthy men, that sensitive and delicate-minded persons shall be kept aloof, and they, and such as they, be left to battle out their selfish views unchecked.”
  • They spat venom. They pulled guns. They unsheathed knives. Divisions of party were abandoned; the splinter in Congress was sectional. Before heading to the Capitol every morning, southern congressmen strapped bowie knives to their belts and tucked pistols into their pockets. Northerners, on principle, came unarmed. When northerners talked about the slave power, they meant that literally.32
  • If the United States were to acquire territory from Mexico, and if this territory were to enter the Union, would Mexicans become American citizens? Calhoun, now in the Senate, vehemently opposed this idea. “I protest against the incorporation of such a people,” he declared. “Ours is the government of the white man.”
  • And yet, as different as were Wilmot’s interests from Calhoun’s, they were both interested in the rights of white men, as Wilmot made plain. “I plead the cause of the rights of white freemen,” he said. “I would preserve for free white labor a fair country, a rich inheritance, where the sons of toil, of my own race and own color, can live without the disgrace which association with negro slavery brings upon free labor.”
  • If the problem was the size of the Republic, the sprawl of its borders, the frayed edges of empire, couldn’t railroads, and especially the telegraph, tie the Republic together? “Doubt has been entertained by many patriotic minds how far the rapid, full, and thorough intercommunication of thought and intelligence, so necessary to the people living under a common representative republic, could be expected to take place throughout such immense bounds,” said one House member in 1845, but “that doubt can no longer exist.”45
  • even Americans with an unflinching faith in machine-driven progress understood that a pulse along a wire could not stop the slow but steady dissolution of the Union.
  • the Treaty of Guadalupe Hidalgo, under which the top half of Mexico became the bottom third of the United States. The gain to the United States was as great as the loss to Mexico. In 1820, the United States of America had spanned 1.8 million square miles, with a population of 9.6 million people; Mexico had spanned 1.7 million square miles, with a population of 6.5 million people. By 1850, the United States had acquired one million square miles of Mexico, and its population had grown to 23.2 million; Mexico’s population was 7.5 million.49
  • The Louisiana Purchase had doubled the size of the United States. In gaining territory from Mexico, the United States grew by 64 percent.
  • the territory comprising the United States had grown to “nearly ten times as large as the whole of France and Great Britain combined; three times as large as the whole of France, Britain, Austria, Prussia, Spain, Portugal, Belgium, Holland, and Denmark, together; one-and-a-half times as large as the Russian empire in Europe; one-sixth less only than the area covered by the fifty-nine or sixty empires, states, and Republics of Europe; of equal extent with the Roman Empire or that of Alexander, neither of which is said to have exceeded 3,000,000 square miles.”50
  • Sentiment was not Fuller’s way; debate was her way. She was a scourge of lesser intellects. Edgar Allan Poe, whose work she did not admire, described her as wearing a perpetual sneer. In “The Great Lawsuit: Man versus Men, Woman versus Women,” Fuller argued that the democratization of American politics had cast light on the tyranny of men over women: “As men become aware that all men have not had their fair chance,” she observed, women had become willing to say “that no women have had a fair chance.”
  • In 1845, in Woman in the Nineteenth Century, Fuller argued for fundamental and complete equality: “We would have every path laid open to Woman as freely as to Man.”56 The book was wildly successful, and Greeley, who had taken to greeting Fuller with one of her catchphrases about women’s capacity—“Let them be sea-captains, if you will”—sent her to Europe to become his newspaper’s foreign correspondent.
  • Reeling from those revolutions, the king of Bavaria asked the historian Leopold von Ranke to explain why his people had rebelled against monarchial rule, as had so many peoples in Europe that year. “Ideas spread most rapidly when they have found adequate concrete expression,” Ranke told the king, and the United States had “introduced a new force in the world,” the idea that “the nation should govern itself,” an idea that would determine “the course of the modern world”: free speech, spread by wire, would make the whole world free.61
  • Unlike Thoreau, who cursed the railroads, Free-Soilers believed in improvement, improvement through the hard work of the laboring man, his power, his energy. “Our paupers to-day, thanks to free labor, are our yeoman and merchants of tomorrow,” the New York Times boasted. “Why, who are the laboring people of the North?” Daniel Webster asked. “They are the whole North. They are the people who till their own farms with their own hands, freeholders, educated men, independent men.”
  • This attack by northerners led southerners to greater exertions in defending their way of life. They battled on several fronts. They described northern “wage slavery” as a far more exploitative system of labor than slavery. They celebrated slavery as fundamental to American prosperity. Slavery “has grown with our growth, and strengthened with our strength,” Calhoun said. And they elaborated an increasingly virulent ideology of racial difference, arguing against the very idea of equality embodied in the American creed.
  • Conservative Virginian George Fitzhugh, himself inspired by ethnological thinking, dismissed the “self-evident truths” of the Declaration of Independence as utter nonsense. “Men are not born physically, morally, or intellectually equal,” he wrote. “It would be far nearer the truth to say, ‘that some were born with saddles on their backs, and others booted and spurred to ride them,’—and the riding does them good.”
  • For Fitzhugh, the error had begun in the imaginations of the philosophes of the Enlightenment and in their denial of the reality of history. Life and liberty are not “inalienable rights,” Fitzhugh argued: instead, people “have been sold in all countries, and in all ages, and must be sold so long as human nature lasts.” Equality means calamity: “Subordination, difference of caste and classes, difference of sex, age, and slavery beget peace and good will.”
  • Progress is an illusion: “the world has not improved in the last two thousand, probably four thousand years.” Perfection is to be found in the past, not in the future.66 As for the economic systems of the North and the South, “Free laborers have not a thousandth part of the rights and liberties of negro slaves,” Fitzhugh insisted. “The negro slaves of the South are the happiest, and, in some sense, the freest people in the world.”67
  • HISTORY TEEMS WITH mishaps and might-have-beens: explosions on the Potomac, storms not far from port, narrowly contested elections, court cases lost and won, political visionaries drowned. But over the United States in the 1850s, a sense of inevitability fell, as if there were a fate, a dismal dismantlement, that no series of events or accidents could thwart.
  • over the United States in the 1850s, a sense of inevitability fell, as if there were a fate, a dismal dismantlement, that no series of events or accidents could thwart.
  • Douglas promoted the idea of popular sovereignty, proclaiming, “If there is any one principle dearer and more sacred than all others in free governments, it is that which asserts the exclusive right of a free people to form and adopt their own fundamental law.”75 Unfree people, within Stephen Douglas’s understanding, had no such rights.
  • the Fugitive Slave Law, required citizens to turn in runaway slaves and denied fugitives the right to a jury trial. The law, said Harriet Jacobs, a fugitive slave living in New York, marked “the beginning of a reign of terror to the colored population.”76 Bounty hunters and slave catchers hunted down and captured former slaves and returned them to their owners for a fee. Little stopped them from seizing men, women, and children who had been born free, or who had been legally emancipated, and selling them to the South, too. Nothing so brutally exposed the fragility of freedom or the rapaciousness of slavery.
  • February 1854, at their convention in Philadelphia, northern Know-Nothings proposed a platform plank calling for the reinstatement of the Missouri Compromise. When that motion was rejected, some fifty delegates from eight northern states bolted: they left the convention, and the party, to set up their own party, the short-lived North American Party. Nativism would endure as a force in American politics, but, meanwhile, nativists split over slavery.
  • Lincoln’s was the language of free soil, free speech, and free labor. He grounded his argument against slavery in his understanding of American history, in the language of Frederick Douglass, and in his reading of the Constitution. “Let no one be deceived,” he said. “The spirit of seventy-six and the spirit of Nebraska, are utter antagonisms.”
  • As a nation, we began by declaring that “all men are created equal.” We now practically read it “all men are created equal, except negroes.” When the Know-Nothings get control, it will read “all men are created equal, except negroes, and foreigners, and Catholics.” When it comes to this I should prefer emigrating to some country where they make no pretense of loving liberty—to Russia, for instance, where despotism can be taken pure, and without the base alloy of hypocrisy.
  • “That negroes, whether slave or free, that is, men of the African race, are not citizens of the United States by the Constitution.” The implications of the ruling stunned his readers. Even Americans who held no strong views on the question of slavery—and they were rare enough—were nonetheless shocked by the court’s exercise of the authority to determine the unconstitutionality of the law.
  • “A large meeting of colored people” was held in Philadelphia in April, at which it was resolved that “the only duty the colored man owes to a Constitution under which he is declared to be an inferior and degraded being, having no rights which white men are bound to respect, is to denounce and repudiate it, and to do what he can by all proper means to bring it into contempt.”
  • “You may close your Supreme Court against the black man’s cry for justice, but you cannot, thank God, close against him the ear of a sympathising world, nor shut up the Court of Heaven.” Taney’s interpretation of the Constitution would be ignored, Douglass predicted. “Slavery lives in this country not because of any paper Constitution, but in the moral blindness of the American people.”102
  • APHOTOGRAPH STOPS TIME, TRAPPING IT LIKE A BUTTERFLY in a jar.
  • No other kind of historical evidence has this quality of instantaneity, of an impression taken in a moment, in a flicker, an eye opened and then shut. Photographs also capture the ordinary, the humble, the speechless. The camera discriminates between light and dark but not between the rich and the poor, the literate and the illiterate, the noisy and the quiet.
  • portraits were also closely associated with death, with being trapped in time, on glass, for eternity, and, even more poignantly, with equality.3 With photography, Walt Whitman predicted, “Art will be democratized.”
  • Morse had long predicted that the telegraph would usher in an age of world peace. “I trust that one of its effects will be to bind man to his fellow-man in such bonds of amity as to put an end to war,” he insisted.8 War was a failure of technology, Morse argued, a shortcoming of communication that could be remedied by way of a machine. Endowing his work with the grandest of purposes, he believed that the laying of telegraph wires across the American continent would bind the nation together into one people, and that the laying of cable across the ocean would bind Europe to the Americas, ushering in the dawn of an age of global harmony.
  • But war isn’t a failure of technology; it’s a failure of politics.
  • Debate is to war what trial by jury is to trial by combat: a way to settle a dispute without coming to blows. The form and its rules had been established over centuries. They derived from rules used in the courts and in Parliament, and even from the rules of rhetoric used in the writing of poetry. Since the Middle Ages and the founding of the first universities, debate had been the foundation of a liberal arts education.
  • (Etymologically and historically, the artes liberales are the arts acquired by people who are free, or liber.)10 In the eighteenth century, debate was understood as the foundation of civil society. In 1787, delegates to the constitutional convention had agreed to “to argue without asperity, and to endeavor to convince the judgment without hurting the feelings of each other.”
  • Some twelve thousand people showed up for their first debate, at two o’clock in the afternoon on August 21, in Ottawa, Illinois. There were no seats; the audience stood, without relief, for three hours.
  • They’d agreed to strict rules: the first speaker would speak for an hour and the second for an hour and a half, whereupon the first speaker would offer a thirty-minute rebuttal.
  • And, as to the wrongness of slavery, he called it tyranny, and the idea of its naturalness as much an error as a belief in the divine right of kings. The question wasn’t sectionalism or nationalism, the Democratic Party or the Republican Party. The question was right against wrong. “That is the issue that will continue in this country when these poor tongues of Judge Douglas and myself shall be silent,” Lincoln said.16
  • The price of slaves grew so high that a sizable number of white southerners urged the reopening of the African slave trade. In the 1850s, legislatures in several states, including South Carolina, proposed reopening the trade. Adopting this measure would have violated federal law. Some “reopeners” believed that the federal ban on the trade was unconstitutional; others were keen to nullify it, in a dress rehearsal for secession.
  • “If it is right to buy slaves in Virginia and carry them to New Orleans, why is it not right to buy them in Cuba, Brazil, or Africa and carry them there?”21 Proslavery southerners made these arguments under the banner of “free trade,” their rhetorical answer to “free labor.”
  • To George Fitzhugh, all societies were “at all times and places, regulated by laws as universal and as similar as those which control the affairs of bees,” and trade itself, including the slave trade, was “as old, as natural, and irresistible as the tides of the ocean.”
  • In 1855, David Christy, the author of Cotton Is King, wrote about the vital importance of “the doctrine of Free Trade,” which included abolishing the tariffs that made imported English goods more expensive than manufactured goods produced in the North. As one southerner put it, “Free trade, unshackled industry, is the motto of the South.”23
  • Darwin’s Origin of Species would have a vast and lingering influence on the world of ideas. Most immediately, it refuted the racial arguments of ethnologists like Louis Agassiz. And, in the months immediately following the book’s publication—the last, unsettling months before the beginning of the Civil War—abolitionists took it as evidence of the common humanity of man.30
  • The truths of the Confederacy disavowed the truths of the Union. The Confederacy’s newly elected vice president, a frail Georgian named Alexander Stephens, delivered a speech in Savannah in which he made those differences starkly clear. The ideas that lie behind the Constitution “rested upon the assumption of the equality of races,” Stephens said, but
  • “Our new government is founded upon exactly the opposite idea: its foundations are laid, its cornerstone rests, upon the great truth that the negro is not equal to the white man; that slavery . . . is his natural and moral condition. This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth.”52 It would become politically expedient, after the war, for ex-Confederates to insist that the Confederacy was founded on states’ rights. But the Confederacy was founded on white supremacy.
  • Opposition to free speech had long been the position of slave owners, a position taken at the constitutional convention and extended through the gag rule, antiliteracy laws, bans on the mails, and the suppression of speakers. An aversion to political debate also structured the Confederacy, which had both a distinctive character and a lasting influence on Americans’ ideas about federal authority as against popular sovereignty.
  • Secessionists were attempting to build a modern, proslavery, antidemocratic state. In order to wage a war, the leaders of this fundamentally antidemocratic state needed popular support. Such support was difficult to gain and impossible to maintain. The Confederacy therefore suppressed dissent.55
  • By May of 1861, the Confederacy comprised fifteen states stretching over 900,000 square miles and containing 12 million people, including 4 million slaves, and 4 million white women who were disenfranchised. It rested on the foundational belief that a minority governs a majority. “The condition of slavery is with us nothing but a form of civil government for a class of people not fit to govern themselves,” said Jefferson Davis.
  • There would be those, after the war ended, who said that it had been fought over states’ rights or to preserve the Union or for a thousand other reasons and causes. Soldiers, North and South, knew better. “The fact that slavery is the sole undeniable cause of this infamous rebellion, that it is a war of, by, and for Slavery, is as plain as the noon-day sun,” a soldier writing for his Wisconsin regimental newspaper explained in 1862. “Any man who pretends to believe that this is not a war for the emancipation of the blacks,” a soldier writing for his Confederate brigade’s newspaper wrote that same year, “is either a fool or a liar.”
  • Lincoln would remain a man trapped in time, in the click of a shutter and by the trigger of a gun. In mourning him, in sepia and yellow, in black and white, beneath plates of glinting glass, Americans deferred a different grief, a vaster and more dire reckoning with centuries of suffering and loss, not captured by any camera, not settled by any amendment, the injuries wrought on the bodies of millions of men, women, and children, stolen, shackled, hunted, whipped, branded, raped, starved, and buried in unmarked graves.
  • No president consecrated their cemeteries or delivered their Gettysburg address; no committee of arrangements built monuments to their memory. With Lincoln’s death, it was as if millions of people had been crammed into his tomb, trapped in a vault that could not hold them.
  • People running for Congress didn’t have to meet property requirements; they didn’t have to have been born in the United States; and they couldn’t be subjected to religious tests. This same logic applied to citizenship, and for the same reason: the framers of the Constitution understood these sorts of requirements as forms of political oppression. The door to the United States was meant to be open.
  • Before the 1880s, no federal law restricted immigration. And, despite periods of fervent nativism, especially in the 1840s, the United States welcomed immigrants into citizenship, and valued them. After the Civil War, the U.S. Treasury estimated the worth of each immigrant as equal to an $800 contribution to the nation’s economy,
  • Nineteenth-century politicians and political theorists interpreted American citizenship within the context of an emerging set of ideas about human rights and the authority of the state, holding dear the conviction that a good government guarantees everyone eligible for citizenship the same set of political rights, equal and irrevocable.
  • The Civil War raised fundamental questions not only about the relationship between the states and the federal government but also about citizenship itself and about the very notion of a nation-state. What is a citizen? What powers can a state exert over its citizens? Is suffrage a right of citizenship, or a special right, available only to certain citizens? Are women citizens? And if women are citizens, why aren’t they voters? What about Chinese immigrants, pouring into the West? They were free. Were they, under American law, “free white persons” or “free persons of color” or some other sort of persons?
  • In 1866, Congress searched in vain for a well-documented definition of the word “citizen.” Over the next thirty years, that definition would become clear, and it would narrow.
  • In 1896, the U.S. passport office, in the Department of State, which had grown to thousands of clerks, began processing applications according to new “Rules Governing the Application of Passports,” which required evidence of identity, including a close physical description Lew Wa Ho worked at a dry goods shop in St. Louis; the photograph was included in his Immigration Service case file as evidence of employment. Age, _____ years; stature, _____ feet _____ inches (English measure); forehead, _____; eyes, _____; nose, _____; mouth, _____; chin, _____; hair, _____; complexion, _____; face, _____ as well as affidavits, signatures, witnesses, an oath of loyalty, and, by way of an application fee, one dollar.12
  • The Fourteenth Amendment, drafted by the Joint Committee on Reconstruction, marked the signal constitutional achievement of a century of debate and war, of suffering and struggle. It proposed a definition of citizenship guaranteeing its privileges and immunities, and insuring equal protection and due process to all citizens. “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,”
  • “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”20
  • During the drafting of the amendment, the committee betrayed the national phalanx of women who for decades had fought for abolition and for black civil rights by proposing to insert, into the amendment’s second section, a provision that any state that denied the right to vote “to any of the male inhabitants of such state” would lose representation in Congress. “Male” had never before appeared in any part of the Constitution. “If that word ‘male’ be inserted,” Stanton warned, “it will take us a century at least to get it out.”21 She was not far wrong.
  • Women protested. “Can any one tell us why the great advocates of Human Equality . . . forget that when they were a weak party and needed all the womanly strength of the nation to help them on, they always united the words ‘without regard to sex, race, or color’?” asked Ohio-born reformer Frances Gage. Charles Sumner offered this answer: “We know how the Negro will vote, but are not so sure of the women.” How women would vote was impossible to know. Would black women vote the way black men voted? Would white women vote like black women? Republicans decided they’d rather not find out.
  • In the federal census of 1860, 24,282 out of 34,935 Chinese toiled in mines. Although some Chinese immigrants left mining—and some were forced out—many continued to mine well into the 1880s, often working in sites abandoned by other miners.
  • An 1867 government report noted that in Montana, “the diggings now fall into the hands of the Chinese, who patiently glean the fields abandoned by the whites.” Chinese workers began settling in Boise in 1865 and only five years later constituted a third of Idaho’s settlers and nearly 60 percent of its miners. In 1870, Chinese immigrants and their children made up nearly 9 percent of the population of California, and one-quarter of the state’s wage earners.
  • Their rights, under state constitutions and statutes, were markedly limited. Oregon’s 1857 constitution barred “Chinamen” from owning real estate, while California barred Chinese immigrants from testifying in court, a provision upheld in an 1854 state supreme court opinion, People v. Hall, which described the Chinese as “a race of people whom nature has marked as inferior, and who are incapable of progress or intellectual development beyond a certain point, as their history has shown.”29
  • And what about the voting rights of U.S.-born Chinese Americans? Much turned on the Fifteenth Amendment, proposed early in 1869. While the aim of the amendment was to guarantee African Americans the right to vote and hold office, its language inevitably raised the question of Chinese citizenship and suffrage. Opponents of the amendment found its entire premise scandalous. Garrett Davis, a Democratic senator from Kentucky, fumed, “I want no negro government; I want no Mongolian government; I want the government of the white man which our fathers incorporated.”33
  • Douglass spoke about what he called a “composite nation,” a strikingly original and generative idea, about a citizenry made better, and stronger, not in spite of its many elements, but because of them: “I want a home here not only for the negro, the mulatto and the Latin races; but I want the Asiatic to find a home here in the United States, and feel at home here, both for his sake and for ours.”36
  • Tilden won the nomination anyway and, in the general election, he won the popular vote against Hayes. Unwilling to accept the result of the election, Republicans disputed the returns in Florida, Louisiana, and South Carolina.
  • Eventually, the decision was thrown to an electoral commission that brokered a nefarious compromise: Democrats agreed to throw their support behind the man ever after known as Rutherfraud B. Hayes, so that he could become president, in exchange for a promise from Republicans to end the military occupation of the South. For a minor and petty political win over the Democratic Party, Republicans first committed electoral fraud and then, in brokering a compromise, abandoned a century-long fight for civil rights.
  • As soon as federal troops withdrew, white Democrats, calling themselves the “Redeemers,” took control of state governments of the South, and the era of black men’s enfranchisement came to a violent and terrible end. The Klan terrorized the countryside, burning homes and hunting, torturing, and killing people. (Between 1882 and 1930, murderers lynched more than three thousand black men and women.)
  • Black politicians elected to office were thrown out. And all-white legislatures began passing a new set of black codes, known as Jim Crow laws, that segregated blacks from whites in every conceivable public place, down to the last street corner. Tennessee passed the first Jim Crow law, in 1881, mandating the separation of blacks and whites in railroad cars. Georgia became the first state to demand separate seating for whites and blacks in streetcars, in 1891.
  • “Capital buys and sells to-day the very heart-beats of humanity,” she said. Democracy itself had been corrupted by it: “the speculators, the land-robbers, the pirates and gamblers of this Nation have knocked unceasingly at the doors of Congress, and Congress has in every case acceded to their demands.”44 The capitalists, she said, had subverted the will of the people.
  • In the late nineteenth century, a curious reversal took place. Electoral politics, the politics men engaged in, became domesticated, the office work of education and advertising—even voting moved indoors. Meanwhile, women’s political expression moved to the streets. And there, at marches, rallies, and parades, women deployed the tools of the nineteenth-century religious revival: the sermon, the appeal, the conversion.45
  • 1862 alone, in addition to the Homestead Act, the Republican Congress passed the Pacific Railway Act (chartering railroad companies to build the line from Omaha, Nebraska, to Sacramento, California) and the National Bank Act (to issue paper money to pay for it all). After the war, political power moved from the states to the federal government and as the political influence of the South waned, the importance of the West rose. Congress not only sent to the states amendments to the Constitution that defined citizenship and guaranteed voting rights but also passed landmark legislation involving the management of western land, the control of native populations, the growth and development of large corporations, and the construction of a national transportation infrastructure.
  • The independent farmer—the lingering ideal of the Jeffersonian yeoman—remained the watchword of the West, but in truth, the family farming for subsistence, free of government interference, was far less common than a federally subsidized, capitalist model of farming and cattle raising for a national or even an international market. The small family farm—Jefferson’s republican dream—was in many parts of the arid West an environmental impossibility.
  • Much of the property distributed under the terms of the Homestead Act, primarily in the Great Basin, was semi-arid, the kind of land on which few farmers could manage a productive farm with only 160 acres. Instead, Congress typically granted the best land to railroads, and allowed other, bigger interests to step in, buying up large swaths for agricultural business or stock raising and fencing it in, especially after the patenting of barbed wire in 1874.46
  • In 1885, an American economist tried to reckon the extraordinary transformation wrought by what was now 200,000 miles of railroad, more than in all of Europe. It was possible to move one ton of freight one mile for less than seven-tenths of one cent, “a sum so small,” he wrote, “that outside of China it would be difficult to find a coin of equivalent value to give a boy as a reward for carrying an ounce package across a street.”48
  • instability contributed to a broader set of political concerns that became Mary Lease’s obsession, concerns known as “the money question,” and traceable all the way back to Hamilton’s economic plan: Should the federal government control banking and industry?
  • No group of native-born Americans was more determined to end Chinese immigration than factory workers. The 1876 platform of the Workingmen’s Party of California declared that “to an American death is preferable to life on par with a Chinaman.”55 In 1882, spurred by the nativism of populists, Congress passed its first-ever immigration law, the Chinese Exclusion Act, which barred immigrants from China from entering the United States and, determining that the Fourteenth Amendment did not apply to people of Chinese ancestry, decreed that Chinese people already in the United States were permanent aliens who could never become citizens.
  • Populists, whether farmers or factory workers, for all their invocation of “the people,” tended to take a narrow view of citizenship. United in their opposition to the “money power,” members of the alliance, like members of the Knights of Labor, were also nearly united in their opposition to the political claims of Chinese immigrants, and of black people. The Farmers’ Alliance excluded African Americans, who formed their own association, the Colored Farmers’ Alliance. Nor did populists count Native Americans within the body of “the people.”
  • In 1887, Congress passed the Dawes Severalty Act, under whose terms the U.S. government offered native peoples a path to citizenship in a nation whose reach had extended across the lands of their ancestors. The Dawes Act granted to the federal government the authority to divide Indian lands into allotments and guaranteed U.S. citizenship to Indians who agreed to live on those allotments and renounce tribal membership.
  • In proposing the allotment plan, Massachusetts senator Henry Laurens Dawes argued that the time had come for Indians to choose between “extermination or civilization” and insisted that the law offered Americans the opportunity to “wipe out the disgrace of our past treatment” and instead lift Indians up “into citizenship and manhood.”58
  • But in truth the Dawes Act understood native peoples neither as citizens nor as “persons of color,” and led to nothing so much as forced assimilation and the continued takeover of native lands. In 1887 Indians held 138 million acres; by 1900, they held only half of that territory.
  • In 1877, railroad workers protesting wage cuts went on strike in cities across the country. President Hayes sent in federal troops to end the strikes, marking the first use of the power of the federal government to support business against labor. The strikes continued, with little success in improving working conditions. Between 1881 and 1894, there was, on average, one major railroad strike a week. Labor was, generally and literally, crushed: in a single year, of some 700,000 men working on the railroads, more than 20,000 were injured on the job and nearly 2,000 killed.59
  • In 1882, Roscoe Conkling represented the Southern Pacific Railroad Company’s challenge to a California tax rule. He told the U.S. Supreme Court, “I come now to say that the Southern Pacific Railroad Company and its creditors and stockholders are among the ‘persons’ protected by the Fourteenth Amendment.”
  • In offering an argument about the meaning and original intention of the word “person” in the Fourteenth Amendment, Conkling enjoyed a singular authority: he’d served on the Joint Committee on Reconstruction that had drafted the amendment and by 1882 was the lone member of that committee still living. With no one alive to contradict him, Conkling assured the court that the committee had specifically rejected the word “citizen” in favor of “person” in order to include corporations. (A
  • Much evidence suggests, however, that Conkling was lying. The record of the deliberations of the Joint Committee on Reconstruction does not support his argument regarding the committee’s original intentions, nor is it plausible that between 1866 and 1882, the framers of the Fourteenth Amendment had kept mysteriously hidden their secret intention to guarantee equal protection and due process to corporations. But
  • in 1886, when another railroad case, Santa Clara County v. Southern Pacific Railroad, reached the Supreme Court, the court’s official recorder implied that the court had accepted the doctrine that “corporations are persons within the meaning of the Fourteenth Amendment.”62 After that, the Fourteenth Amendment, written and ratified to guarantee freed slaves equal protection and due process of law, became the chief means by which corporations freed themselves from government regulation.
  • In 1937, Supreme Court Justice Hugo Black would observe, with grim dismay, that, over the course of fifty years, “only one half of one percent of the Fourteenth Amendment cases that came before the court had anything to do with African Americans or former slaves, while over half of the cases were about protecting the rights of corporations.”63 Rights guaranteed to the people were proffered, instead, to corporations.
  • He devised an economic plan that involved abolishing taxes on labor and instead imposing a single tax on land. Tocqueville had argued that democracy in America is made possible by economic equality; people with equal estates will eventually fight for, and win, equal political rights. George agreed. But, like Mary Lease, he thought that financial capitalism was destroying democracy by making economic equality impossible. He saw himself as defending “the Republicanism of Jefferson and the Democracy of Jackson.”72
  • Between 1889 and 1893, the mortgages on so many farms were foreclosed that 90 percent of farmland fell into the hands of bankers. The richest 1 percent of Americans owned 51 percent of the nation’s wealth, and the poorest 44 percent owned less than 2 percent.
  • For all its passionate embrace of political equality and human rights and its energetic championing of suffrage, the People’s Party rested on a deep and abiding commitment to exclude from full citizenship anyone from or descended from anyone from Africa or Asia.
  • Many of the reforms proposed by populists had the effect of diminishing the political power of blacks and immigrants. Chief among them was the Australian ballot, more usually known as the secret ballot, which, by serving as a de facto literacy test, disenfranchised both black men in the rural South and new immigrants in northern cities.
  • to deliberate at length over the secret ballot. Quickest to adopt the reform were the states of the former Confederacy, where the reform appealed to legislatures eager to find legal ways to keep black men from voting. In 1890, Mississippi held a constitutional
  • Both by law and by brute force, southern legislators, state by state, and poll workers, precinct by precinct, denied black men the right to vote. In Louisiana, black voter registration dropped from 130,000 in 1898 to 5,300 in 1908, and to 730 in 1910. In 1893, Arkansas Democrats celebrated their electoral advantage by singing,         The Australian ballot works like a charm         It makes them think and scratch         And when a Negro gets a ballot         He has certainly met his match.82
  • One Republican said, “I felt that Bryan was the first politician I had ever heard speak the truth and nothing but the truth,” even though in every case, when he read a transcript of the speech in the newspaper the next day, he “disagreed with almost all of it.”85
  • In 1894, Bryan tacked an income tax amendment to a tariff bill, which managed to pass. But the populist victory—a 2 percent federal income tax that applied only to Americans who earned more than $4,000—didn’t last long. The next year, in Pollock v. Farmers’ Loan and Trust Company, the Supreme Court ruled 5–4 that the tax was a direct tax, and therefore unconstitutional, one justice calling the tax the first campaign in “a war of the poor against the rich.”
  • POPULISM ENTERED AMERICAN politics at the end of the nineteenth century, and it never left. It pitted “the people,” meaning everyone but the rich, against corporations, which fought back in the courts by defining themselves as “persons”; and it pitted “the people,” meaning white people, against nonwhite people who were fighting for citizenship and whose ability to fight back in the courts was far more limited, since those fights require well-paid lawyers.
  • After 1859, and the Origin of Species, the rise of Darwinism contributed to the secularization of the university, as did the influence of the German educational model, in which universities were divided into disciplines and departments, each with a claim to secular, and especially scientific, expertise. These social sciences—political science, economics, sociology, and anthropology—used the methods of science, and especially of quantification, to study history, government, the economy, society, and culture.96
  • For Wilson’s generation of political scientists, the study of the state replaced the study of the people. The erection of the state became, in their view, the greatest achievement of civilization. The state also provided a bulwark against populism. In the first decades of the twentieth century, populism would yield to progressivism as urban reformers applied the new social sciences to the study of political problems, to be remedied by the intervention of the state.
  • The rise of populism and the social sciences reshaped the press, too. In the 1790s, the weekly partisan newspaper produced the two-party system. The penny press of the 1830s produced the popular politics of Jacksonian democracy. And in the 1880s and 1890s the spirit of populism and the empiricism of the social sciences drove American newspapers to a newfound obsession with facts.
  • The newspapers of the 1880s and 1890s were full of stunts and scandals and crusades, even as they defended their accuracy. “Facts, facts piled up to the point of dry certitude was what the American people really wanted,” wrote the reporter Ray Stannard Baker. Julius Chambers said that writing for the New York Herald involved “Facts; facts; nothing but facts. So many peas at so much a peck; so much molasses at so much a quart.”
  • Ballot reform, far from keeping money out of elections, had ushered more money into elections, along with a new political style: using piles of money to sell a candidate’s personality, borrowing from the methods of business by using mass advertising and education, slogans and billboards. McKinley ran a new-style campaign; Bryan ran an old-style campaign. Bryan barnstormed all over the country: he gave some six hundred speeches to five million people in twenty-seven states and traveled nearly twenty thousand miles.
  • But McKinley’s campaign coffers were fuller: Republicans spent $7 million; Democrats, $300,000. John D. Rockefeller alone provided the GOP with a quarter of a million dollars. McKinley’s campaign manager, Cleveland businessman Mark Hanna, was nearly buried in donations from fellow businessmen. He used that money to print 120 million pieces of campaign literature. He hired fourteen hundred speakers to stump for McKinley; dubbing the populists Popocrats, they agitated voters to a state of panic.108 As Mary Lease liked to say, money elected McKinley.
  • Turner, born in Wisconsin in 1861, was one of the first Americans to receive a doctorate in history. At the exposition, he delivered his remarks before the American Historical Association, an organization that had been founded in 1884 and incorporated by an act of Congress in 1889 “for the promotion of historical studies, the collection and preservation of historical manuscripts and for kindred purposes in the interest of American history and of history in America.”110
  • like journalists, historians borrowed from the emerging social sciences, relying on quantitative analysis to understand how change happens. Where George Bancroft, in his History of the United States, had looked for explanations in the hand of providence, Frederick Jackson Turner looked to the census.
  • The difference between Turner’s methods and Bancroft’s signaled a profound shift in the organization of knowledge, one that would have lasting consequences for the relationship between the people and the state and for civil society itself. Like Darwinism, the rise of the social sciences involved the abdication of other ways of knowing, and, indirectly, contributed to the rise of fundamentalism.
  • Across newly defined academic disciplines, scholars abandoned the idea of mystery—the idea that there are things known only by God—in favor of the claim to objectivity, a development sometimes called “the disenchantment of the world.”111 When universities grew more secular, religious instruction became confined to divinity schools and theological seminaries.
  • theologian at the University of Chicago’s divinity school defined modernism as “the use of scientific, historical, and social methods in understanding and applying evangelical Christianity to the needs of living persons.”112 Increasingly, this is exactly what evangelicals who eventually identified themselves as fundamentalists found objectionable.
  • Influenced by both Jefferson and Darwin, Turner saw the American frontier as the site of political evolution, beginning with the “savages” of a “wilderness,” proceeding to the arrival of European traders, and continuing through various forms of settlement, through the establishment of cities and factories, “the evolution of each into a higher stage,” and culminating in the final stage of civilization: capitalism and democracy.114
  • “American democracy is fundamentally the outcome of the experiences of the American people in dealing with the West,” by which he meant the experience of European immigrants to the United States in defeating its native peoples, taking possession of their homelands, and erecting there a civilization of their own. This, for Turner, was the story of America and the lesson of American history: evolution.116
  • Douglass, who, as the former U.S. ambassador to Haiti, had represented the nation of Haiti at the Haitian pavilion, was the only eminent African American with a role at the fair, whose program had been planned by a board of 208 commissioners, all white.117 There were, however, black people at the fair: on display. In the Hall of Agriculture, old men and women, former slaves, sold miniature bales of cotton, souvenirs, while, in a series of exhibits intended to display the Turnerian progress of humankind from savagery to civilization, black Americans were posed in a fake African village. “As if to shame the Negro,” Douglass wrote, they “exhibit the Negro as a repulsive savage.”118
  • “A ship at anchor, with halliards broken, sails mildewed, hull empty, her bottom covered with sea-weed and barnacles, meets no resistance,” Douglass said that day, turning the idea of a ship of state to the problem of Jim Crow. “But when she spread her canvas to the breeze and sets out on her voyage, turns prow to the open sea, the higher shall be her speed, the greater shall be her resistance. And so it is with the colored man.”
  • He paused to allow his listeners to conjure the scene, and its meaning, of a people struggling against the sea. “My dear young friends,” Douglass closed. “Accept the inspiration of hope. Imitate the example of the brave mariner, who, amid clouds and darkness, amid hail, rain and storm bolts, battles his way against all that the sea opposes to his progress and you will reach the goal of your noble ambition in safety.”124
  • The majority in Plessy v. Ferguson asserted that separation and equality were wholly separate ideas. “We consider the underlying fallacy of the plaintiff’s argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.” The resulting legal principle—that public accommodations could be “separate but equal”—would last for more than half a century.
  • The sole dissenter, John Marshall Harlan, objecting to the establishment of separate classes of citizens, insisted that the achievement of the United States had been the establishment, by amendment, of a Constitution that was blind to race. “Our constitution is color-blind, and neither knows nor tolerates classes among citizens,” Harlan wrote, and it is therefore a plain violation of the Constitution “for a state to regulate the enjoyment by citizens of their civil rights solely upon the basis of race.”
  • What all these laws had in common, Harlan argued, was that they were based on race. And yet a war had been fought and won to establish that laws in the United States could not be based on race; nor could citizenship be restricted by race. The court’s opinion in Plessy, Harlan warned, was so dreadfully in error as to constitutional principles that “the judgment this day rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott Case.”128 This prediction proved true.
  • Four centuries had passed since continents, separated by oceans, had met again. A century had passed since Jefferson had declared all men equal. Three decades had passed since the Fourteenth Amendment had declared all persons born or naturalized in the United States to be citizens.
  • And now the Supreme Court ruled that those who would set aside equality in favor of separation had not violated the nation’s founding truths. In one of the most wrenching tragedies in American history—a chronicle not lacking for tragedy—the Confederacy had lost the war, but it had won the peace.
  • Lippmann started out as a socialist, when even mentioning the masses hinted at socialism; The Masses was the name of a socialist monthly, published in New York, and, especially after the Russian Revolution of 1917, which brought the Bolshevists to power (“bol’shinstvo” means “the majority”), “the masses” sounded decidedly Red.
  • But Lippmann soon began to write about the masses as “the bewildered herd,” unthinking and instinctual, and as dangerous as an impending stampede. For Lippmann, and for an entire generation of intellectuals, politicians, journalists, and bureaucrats who styled themselves Progressives—the term dates to 1910—the masses posed a threat to American democracy.
  • This change was wrought in the upheaval of the age. In the years following the realigning election of 1896, everything seemed, suddenly, bigger than before, more crowded, and more anonymous: looming and teeming. Even buildings were bigger: big office buildings, big factories, big mansions, big museums. Quantification became the only measure of value: how big, how much, how many.
  • To fight monopolies, protect the people, and conserve the land, the federal government grew bigger, too; dozens of new federal agencies were founded in this era,
  • “Mass” came to mean anything that involved a giant and possibly terrifying quantity, on a scale so great that it overwhelmed existing arrangements—including democracy. “Mass production” was coined in the 1890s, when factories got bigger and faster, when the number of people who worked in them skyrocketed, and when the men who owned them got staggeringly rich.
  • “Mass migration” dates to 1901, when nearly a million immigrants were entering the United States every year, “mass consumption” to 1905, “mass consciousness” to 1912. “Mass hysteria” had been defined by 1925 and “mass communication” by 1927, when the New York Times described the radio as “a system of mass communication with a mass audience.”3
  • And the masses themselves? They formed a mass audience for mass communication and had a tendency, psychologists believed, to mass hysteria—the political stampede—posing a political problem unanticipated by James Madison and Thomas Jefferson,
  • To meet that challenge in what came to be called the Progressive Era, activists, intellectuals, and politicians campaigned for and secured far-reaching reforms that included municipal, state, and federal legislation.
  • Their most powerful weapon was the journalistic exposé. Their biggest obstacle was the courts, which they attempted to hurdle by way of constitutional amendments. Out of these campaigns came the federal income tax, the Federal Reserve Bank, the direct election of U.S. senators, presidential primaries, minimum-wage and maximum-hour laws, women’s suffrage, and Prohibition.
  • And all of what Progressives accomplished in the management of mass democracy was vulnerable to the force that so worried the unrelenting Walter Lippmann: the malleability of public opinion, into mass delusion.
  • Progressives championed the same causes as Populists, and took their side in railing against big business, but while Populists generally wanted less government, Progressives wanted more, seeking solutions in reform legislation and in the establishment of bureaucracies, especially government agencies.6
  • Populists believed that the system was broken; Progressives believed that the government could fix it. Conservatives, who happened to dominate the Supreme Court, didn’t believe that there was anything to fix but believed that, if there was, the market would fix it. Notwithstanding conservatives’ influence in the judiciary, Progressivism spanned both parties.
  • Woodrow Wilson himself admitted, “When I sit down and compare my views with those of a Progressive Republican I can’t see what the difference is.”7
  • Much that was vital in Progressivism grew out of Protestantism, and especially out of a movement known as the Social Gospel, adopted by almost all theological liberals and by a large number of theological conservatives,
  • The Social Gospel movement was led by seminary professors—academic theologians who accepted the theory of evolution, seeing it as entirely consistent with the Bible and evidence of a divinely directed, purposeful universe; at the same time, they fiercely rejected the social Darwinism of writers like Herbert Spencer, the English natural scientist who coined the phrase “the survival of the fittest” and used the theory of evolution to defend all manner of force, violence, and oppression.
  • argued that fighting inequality produced by industrialism was an obligation of Christians: “We must make men believe that Christianity has a right to rule this kingdom of industry, as well as all the other kingdoms of this world.”9 Social Gospelers brought the zeal of abolitionism to the problem of industrialism.
  • In 1908, Methodists wrote a Social Creed and pledged to fight to end child labor and to promote a living wage. It was soon adopted by the thirty-three-member Federal Council of Churches, which proceeded to investigate a steelworkers’ strike in Bethlehem, ultimately taking the side of the strikers.10
  • Washington, in the debate over the annexation of the Philippines, Americans revisited unsettled questions about expansion that had rent the nation during the War with Mexico and unsettled questions about citizenship that remained the unfinished business of Reconstruction. The debate also marked the limits of the Progressive vision: both sides in this debate availed themselves, at one time or another, of the rhetoric of white supremacy. Eight million people of color in the Pacific and the Caribbean, from the Philippines to Puerto Rico, were now part of the United States, a nation that already, in practice, denied the right to vote to millions of its own people because of the color of their skin.
  • “You are undertaking to annex and make a component part of this Government islands inhabited by ten millions of the colored race, one-half or more of whom are barbarians of the lowest type,” said Ben Tillman, a one-eyed South Carolina Democrat who’d boasted of having killed black men and expressed his support for lynch mobs. “It is to the injection into the body politic of the United States of that vitiated blood, that debased and ignorant people, that we object.”
  • Tillman reminded Republicans that they had not so long ago freed slaves and then “forced on the white men of the South, at the point of the bayonet, the rule and domination of those ex-slaves. Why the difference? Why the change? Do you acknowledge that you were wrong in 1868?”14
  • The war that began in Cuba in 1898 and was declared over in the Philippines in 1902 dramatically worsened conditions for people of color in the United States, who faced, at home, a campaign of terrorism. Pro-war rhetoric, filled with racist venom, only further incited American racial hatreds. “If it is necessary, every Negro in the state will be lynched,” the governor of Mississippi pledged in 1903.
  • By one estimate, someone in the South was hanged or burned alive every four days. The court’s decision in Plessy v. Ferguson meant that there was no legal recourse to fight segregation, which grew more brutal with each passing year.
  • Nor was discrimination confined to the South. Cities and counties in the North and West passed racial zoning laws, banning blacks from the middle-class communities. In 1890, in Montana, blacks lived in all fifty-six counties in the state; by 1930, they’d been confined to just eleven. In Baltimore, blacks couldn’t buy houses on blocks where whites were a majority.
  • In 1917, in Buchanan v. Warley, the Supreme Court availed itself of the Fourteenth Amendment not to guarantee equal protection for blacks but to guarantee what the court had come to understand as the “liberty of contract”—the liberty of businesses to discriminate.16
  • A generation earlier, he’d have become a preacher, like his father, but instead he became a professor of political science.23 In the academy and later in the White House, he dedicated himself to the problem of adapting a Constitution written in the age of the cotton gin to the age of the automobile.
  • “We have grown more and more inclined from generation to generation to look to the President as the unifying force in our complex system, the leader both of his party and of the nation. To do so is not inconsistent with the actual provisions of the Constitution; it is only inconsistent with a very mechanical theory of its meaning and intention.” A president’s power, Wilson concluded, is virtually limitless: “His office is anything he has the sagacity and force to make it.”24
  • the U.S. Supreme Court overruled much Progressive labor legislation. The most important of these decisions came in 1905. In a 5–4 decision in Lochner v. New York, the U.S. Supreme Court voided a state law establishing that bakers could work no longer than ten hours a day, six days a week, on the ground that the law violated a business owner’s liberty of contract, the freedom to forge agreements with his workers, something the court’s majority said was protected under the Fourteenth Amendment.
  • The laissez-faire conservatism of the court was informed, in part, by social Darwinism, which suggested that the parties in disputes should be left to battle it out, and if one side had an advantage, even so great an advantage as a business owner has over its employees, then it should win.
  • In a dissenting opinion in Lochner, Oliver Wendell Holmes accused the court of violating the will of the people. “This case is decided upon an economic theory which a large part of the country does not entertain,” he began. The court, he said, had also wildly overreached its authority and had carried social Darwinism into the Constitution. “A Constitution is not intended to embody a particular economic theory,” Holmes wrote. “The Fourteenth Amendment does not enact Mr. Herbert Spencer’s Social Statics.”
  • Wilson pointed out that the Constitution, written before mass industrialization, couldn’t be expected to have anticipated it, and couldn’t solve the problems industrialization had created, unless the Constitution were treated like a living thing that, like an organism, evolved.
  • Critics further to the left argued that the courts had become an instrument of business interests. Unions, in fact, often failed to support labor reform legislation, partly because they expected it to be struck down by the courts as unconstitutional, and partly because they wanted unions to provide benefits to their members, which would be an argument for organizing.
  • conservatives insisted that the courts were right to protect the interests of business and that either market forces would find a way to care for sick, injured, and old workers, or (for social Darwinists) the weakest, who were not meant to thrive, would wither and die.
  • “No other social movement in modern economic development is so pregnant with benefit to the public,” wrote the editor of the Journal of the American Medical Association. “At present the United States has the unenviable distinction of being the only great industrial nation without compulsory health insurance,” the Yale economist Irving Fisher pointed out in 1916.36 It would maintain that unenviable distinction for a century.
  • In California, the legislature passed a constitutional amendment providing for universal health insurance. But when it was put on the ballot for ratification, a federation of insurance companies took out an ad in the San Francisco Chronicle warning that it “would spell social ruin in the United States.” Every voter in the state received in the mail a pamphlet with a picture of the kaiser and the words “Born in Germany. Do you want it in California?” The measure was defeated. Opponents called universal health insurance “UnAmerican, Unsafe, Uneconomic, Unscientific, Unfair and Unscrupulous.”
  • “Scientific management has no place for a bird that can sing and won’t sing,” answered Taylor. “We are not . . . dealing with horses nor singing birds,” Wilson told Taylor. “We are dealing with men who are a part of society and for whose benefit society is organized.
  • Jim Crow thrived because, after the end of Reconstruction in 1877, reformers who had earlier fought for the cause of civil rights abandoned it for the sake of forging a reunion between the states and the federal government and between the North and the South. This wasn’t Wilson’s doing; this was the work of his generation, the work of the generation that came before him, and the work of the generation that would follow him, an abdication of struggle, an abandonment of justice.
  • War steered the course of American politics like a gale-force wind. The specter of slaughter undercut Progressivism, suppressed socialism, and produced anticolonialism. And, by illustrating the enduring wickedness of humanity and appearing to fulfill prophecies of apocalypse as a punishment for the moral travesty of modernism, the war fueled fundamentalism.
  • Bryan’s difficulty was that he saw no difference between Darwinism and social Darwinism, but it was social Darwinism that he attacked, the brutality of a political philosophy that seemed to believe in nothing more than the survival of the fittest, or what Bryan called “the law of hate—the merciless law by which the strong crowd out and kill the weak.”77
  • Germany was the enemy, the same Germany whose model of education had secularized American colleges and universities, which were now teaching eugenics, sometimes known as the science of human betterment, calling for the elimination from the human race of people deemed unfit to reproduce on the basis of their intelligence, criminality, or background.
  • Nor was this academic research without consequence. Beginning in 1907, with Indiana, two-thirds of American states passed forced sterilization laws.
  • In 1916, Madison Grant, the president of the Museum of Natural History in New York, who had degrees from Yale and Columbia, published The Passing of the Great Race; Or, the Racial Basis of European History, a “hereditary history” of the human race, in which he identified northern Europeans (the “blue-eyed, fair-haired peoples of the north of Europe” that he called the “Nordic race”) as genetically superior to southern Europeans (the “dark-haired, dark-eyed” people he called “the Alpine race”) and lamented the presence of “swarms of Jews” and “half-breeds.” In the United States, Grant argued, the Alpine race was overwhelming the Nordic race, threatening the American republic, since “democracy is fatal to progress when two races of unequal value live side by side.”79
  • fundamentalists were, of course, making an intellectual argument, if one that not many academics wanted to hear. In 1917, William B. Riley, who, like J. Frank Norris, had trained at the Southern Baptist Theological Seminary, published a book called The Menace of Modernism, whose attack on evolution included a broader attack on the predominance in public debate of liberal faculty housed at secular universities—and the silencing of conservative opinion.
  • The horror of the war fueled the movement, convincing many evangelicals that the growing secularization of society was responsible for this grotesque parade of inhumanity: mass slaughter. “The new theology has led Germany into barbarism,” one fundamentalist argued in 1918, “and it will lead any nation into the same demoralization.”
  • “If my re-election as President depends upon my getting into war, I don’t want to be President,” Wilson said privately. “He kept us out of war” became his campaign slogan, and when Theodore Roosevelt called that an “ignoble shirking of responsibility,” Wilson countered, “I am an American, but I do not believe that any of us loves a blustering nationality.”
  • Wilson had in fact pledged not to make the world democratic, or even to support the establishment of democratic institutions everywhere, but instead to establish the conditions of stability in which democracy was possible.
  • nearly five million were called to serve. How were they to be persuaded of the war’s cause? In a speech to new recruits, Wilson’s new secretary of state, Robert Lansing, ventured an explanation. “Were every people on earth able to express their will, there would be no wars of aggression and, if there were no wars of aggression, then there would be no wars, and lasting peace would come to this earth,” Lansing said, stringing one conditional clause after another. “The only way that a people can express their will is through democratic institutions,” Lansing went on. “Therefore, when the world is made safe for democracy . . . universal peace will be an accomplished fact.”88
  • Wilson, the political scientist, tried to earn the support of the American people with an intricate theory of the relationship between democracy and peace. It didn’t work. To recast his war message and shore up popular support, he established a propaganda department,
  • Social scientists called the effect produced by wartime propaganda “herd psychology”; the philosopher John Dewey called it the “conscription of thought.”89
  • To suppress dissent, Congress passed a Sedition Act in 1918. Not since the Alien and Sedition Acts of 1798 had Congress so brazenly defied the First Amendment. Fewer than two dozen people had been arrested under the 1798 Sedition Act. During the First World War, the Justice Department charged more than two thousand Americans with sedition and convicted half of them. Appeals that went to the Supreme Court failed.
  • “If we want real peace,” Du Bois wrote, “we must extend the democratic ideal to the yellow, brown, and black peoples.” But after the United States entered the war, Creel called thirty-one black editors and publishers to a conference in Washington and warned them about “Negro subversion.”
  • Du Bois asked black men who could not vote in the United States to give their lives to make the world “safe for democracy” and asked black people to hold off on fighting against lynchings, whose numbers kept rising.91
  • Wilson signed a tax bill, raising taxes on incomes, doubling a tax on corporate earnings, eliminating an exemption for dividend income, and introducing an estate tax and a tax on excess profits. Rates for the wealthiest Americans rose from 2 percent to 77, but most people paid no tax at all (80 percent of the revenue was drawn from the income of the wealthiest 1 percent of American families).
  • Wars, as ever, expanded the powers of the state. It rearranged the relationship between the federal government and business, establishing new forms of cooperation, oversight, and regulation that amounted to erecting a welfare state for business owners.
  • As the war drew to a close, the reckoning began. American losses were almost trivial compared to the staggering losses in European nations. Against America’s 116,000 casualties, France lost 1.6 million lives, Britain 800,000, and Germany 1.8 million. Cities across Europe lay in ashes; America was untouched. Europe, composed of seventeen countries before the war, had splintered into twenty-six, all of them deeply in debt, and chiefly to Americans.
  • Before the war, Americans owed $3.7 billion to foreigners; after the war, foreigners owed $12.6 billion to Americans. Even the terrifying influenza epidemic of 1918, which took 21 million lives worldwide, claimed the lives of only 675,000 Americans. The war left European economies in ruins, America’s thriving. In the United States, steel production rose by a quarter between 1913 and 1920; everywhere else, it fell by a third.98 The Armistice came on November
  • Wilson left a lasting legacy: his rhetoric of self-determination contributed to a wave of popular protests in the Middle East and Asia, including a revolution in Egypt in 1919; made the nation-state the goal of stateless societies; and lies behind the emergence and force of anticolonial nationalism.100
  • Thirty black men were lynched in 1917, twice as many the next year, and in 1919, seventy-six, including ten veterans, some still wearing their uniforms, having fought, some people thought, the wrong war.101
  • IN 1922, when Walter Lippmann turned thirty-two, he wrote a book called Public Opinion, in which he concluded that in a modern democracy the masses, asked to make decisions about matters far removed from their direct knowledge, had been asked to do too much. “Decisions in a modern state tend to be made by the interaction, not of Congress and the executive, but of public opinion and the executive,” he’d once observed.108 Mass democracy can’t work, Lippmann argued, because the new tools of mass persuasion—especially mass advertising—meant that a tiny minority could very easily persuade the majority to believe whatever it wished them to believe.
  • The best hope for mass democracy might have seemed to be the scrupulously and unfailingly honest reporting of news, but this, Lippmann thought, was doomed to fall short, because of the gap between facts and truth.
  • Reporters chronicle events, offering facts, but “they cannot govern society by episodes, incidents, and eruptions,” he said.109 To govern, the people need truth, sense out of the whole, but people can’t read enough in the morning paper or hear enough on the evening news to turn facts into truth when they’re driven like dray horses all day.
aidenborst

Former Presidents Carter, Clinton, Bush and Obama urge Americans to get vaccinated - CN... - 0 views

  • Former Presidents Jimmy Carter, Bill Clinton, George W. Bush, Barack Obama and their respective former first ladies are part of a newly released ad campaign urging Americans to get the coronavirus vaccine when it is their turn, a push that is aimed squarely at combating vaccine skepticism.
  • The ad campaign reunites almost every member of the so-called President's Club, the group of living former commanders in chief. Former President Donald Trump and former first lady Melania Trump are not featured in either ad, the only living president and first lady to not participate.
  • The ads are being released at a critical time in the fight against the coronavirus and one year after the outbreak was first declared a pandemic.
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  • The longer spot begins with Bush touting that Covid vaccines will "soon be available to everyone," before Obama says that the vaccine means "hope" that it "will protect you and those you love from this dangerous and deadly disease."
  • According to CNN data, about 93.7 million vaccine doses have been administered in the United States, with the Food and Drug Administration issuing emergency use authorizations for three vaccines: The two-shot Pfizer/BioNTech and Moderna vaccines and the single-dose Johnson & Johnson one.
  • "So, we urge you to get vaccinated when it is available to you," Obama says. "Roll up your sleeve and do you part," Bush says. "This is our shot," Clinton says.
  • "Now it is up to you," Carter concludes, as an image of the smiling former President holding his vaccine card closes the ad.
  • Clinton says he wants to "go back to work" and to "be able to move around." Obama says he misses visiting his mother-in-law and he wants to "hug her and see her on her birthday." And Bush says he is "really looking forward to going to Opening Day in Texas Rangers Stadium with the full stadium."
  • "The science is clear, these vaccines will protect you and those you love from this dangerous and deadly disease," Bush says. "So, we urge you to get vaccinated when it is available to you."
  • "That's the first step to ending the pandemic and moving our country forward," Obama says. "It's up to you."
  • "In this pandemic, we need every American to help so that all Americans can recover," said former Republican Gov. Dirk Kempthorne of Idaho and former Democratic Gov. Deval Patrick of Massachusetts, the co-Chairs of the COVID Collaborative. "These former Presidents and First Ladies have come together to show that each of us, regardless of political party, has a stake in beating this virus."
  • The Ad Council said the ads would appear nationwide during time and space donated to them by a range of television and digital platforms. They will begin airing this week.
  • And Carter said he and Rosalynn got the vaccine so they could "get back to church, see our children, grandchildren and great-grandchildren, and eventually be active in our community again.""I encourage everyone to get a vaccine when it's their turn," he added.
  • The Biden administration has made getting Americans vaccinated central to both its fight against the coronavirus and its messaging around the success of the President's first 100 days in office. Biden made a pledge early in his administration to get 100 million shots in arms within his first 100 days, a goal he appears likely to achieve.
lmunch

Trump's Pardons: The List - The New York Times - 0 views

  • With hours to go before President Trump left office, the White House released a list early Wednesday of 73 people he had pardoned and 70 others whose sentences he had commuted.
  • On the list were at least two people who had worked for Mr. Trump: Stephen K. Bannon, his former chief strategist, and Elliott Broidy, a former top fund-raiser. Both received full pardons.
  • The rapper Lil Wayne, born Dwayne Michael Carter Jr., received a full pardon after pleading guilty to possession of a firearm and ammunition by a felon in December. Mr. Trump also granted a commutation to another rapper, Kodak Black, whose legal name is Bill Kapri (though he was born Dieuson Octave). In 2019, he was sentenced to nearly four years in prison for lying on background paperwork while attempting to buy guns.
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  • The Supreme Court has ruled that the Constitution gives presidents unlimited authority to grant pardons, which excuse or forgive a federal crime. A commutation, by contrast, makes a punishment milder without wiping out the underlying conviction.
  • Mr. Manafort, 71, had been sentenced in 2019 to seven and a half years in prison for his role in a decade-long, multimillion-dollar financial fraud scheme for his work in the former Soviet Union. He was released early from prison in May as a result of the coronavirus pandemic and given home confinement. Mr. Trump had repeatedly expressed sympathy for Mr. Manafort, describing him as a brave man who had been mistreated by the special counsel’s office.
  • Mr. Stone, a longtime friend and adviser of Mr. Trump, was sentenced in February 2020 to more than three years in prison in a politically fraught case that put the president at odds with his attorney general. Mr. Stone was convicted of seven felony charges, including lying under oath to a congressional committee and threatening a witness whose testimony would have exposed those lies.
  • Mr. Kushner, 66, the father-in-law of the president’s older daughter, Ivanka Trump, pleaded guilty in 2004 to 16 counts of tax evasion, a single count of retaliating against a federal witness and one of lying to the Federal Election Commission. He served two years in prison before being released in 2006.
  • Michael T. Flynn, a former national security adviser who twice pleaded guilty to lying to the F.B.I. about his conversations with a Russian diplomat, and whose prosecution Attorney General William P. Barr tried to shut down, was the only White House official to be convicted as part of the Trump-Russia investigation.
  • Mr. Trump issued full pardons to Nicholas Slatton and three other former U.S. service members who were convicted on charges related to the killing of Iraqi civilians while they were working as security contractors for Blackwater, a private company, in 2007.
  • Joe Arpaio, an anti-immigration crusader who enjoyed calling himself “America’s toughest sheriff,” was the first pardon of Mr. Trump’s presidency.
  • Conrad M. Black, a former press baron and friend of Mr. Trump’s, was granted a full pardon 12 years after his sentencing for fraud and obstruction of justice.
  • Former Gov. Rod R. Blagojevich of Illinois was sentenced in 2011 to 14 years in prison for trying to sell or trade to the highest bidder the Senate seat that Mr. Obama vacated after he was elected president.
  • Dinesh D’Souza received a presidential pardon after pleading guilty to making illegal campaign contributions in 2014. Mr. D’Souza, a filmmaker and author whose subjects often dabble in conspiracy theories, had long blamed his conviction on his political opposition to Mr. Obama.
  • Edward J. DeBartolo Jr., a former owner of the San Francisco 49ers, pleaded guilty in 1998 to concealing an extortion plot. Mr. DeBartolo was prosecuted after he gave Edwin W. Edwards, the influential former governor of Louisiana, $400,000 to secure a riverboat gambling license for his gambling consortium.
  • Alice Marie Johnson was serving life in a federal prison for a nonviolent drug conviction before her case was brought to Mr. Trump’s attention by the reality television star Kim Kardashian West.
  • Jack Johnson, the first Black heavyweight boxing champion, was tarnished by a racially tainted criminal conviction in 1913 — for transporting a white woman across state lines — that haunted him well after his death in 1946. Mr. Trump pardoned him on May 24, 2018.
  • Susan B. Anthony, the women’s suffragist, was arrested in Rochester, N.Y., in 1872 for voting illegally and was fined $100. Mr. Trump pardoned her on Aug. 18, the 100th anniversary of the ratification of 19th Amendment, which extended voting rights to women.
  • Zay Jeffries, a metal scientist whose contributions to the Manhattan Project and whose development of armor-piercing artillery shells helped the Allies win World War II, was granted a posthumous pardon on Oct. 10, 2019. Jeffries was found guilty in 1948 of an antitrust violation related to his work and was fined $2,500.
  • Ten years ago, Bernard B. Kerik, a former New York City police commissioner, was sentenced to four years in prison after pleading guilty to eight felony charges, including tax fraud and lying to White House officials.
  • I. Lewis Libby Jr., known as Scooter, was Vice President Dick Cheney’s top adviser before Mr. Libby was convicted in 2007 of four felony counts, including perjury and obstruction of justice, in connection with the disclosure of the identity of a C.I.A. officer, Valerie Plame.
  • Mr. Trump’s decision to clear three members of the armed services who had been accused or convicted of war crimes signaled that the president intended to use his power as the ultimate arbiter of military justice.
  • Michael R. Milken was the billionaire “junk bond king” and a well-known financier on Wall Street in the 1980s. In 1990, he pleaded guilty to securities fraud and conspiracy charges and was sentenced to 10 years in prison, though his sentence was later reduced to two. He also agreed to pay $600 million in fines and penalties.
  • Dwight Hammond and his son, Steven Hammond, were Oregon cattle ranchers who had been serving five-year sentences for arson on federal land. Their cases inspired an antigovernment group’s weekslong standoff at the Malheur National Wildlife Refuge in Oregon in 2016 and brought widespread attention to anger over federal land management in the Western United States.
  • David H. Safavian, the top federal procurement official under President George W. Bush, was sentenced in 2009 to a year in prison for covering up his ties to Jack Abramoff, the disgraced lobbyist whose corruption became a symbol of the excesses of Washington influence peddling. Mr. Safavian was convicted of obstruction of justice and making false statements.
  • Angela Stanton — an author, television personality and motivational speaker — served six months of home confinement in 2007 for her role in a stolen-vehicle ring. Her book “Life of a Real Housewife” explores her difficult upbringing and her encounters with reality TV stars.
Javier E

How Trump Consultants Exploited the Facebook Data of Millions - The New York Times - 0 views

  • Christopher Wylie, who helped found Cambridge and worked there until late 2014, said of its leaders: “Rules don’t matter for them. For them, this is a war, and it’s all fair.”
  • “They want to fight a culture war in America,” he added. “Cambridge Analytica was supposed to be the arsenal of weapons to fight that culture war.”
  • But the full scale of the data leak involving Americans has not been previously disclosed — and Facebook, until now, has not acknowledged it. Interviews with a half-dozen former employees and contractors, and a review of the firm’s emails and documents, have revealed that Cambridge not only relied on the private Facebook data but still possesses most or all of the trove.
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  • The documents also raise new questions about Facebook, which is already grappling with intense criticism over the spread of Russian propaganda and fake news. The data Cambridge collected from profiles, a portion of which was viewed by The Times, included details on users’ identities, friend networks and “likes.”
  • “Protecting people’s information is at the heart of everything we do,” Mr. Grewal said. “No systems were infiltrated, and no passwords or sensitive pieces of information were stolen or hacked.”Still, he added, “it’s a serious abuse of our rules.”
  • The group experimented abroad, including in the Caribbean and Africa, where privacy rules were lax or nonexistent and politicians employing SCL were happy to provide government-held data, former employees said.
  • Mr. Nix and his colleagues courted Mr. Mercer, who believed a sophisticated data company could make him a kingmaker in Republican politics, and his daughter Rebekah, who shared his conservative views. Mr. Bannon was intrigued by the possibility of using personality profiling to shift America’s culture and rewire its politics, recalled Mr. Wylie and other former employees, who spoke on the condition of anonymity because they had signed nondisclosure agreements.
  • Mr. Wylie’s team had a bigger problem. Building psychographic profiles on a national scale required data the company could not gather without huge expense. Traditional analytics firms used voting records and consumer purchase histories to try to predict political beliefs and voting behavior.
  • But those kinds of records were useless for figuring out whether a particular voter was, say, a neurotic introvert, a religious extrovert, a fair-minded liberal or a fan of the occult. Those were among the psychological traits the firm claimed would provide a uniquely powerful means of designing political messages.
  • Mr. Wylie found a solution at Cambridge University’s Psychometrics Centre. Researchers there had developed a technique to map personality traits based on what people had liked on Facebook. The researchers paid users small sums to take a personality quiz and download an app, which would scrape some private information from the their profiles and those of their friends, activity that Facebook permitted at the time. The approach, the scientists said, could reveal more about a person than their parents or romantic partners knew — a claim that has been disputed.
  • When the Psychometrics Centre declined to work with the firm, Mr. Wylie found someone who would: Dr. Kogan, who was then a psychology professor at the university and knew of the techniques. Dr. Kogan built his own app and in June 2014 began harvesting data for Cambridge Analytica. The business covered the costs — more than $800,000 — and allowed him to keep a copy for his own research, according to company emails and financial records.
  • He ultimately provided over 50 million raw profiles to the firm, Mr. Wylie said, a number confirmed by a company email and a former colleague. Of those, roughly 30 million contained enough information, including places of residence, that the company could match users to other records and build psychographic profiles. Only about 270,000 users — those who participated in the survey — had consented to having their data harvested.Image
  • Mr. Wylie said the Facebook data was “the saving grace” that let his team deliver the models it had promised the Mercers.
  • “We wanted as much as we could get,” he acknowledged. “Where it came from, who said we could have it — we weren’t really asking.”
  • The firm was effectively a shell. According to the documents and former employees, any contracts won by Cambridge, originally incorporated in Delaware, would be serviced by London-based SCL and overseen by Mr. Nix, a British citizen who held dual appointments at Cambridge Analytica and SCL. Most SCL employees and contractors were Canadian, like Mr. Wylie, or European.
  • In a memo to Mr. Bannon, Ms. Mercer and Mr. Nix, the lawyer, then at the firm Bracewell & Giuliani, warned that Mr. Nix would have to recuse himself “from substantive management” of any clients involved in United States elections. The data firm would also have to find American citizens or green card holders, Mr. Levy wrote, “to manage the work and decision making functions, relative to campaign messaging and expenditures.”
  • In summer and fall 2014, Cambridge Analytica dived into the American midterm elections, mobilizing SCL contractors and employees around the country. Few Americans were involved in the work, which included polling, focus groups and message development for the John Bolton Super PAC, conservative groups in Colorado and the campaign of Senator Thom Tillis, the North Carolina Republican.
  • While Cambridge hired more Americans to work on the races that year, most of its data scientists were citizens of the United Kingdom or other European countries, according to two former employees.
  • Under the guidance of Brad Parscale, Mr. Trump’s digital director in 2016 and now the campaign manager for his 2020 re-election effort, Cambridge performed a variety of services, former campaign officials said. That included designing target audiences for digital ads and fund-raising appeals, modeling voter turnout, buying $5 million in television ads and determining where Mr. Trump should travel to best drum up support.
  • Mr. Grewal, the Facebook deputy general counsel, said in a statement that both Dr. Kogan and “SCL Group and Cambridge Analytica certified to us that they destroyed the data in question.”
  • But copies of the data still remain beyond Facebook’s control. The Times viewed a set of raw data from the profiles Cambridge Analytica obtained.
  • While Mr. Nix has told lawmakers that the company does not have Facebook data, a former employee said that he had recently seen hundreds of gigabytes on Cambridge servers, and that the files were not encrypted.
  • Mr. Nix is seeking to take psychographics to the commercial advertising market. He has repositioned himself as a guru for the digital ad age — a “Math Man,” he puts it. In the United States last year, a former employee said, Cambridge pitched Mercedes-Benz, MetLife and the brewer AB InBev, but has not signed them on.
  • Today, as Cambridge Analytica seeks to expand its business in the United States and overseas, Mr. Nix has mentioned some questionable practices. This January, in undercover footage filmed by Channel 4 News in Britain and viewed by The Times, he boasted of employing front companies and former spies on behalf of political clients around the world, and even suggested ways to entrap politicians in compromising situations.
  • Mr. Wylie found a solution at Cambridge University’s Psychometrics Centre. Researchers there had developed a technique to map personality traits based on what people had liked on Facebook. The researchers paid users small sums to take a personality quiz and download an app, which would scrape some private information from their profiles and those of their friends, activity that Facebook permitted at the time. The approach, the scientists said, could reveal more about a person than their parents or romantic partners knew
Javier E

The Wages of Guilt: Memories of War in Germany and Japan (Ian Buruma) - 0 views

  • the main reason why Germans were more trusted by their neighbors was that they were learning, slowly and painfully, and not always fully, to trust themselves.
  • elders, in government and the mass media, still voice opinions about the Japanese war that are unsettling, to say the least. Conservative politicians still pay their annual respects at a shrine where war criminals are officially remembered. Justifications and denials of war crimes are still heard. Too many Japanese in conspicuous places, including the prime minister’s office itself, have clearly not “coped” with the war.
  • unlike Nazi Germany, Japan had no systematic program to destroy the life of every man, woman, and child of a people that, for ideological reasons, was deemed to have no right to exist.
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  • “We never knew,” a common reaction in the 1950s, had worn shamefully thin in the eyes of a younger generation by the 1960s. The extraordinary criminality of a deliberate genocide was so obvious that it left no room for argument.
  • Right-wing nationalists like to cite the absence of a Japanese Holocaust as proof that Japanese have no reason to feel remorse about their war at all. It was, in their eyes, a war like any other; brutal, yes, just as wars fought by all great nations in history have been brutal. In fact, since the Pacific War was fought against Western imperialists, it was a justified—even noble—war of Asian liberation.
  • in the late 1940s or 1950s, a time when most Germans were still trying hard not to remember. It is in fact extraordinary how honestly Japanese novelists and filmmakers dealt with the horrors of militarism in those early postwar years. Such honesty is much less evident now.
  • Popular comic books, aimed at the young, extol the heroics of Japanese soldiers and kamikaze pilots, while the Chinese and their Western allies are depicted as treacherous and belligerent. In 2008, the chief of staff of the Japanese Air Self-Defense Force stated that Japan had been “tricked” into the war by China and the US. In 2013, Prime Minister Abe Shinzo publicly doubted whether Japan’s military aggression in China could even be called an invasion.
  • The fact is that Japan is still haunted by historical issues that should have been settled decades ago. The reasons are political rather than cultural, and have to do with the pacifist constitution—written by American jurists in 1946—and with the imperial institution, absolved of war guilt by General Douglas MacArthur after the war for the sake of expediency.
  • Japan, even under Allied occupation, continued to be governed by much the same bureaucratic and political elite, albeit under a new, more democratic constitution,
  • a number of conservatives felt humiliated by what they rightly saw as an infringement of their national sovereignty. Henceforth, to them, everything from the Allied Tokyo War Crimes Tribunal to the denunciations of Japan’s war record by left-wing teachers and intellectuals would be seen in this light.
  • The more “progressive” Japanese used the history of wartime atrocities as a warning against turning away from pacifism, the more defensive right-wing politicians and commentators became about the Japanese war.
  • Views of history, in other words, were politicized—and polarized—from the beginning.
  • To take the sting out of this confrontation between constitutional pacifists and revisionists, which had led to much political turmoil in the 1950s, mainstream conservatives made a deliberate attempt to distract people’s attention from war and politics by concentrating on economic growth.
  • For several decades, the chauvinistic right wing, with its reactionary views on everything from high school education to the emperor’s status, was kept in check by the sometimes equally dogmatic Japanese left. Marxism was the prevailing ideology of the teachers union and academics.
  • the influence of Marxism waned after the collapse of the Soviet empire in the early 1990s, and the brutal records of Chairman Mao and Pol Pot became widely known.
  • Marginalized in the de facto one-party LDP state and discredited by its own dogmatism, the Japanese left did not just wane, it collapsed. This gave a great boost to the war-justifying right-wing nationalists,
  • Japanese young, perhaps out of boredom with nothing but materialistic goals, perhaps out of frustration with being made to feel guilty, perhaps out of sheer ignorance, or most probably out of a combination of all three, are not unreceptive to these patriotic blandishments.
  • Anxiety about the rise of China, whose rulers have a habit of using Japan’s historical crimes as a form of political blackmail, has boosted a prickly national pride, even at the expense of facing the truth about the past.
  • By 1996, the LDP was back in power, the constitutional issue had not been resolved, and historical debates continue to be loaded with political ideology. In fact, they are not really debates at all, but exercises in propaganda, tilted toward the reactionary side.
  • My instinct—call it a prejudice, if you prefer—before embarking on this venture was that people from distinct cultures still react quite similarly to similar circumstances.
  • The Japanese and the Germans, on the whole, did not behave in the same ways—but then the circumstances, both wartime and postwar, were quite different in the two Germanies and Japan. They still are.
  • Our comic-book prejudices turned into an attitude of moral outrage. This made life easier in a way. It was comforting to know that a border divided us from a nation that personified evil. They were bad, so we must be good. To grow up after the war in a country that had suffered German occupation was to know that one was on the side of the angels.
  • The question that obsessed us was not how we would have acquitted ourselves in uniform, going over the top, running into machine-gun fire or mustard gas, but whether we would have joined the resistance, whether we would have cracked under torture, whether we would have hidden Jews and risked deportation ourselves. Our particular shadow was not war, but occupation.
  • the frightened man who betrayed to save his life, who looked the other way, who grasped the wrong horn of a hideous moral dilemma, interested me more than the hero. This is no doubt partly because I fear I would be much like that frightened man myself. And partly because, to me, failure is more typical of the human condition than heroism.
  • I was curious to learn how Japanese saw the war, how they remembered it, what they imagined it to have been like, how they saw themselves in view of their past. What I heard and read was often surprising to a European:
  • this led me to the related subject of modern Japanese nationalism. I became fascinated by the writings of various emperor worshippers, historical revisionists, and romantic seekers after the unique essence of Japaneseness.
  • Bataan, the sacking of Manila, the massacres in Singapore, these were barely mentioned. But the suffering of the Japanese, in China, Manchuria, the Philippines, and especially in Hiroshima and Nagasaki, was remembered vividly, as was the imprisonment of Japanese soldiers in Siberia after the war. The Japanese have two days of remembrance: August 6, when Hiroshima was bombed, and August 15, the date of the Japanese surrender.
  • The curious thing was that much of what attracted Japanese to Germany before the war—Prussian authoritarianism, romantic nationalism, pseudo-scientific racialism—had lingered in Japan while becoming distinctly unfashionable in Germany. Why?
  • the two peoples saw their own purported virtues reflected in each other: the warrior spirit, racial purity, self-sacrifice, discipline, and so on. After the war, West Germans tried hard to discard this image of themselves. This was less true of the Japanese.
  • Which meant that any residual feelings of nostalgia for the old partnership in Japan were likely to be met with embarrassment in Germany.
  • I have concentrated on the war against the Jews in the case of Germany, since it was that parallel war, rather than, say, the U-boat battles in the Atlantic, or even the battle of Stalingrad, that left the most sensitive scar on the collective memory of (West) Germany.
  • I have emphasized the war in China and the bombing of Hiroshima, for these episodes, more than others, have lodged themselves, often in highly symbolic ways, in Japanese public life.
  • Do Germans perhaps have more reason to mourn? Is it because Japan has an Asian “shame culture,” to quote Ruth Benedict’s phrase, and Germany a Christian “guilt culture”?
  • why the collective German memory should appear to be so different from the Japanese. Is it cultural? Is it political? Is the explanation to be found in postwar history, or in the history of the war itself?
  • the two peoples still have anything in common after the war, it is a residual distrust of themselves.
  • when Michael sees thousands of German peace demonstrators, he does not see thousands of gentle people who have learned their lesson from the past; he sees “100 percent German Protestant rigorism, aggressive, intolerant, hard.”
  • To be betroffen implies a sense of guilt, a sense of shame, or even embarrassment. To be betroffen is to be speechless. But it also implies an idea of moral purity. To be betroffen is one way to “master the past,” to show contriteness, to confess, and to be absolved and purified.
  • In their famous book, written in the sixties, entitled The Inability to Mourn, Alexander and Margarethe Mitscherlich analyzed the moral anesthesia that afflicted postwar Germans who would not face their past. They were numbed by defeat; their memories appeared to be blocked. They would or could not do their labor, and confess. They appeared to have completely forgotten that they had glorified a leader who caused the death of millions.
  • There is something religious about the act of being betroffen, something close to Pietism,
  • heart of Pietism was the moral renovation of the individual, achieved by passing through the anguish of contrition into the overwhelming realization of the assurance of God’s grace.” Pietism served as an antidote to the secular and rational ideas of the French Enlightenment.
  • It began in the seventeenth century with the works of Philipp Jakob Spener. He wanted to reform the Church and bring the Gospel into daily life, as it were, by stressing good works and individual spiritual labor.
  • German television is rich in earnest discussion programs where people sit at round tables and debate the issues of the day. The audience sits at smaller tables, sipping drinks as the featured guests hold forth. The tone is generally serious, but sometimes the arguments get heated. It is easy to laugh at the solemnity of these programs, but there is much to admire about them. It is partly through these talk shows that a large number of Germans have become accustomed to political debate.
  • There was a real dilemma: at least two generations had been educated to renounce war and never again to send German soldiers to the front, educated, in other words, to want Germany to be a larger version of Switzerland. But they had also been taught to feel responsible for the fate of Israel, and to be citizens of a Western nation, firmly embedded in a family of allied Western nations. The question was whether they really could be both.
  • the Gulf War showed that German pacifism could not be dismissed simply as anti-Americanism or a rebellion against Adenauer’s West.
  • the West German mistrust of East Germans—the East Germans whose soldiers still marched in goose step, whose petit bourgeois style smacked of the thirties, whose system of government, though built on a pedestal of antifascism, contained so many disturbing remnants of the Nazi past; the East Germans, in short, who had been living in “Asia.”
  • Michael, the Israeli, compared the encounter of Westerners (“Wessies”) with Easterners (“Ossies”) with the unveiling of the portrait of Dorian Gray: the Wessies saw their own image and they didn’t like what they saw.
  • he added: “I also happen to think Japanese and Germans are racists.”
  • Germany for its Nazi inheritance and its sellout to the United States. But now that Germany had been reunified, with its specters of “Auschwitz” and its additional hordes of narrow-minded Ossies, Adenauer was deemed to have been right after
  • The picture was of Kiel in 1945, a city in ruins. He saw me looking at it and said: “It’s true that whoever is being bombed is entitled to some sympathy from us.”
  • “My personal political philosophy and maybe even my political ambition has to do with an element of distrust for the people I represent, people whose parents and grandparents made Hitler and the persecution of the Jews possible.”
  • in the seventies he had tried to nullify verdicts given in Nazi courts—without success until well into the eighties. One of the problems was that the Nazi judiciary itself was never purged. This continuity was broken only by time.
  • To bury Germany in the bosom of its Western allies, such as NATO and the EC, was to bury the distrust of Germans. Or so it was hoped. As Europeans they could feel normal, Western, civilized. Germany; the old “land in the middle,” the Central European colossus, the power that fretted over its identity and was haunted by its past, had become a Western nation.
  • It is a miracle, really, how quickly the Germans in the Federal Republic became civilized. We are truly part of the West now. We have internalized democracy. But the Germans of the former GDR, they are still stuck in a premodern age. They are the ugly Germans, very much like the West Germans after the war, the people I grew up with. They are not yet civilized.”
  • “I like the Germans very much, but I think they are a dangerous people. I don’t know why—perhaps it is race, or culture, or history. Whatever. But we Japanese are the same: we swing from one extreme to the other. As peoples, we Japanese, like the Germans, have strong collective discipline. When our energies are channeled in the right direction, this is fine, but when they are misused, terrible things happen.”
  • to be put in the same category as the Japanese—even to be compared—bothered many Germans. (Again, unlike the Japanese, who made the comparison often.) Germans I met often stressed how different they were from the Japanese,
  • To some West Germans, now so “civilized,” so free, so individualistic, so, well, Western, the Japanese, with their group discipline, their deference to authority, their military attitude toward work, might appear too close for comfort to a self-image only just, and perhaps only barely, overcome.
  • To what extent the behavior of nations, like that of individual people, is determined by history, culture, or character is a question that exercises many Japanese, almost obsessively.
  • not much sign of betroffenheit on Japanese television during the Gulf War. Nor did one see retired generals explain tactics and strategy. Instead, there were experts from journalism and academe talking in a detached manner about a faraway war which was often presented as a cultural or religious conflict between West and Middle East. The history of Muslim-Christian-Jewish animosity was much discussed. And the American character was analyzed at length to understand the behavior of George Bush and General Schwarzkopf.
  • In the words of one Albrecht Fürst von Urach, a Nazi propagandist, Japanese emperor worship was “the most unique fusion in the world of state form, state consciousness, and religious fanaticism.” Fanaticism was, of course, a positive word in the Nazi lexicon.
  • the identity question nags in almost any discussion about Japan and the outside world. It
  • It was a respectable view, but also one founded on a national myth of betrayal. Japan, according to the myth, had become the unique moral nation of peace, betrayed by the victors who had sat in judgment of Japan’s war crimes; betrayed in Vietnam, in Afghanistan, in Nicaragua; betrayed by the arms race, betrayed by the Cold War; Japan had been victimized not only by the “gratuitous,” perhaps even “racist,” nuclear attacks on Hiroshima and Nagasaki, but by all subsequent military actions taken by the superpowers,
  • When the Prime Minister of Japan, Shidehara Kijuro, protested in 1946 to General MacArthur that it was all very well saying that Japan should assume moral leadership in renouncing war, but that in the real world no country would follow this example, MacArthur replied: “Even if no country follows you, Japan will lose nothing. It is those who do not support this who are in the wrong.” For a long time most Japanese continued to take this view.
  • What is so convenient in the cases of Germany and Japan is that pacifism happens to be a high-minded way to dull the pain of historical guilt. Or, conversely, if one wallows in it, pacifism turns national guilt into a virtue, almost a mark of superiority, when compared to the complacency of other nations.
  • The denial of historical discrimination is not just a way to evade guilt. It is intrinsic to pacifism. To even try to distinguish between wars, to accept that some wars are justified, is already an immoral position.
  • That Kamei discussed this common paranoia in such odd, Volkish terms could mean several things: that some of the worst European myths got stuck in Japan, that the history of the Holocaust had no impact, or that Japan is in some respects a deeply provincial place. I think all three explanations apply.
  • “the problem with the U.S.-Japan relationship is difficult. A racial problem, really. Yankees are friendly people, frank people. But, you know, it’s hard. You see, we have to be friendly …”
  • Like Oda, indeed like many people of the left, Kamei thought in racial terms. He used the word jinshu, literally race. He did not even use the more usual minzoku, which corresponds, in the parlance of Japanese right-wingers, to Volk, or the more neutral kokumin, meaning the citizens of a state.
  • many Germans in the liberal democratic West have tried to deal honestly with their nation’s terrible past, the Japanese, being different, have been unable to do so. It is true that the Japanese, compared with the West Germans, have paid less attention to the suffering they inflicted on others, and shown a greater inclination to shift the blame. And liberal democracy, whatever it may look like on paper, has not been the success in Japan that it was in the German Federal Republic. Cultural differences might account for this. But one can look at these matters in a different, more political way. In his book The War Against the West, published in London in 1938, the Hungarian scholar Aurel Kolnai followed the Greeks in his definition of the West: “For the ancient Greeks ‘the West’ (or ‘Europe’) meant society with a free constitution and self-government under recognized rules, where ‘law is king,’ whereas the ‘East’ (or ‘Asia’) signified theocratic societies under godlike rulers whom their subjects serve ‘like slaves.’
  • According to this definition, both Hitler’s Germany and prewar Japan were of the East.
  • There was a great irony here: in their zeal to make Japan part of the West, General MacArthur and his advisers made it impossible for Japan to do so in spirit. For a forced, impotent accomplice is not really an accomplice at all.
  • In recent years, Japan has often been called an economic giant and a political dwarf. But this has less to do with a traditional Japanese mentality—isolationism, pacifism, shyness with foreigners, or whatnot—than with the particular political circumstances after the war that the United States helped to create.
  • when the Cold War prompted the Americans to make the Japanese subvert their constitution by creating an army which was not supposed to exist, the worst of all worlds appeared: sovereignty was not restored, distrust remained, and resentment mounted.
  • Kamei’s hawks are angry with the Americans for emasculating Japan; Oda’s doves hate the Americans for emasculating the “peace constitution.” Both sides dislike being forced accomplices, and both feel victimized, which is one reason Japanese have a harder time than Germans in coming to terms with their wartime past.
  • As far as the war against the Jews is concerned, one might go back to 1933, when Hitler came to power. Or at the latest to 1935, when the race laws were promulgated in Nuremberg. Or perhaps those photographs of burning synagogues on the night of November 9, 1938, truly marked the first stage of the Holocaust.
  • There is the famous picture of German soldiers lifting the barrier on the Polish border in 1939, but was that really the beginning? Or did it actually start with the advance into the Rhineland in 1936, or was it the annexation of the Sudetenland, or Austria, or Czechoslovakia?
  • IT IS DIFFICULT TO SAY when the war actually began for the Germans and the Japanese. I cannot think of a single image that fixed the beginning of either war in the public mind.
  • Possibly to avoid these confusions, many Germans prefer to talk about the Hitlerzeit (Hitler era) instead of “the war.”
  • only Japanese of a liberal disposition call World War II the Pacific War. People who stick to the idea that Japan was fighting a war to liberate Asia from Bolshevism and white colonialism call it the Great East Asian War (Daitowa Senso), as in the Great East Asian Co-Prosperity Sphere.
  • The German equivalent, I suppose, would be the picture of Soviet soldiers raising their flag on the roof of the gutted Reichstag in Berlin.
  • People of this opinion separate the world war of 1941–45 from the war in China, which they still insist on calling the China Incident.
  • Liberals and leftists, on the other hand, tend to splice these wars together and call them the Fifteen-Year War (1931–45).
  • images marking the end are more obvious.
  • argued that the struggle against Western imperialism actually began in 1853, with the arrival in Japan of Commodore Perry’s ships, and spoke of the Hundred-Year War.
  • These are among the great clichés of postwar Japan: shorthand for national defeat, suffering, and humiliation.
  • The Germans called it Zusammenbruch (the collapse) or Stunde Null (Zero Hour): everything seemed to have come to an end, everything had to start all over. The Japanese called it haisen (defeat) or shusen (termination of the war).
  • kokka (nation, state) and minzoku (race, people) are not quite of the same order as Sonderbehandlung (special treatment) or Einsatzgruppe (special action squad). The jargon of Japanese imperialism was racist and overblown, but it did not carry the stench of death camps.
  • The German people are spiritually starved, Adenauer told him. “The imagination has to be provided for.” This was no simple matter, especially in the German language, which had been so thoroughly infected by the jargon of mass murder.
  • All they had been told to believe in, the Germans and the Japanese, everything from the Führerprinzip to the emperor cult, from the samurai spirit to the Herrenvolk, from Lebensraum to the whole world under one (Japanese) roof, all that lay in ruins
  • How to purge this language from what a famous German philologist called the Lingua Tertii Imperii? “… the language is no longer lived,” wrote George Steiner in 1958, “it is merely spoken.”
  • out of defeat and ruin a new school of literature (and cinema) did arise. It is known in Germany as Trümmerliteratur (literature of the ruins). Japanese writers who came of age among the ruins called themselves the yakeato seidai (burnt-out generation). Much literature of the late forties and fifties was darkened by nihilism and despair.
  • It was as though Germany—Sonderweg or no Sonderweg—needed only to be purged of Nazism, while Japan’s entire cultural tradition had to be overhauled.
  • In Germany there was a tradition to fall back on. In the Soviet sector, the left-wing culture of the Weimar Republic was actively revived. In the Western sectors, writers escaped the rats and the ruins by dreaming of Goethe. His name was often invoked to prove that Germany, too, belonged to the humanist, enlightened strain of European civilization.
  • the Americans (and many Japanese leftists) distrusted anything associated with “feudalism,” which they took to include much of Japan’s premodern past. Feudalism was the enemy of democracy. So not only did the American censors, in their effort to teach the Japanese democracy, forbid sword-fight films and samurai dramas, but at one point ninety-eight Kabuki plays were banned too.
  • yet, what is remarkable about much of the literature of the period, or more precisely, of the literature about that time, since much of it was written later, is the deep strain of romanticism, even nostalgia. This colors personal memories of people who grew up just after the war as well.
  • If the mushroom cloud and the imperial radio speech are the clichés of defeat, the scene of an American soldier (usually black) raping a Japanese girl (always young, always innocent), usually in a pristine rice field (innocent, pastoral Japan), is a stock image in postwar movies about the occupation.
  • To Ango, then, as to other writers, the ruins offered hope. At last the Japanese, without “the fake kimono” of traditions and ideals, were reduced to basic human needs; at last they could feel real love, real pain; at last they would be honest. There was no room, among the ruins, for hypocrisy.
  • Böll was able to be precise about the end of the Zusammenbruch and the beginning of bourgeois hypocrisy and moral amnesia. It came on June 20, 1948, the day of the currency reform, the day that Ludwig Erhard, picked by the Americans as Economics Director in the U.S.-British occupation zone, gave birth to the Deutsche Mark. The DM, from then on, would be the new symbol of West German national pride;
  • the amnesia, and definitely the identification with the West, was helped further along by the Cold War. West Germany now found itself on the same side as the Western allies. Their common enemy was the “Asiatic” Soviet empire. Fewer questions needed to be asked.
  • Indeed, to some people the Cold War simply confirmed what they had known all along: Germany always had been on the right side, if only our American friends had realized it earlier.
  • The process of willed forgetfulness culminated in the manic effort of reconstruction, in the great rush to prosperity.
  • “Prosperity for All” was probably the best that could have happened to the Germans of the Federal Republic. It took the seed of resentment (and thus future extremism) out of defeat. And the integration of West Germany into a Western alliance was a good thing too.
  • The “inability to mourn,” the German disassociation from the piles of corpses strewn all over Central and Eastern Europe, so that the Third Reich, as the Mitscherlichs put it, “faded like a dream,” made it easier to identify with the Americans, the victors, the West.
  • Yet the disgust felt by Böll and others for a people getting fat (“flabby” is the usual term, denoting sloth and decadence) and forgetting about its murderous past was understandable.
  • The Brückners were the price Germany had to pay for the revival of its fortunes. Indeed, they were often instrumental in it. They were the apparatchik who functioned in any system, the small, efficient fish who voted for Christian conservatives in the West and became Communists in the East.
  • Staudte was clearly troubled by this, as were many Germans, but he offered no easy answers. Perhaps it was better this way: flabby democrats do less harm than vengeful old Nazis.
  • the forgetful, prosperous, capitalist Federal Republic of Germany was in many more or less hidden ways a continuation of Hitler’s Reich. This perfectly suited the propagandists of the GDR, who would produce from time to time lists of names of former Nazis who were prospering in the West. These lists were often surprisingly accurate.
  • In a famous film, half fiction, half documentary, made by a number of German writers and filmmakers (including Böll) in 1977, the continuity was made explicit. The film, called Germany in Autumn (Deutschland in Herbst),
  • Rainer Werner Fassbinder was one of the participants in this film. A year later he made The Marriage of Maria Braun.
  • To lifelong “antifascists” who had always believed that the Federal Republic was the heir to Nazi Germany, unification seemed—so they said—almost like a restoration of 1933. The irony was that many Wessies saw their new Eastern compatriots as embarrassing reminders of the same unfortunate past.
  • Rarely was the word “Auschwitz” heard more often than during the time of unification, partly as an always salutary reminder that Germans must not forget, but partly as an expression of pique that the illusion of a better, antifascist, anticapitalist, idealistic Germany, born in the ruins of 1945, and continued catastrophically for forty years in the East, had now been dashed forever.
  • Ludwig Erhard’s almost exact counterpart in Japan was Ikeda Hayato, Minister of Finance from 1949 and Prime Minister from 1960 to 1964. His version of Erhard’s “Prosperity for AH” was the Double Your Incomes policy, which promised to make the Japanese twice as rich in ten years. Japan had an average growth rate of 11 percent during the 1960s.
  • It explains, at any rate, why the unification of the two Germanys was considered a defeat by antifascists on both sides of the former border.
  • Very few wartime bureaucrats had been purged. Most ministries remained intact. Instead it was the Communists, who had welcomed the Americans as liberators, who were purged after 1949, the year China was “lost.”
  • so the time of ruins was seen by people on the left as a time of missed chances and betrayal. Far from achieving a pacifist utopia of popular solidarity, they ended up with a country driven by materialism, conservatism, and selective historical amnesia.
  • the “red purges” of 1949 and 1950 and the return to power of men whose democratic credentials were not much better helped to turn many potential Japanese friends of the United States into enemies. For the Americans were seen as promoters of the right-wing revival and the crackdown on the left.
  • For exactly twelve years Germany was in the hands of a criminal regime, a bunch of political gangsters who had started a movement. Removing this regime was half the battle.
  • It is easier to change political institutions and hope that habits and prejudices will follow. This, however, was more easily done in Germany than in Japan.
  • There had not been a cultural break either in Japan. There were no exiled writers and artists who could return to haunt the consciences of those who had stayed.
  • There was no Japanese Thomas Mann or Alfred Döblin. In Japan, everyone had stayed.
  • In Japan there was never a clear break between a fascist and a prefascist past. In fact, Japan was never really a fascist state at all. There was no fascist or National Socialist ruling party, and no Führer either. The closest thing to it would have been the emperor, and whatever else he may have been, he was not a fascist dictator.
  • whereas after the war Germany lost its Nazi leaders, Japan lost only its admirals and generals.
  • Japan was effectively occupied only by the Americans. West Germany was part of NATO and the European Community, and the GDR was in the Soviet empire. Japan’s only formal alliance is with the United States, through a security treaty that many Japanese have opposed.
  • But the systematic subservience of Japan meant that the country never really grew up. There is a Japanese fixation on America, an obsession which goes deeper, I believe, than German anti-Americanism,
  • Yet nothing had stayed entirely the same in Japan. The trouble was that virtually all the changes were made on American orders. This was, of course, the victor’s prerogative, and many changes were beneficial.
  • like in fiction. American Hijiki, a novella by Nosaka Akiyuki, is, to my mind, a masterpiece in the short history of Japanese Trümmerliteratur.
  • Older Japanese do, however, remember the occupation, the first foreign army occupation in their national history. But it was, for the Japanese, a very unusual army. Whereas the Japanese armies in Asia had brought little but death, rape, and destruction, this one came with Glenn Miller music, chewing gum, and lessons in democracy. These blessings left a legacy of gratitude, rivalry, and shame.
  • did these films teach the Japanese democracy? Oshima thinks not. Instead, he believes, Japan learned the values of “progress” and “development.” Japan wanted to be just as rich as America—no, even richer:
  • think it is a romantic assumption, based less on history than on myth; a religious notion, expressed less through scholarship than through monuments, memorials, and historical sites turned into sacred grounds.
  • The past, wrote the West German historian Christian Meier, is in our bones. “For a nation to appropriate its history,” he argued, “is to look at it through the eyes of identity.” What we have “internalized,” he concluded, is Auschwitz.
  • Auschwitz is such a place, a sacred symbol of identity for Jews, Poles, and perhaps even Germans. The question is what or whom Germans are supposed to identify with.
  • The idea that visiting the relics of history brings the past closer is usually an illusion. The opposite is more often true.
  • To visit the site of suffering, any description of which cannot adequately express the horror, is upsetting, not because one gets closer to knowing what it was actually like to be a victim, but because such visits stir up emotions one cannot trust. It is tempting to take on the warm moral glow of identification—so easily done and so presumptuous—with the victims:
  • Were the crimes of Auschwitz, then, part of the German “identity”? Was genocide a product of some ghastly flaw in German culture, the key to which might be found in the sentimental proverbs, the cruel fairy tales, the tight leather shorts?
  • yet the imagination is the only way to identify with the past. Only in the imagination—not through statistics, documents, or even photographs—do people come alive as individuals, do stories emerge, instead of History.
  • nature. It is all right to let the witnesses speak, in the courtroom, in the museums, on videotape (Claude Lanzmann’s Shoah has been shown many times on German television), but it is not all right for German artists to use their imagination.
  • the reluctance in German fiction to look Auschwitz in the face, the almost universal refusal to deal with the Final Solution outside the shrine, the museum, or the schoolroom, suggests a fear of committing sacrilege.
  • beneath the fear of bad taste or sacrilege may lie a deeper problem. To imagine people in the past as people of flesh and blood, not as hammy devils in silk capes, is to humanize them. To humanize is not necessarily to excuse or to sympathize, but it does demolish the barriers of abstraction between us and them. We could, under certain circumstances, have been them.
  • the flight into religious abstraction was to be all too common among Germans of the Nazi generation, as well as their children; not, as is so often the case with Jews, to lend mystique to a new identity, as a patriotic Zionist, but on the contrary to escape from being the heir to a peculiarly German crime, to get away from having to “internalize” Auschwitz, or indeed from being German at all.
  • a Hollywood soap opera, a work of skillful pop, which penetrated the German imagination in a way nothing had before. Holocaust was first shown in Germany in January 1979. It was seen by 20 million people, about half the adult population of the Federal Republic; 58 percent wanted it to be repeated; 12,000 letters, telegrams, and postcards were sent to the broadcasting stations; 5,200 called the stations by telephone after the first showing; 72.5 percent were positive, 7.3 percent negative.
  • “After Holocaust,” wrote a West German woman to her local television station, “I feel deep contempt for those beasts of the Third Reich. I am twenty-nine years old and a mother of three children. When I think of the many mothers and children sent to the gas chambers, I have to cry. (Even today the Jews are not left in peace. We Germans have the duty to work every day for peace in Israel.) I bow to the victims of the Nazis, and I am ashamed to be a German.”
  • Auschwitz was a German crime, to be sure. “Death is a master from Germany.” But it was a different Germany. To insist on viewing history through the “eyes of identity,” to repeat the historian Christian Meier’s phrase, is to resist the idea of change.
  • Is there no alternative to these opposing views? I believe there is.
  • The novelist Martin Walser, who was a child during the war, believes, like Meier, that Auschwitz binds the German people, as does the language of Goethe. When a Frenchman or an American sees pictures of Auschwitz, “he doesn’t have to think: We human beings! He can think: Those Germans! Can we think: Those Nazis! I for one cannot …”
  • Adorno, a German Jew who wished to save high German culture, on whose legacy the Nazis left their bloody finger marks, resisted the idea that Auschwitz was a German crime. To him it was a matter of modern pathology, the sickness of the “authoritarian personality,” of the dehumanized SS guards, those inhumane cogs in a vast industrial wheel.
  • To the majority of Japanese, Hiroshima is the supreme symbol of the Pacific War. All the suffering of the Japanese people is encapsulated in that almost sacred word: Hiroshima. But it is more than a symbol of national martyrdom; Hiroshima is a symbol of absolute evil, often compared to Auschwitz.
  • has the atmosphere of a religious center. It has martyrs, but no single god. It has prayers, and it has a ready-made myth about the fall of man. Hiroshima, says a booklet entitled Hiroshima Peace Reader, published by the Hiroshima Peace Culture Foundation, “is no longer merely a Japanese city. It has become recognized throughout the world as a Mecca of world peace.”
  • They were not enshrined in the Japanese park, and later attempts by local Koreans to have the monument moved into Peace Park failed. There could only be one cenotaph, said the Hiroshima municipal authorities. And the cenotaph did not include Koreans.
  • What is interesting about Hiroshima—the Mecca rather than the modern Japanese city, which is prosperous and rather dull—is the tension between its universal aspirations and its status as the exclusive site of Japanese victimhood.
  • it is an opinion widely held by Japanese nationalists. The right always has been concerned with the debilitating effects on the Japanese identity of war guilt imposed by American propaganda.
  • The Japanese, in contrast, were duped by the Americans into believing that the traces of Japanese suffering should be swept away by the immediate reconstruction of Hiroshima. As a result, the postwar Japanese lack an identity and their racial virility has been sapped by American propaganda about Japanese war guilt.
  • Hiroshima, Uno wrote, should have been left as it was, in ruins, just as Auschwitz, so he claims, was deliberately preserved by the Jews. By reminding the world of their martyrdom, he said, the Jews have kept their racial identity intact and restored their virility.
  • But the idea that the bomb was a racist experiment is less plausible, since the bomb was developed for use against Nazi Germany.
  • There is another view, however, held by leftists and liberals, who would not dream of defending the “Fifteen-Year War.” In this view, the A-bomb was a kind of divine punishment for Japanese militarism. And having learned their lesson through this unique suffering, having been purified through hellfire and purgatory, so to speak, the Japanese people have earned the right, indeed have the sacred duty, to sit in judgment of others, specifically the United States, whenever they show signs of sinning against the “Hiroshima spirit.”
  • The left has its own variation of Japanese martyrdom, in which Hiroshima plays a central role. It is widely believed, for instance, that countless Japanese civilians fell victim to either a wicked military experiment or to the first strike in the Cold War, or both.
  • However, right-wing nationalists care less about Hiroshima than about the idée fixe that the “Great East Asian War” was to a large extent justified.
  • This is at the heart of what is known as Peace Education, which has been much encouraged by the leftist Japan Teachers’ Union and has been regarded with suspicion by the conservative government. Peace Education has traditionally meant pacifism, anti-Americanism, and a strong sympathy for Communist states, especially China.
  • The A-bomb, in this version, was dropped to scare the Soviets away from invading Japan. This at least is an arguable position.
  • left-wing pacifism in Japan has something in common with the romantic nationalism usually associated with the right: it shares the right’s resentment about being robbed by the Americans of what might be called a collective memory.
  • The romantic pacifists believe that the United States, to hide its own guilt and to rekindle Japanese militarism in aid of the Cold War, tried to wipe out the memory of Hiroshima.
  • few events in World War II have been described, analyzed, lamented, reenacted, re-created, depicted, and exhibited so much and so often as the bombing of Hiroshima
  • The problem with Nagasaki was not just that Hiroshima came first but also that Nagasaki had more military targets than Hiroshima. The Mitsubishi factories in Nagasaki produced the bulk of Japanese armaments. There was also something else, which is not often mentioned: the Nagasaki bomb exploded right over the area where outcasts and Christians lived. And unlike in Hiroshima, much of the rest of the city was spared the worst.
  • yet, despite these diatribes, the myth of Hiroshima and its pacifist cult is based less on American wickedness than on the image of martyred innocence and visions of the apocalypse.
  • The comparison between Hiroshima and Auschwitz is based on this notion; the idea, namely, that Hiroshima, like the Holocaust, was not part of the war, not even connected with it, but “something that occurs at the end of the world
  • still I wonder whether it is really so different from the position of many Germans who wish to “internalize” Auschwitz, who see Auschwitz “through the eyes of identity.”
  • the Japanese to take two routes at once, a national one, as unique victims of the A-bomb, and a universal one, as the apostles of the Hiroshima spirit. This, then, is how Japanese pacifists, engaged in Peace Education, define the Japanese identity.
  • the case for Hiroshima is at least open to debate. The A-bomb might have saved lives; it might have shortened the war. But such arguments are incompatible with the Hiroshima spirit.
  • In either case, nationality has come to be based less on citizenship than on history, morality, and a religious spirit.
  • The problem with this quasi-religious view of history is that it makes it hard to discuss past events in anything but nonsecular terms. Visions of absolute evil are unique, and they are beyond human explanation or even comprehension. To explain is hubristic and amoral.
  • in the history of Japan’s foreign wars, the city of Hiroshima is far from innocent. When Japan went to war with China in 1894, the troops set off for the battlefronts from Hiroshima, and the Meiji emperor moved his headquarters there. The city grew wealthy as a result. It grew even wealthier when Japan went to war with Russia eleven years later, and Hiroshima once again became the center of military operations. As the Hiroshima Peace Reader puts it with admirable conciseness, “Hiroshima, secure in its position as a military city, became more populous and prosperous as wars and incidents occurred throughout the Meiji and Taisho periods.” At the time of the bombing, Hiroshima was the base of the Second General Headquarters of the Imperial Army (the First was in Tokyo). In short, the city was swarming with soldiers. One of the few literary masterpieces to emerge
  • when a local group of peace activists petitioned the city of Hiroshima in 1987 to incorporate the history of Japanese aggression into the Peace Memorial Museum, the request was turned down. The petition for an “Aggressors’ Corner” was prompted by junior high school students from Osaka, who had embarrassed Peace Museum officials by asking for an explanation about Japanese responsibility for the war.
  • Yukoku Ishinkai (Society for Lament and National Restoration), thought the bombing had saved Japan from total destruction. But he insisted that Japan could not be held solely responsible for the war. The war, he said, had simply been part of the “flow of history.”
  • They also demanded an official recognition of the fact that some of the Korean victims of the bomb had been slave laborers. (Osaka, like Kyoto and Hiroshima, still has a large Korean population.) Both requests were denied. So a group called Peace Link was formed, from local people, many of whom were Christians, antinuclear activists, or involved with discriminated-against minorities.
  • The history of the war, or indeed any history, is indeed not what the Hiroshima spirit is about. This is why Auschwitz is the only comparison that is officially condoned. Anything else is too controversial, too much part of the “flow of history.”
  • “You see, this museum was not really intended to be a museum. It was built by survivors as a place of prayer for the victims and for world peace. Mankind must build a better world. That is why Hiroshima must persist. We must go back to the basic roots. We must think of human solidarity and world peace. Otherwise we just end up arguing about history.”
  • Only when a young Japanese history professor named Yoshimi Yoshiaki dug up a report in American archives in the 1980s did it become known that the Japanese had stored 15,000 tons of chemical weapons on and near the island and that a 200-kilogram container of mustard gas was buried under Hiroshima.
  • what was the largest toxic gas factory in the Japanese Empire. More than 5,000 people worked there during the war, many of them women and schoolchildren. About 1,600 died of exposure to hydrocyanic acid gas, nausea gas, and lewisite. Some were damaged for life. Official Chinese sources claim that more than 80,000 Chinese fell victim to gases produced at the factory. The army was so secretive about the place that the island simply disappeared from Japanese maps.
  • in 1988, through the efforts of survivors, the small museum was built, “to pass on,” in the words of the museum guide, “the historical truth to future generations.”
  • Surviving workers from the factory, many of whom suffered from chronic lung diseases, asked for official recognition of their plight in the 1950s. But the government turned them down. If the government had compensated the workers, it would have been an official admission that the Japanese Army had engaged in an illegal enterprise. When a brief mention of chemical warfare crept into Japanese school textbooks, the Ministry of Education swiftly took it out.
  • I asked him about the purpose of the museum. He said: “Before shouting ‘no more war,’ I want people to see what it was really like. To simply look at the past from the point of view of the victim is to encourage hatred.”
  • “Look,” he said, “when you fight another man, and hit him and kick him, he will hit and kick back. One side will win. How will this be remembered? Do we recall that we were kicked, or that we started the kicking ourselves? Without considering this question, we cannot have peace.”
  • The fact that Japanese had buried poison gas under Hiroshima did not lessen the horror of the A-bomb. But it put Peace Park, with all its shrines, in a more historical perspective. It took the past away from God and put it in the fallible hands of man.
  • What did he think of the Peace Museum in Hiroshima? “At the Hiroshima museum it is easy to feel victimized,” he said. “But we must realize that we were aggressors too. We were educated to fight for our country. We made toxic gas for our country. We lived to fight the war. To win the war was our only goal.”
  • Nanking, as the capital of the Nationalist government, was the greatest prize in the attempted conquest of China. Its fall was greeted in Japan with banner headlines and nationwide celebration. For six weeks Japanese Army officers allowed their men to run amok. The figures are imprecise, but tens of thousands, perhaps hundreds of thousands (the Chinese say 300,000) of Chinese soldiers and civilians, many of them refugees from other towns, were killed. And thousands of women between the ages of about nine and seventy-five were raped, mutilated, and often murdered.
  • Was it a deliberate policy to terrorize the Chinese into submission? The complicity of the officers suggests there was something to this. But it might also have been a kind of payoff to the Japanese troops for slogging through China in the freezing winter without decent pay or rations. Or was it largely a matter of a peasant army running out of control? Or just the inevitable consequence of war, as many Japanese maintain?
  • inevitable cruelty of war. An atrocity is a willful act of criminal brutality, an act that violates the law as well as any code of human decency. It isn’t that the Japanese lack such codes or are morally incapable of grasping the concept. But “atrocity,” like “human rights,” is part of a modern terminology which came from the West, along with “feminism,” say, or “war crimes.” To right-wing nationalists it has a leftist ring, something subversive, something almost anti-Japanese.
  • During the Tokyo War Crimes Tribunal, Nanking had the same resonance as Auschwitz had in Nuremberg. And being a symbol, the Nanking Massacre is as vulnerable to mythology and manipulation as Auschwitz and Hiroshima.
  • Mori’s attitude also raises doubts about Ruth Benedict’s distinction between Christian “guilt culture” and Confucian “shame culture.”
  • In her opinion, a “society that inculcates absolute standards of morality and relies on man’s developing a conscience is a guilt culture by definition …” But in “a culture where shame is a major sanction, people are chagrined about acts which we expect people to feel guilty about.” However, this “chagrin cannot be relieved, as guilt can be, by confession and atonement …”
  • memory was admitted at all, the Mitscherlichs wrote about Germans in the 1950s, “it was only in order to balance one’s own guilt against that of others. Many horrors had been unavoidable, it was claimed, because they had been dictated by crimes committed by the adversary.” This was precisely what many Japanese claimed, and still do claim. And it is why Mori insists on making his pupils view the past from the perspective of the aggressors.
  • Two young Japanese officers, Lieutenant N. and Lieutenant M., were on their way to Nanking and decided to test their swordsmanship: the first to cut off one hundred Chinese heads would be the winner. And thus they slashed their way through Chinese ranks, taking scalps in true samurai style. Lieutenant M. got 106, and Lieutenant N. bagged 105.
  • The story made a snappy headline in a major Tokyo newspaper: “Who Will Get There First! Two Lieutenants Already Claimed 80.” In the Nanking museum is a newspaper photograph of the two friends, glowing with youthful high spirits. Lieutenant N. boasted in the report that he had cut the necks off 56 men without even denting the blade of his ancestral sword.
  • I was told by a Japanese veteran who had fought in Nanking that such stories were commonly made up or at least exaggerated by Japanese reporters, who were ordered to entertain the home front with tales of heroism.
  • Honda Katsuichi, a famous Asahi Shimbun reporter, was told the story in Nanking. He wrote it up in a series of articles, later collected in a book entitled A Journey to China, published in 1981.
  • the whole thing developed into the Nankin Ronso, or Nanking Debate. In 1984, an anti-Honda book came out, by Tanaka Masaaki, entitled The Fabrication of the “Nanking Massacre.”
  • back in Japan, Lieutenant M. began to revise his story. Speaking at his old high school, he said that in fact he had beheaded only four or five men in actual combat. As for the rest … “After we occupied the city, I stood facing a ditch, and told the Chinese prisoners to step forward. Since Chinese soldiers are stupid, they shuffled over to the ditch, one by one, and I cleanly cut off their heads.”
  • The nationalist intellectuals are called goyo gakusha by their critics. It is a difficult term to translate, but the implied meaning is “official scholars,” who do the government’s bidding.
  • the debate on the Japanese war is conducted almost entirely outside Japanese universities, by journalists, amateur historians, political columnists, civil rights activists, and so forth. This means that the zanier theories of the likes of Tanaka…
  • The other reason was that modern history was not considered academically respectable. It was too fluid, too political, too controversial. Until 1955, there was not one modern historian on the staff of Tokyo University. History stopped around the middle of the nineteenth century. And even now, modern…
  • In any case, so the argument invariably ends, Hiroshima, having been planned in cold blood, was a far worse crime. “Unlike in Europe or China,” writes Tanaka, “you won’t find one instance of planned, systematic murder in the entire history of Japan.” This is because the Japanese…
  • One reason is that there are very few modern historians in Japan. Until the end of the war, it would have been dangerously subversive, even blasphemous, for a critical scholar to write about modern…
  • they have considerable influence on public opinion, as television commentators, lecturers, and contributors to popular magazines. Virtually none of them are professional historians.
  • Tanaka and others have pointed out that it is physically impossible for one man to cut off a hundred heads with one blade, and that for the same reason Japanese troops could never have…
  • Besides, wrote Tanaka, none of the Japanese newspapers reported any massacre at the time, so why did it suddenly come up…
  • He admits that a few innocent people got killed in the cross fire, but these deaths were incidental. Some soldiers were doubtless a bit rough, but…
  • even he defends an argument that all the apologists make too: “On the battlefield men face the ultimate extremes of human existence, life or death. Extreme conduct, although still ethically…
  • atrocities carried out far from the battlefield dangers and imperatives and according to a rational plan were acts of evil barbarism. The Auschwitz gas chambers of our ‘ally’ Germany and the atomic bombing of our…
  • The point that it was not systematic was made by leftist opponents of the official scholars too. The historian Ienaga Saburo, for example, wrote that the Nanking Massacre, whose scale and horror he does not deny, “may have been a reaction to the fierce Chinese resistance after the Shanghai fighting.” Ienaga’s…
  • The nationalist right takes the opposite view. To restore the true identity of Japan, the emperor must be reinstated as a religious head of state, and Article Nine must be revised to make Japan a legitimate military power again. For this reason, the Nanking Massacre, or any other example of extreme Japanese aggression, has to be ignored, softened, or denied.
  • the question remains whether the raping and killing of thousands of women, and the massacre of thousands, perhaps hundreds of thousands, of other unarmed people, in the course of six weeks, can still be called extreme conduct in the heat of battle. The question is pertinent, particularly when such extreme violence is justified by an ideology which teaches the aggressors that killing an inferior race is in accordance with the will of their divine emperor.
  • The politics behind the symbol are so divided and so deeply entrenched that it hinders a rational historical debate about what actually happened in 1937. The more one side insists on Japanese guilt, the more the other insists on denying it.
  • The Nanking Massacre, for leftists and many liberals too, is the main symbol of Japanese militarism, supported by the imperial (and imperialist) cult. Which is why it is a keystone of postwar pacifism. Article Nine of the constitution is necessary to avoid another Nanking Massacre.
  • The Japanese, he said, should see their history through their own eyes, for “if we rely on the information of aliens and alien countries, who use history for the sake of propaganda, then we are in danger of losing the sense of our own history.” Yet another variation of seeing history through the eyes of identity.
  • their emotions were often quite at odds with the idea of “shame culture” versus “guilt culture.” Even where the word for shame, hazukashii, was used, its meaning was impossible to distinguish from the Western notion of guilt.
  • wasn’t so bad in itself. But then they killed them. You see, rape was against military regulations, so we had to destroy the evidence. While the women were fucked, they were considered human, but when we killed them, they were just pigs. We felt no shame about it, no guilt. If we had, we couldn’t have done it.
  • “Whenever we would enter a village, the first thing we’d do was steal food, then we’d take the women and rape them, and finally we’d kill all the men, women, and children to make sure they couldn’t slip away and tell the Chinese troops where we were. Otherwise we wouldn’t have been able to sleep at night.”
  • Clearly, then, the Nanking Massacre had been the culmination of countless massacres on a smaller scale. But it had been mass murder without a genocidal ideology. It was barbaric, but to Azuma and his comrades, barbarism was part of war.
  • “Sexual desire is human,” he said. “Since I suffered from a venereal disease, I never actually did it with Chinese women. But I did peep at their private parts. We’d always order them to drop their trousers. They never wore any underwear, you know. But the others did it with any woman that crossed our path.
  • He did have friends, however, who took part in the killings. One of them, Masuda Rokusuke, killed five hundred men by the Yangtze River with his machine gun. Azuma visited his friend in the hospital just before he died in the late 1980s. Masuda was worried about going to hell. Azuma tried to reassure him that he was only following orders. But Masuda remained convinced that he was going to hell.
  • “One of the worst moments I can remember was the killing of an old man and his grandson. The child was bayoneted and the grandfather started to suck the boy’s blood, as though to conserve his grandson’s life a bit longer. We watched a while and then killed both. Again, I felt no guilt, but I was bothered by this kind of thing. I felt confused. So I decided to keep a diary. I thought it might help me think straight.”
  • What about his old comrades? I asked. How did they discuss the war? “Oh,” said Azuma, “we wouldn’t talk about it much. When we did, it was to justify it. The Chinese resisted us, so we had to do what we did, and so on. None of us felt any remorse. And I include myself.”
  • got more and more agitated. “They turned the emperor into a living god, a false idol, like the Ayatollah in Iran or like Kim II Sung. Because we believed in the divine emperor, we were prepared to do anything, anything at all, kill, rape, anything. But I know he fucked his wife every night, just like we do …” He paused and lowered his voice. “But you know we cannot say this in Japan, even today. It is impossible in this country to tell the truth.”
  • My first instinct was to applaud West German education. Things had come a long way since 1968. There had been no school classes at Nuremberg, or even at the Auschwitz trial in Frankfurt from 1963 till 1965. Good for the teacher, I thought. Let them hear what was done. But I began to have doubts.
  • Just as belief belongs in church, surely history education belongs in school. When the court of law is used for history lessons, then the risk of show trials cannot be far off. It may be that show trials can be good politics—though I have my doubts about this too. But good politics don’t necessarily serve the truth.
  • There is a story about the young Richard when he was in Nuremberg at the time of the war crimes trials. He is said to have turned to a friend and to have remarked, in his best Wehrmacht officer style, that they should storm the court and release the prisoners. The friend, rather astonished, asked why on earth they should do such a thing. “So that we can try them ourselves” was Weiszäcker’s alleged response.
  • There was also concern that international law might not apply to many of the alleged crimes. If revenge was the point, why drag the law into it? Why not take a political decision to punish? This was what Becker, in his office, called the Italian solution: “You kill as many people as you can in the first six weeks, and then you forget about it: not very legal, but for the purposes of purification, well …”
  • Becker was not against holding trials as such. But he believed that existing German laws should have been applied, instead of retroactive laws about crimes against peace (preparing, planning, or waging an aggressive war).
  • It was to avoid a travesty of the legal process that the British had been in favor of simply executing the Nazi leaders without a trial. The British were afraid that a long trial might change public opinion. The trial, in the words of one British diplomat, might be seen as a “put-up job.”
  • The question is how to achieve justice without distorting the law, and how to stage a trial by victors over the vanquished without distorting history. A possibility would have been to make victors’ justice explicit, by letting military courts try the former enemies.
  • This would have avoided much hypocrisy and done less damage to the due process of law in civilian life. But if the intention was to teach Germans a history lesson, a military court would have run into the same problems as a civilian one.
  • Due process or revenge. This problem had preoccupied the ancient Greek tragedians. To break the cycle of vendetta, Orestes had to be tried by the Athens court for the murder of his mother. Without a formal trial, the vengeful Furies would continue to haunt the living.
  • The aspect of revenge might have been avoided had the trial been held by German judges. There was a precedent for this, but it was not a happy one. German courts had been allowed to try alleged war criminals after World War I. Despite strong evidence against them, virtually all were acquitted, and the foreign delegates were abused by local mobs. Besides, Wetzka was right: German judges had collaborated with the Nazi regime; they could hardly be expected to be impartial. So it was left to the victors to see that justice was done.
  • When the American chief prosecutor in Nuremberg, Robert H. Jackson, was asked by the British judge, Lord Justice Lawrence, what he thought the purpose of the trials should be, Jackson answered that they were to prove to the world that the German conduct of the war had been unjustified and illegal, and to demonstrate to the German people that this conduct deserved severe punishment and to prepare them for
  • What becomes clear from this kind of language is that law, politics, and religion became confused: Nuremberg became a morality play, in which Göring, Kaltenbrunner, Keitel, and the others were cast in the leading roles. It was a play that claimed to deliver justice, truth, and the defeat of evil.
  • The Nuremberg trials were to be a history lesson, then, as well as a symbolic punishment of the German people—a moral history lesson cloaked in all the ceremonial trappings of due legal process. They were the closest that man, or at least the men belonging to the victorious powers, could come to dispensing divine justice. This was certainly the way some German writers felt about it. Some welcomed it
  • We now have this law on our books, the prosecutor said: “It will be used against the German aggressor this time. But the four powers, who are conducting this trial in the name of twenty-three nations, know this law and declare: Tomorrow we shall be judged before history by the same yardstick by which we judge these defendants today.”
  • “We had seen through the amorality of the Nazis, and wanted to rid ourselves of it. It was from the moral seriousness of the American prosecution that we wished to learn sensible political thinking. “And we did learn. “And we allowed ourselves to apply this thinking to the present time. For example, we will use it now to take quite literally the morality of those American prosecutors. Oradour and Lidice—today they are cities in South Vietnam” (Italics in the original text.)
  • The play ends with a statement by the American prosecutor on crimes against peace
  • (It was decided in 1979, after the shock of the Holocaust TV series, to abolish the statute of limitations for crimes against humanity.)
  • after Nuremberg, most Germans were tired of war crimes. And until the mid-1950s German courts were permitted to deal only with crimes committed by Germans against other Germans. It took the bracing example of the Eichmann trial in Jerusalem to jolt German complacency—that, and the fact that crimes committed before 1946 would no longer be subject to prosecution after 1965.
  • Trying the vanquished for conventional war crimes was never convincing, since the victors could be accused of the same. Tu quoque could be invoked, in private if not in the Nuremberg court, when memories of Dresden and Soviet atrocities were still fresh. But Auschwitz had no equivalent. That was part of another war, or, better, it was not really a war at all; it was mass murder pure and simple, not for reasons of strategy or tactics, but of ideology alone.
  • Whether you are a conservative who wants Germany to be a “normal” nation or a liberal/leftist engaging in the “labor of mourning,” the key event of World War II is Auschwitz, not the Blitzkrieg, not Dresden, not even the war on the eastern front. This was the one history lesson of Nuremberg that stuck. As Hellmut Becker said, despite his skepticism about Nuremberg: “It was most important that the German population realized that crimes against humanity had taken place and that during the trials it became clear how they had taken place.”
  • In his famous essay on German guilt, Die Schuldfrage (The Question of German Guilt), written in 1946, Karl Jaspers distinguished four categories of guilt: criminal guilt, for breaking the law; political guilt, for being part of a criminal political system; moral guilt, for personal acts of criminal behavior; and metaphysical guilt, for failing in one’s responsibility to maintain the standards of civilized humanity. Obviously these categories overlap.
  • The great advantage, in his view, of a war crimes trial was its limitation. By allowing the accused to defend themselves with arguments, by laying down the rules of due process, the victors limited their own powers.
  • In any event, the trial distanced the German people even further from their former leaders. It was a comfortable distance, and few people had any desire to bridge it. This might be why the Nazi leaders are hardly ever featured in German plays, films, or novels.
  • And: “For us Germans this trial has the advantage that it distinguishes between the particular crimes of the leaders and that it does not condemn the Germans collectively.”
  • Serious conservative intellectuals, such as Hermann Lübbe, argued that too many accusations would have blocked West Germany’s way to becoming a stable, prosperous society. Not that Lübbe was an apologist for the Third Reich. Far from it: the legitimacy of the Federal Republic, in his opinion, lay in its complete rejection of the Nazi state.
  • their reaction was often one of indignation. “Why me?” they would say. “I just did my duty. I just followed orders like every decent German. Why must I be punished?”
  • “that these criminals were so like all of us at any point between 1918 and 1945 that we were interchangeable, and that particular circumstances caused them to take a different course, which resulted in this trial, these matters could not be properly discussed in the courtroom.” The terrible acts of individuals are lifted from their historical context. History is reduced to criminal pathology and legal argument.
  • they will not do as history lessons, nor do they bring us closer to that elusive thing that Walser seeks, a German identity.
  • The GDR had its own ways of using courts of law to deal with the Nazi past. They were in many respects the opposite of West German ways. The targets tended to be the very people that West German justice had ignored.
  • Thorough purges took place in the judiciary, the bureaucracy, and industry. About 200,000 people—four-fifths of the Nazi judges and prosecutors—lost their jobs. War crimes trials were held too; until 1947 by the Soviets, after that in German courts.
  • There were two more before 1957, and none after that. All in all, about 30,000 people had been tried and 500 executed. In the Federal Republic the number was about 91,000, and none were executed, as the death penalty was abolished by the 1949 constitution.
  • East German methods were both ruthless and expedient, and the official conclusion to the process was that the GDR no longer had to bear the burden of guilt. As state propaganda ceaselessly pointed out, the guilty were all in the West. There the fascists still sat as judges and ran the industries that produced the economic boom, the Wirtschaftswunder.
  • society. Although some of his critics, mostly on the old left, in both former Germanys, called him a grand inquisitor, few doubted the pastor’s good intentions. His arguments for trials were moral, judicial, and historical. He set out his views in a book entitled The Stasi Documents. Echoes of an earlier past rang through almost every page. “We can
  • Germany of the guilty, the people who felt betroffen by their own “inability to mourn,” the nation that staged the Auschwitz and Majdanek trials, that Germany was now said to stand in judgment over the other Germany—the Germany of the old antifascists, the Germany that had suffered under two dictatorships, the Germany of uniformed marches, goose-stepping drills, and a secret police network, vast beyond even the Gestapo’s dreams.
  • It is almost a form of subversion to defend a person who stands accused in court. So the idea of holding political and military leaders legally accountable for their actions was even stranger in Japan than it was in Germany. And yet, the shadows thrown by the Tokyo trial have been longer and darker in Japan than those of the Nuremberg trial in Germany.
  • never was—unlike, say, the railway station or the government ministry—a central institution of the modern Japanese state. The law was not a means to protect the people from arbitrary rule; it was, rather, a way for the state to exercise more control over the people. Even today, there are relatively few lawyers in Japan.
  • Japanese school textbooks are the product of so many compromises that they hardly reflect any opinion at all. As with all controversial matters in Japan, the more painful, the less said. In a standard history textbook for middle school students, published in the 1980s, mention of the Tokyo trial takes up less than half a page. All it says is that the trial…
  • As long as the British and the Americans continued to be oppressors in Asia, wrote a revisionist historian named Hasegawa Michiko, who was born in 1945, “confrontation with Japan was inevitable. We did not fight for Japan alone. Our aim was to fight a Greater East Asia War. For this reason the war between Japan and China and Japan’s oppression of…
  • West German textbooks describe the Nuremberg trial in far more detail. And they make a clear distinction between the retroactive law on crimes against peace and the…
  • Nationalist revisionists talk about “the Tokyo Trial View of History,” as though the conclusions of the tribunal had been nothing but rabid anti-Japanese propaganda. The tribunal has been called a lynch mob, and Japanese leftists are blamed for undermining the morale of generations of Japanese by passing on the Tokyo Trial View of History in school textbooks and liberal publications. The Tokyo Trial…
  • When Hellmut Becker said that few Germans wished to criticize the procedures of the Nuremberg trial because the criminality of the defendants was so plain to see, he was talking about crimes against humanity—more precisely, about the Holocaust. And it was…
  • The knowledge compiled by the doctors of Unit 731—of freezing experiments, injection of deadly diseases, vivisections, among other things—was considered so valuable by the Americans in 1945 that the doctors…
  • those aspects of the war that were most revolting and furthest removed from actual combat, such as the medical experiments on human guinea pigs (known as “logs”) carried out by Unit 731 in…
  • There never were any Japanese war crimes trials, nor is there a Japanese Ludwigsburg. This is partly because there was no exact equivalent of the Holocaust. Even though the behavior of Japanese troops was often barbarous, and the psychological consequences of State Shinto and emperor worship were frequently as hysterical as Nazism, Japanese atrocities were part of a…
  • This difference between (West) German and Japanese textbooks is not just a matter of detail; it shows a gap in perception. To the Japanese, crimes against humanity are not associated with an equivalent to the…
  • on what grounds would Japanese courts have prosecuted their own former leaders? Hata’s answer: “For starting a war which they knew they would lose.” Hata used the example of General Galtieri and his colleagues in Argentina after losing the Falklands War. In short, they would have been tried for losing the war, and the intense suffering they inflicted on their own people. This is as though German courts in 1918 had put General Hindenburg or General Ludendorff on trial.
  • it shows yet again the fundamental difference between the Japanese war, in memory and, I should say, in fact, and the German experience. The Germans fought a war too, but the one for which they tried their own people, the Bogers and the Schwammbergers, was a war they could not lose, unless defeat meant that some of the enemies survived.
  • Just as German leftists did in the case of Nuremberg, Kobayashi used the trial to turn the tables against the judges. But not necessarily to mitigate Japanese guilt. Rather, it was his intention to show how the victors had betrayed the pacifism they themselves had imposed on Japan.
  • the Japanese left has a different view of the Tokyo trial than the revisionist right. It is comparable to the way the German left looks upon Nuremberg. This was perfectly, if somewhat long-windedly, expressed in Kobayashi Masaki’s documentary film Tokyo Trial, released in 1983. Kobayashi is anything but an apologist for the Japanese war. His most famous film, The Human Condition, released in 1959, took a highly critical view of the war.
  • Yoshimoto’s memory was both fair and devastating, for it pointed straight at the reason for the trial’s failure. The rigging of a political trial—the “absurd ritual”—undermined the value of that European idea of law.
  • Yoshimoto went on to say something no revisionist would ever mention: “I also remember my fresh sense of wonder at this first encounter with the European idea of law, which was so different from the summary justice in our Asiatic courts. Instead of getting your head chopped off without a proper trial, the accused were able to defend themselves, and the careful judgment appeared to follow a public procedure.”
  • Yoshimoto Takaaki, philosopher of the 1960s New Left. Yet he wrote in 1986 that “from our point of view as contemporaries and witnesses, the trial was partly plotted from the very start. It was an absurd ritual before slaughtering the sacrificial lamb.”
  • This, from all accounts, was the way it looked to most Japanese, even if they had little sympathy for most of the “lambs.” In 1948, after three years of American occupation censorship and boosterism, people listened to the radio broadcast of the verdicts with a sad but fatalist shrug: this is what you can expect when you lose the war.
  • Some of the information even surprised the defendants. General Itagaki Seishiro, a particularly ruthless figure, who was in command of prison camps in Southeast Asia and whose troops had massacred countless Chinese civilians, wrote in his diary: “I am learning of matters I had not known and recalling things I had forgotten.”
  • hindsight, one can only conclude that instead of helping the Japanese to understand and accept their past, the trial left them with an attitude of cynicism and resentment.
  • After it was over, the Nippon Times pointed out the flaws of the trial, but added that “the Japanese people must ponder over why it is that there has been such a discrepancy between what they thought and what the rest of the world accepted almost as common knowledge. This is at the root of the tragedy which Japan brought upon herself.”
  • Political trials produce politicized histories. This is what the revisionists mean when they talk about the Tokyo Trial View of History. And they are right, even if their own conclusions are not.
  • Frederick Mignone, one of the prosecutors, said a trifle histrionically that “in Japan and in the Orient in general, the trial is one of the most important phases of the occupation. It has received wide coverage in the Japanese press and revealed for the first time to millions of Japanese the scheming, duplicity, and insatiable desire for power of her entrenched militaristic leaders, writing a much-needed history of events which otherwise would not have been written.” It was indeed much-needed, since so little was known.
  • The president of the Tokyo tribunal, Sir William Webb, thought “the crimes of the German accused were far more heinous, varied and extensive than those of the Japanese accused.” Put in another way, nearly all the defendants at Nuremberg, convicted of crimes against peace, were also found guilty of crimes against humanity. But half the Japanese defendants received life sentences for political crimes only.
  • the question of responsibility is always a tricky affair in Japan, where formal responsibility is easier to identify than actual guilt. Not only were there many men, such as the hero of Kinoshita’s play, who took the blame for what their superiors had done—a common practice in Japan, in criminal gangs as well as in politics or business corporations—but the men at the top were often not at all in control of their unscrupulous subordinates.
  • “These men were not the hoodlums who were the powerful part of the group which stood before the tribunal at Nuremberg, dregs of a criminal environment, thoroughly schooled in the ways of crime and knowing no other methods but those of crime. These men were supposed to be the elite of the nation, the honest and trusted leaders to whom the fate of the nation had been confidently entrusted
  • many people were wrongly accused of the wrong things for the wrong reasons. This is why there was such sympathy in Japan for the men branded by foreigners as war criminals, particularly the so-called Class B and Class C criminals, the men who followed orders, or gave them at a lower level: field commanders, camp guards, and so on.
  • “The Japanese people are of the opinion that the actual goal of the war crimes tribunals was never realized, since the judgments were reached by the victors alone and had the character of revenge. The [Japanese] war criminal is not conscious of having committed a crime, for he regards his deeds as acts of war, committed out of patriotism.”
  • Yamashita Tomoyuki. Terrible atrocities were committed under his command in the Philippines. The sacking of Manila in 1945 was about as brutal as the Nanking Massacre. So to depict him in the movie as a peaceful gentleman, while portraying the American prosecutor in Manila as one of the main villains, might seem an odd way to view the past.
  • The Shrine ranks highest. It is the supreme symbol of authority, shouldered (like a shrine on festival days) by the Officials.
  • The political theorist Maruyama Masao called the prewar Japanese government a “system of irresponsibilities.” He identified three types of political personalities: the portable Shrine, the Official, and the Outlaw.
  • those who carry it, the Officials, are the ones with actual power. But the Officials—bureaucrats, politicians, admirals and generals—are often manipulated by the lowest-ranking Outlaws, the military mavericks, the hotheaded officers in the field, the mad nationalists, and other agents of violence.
  • But it was not entirely wrong, for the trial was rigged. Yamashita had no doubt been a tough soldier, but in this case he had been so far removed from the troops who ran amok in Manila that he could hardly have known what was going on. Yet the American prosecutor openly talked about his desire to hang “Japs.”
  • When the system spins out of control, as it did during the 1930s, events are forced by violent Outlaws, reacted to by nervous Officials, and justified by the sacred status of the Shrines.
  • Here we come to the nub of the problem, which the Tokyo trial refused to deal with, the role of the Shrine in whose name every single war crime was committed, Emperor Hirohito,
  • The historian Ienaga Saburo tells a story about a Japanese schoolchild in the 1930s who was squeamish about having to dissect a live frog. The teacher rapped him hard on the head with his knuckles and said: “Why are you crying about one lousy frog? When you grow up you’ll have to kill a hundred, two hundred Chinks.”
  • the lethal consequences of the emperor-worshipping system of irresponsibilities did emerge during the Tokyo trial. The savagery of Japanese troops was legitimized, if not driven, by an ideology that did not include a Final Solution but was as racialist as Hitler’s National Socialism. The Japanese were the Asian Herrenvolk, descended from the gods.
  • A veteran of the war in China said in a television interview that he was able to kill Chinese without qualms only because he didn’t regard them as human.
  • For to keep the emperor in place (he could at least have been made to resign), Hirohito’s past had to be freed from any blemish; the symbol had to be, so to speak, cleansed from what had been done in its name.
  • The same was true of the Japanese imperial institution, no matter who sat on the throne, a ruthless war criminal or a gentle marine biologist.
  • the chaplain at Sugamo prison, questioned Japanese camp commandants about their reasons for mistreating POWs. This is how he summed up their answers: “They had a belief that any enemy of the emperor could not be right, so the more brutally they treated their prisoners, the more loyal to their emperor they were being.”
  • The Mitscherlichs described Hitler as “an object on which Germans depended, to which they transferred responsibility, and he was thus an internal object. As such, he represented and revived the ideas of omnipotence that we all cherish about ourselves from infancy.
  • The fear after 1945 was that without the emperor Japan would be impossible to govern. In fact, MacArthur behaved like a traditional Japanese strongman (and was admired for doing so by many Japanese), using the imperial symbol to enhance his own power. As a result, he hurt the chances of a working Japanese democracy and seriously distorted history.
  • Aristides George Lazarus, the defense counsel of one of the generals on trial, was asked to arrange that “the military defendants, and their witnesses, would go out of their way during their testimony to include the fact that Hirohito was only a benign presence when military actions or programs were discussed at meetings that, by protocol, he had to attend.” No doubt the other counsel were given similar instructions. Only once during the trial
Javier E

How Elon Musk spoiled the dream of 'Full Self-Driving' - The Washington Post - 0 views

  • They said Musk’s erratic leadership style also played a role, forcing them to work at a breakneck pace to develop the technology and to push it out to the public before it was ready. Some said they are worried that, even today, the software is not safe to be used on public roads. Most spoke on the condition of anonymity for fear of retribution.
  • “The system was only progressing very slowly internally” but “the public wanted a product in their hands,” said John Bernal, a former Tesla test operator who worked in its Autopilot department. He was fired in February 2022 when the company alleged improper use of the technology after he had posted videos of Full Self-Driving in action
  • “Elon keeps tweeting, ‘Oh we’re almost there, we’re almost there,’” Bernal said. But “internally, we’re nowhere close, so now we have to work harder and harder and harder.” The team has also bled members in recent months, including senior executives.
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  • “No one believed me that working for Elon was the way it was until they saw how he operated Twitter,” Bernal said, calling Twitter “just the tip of the iceberg on how he operates Tesla.”
  • In April 2019, at a showcase dubbed “Autonomy Investor Day,” Musk made perhaps his boldest prediction as Tesla’s chief executive. “By the middle of next year, we’ll have over a million Tesla cars on the road with full self-driving hardware,” Musk told a roomful of investors. The software updates automatically over the air, and Full Self-Driving would be so reliable, he said, the driver “could go to sleep.”
  • Investors were sold. The following year, Tesla’s stock price soared, making it the most valuable automaker and helping Musk become the world’s richest person
  • To deliver on his promise, Musk assembled a star team of engineers willing to work long hours and problem solve deep into the night. Musk would test the latest software on his own car, then he and other executives would compile “fix-it” requests for their engineers.
  • Those patchwork fixes gave the illusion of relentless progress but masked the lack of a coherent development strategy, former employees said. While competitors such as Alphabet-owned Waymo adopted strict testing protocols that limited where self-driving software could operate, Tesla eventually pushed Full Self-Driving out to 360,000 owners — who paid up to $15,000 to be eligible for the features — and let them activate it at their own discretion.
  • Tesla’s philosophy is simple: The more data (in this case driving) the artificial intelligence guiding the car is exposed to, the faster it learns. But that crude model also means there is a lighter safety net. Tesla has chosen to effectively allow the software to learn on its own, developing sensibilities akin to a brain via technology dubbed “neural nets” with fewer rules, the former employees said. While this has the potential to speed the process, it boils down to essentially a trial and error method of training.
  • Radar originally played a major role in the design of the Tesla vehicles and software, supplementing the cameras by offering a reality check of what was around, particularly if vision might be obscured. Tesla also used ultrasonic sensors, shorter-range devices that detect obstructions within inches of the car. (The company announced last year it was eliminating those as well.)
  • Musk, as the chief tester, also asked for frequent bug fixes to the software, requiring engineers to go in and adjust code. “Nobody comes up with a good idea while being chased by a tiger,” a former senior executive recalled an engineer on the project telling him
  • Toward the end of 2020, Autopilot employees turned on their computers to find in-house workplace monitoring software installed, former employees said. It monitored keystrokes and mouse clicks, and kept track of their image labeling. If the mouse did not move for a period of time, a timer started — and employees could be reprimanded, up to being fired, for periods of inactivity, the former employees said.
  • Some of the people who spoke with The Post said that approach has introduced risks. “I just knew that putting that software out in the streets would not be safe,” said a former Tesla Autopilot engineer who spoke on the condition of anonymity for fear of retaliation. “You can’t predict what the car’s going to do.”
  • Some of the people who spoke with The Post attributed Tesla’s sudden uptick in “phantom braking” reports — where the cars aggressively slow down from high speeds — to the lack of radar. The Post analyzed data from the National Highway Traffic Safety Administration to show incidences surged last year, prompting a federal regulatory investigation.
  • The data showed reports of “phantom braking” rose to 107 complaints over three months, compared to only 34 in the preceding 22 months. After The Post highlighted the problem in a news report, NHTSA received about 250 complaints of the issue in a two-week period. The agency opened an investigation after, it said, it received 354 complaints of the problem spanning a period of nine months.
  • “It’s not the sole reason they’re having [trouble] but it’s big a part of it,” said Missy Cummings, a former senior safety adviser for NHTSA, who has criticized the company’s approach and recused herself on matters related to Tesla. “The radar helped detect objects in the forward field. [For] computer vision which is rife with errors, it serves as a sensor fusion way to check if there is a problem.”
  • Even with radar, Teslas were less sophisticated than the lidar and radar-equipped cars of competitors.“One of the key advantages of lidar is that it will never fail to see a train or truck, even if it doesn’t know what it is,” said Brad Templeton, a longtime self-driving car developer and consultant who worked on Google’s self-driving car. “It knows there is an object in front and the vehicle can stop without knowing more than that.”
  • Musk’s resistance to suggestions led to a culture of deference, former employees said. Tesla fired employees who pushed back on his approach. The company was also pushing out so many updates to its software that in late 2021, NHTSA publicly admonished Tesla for issuing fixes without a formal recall notice.
  • Tesla engineers have been burning out, quitting and looking for opportunities elsewhere. Andrej Karpathy, Tesla’s director of artificial intelligence, took a months-long sabbatical last year before leaving Tesla and taking a position this year at OpenAI, the company behind language-modeling software ChatGPT.
  • One of the former employees said that he left for Waymo. “They weren’t really wondering if their car’s going to run the stop sign,” the engineer said. “They’re just focusing on making the whole thing achievable in the long term, as opposed to hurrying it up.”
katherineharron

Fact check: No, impeachment itself would not ban Trump from a 2024 run - CNNPolitics - 0 views

  • A viral tweet claims that impeaching President Donald Trump for a second time would mean he would lose the ability to run for president in 2024. That's not true. Nor are other claims in the tweet.
  • The tweet was posted on Friday, two days after a Capitol insurrection by a mob of Trump supporters sparked a new impeachment push from House Democrats.
  • It says the following: "For those wondering if it's worth impeaching him this time, it means he: 1) loses his 200k+ pension for the rest of his life2) loses his 1 million dollar/year travel allowanceRead More3) loses lifetime full secret service detail
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  • 4) loses his ability to run in 2024"
  • he tweet is inaccurate in multiple ways. 1) Trump would lose his post-presidency pension only if both the House voted to impeach him and then the Senate voted to remove him from office; impeachment itself, without removal, would not result in Trump being denied any benefits.2) The law makes clear that presidents who have lifetime Secret Service protection never get a $1 million travel allowance. 3) It is unclear that Trump would lose lifetime Secret Service protection even if the Senate voted to remove him and prohibit him from running.4) Even a Senate vote to remove Trump would not prohibit him from running in 2024; for the Senate to ban him from the presidency, it would have to hold an additional vote on this question.
  • Trump would not lose his pension if the House impeached him for his role in inciting the insurrection -- just as he didn't lose his pension when the House impeached him in 2019 over his effort to use the US' relationship with Ukraine for his own political ends
  • Lots of average citizens use the word "impeachment" to refer to impeachment and removal, so we're not bashing Costiloe for this common error, but the statement is incorrect.
  • Neither a second House impeachment nor even a Senate vote to convict Trump and remove him from office would prevent him from running again, in 2024 or beyond.
  • Presidents who have not been impeached and removed are entitled to a lifetime pension equivalent to the annual salary of a head of an executive department. For Trump, like predecessor President Barack Obama, that would indeed amount to more than $200,000 per year.
  • Rather, after two-thirds of senators present voted to remove Trump, a simple majority of senators present would have to approve an additional vote to bar him from the presidency in the future.
  • There is at least some uncertainty about the disqualification issue, since no president has ever been removed from office by the Senate and only judges have been disqualified from future office.
  • One law, the Former Presidents Act we mentioned earlier, specifically says that a president who gets booted by the Senate does not count as a "former president" for the purpose of certain post-presidency perks. However, another law signed by Obama in 2013, the Former Presidents Protection Act, simply authorizes lifetime Secret Service protection for former presidents -- without defining "former president" in any particular way.
  • It is not clear which definition the federal government or the courts would use when it came to deciding whether an impeached and removed Trump should get lifetime Secret Service protection
  • Trump was not certain to get a $1 million travel allowance in the first place. In fact, the travel allowance -- technically, a security and travel allowance -- is only for former presidents who are not getting lifetime Secret Service protection.
  • In other words: under normal circumstances -- if Trump finished out his term as scheduled and then accepted the lifetime Secret Service protection he would indisputably be entitled to in that case -- there would be no $1 million security and travel allowance for him.
Javier E

Grounding the Boeing 737 Max was a no-brainer. Trump's corporatocracy stood in the way.... - 0 views

  • Trump’s late uncle didn’t tell him to protect Boeing. That was Boeing’s chief executive, a frequent visitor to Trump properties, phoning Trump with a plea not to ground both the 737 Max 8 and Max 9.
  • That corporations make safety decisions for Trump (himself a failed airline owner) isn’t surprising. The acting head of the Federal Aviation Administration is formerly of American Airlines and of the Aerospace Industries Association, of which Boeing is a prominent member. Trump is expected to nominate a former Delta Air Lines executive for the top FAA job. His acting defense secretary is a former Boeing executive.
  • In Trump’s broader corporatocracy, a former oil-industry lobbyist acts as interior secretary, a former pharmaceutical executive is health and human services secretary, and a former coal lobbyist runs the Environmental Protection Agency. Fully 350 former lobbyists work, have worked or have been tapped to work in the administration
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  • The 24 at the Transportation Department lag behind only the 31 at HHS and 47 in the executive office of the president.
  • The swamp has overflowed, with lobbyists employed by Trump quintupling over two years. Boeing, American Airlines and 31 other corporate entities landed at least five former lobbyists apiece. Public Citizen reported that, five months into the administration, nearly 70 percent of top nominees had corporate ties.
  • In addition, the billions of dollars that corporate executives invest in lobbying and campaign contributions have generated healthy returns: a corporate tax cut, an assault on regulations and unrelenting efforts to shrink enforcement. The president, who previously attempted to privatize 30,000 FAA jobs, again proposed slashing the FAA in his budget this week.
  • Corporate victories keep coming. The Los Angeles Times just obtained emails showing that EPA officials moved to block NASA from monitoring pollution levels. Politico recently obtained data that showed that the Interior Department gave oil drillers nearly 1,700 waivers of safety rules implemented after BP’s Deepwater Horizon disaster in the Gulf of Mexico in 2010.
  • The Union of Concerned Scientists has documented more than 70 “attacks on science,” many benefiting corporations: censoring scientific language, suppressing studies, weakening advisory panels and such. The group suspects “inappropriate corporate influence” in rolling back fuel efficiency, chemical and methane standards, repealing the Clean Power Plan, suppressing known health risks, expanding oil and gas leasing and bailing out the coal industry, among others.
malonema1

Former military officials challenge Haspel nomination to lead CIA - CNNPolitics - 0 views

  • Scores of former military officials signed on to an open letter published by an activist group Monday challenging President Donald Trump's nomination of Gina Haspel to lead the CIA -- and called for the declassification of her agency records
  • Signatories to the letter include former Chairman of the Joint Chiefs of Staff Hugh H. Shelton, retired Marine Corps Gen. John R. "Jack" Dailey and retired Air Force Gen. Walter Kross.The letter from 109 former military officials pushes back on praise Haspel received from former intelligence leaders, and disputes the notion that she was "just following orders."
  • he CIA declassified a memo last week absolving Haspel of responsibility for destroying tapes showing torture, but key Democrats said the agency should go much further to square their concerns.Raha Wala, national security advocacy director at Human Rights First, told CNN on Monday that retired Gen. Charles Krulak, former commandant of the Marine Corps, led the effort around the letter.
Javier E

Warnings Ignored: A Timeline of Trump's COVID-19 Response - The Bulwark - 0 views

  • the White House is trying to establish an alternate reality in which Trump was a competent, focused leader who saved American people from the coronavirus.
  • it highlights just how asleep Trump was at the switch, despite warnings from experts within his own government and from former Trump administration officials pleading with him from the outside.
  • Most prominent among them were former Homeland Security advisor Tom Bossert, Commissioner of the Food and Drug Administration Scott Gottlieb, and Director for Medical and Biodefense Preparedness at the National Security Council Dr. Luciana Borio who beginning in early January used op-eds, television appearances, social media posts, and private entreaties to try to spur the administration into action.
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  • what the administration should have been doing in January to prepare us for today.
  • She cites the delay on tests, without which “cases go undetected and people continue to circulate” as a leading issue along with other missed federal government responses—many of which are still not fully operational
  • The prescient recommendations from experts across disciplines in the period before COVID-19 reached American shores—about testing, equipment, and distancing—make clear that more than any single factor, it was Trump’s squandering of out lead-time which should have been used to prepare for the pandemic that has exacerbated this crisis.
  • What follows is an annotated timeline revealing the warning signs the administration received and showing how slow the administration was to act on these recommendations.
  • The Early Years: Warnings Ignored
  • 2017: Trump administrations officials are briefed on an intelligence document titled “Playbook for Early Response to High-Consequence Emerging Infectious Disease Threats and Biological Incidents.” That’s right. The administration literally had an actual playbook for what to do in the early stages of a pandemic
  • February 2018: The Washington Post writes “CDC to cut by 80 percent efforts to prevent global disease outbreak.” The meat of the story is “Countries where the CDC is planning to scale back include some of the world’s hot spots for emerging infectious disease, such as China, Pakistan, Haiti, Rwanda and Congo.”
  • May 2018: At an event marking the 100 year anniversary of the 1918 pandemic, Borio says “pandemic flu” is the “number 1 health security issue” and that the U.S. is not ready to respond.
  • One day later her boss, Rear Adm. Timothy Ziemer is pushed out of the administration and the global health security team is disbanded
  • Beth Cameron, former senior director for global health security on the National Security Council adds: “It is unclear in his absence who at the White House would be in charge of a pandemic,” Cameron said, calling it “a situation that should be immediately rectified.” Note: It was not
  • January 2019: The director of National Intelligence issues the U.S. Intelligence Community’s assessment of threats to national security. Among its findings:
  • A novel strain of a virulent microbe that is easily transmissible between humans continues to be a major threat, with pathogens such as H5N1 and H7N9 influenza and Middle East Respiratory Syndrome Coronavirus having pandemic potential if they were to acquire efficient human-to-human transmissibility.”
  • Page 21: “We assess that the United States and the world will remain vulnerable to the next flu pandemic or large scale outbreak of a contagious disease that could lead to massive rates of death and disability, severely affect the world economy, strain international resources, and increase calls on the United States for support.”
  • September, 2019: The Trump Administration ended the pandemic early warning program, PREDICT, which trained scientists in China and other countries to identify viruses that had the potential to turn into pandemics. According to the Los Angeles Times, “field work ceased when funding ran out in September,” two months before COVID-19 emerged in Wuhan Province, China.
  • 2020: COVID-19 Arrives
  • anuary 3, 2020: The CDC is first alerted to a public health event in Wuhan, China
  • January 6, 2020: The CDC issues a travel notice for Wuhan due to the spreading coronavirus
  • Note: The Trump campaign claims that this marks the beginning of the federal government disease control experts becoming aware of the virus. It was 10 weeks from this point until the week of March 16 when Trump began to change his tone on the threat.
  • January 10, 2020: Former Trump Homeland Security Advisor Tom Bossert warns that we shouldn’t “jerk around with ego politics” because “we face a global health threat…Coordinate!”
  • January 18, 2020: After two weeks of attempts, HHS Secretary Alex Azar finally gets the chance to speak to Trump about the virus. The president redirects the conversation to vaping, according to the Washington Post. 
  • January 21, 2020: Dr. Nancy Messonnier, the director of the National Center for Immunization and Respiratory Disease at the CDC tells reporters, “We do expect additional cases in the United States.”
  • January 27, 2020: Top White House aides meet with Chief of Staff Mick Mulvaney to encourage greater focus on the threat from the virus. Joe Grogan, head of the White House Domestic Policy Council warns that “dealing with the virus was likely to dominate life in the United States for many months.”
  • January 28, 2020: Two former Trump administration officials—Gottlieb and Borio—publish an op-ed in the Wall Street Journal imploring the president to “Act Now to Prevent an American Epidemic.” They advocate a 4-point plan to address the coming crisis:
  • (1) Expand testing to identify and isolate cases. Note: This did not happen for many weeks. The first time more than 2,000 tests were deployed in a single day was not until almost six weeks later, on March 11.
  • (3) Prepare hospital units for isolation with more gowns and masks. Note: There was no dramatic ramp-up in the production of critical supplies undertaken. As a result, many hospitals quickly experienced shortages of critical PPE materials. Federal agencies waited until Mid-March to begin bulk orders of N95 masks.
  • January 29, 2020: Trump trade advisor Peter Navarro circulates an internal memo warning that America is “defenseless” in the face of an outbreak which “elevates the risk of the coronavirus evolving into a full-blown pandemic, imperiling the lives of millions of Americans.”
  • January 30, 2020: Dr. James Hamblin publishes another warning about critical PPE materials in the Atlantic, titled “We Don’t Have Enough Masks.”
  • January 29, 2020: Republican Senator Tom Cotton reaches out to President Trump in private to encourage him to take the virus seriously.
  • Late January, 2020:  HHS sends a letter asking to use its transfer authority to shift $136 million of department funds into pools that could be tapped for combating the coronavirus. White House budget hawks argued that appropriating too much money at once when there were only a few U.S. cases would be viewed as alarmist.
  • Trump’s Chinese travel ban only banned “foreign nationals who had been in China in the last 14 days.” This wording did not—at all—stop people from arriving in America from China. In fact, for much of the crisis, flights from China landed in America almost daily filled with people who had been in China, but did not fit the category as Trump’s “travel ban” defined it.
  • January 31, 2020: On the same day Trump was enacting his fake travel ban, Foreign Policy reports that face masks and latex gloves are sold out on Amazon and at leading stores in New York City and suggests the surge in masks being sold to other countries needs “refereeing” in the face of the coming crisis.
  • February 4, 2020: Gottlieb and Borio take to the WSJ again, this time to warn the president that “a pandemic seems inevitable” and call on the administration to dramatically expand testing, expand the number of labs for reviewing tests, and change the rules to allow for tests of people even if they don’t have a clear known risk factor.
  • Note: Some of these recommendations were eventually implemented—25 days later.
  • February 5, 2020: HHS Secretary Alex Azar requests $2 billion to “buy respirator masks and other supplies for a depleted federal stockpile of emergency medical equipment.” He is rebuffed by Trump and the White House OMB who eventually send Congress a $500 million request weeks later.
  • February 4 or 5, 2020: Robert Kadlec, the assistant secretary for preparedness and response, and other intelligence officials brief the Senate Intelligence Committee that the virus poses a “serious” threat and that “Americans would need to take actions that could disrupt their daily lives.”
  • February 5, 2020: Senator Chris Murphy tweets: Just left the Administration briefing on Coronavirus. Bottom line: they aren't taking this seriously enough. Notably, no request for ANY emergency funding, which is a big mistake. Local health systems need supplies, training, screening staff etc. And they need it now.
  • February 9, 2020: The Washington Post reports that a group of governors participated in a jarring meeting with Dr. Anthony Fauci and Dr. Robert Redfield that was much more alarmist than what they were hearing from Trump. “The doctors and the scientists, they were telling us then exactly what they are saying now,” Maryland Gov. Larry Hogan (R) said.
  • the administration lifted CDC restrictions on tests. This is a factually true statement. But it elides that fact that they did so on March 3—two critical weeks after the third Borio/Gottlieb op-ed on the topic, during which time the window for intervention had shrunk to a pinhole.
  • February 20, 2020: Borio and Gottlieb write in the Wall Street Journal that tests must be ramped up immediately “while we can intervene to stop spread.”
  • February 23, 2020: Harvard School of Public Health professor issues warning on lack of test capability: “As of today, the US remains extremely limited in#COVID19 testing. Only 3 of ~100 public health labs haveCDC test kits working and CDC is not sharing what went wrong with the kits. How to know if COVID19 is spreading here if we are not looking for it.
  • February 24, 2020: The Trump administration sends a letter to Congress requesting a small dollar amount—between $1.8 billion and $2.5 billion—to help combat the spread of the coronavirus. This is, of course, a pittance
  • February 25, 2020: Messonier says she expects “community spread” of the virus in the United States and that “disruption to everyday life might be severe.” Trump is reportedly furious and Messonier’s warnings are curtailed in the ensuing weeks.
  • Trump mocks Congress in a White House briefing, saying “If Congress wants to give us the money so easy—it wasn’t very easy for the wall, but we got that one done. If they want to give us the money, we’ll take the money.”
  • February 26, 2020: Congress, recognizing the coming threat, offers to give the administration $6 billion more than Trump asked for in order to prepare for the virus.
  • February 27, 2020: In a leaked audio recording Sen. Richard Burr, chairman of the Intelligence Committee and author of the Pandemic and All-Hazards Preparedness Act (PAHPA) and the Pandemic and All-Hazards Preparedness and Advancing Innovation Act (reauthorization of PAHPA), was telling people that COVID-19 “is probably more akin to the 1918 pandemic.”
  • March 4, 2020: HHS says they only have 1 percent of respirator masks needed if the virus became a “full-blown pandemic.”
  • March 3, 2020: Vice President Pence is asked about legislation encouraging companies to produce more masks. He says the Trump administration is “looking at it.”
  • March 7, 2020: Fox News host Tucker Carlson, flies to Mar-a-Lago to implore Trump to take the virus seriously in private rather than embarrass him on TV. Even after the private meeting, Trump continued to downplay the crisis
  • March 9, 2020: Tom Bossert, Trump’s former Homeland Security adviser, publishes an op-ed saying it is “now or never” to act. He advocates for social distancing and school closures to slow the spread of the contagion.
  • Trump says that developments are “good for the consumer” and compares COVID-19 favorably to the common flu.
  • March 17, 2020: Facing continued shortages of the PPE equipment needed to prevent healthcare providers from succumbing to the virus, Oregon Senators Jeff Merkeley and Ron Wyden call on Trump to use the Defense Production Act to expand supply of medical equipment
  • March 18, 2020: Trump signs the executive order to activate the Defense Production Act, but declines to use it
  • At the White House briefing he is asked about Senator Chuck Schumer’s call to urgently produce medical supplies and ventilators. Trump responds: “Well we’re going to know whether or not it’s urgent.” Note: At this point 118 Americans had died from COVID-19.
  • March 20, 2020: At an April 2nd White House Press Conference, President Trump’s son-in-law Jared Kushner who was made ad hoc point man for the coronavirus response said that on this date he began working with Rear Admiral John Polowczyk to “build a team” that would handle the logistics and supply chain for providing medical supplies to the states. This suggestion was first made by former Trump Administration officials January 28th
  • March 22, 2020: Six days after calling for a 15-day period of distancing, Trump tweets that this approach “may be worse than the problem itself.”
  • March 24, 2020: Trump tells Fox News that he wants the country opened up by Easter Sunday (April 12)
  • As Trump was speaking to Fox, there were 52,145 confirmed cases in the United States and the doubling time for daily new cases was roughly four days.
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.
blythewallick

New Energy Secretary Fits Trend: Cabinet Dominated by Lobbyists - The New York Times - 0 views

  • Mr. Trump, who campaigned for president on the oft-repeated pledge to “drain the swamp,” initially favored charismatic former politicians with a flair for the dramatic, like Mr. Perry; or former Interior Secretary Ryan Zinke, a former member of the Navy SEALs who arrived to work on horseback; his first Environmental Protection Agency administrator, Scott Pruitt, a bellicose Oklahoma attorney general; or his first defense secretary, Jim Mattis, a former Marine Corps general whom Mr. Trump introduced as “Mad Dog.”
  • A ProPublica and Columbia Journalism Investigations analysis this week found Mr. Trump brought in 281 former lobbyists since the start of the administration. His cabinet now includes a former coal lobbyist running the Environmental Protection Agency, a former oil and gas lobbyist in charge of the Department of Interior, a top lobbyist for the defense contractor Raytheon leading the Defense Department — and, if he is confirmed, an automobile lobbyist at the Energy Department.
  • That might seem like business as usual for Americans who accepted candidate Trump’s description of Washington as rife with influence peddlers and profiteers. But it might actually be worse than usual. Because of the extraordinarily high rate of turnover that is a hallmark of the Trump administration, the White House’s human resources professionals have had little time to come up with outside-the-Beltway replacements for the constant stream of openings, Mr. LaPira said.
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  • Elevating officials working as deputies or in the agency’s trenches is nothing new. But Mr. Trump’s penchant for simply promoting No. 2 officials to cabinet posts appears to be more a matter of expediency than a reward for hard work. Deputy secretaries have already been through grueling Senate confirmations, thus mostly eliminating the element of surprise in an administration not known for employing a stringent vetting process.
  • “The desirability of working for this president and working in these high profile jobs gets riskier and riskier over time, so I suspect the pool of applicants has also declined,” said Kathryn Dunn Tenpas, a nonresident senior fellow at the Brookings Institution. Elevating a No. 2, she added, is “the path of least resistance.”
  • Charles Untermeyer, who served as director of presidential personnel under the first President George Bush, said the average tenure of a presidential appointment was about two years, so the departure of Mr. Perry at this point in the administration is not unusual. And, he said, the promotion of seconds-in-command who have knowledge and experience is commendable.
carolinehayter

13 Races Will Determine Senate Control : NPR - 0 views

  • Republicans hold the Senate 53-47. (There are two independents — Angus King of Maine and Bernie Sanders of Vermont — but they caucus with Democrats and therefore should be counted that way in the math for Senate control.)
  • To flip the Senate, Democrats would need to net-gain four seats outright or three seats and control of the White House
  • Republicans can lose up to three seats and hold the majority, as long as President Trump wins reelection.
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  • Democrats are forecast to gain two to six seats. Control of the Senate remains a jump ball days out from Election Day. These are the races that will decide it:
  • Sen. Doug Jones is the only Democratic incumbent in a tough race this year. He is expected to lose to former Auburn University football coach Tommy Tuberville, the Republican challenger. Trump remains wildly popular in Alabama, and it would be very difficult for Jones to overcome that advantage in a nationalized political climate.
  • GOP Sen. Martha McSally is running against Democrat Mark Kelly, the popular and well-known former astronaut turned gun control advocate after the 2011 Tucson shooting of his wife, then-Rep. Gabby Giffords, D-Ariz. Kelly has led in all but one public poll in 2020.
  • Republican Sen. Cory Gardner is running against former Gov. John Hickenlooper, a former 2020 Democratic presidential candidate. Hickenlooper initially indicated he was not interested in a Senate run but jumped in after his presidential campaign faded. He has run a lackluster campaign, but the overall Democratic pull of the state is probably enough to carry Hickenlooper to victory.
  • First-term GOP Sen. Joni Ernst is running against real estate developer Theresa Greenfield. This race has gotten increasingly competitive in the closing months of the campaign. Ernst had been the early favorite for reelection, but the race has become a toss-up in the close.
  • Republican Sen. Susan Collins is running against Democrat Sara Gideon, the state's House speaker. Few others have seen their political stock fall as fast as Collins has. Once one of the most popular senators in the U.S., she now ranks at the bottom.
  • Republican Sen. Steve Daines is running against term-limited Democratic Gov. Steve Bullock, arguably the only Democrat who could make Montana competitive for the party.
  • Appointed GOP Sen. Kelly Loeffler is running to serve out the term of former Republican Sen. Johnny Isakson, who retired early for health reasons.
  • Republican Sen. Thom Tillis is running against attorney Cal Cunningham, a former state senator. This is widely viewed as the tipping-point race — whoever wins here will likely represent the party in control of the Senate.
  • GOP Sen. Dan Sullivan is running against orthopedic surgeon Al Gross, who is technically an independent but will appear on the ballot as a Democrat. Trump won Alaska by 16 points in 2016, and Sullivan should be able to pull out a win. But Gross has run a surprisingly strong campaign aided by waves of grassroots Democratic fundraising, including after the death of Justice Ruth Bader Ginsburg.
  • Republican Sen. David Perdue is running against Democrat Jon Ossoff, best known for running and losing a high-profile 2017 special election for a U.S. House seat. Perdue has been a Trump loyalist in a state that is increasingly more purple than red. Republicans are bullish that Perdue can win reelection, but the risk of a Jan. 5 runoff is real unless a candidate wins at least 50%. A third-party candidate, Libertarian Shane Hazel, is complicating that path.
  • Montana is a red state that wants to stay that way, and that helps Daines. A Bullock victory would be a telling sign of a broader Democratic wave.
  • Loeffler has to fend off both a Republican challenge from Rep. Doug Collins and the top expected Democratic vote-getter, Raphael Warnock.
  • If control of the Senate comes down to Georgia, it might not be known until January 2021.
  • This is an open-seat race because Republican Sen. Pat Roberts is retiring. Republican Rep. Roger Marshall is running against doctor and state Sen. Barbara Bollier. Marshall is the GOP establishment's pick and is favored to win. Bollier is a Republican turned Democrat who has focused on her medical background during the pandemic.
  • Republican Sen. Lindsey Graham is running against former Democratic congressional aide Jaime Harrison. Trump won South Carolina by 14 points in 2016, and Graham has transformed from Trump critic to Trump champion since then. Harrison has been able to turn a long-shot bid into a well-funded campaign that is polling competitively. The conservative roots of the state keep Graham as favored to win. A loss could be an indication of a massive Democratic-wave election.
  • Republican Sen. John Cornyn is favored against Democratic challenger MJ Hegar and has consistently led in public polling. A Democratic victory here would be a major upset and would likely be contingent on a surprise Joe Biden win in the state. Texas is also seeing a surge in voter turnout across the state, fueling Democratic hopes that the polls are wrong and 2020 is the year Texas goes blue.
katherineharron

Biden-Harris administration: Here's who could serve in top roles - CNNPolitics - 0 views

  • President-elect Joe Biden is set to announce who will serve in top roles in his administration in the coming days and weeks.
  • Ron Klain, one of his most trusted campaign advisers, will serve as his incoming chief of staff. And Jen O'Malley Dillon, Biden's campaign manager, and Rep. Cedric Richmond of Louisiana, a co-chair of Biden's transition team and presidential campaign, will serve in top roles in the White House.
  • Each of Biden's Cabinet nominees will need to be confirmed by the US Senate, which is currently controlled by Republicans. Two runoff elections in Georgia on January 5 could determine which party controls the chamber and impact the Cabinet confirmation process.
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  • The Cabinet includes the vice president and the heads of 15 executive departments
  • Klain served as Biden's chief of staff in the Obama White House and was also a senior aide to the President.
  • Klain has been a top debate preparation adviser to Biden, Obama, Bill Clinton, Gore, John Kerry and Hillary Clinton.
  • O'Malley Dillon will join Biden's incoming administration as a deputy White House chief of staff. O'Malley Dillon was Biden's presidential campaign manager and has served numerous other political campaigns -- including former Rep. Beto O'Rourke's failed 2020 presidential primary campaign and both of Barack Obama's presidential campaigns.
  • Richmond is expected to leave Congress to join Biden's White House staff in a senior role.
  • Rice served in the Obama administration as UN ambassador and national security adviser.
  • During the Clinton administration, Blinken served as a member of the National Security Council staff at the White House, and held roles as the special assistant to the president, senior director for European affairs, and senior director for speechwriting and then strategic planning. He was Clinton's chief foreign policy speechwriter
  • Rice at one point was thought to be the clear choice to succeed Hillary Clinton as secretary of state, but in 2012 withdrew her name from consideration to avoid a bitter Senate confirmation battle.
  • Blinken served in the Obama administration as the deputy secretary of state, assistant to the president and principal deputy national security adviser.
  • A longtime Biden ally, Coons was one of the first members of Congress to endorse the former vice president when he declared his 2020 presidential candidacy.
  • Yates was fired by Trump from her role as acting attorney general.
  • Throughout his Senate career, Coons has been known for working across the aisle and forging strong relationships with high-profile Republicans who shared common interests.
  • Brainard currently serves as a member of the Board of Governors of the Federal Reserve System
  • Brainard was the US representative to the G-20 Finance Deputies and G-7 Deputies and was a member of the Financial Stability Board. During the Clinton administration, Brainard served as the deputy national economic adviser and deputy assistant to the President.
  • Raskin was the deputy secretary of the US Department of the Treasury during the Obama administration. She was previously a governor of the Federal Reserve Board.
  • Outside of Sen. Elizabeth Warren, Raskin, a former deputy secretary at the department, would be the top choice for most progressives.
  • If chosen and confirmed, Flournoy would be the first female secretary of defense.
  • During the mid-1990's, she served as principal deputy assistant secretary of defense for strategy and threat reduction, as well as deputy assistant secretary of defense for strategy
  • Mayorkas was deputy secretary of Homeland Security during the Obama administration, and served as the director of the Department of Homeland Security's United States Citizenship and Immigration Services
  • Monaco played a critical role in Biden's vice presidential selection committee, and served as Homeland Security and counterterrorism advisor to Obama.
  • Jones is the junior United States Senator from Alabama. He lost his reelection bid earlier this month to Republican Tommy Tuberville.
  • Jones was also involved in the prosecution of Eric Rudolph, whose 1998 attack on a Birmingham abortion clinic killed an off-duty police officer.
  • Rice was one of a handful of women on Biden's shortlist for a running mate.
  • Yates had been appointed by Obama and was set to serve until Trump's nominee for attorney general was confirmed.
  • Haaland is a congresswoman from New Mexico, and is one of the first Native American women to serve in Congress. Biden has said he wants an administration that looks like the country. Haaland, the vice chair of the House Natural Resources Committee, would be the first Native American Cabinet secretary if she were to get an offer and accept it.
  • Yang is an entrepreneur and former 2020 Democratic presidential candidate. He rose from obscurity to become a highly-visible candidate, and his supporters are sometimes referred to as the "Yang Gang." His presidential campaign was centered around the idea of universal basic income, and providing every US citizen with $1,000 a month, or $12,000 a year.
  • Nelson is the international president of the Association of Flight Attendants-CWA. She cemented her image as a rising star of the labor movement during a prolonged government shutdown that stretched from December 2018 to January 2019.
  • Sanders is reaching out to potential supporters in labor to ask for their support as he mounts a campaign for the job. But he is viewed as a long shot and so far has received mix reactions from labor leaders.
  • Walsh is AFL-CIO President Richard Trumka's pick for the job, a big endorsement in what could soon turn into a contentious debate between moderate Democrats and progressives, who will favor Sen. Bernie Sanders or Michigan Rep. Andy Levin
  • Levin is a popular progressive who is also growing his base of support with labor leaders, including at the Communications Workers of America.
  • But he also has credibility with climate activists for having helped create Michigan's Green Jobs Initiative.
  • Murthy, a doctor of internal medicine, is the co-chair of Biden's coronavirus advisory board
  • Bottoms is the mayor of Atlanta and is a rising star of the Democratic Party. Bottoms stepped into the national spotlight when she denounced vandalism in her city as "chaos" after demonstrations over the death of George Floyd, a Black man who was killed by police in Minneapolis. Bottoms is a former judge and city council member.
  • Weingarten is the president of the American Federation of Teachers, AFL-CIO and has long pushed for education reform
  • Inslee is the governor of Washington state, and previously served in the US House of Representatives.
  • Buttigieg is the former mayor of South Bend, Indiana, and a former 2020 Democratic presidential candidate. Buttigieg's presidential bid was historic -- he was the first out gay man to launch a competitive campaign for president, and he broke barriers by becoming the first gay candidate to earn primary delegates for a major party's presidential nomination.
criscimagnael

Anwar Raslan Syria War Crimes Trial Verdict: Live Updates - The New York Times - 0 views

  • The former officer, Anwar Raslan, was accused of overseeing a detention center where prosecutors said at least 4,000 people were tortured and nearly 60 were killed.
  • He fled Syria in 2012 after the government committed a massacre in his hometown, killing more than 100 people. He joined Syria’s exiled opposition and traveled with them to peace talks in Geneva in 2014.
  • Through nearly 11 years of civil war, the Syrian government bombed residential neighborhoods, used poison gas and tortured countless detainees in state lockups
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  • Mr. Raslan’s guilty verdict, they say, bolsters the ability of European courts to pursue similar cases while sending a message to war criminals around the world that they could one day face consequences.
  • This sends a clear message to the world that certain crimes will not go unpunished.
  • After more than a decade of war, Mr. al-Assad remains in power, and there appears little chance that he or his senior advisers or military commanders will stand trial soon.
  • Other potential avenues for justice have also been blocked. Syria is not party to the International Criminal Court in The Hague, and Russia and China have used their vetoes on the United Nations Security Council to prevent Syria from being referred to the court.
  • Germany is among a few European countries that have sought to try former Syrian officials for war crimes based on universal jurisdiction,
  • German prosecutors argued that his position gave him oversight of torture that included beating, kicking, electric shocks and sexual assault. Witnesses in the trial said they were fed inedible food, denied medical care and kept in overcrowded cells.
  • He entered Germany on a visa in 2014 and lived there legally until the German authorities arrested him in 2019.
  • But his past caught up with him in Germany, where he was tried for crimes against humanity.
  • When the Syrian conflict broke out in 2011 with protests seeking to topple President Bashar al-Assad, Mr. Raslan was the head of interrogation at a security office in the capital, Damascus.
  • Beatings were common, the food was inedible, the cells were so crowded that some prisoners had to stand so others could lie down. German prosecutors said at least 4,000 people were tortured and nearly 60 killed under his authority there.
  • The verdict marks a watershed moment for an international network of lawyers, human rights activists and Syrian war survivors who have struggled for years to bring officials who sanctioned or participated in the violence to justice.
  • He was arrested in 2019, and his trial began the next year. On Thursday, Mr. Raslan was found guilty of crimes against humanity and was sentenced to life in prison.
  • When Mahran Aoiun heard that a former Syrian intelligence officer had been sentenced on Thursday to life in prison for overseeing torture at a detention center, it brought back the joy he felt years ago when he was released from a brutal Syrian jail.
  • The verdict handed down by a court in Koblenz, Germany, against the former officer, Ansar Raslan, stirred complicated feelings among Syrians who were abused in Syrian prisons — some at the hands of Mr. Raslan himself.
  • Others hoped that Mr. Raslan’s conviction would draw attention to the many more crimes committed during the Syrian war that have not been prosecuted, and to the officials who committed them who are still free.
  • “Those who are torturing prisoners will think twice after the trial,” he said. “This is an achievement.”
  • New York Times photographers have covered Syria’s civil war and the humanitarian crisis it has unleashed since the uprising against President Bashar al-Assad began nearly 11 years ago.
  • A Syrian doctor accused of torturing a detainee in a secret military prison will soon go on trial in Germany on charges of crimes against humanity and causing grievous bodily harm. The doctor, Alaa Mousa, was living in Germany as a refugee when he was arrested in 2020.
  • German prosecutors built their case with the help of hundreds of Syrian witnesses in Germany and beyond. They indicted Mr. Raslan using “universal jurisdiction,” a legal principle stipulating that in the case of crimes against humanity and genocide, normal territorial restraints on prosecutions do not apply.
  • The principle is not new. Israel used it during the 1960s trial of the former Nazi official Adolf Eichmann, as did Spain in 1998 when demanding that Britain arrest Gen. Augusto Pinochet, the former Chilean dictator. Previous universal jurisdiction cases in Germany have dealt with crimes committed in Rwanda and the Democratic Republic of Congo, and, more recently, with the genocide of Yazidis in Iraq by former members of the Islamic State.
  • Germany has the legal basis to prosecute such crimes under the German Code of Crimes Against International Law, which came into effect in 2002, and it has been using it.
  • “For Germany, it’s also historically the continuation of what we learned from the Nazi period and what we learned about the importance of the Nuremberg trials and the Auschwitz trials for the way we dealt with our past and ultimately for who we are today,”
  • The Nuremberg trials went after the leading members of the Nazi regime, but also a range of individuals who played a role in Nazi repression, including doctors, business leaders, bureaucrats and propagandists, said Wolfgang Kaleck, a founder of the European Center for Constitutional and Human Rights, which is representing victims in Mr. Raslan’s trial.
  • Raslan is the first ranking Syrian official to be convicted of war crimes, but he may not be the last.
  • But several other cases have already been tried or are pending.
  • Owing partly to its own history in World War II, Germany has become something of a go-to venue for prosecuting crimes against humanity, even if committed outside its own borders. It is also home to hundreds of thousands of Syrian refugees, putting it at the center of efforts to hold the government of President Bashar al-Assad of Syria accountable for war crimes.
  • Human rights lawyers concede that so far, the trials have targeted low- and middle-ranking Syrian officials or soldiers.
  • “If you don’t start now, then in 10 years, you cannot get Assad or his chief of intelligence because you have no evidence,” Mr. Kaleck said. “These cases are a way of building a stock of documents, witness statements, of understanding interconnections and gathering knowledge on which you can build future cases.”
  • Since the Syrian uprising in 2011, Syrian victims, human rights activists and others have filed more than 20 legal complaints against Syrian regime officials for war crimes and other violations of international law, according to Mr. Kaleck’s center.
  • This body of evidence, which has been growing for over a decade, could be used in different cases.“More has to come, that is clear,” Mr. Kaleck said. “But this is an important step.”
  • But the decade-long conflict has left the country shattered, killing hundreds of thousands of people, forcing half of the population from their homes and reducing major cities to rubble. Most of those who remain have been left to live in poverty.
  • The rebellion that began in 2011 as an uprising against Syria’s autocratic president, Bashar al-Assad, escalated into a civil war, but the splinted rebel movement failed to topple the government.
  • But the war was gruesome. The government employed poison gas, barrel bombs and suffocating sieges on rebellious communities, and waged a ruthless assault on civilian opponents, throwing hundreds of thousands into filthy prisons where many were tortured and killed.
  • Some Arab countries have begun restoring ties with the government in an effort to move past the war, although strict sanctions by the United States and other Western countries have blocked most investment.
  • The United States initially provided covert military support to the rebels, but as the war splintered into multiple overlapping conflicts, America shifted its focus to fight the jihadists of the Islamic State, who at their peak controlled nearly a third of eastern Syria.
  • For Syrian civilians, there is less daily violence now than during the war’s earlier years, but the economy has been destroyed.
  • More than half of Syria’s prewar population fled their homes during the fighting, and most have not returned, including the 5.6 million refugees who largely live in destitution in neighboring Arab countries.
  • “Justice has not been fully accomplished,” he said. “This is a small slice of what we are talking about.”
anonymous

Former Skadden Lawyer Pleads Guilty to Lying in Russia Investigation - The New York Times - 0 views

  • Former Skadden Lawyer Pleads Guilty to Lying in Russia Investigation
  • The son-in-law of a Russia-based billionaire admitted on Tuesday to lying to investigators about his communications with a former Trump campaign aide. The guilty plea by the defendant, a former lawyer at a powerful New York-based law firm, broadened the scope of the special counsel’s inquiry into Russia’s election interferenc
  • Mr. van der Zwaan’s decision to plead guilty to a felony charge could intensify pressure on both Mr. Gates and on Paul Manafort, Mr. Gates’s longtime business partner and the president’s former campaign chairman. Both were charged in the fall with laundering money and other crimes related to consulting work they did for the Ukrainian political party headed by former President Viktor F. Yanukovych. They have pleaded not guilty.
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  • The charges against him were the seventh criminal case that Mr. Mueller’s team has brought since October. Last week, the special counsel’s office indicted 13 Russians and three companies on charges of interfering in the 2016 United States election with a sophisticated influence campaign on popular social media platforms. An American, Richard Pinedo, of Santa Paula, Calif., also pleaded guilty to identity fraud regarding some bank accounts used by the Russians in their influence campaign.
malonema1

Trump: I would speak under oath on Comey - BBC News - 0 views

  • Trump: I would speak under oath on Comey
  • US President Donald Trump says he is "100%" willing to speak under oath about his conversations with ex-FBI chief James Comey.Speaking at the White House, he denied having asked for Mr Comey's loyalty or for an inquiry into his former national security adviser to be dropped."James Comey confirmed a lot of what I said, and some of the things he said just weren't true," Mr Trump said.
  • "One hundred per cent," Mr Trump said.
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  • The former FBI chief was investigating an alleged Kremlin plot to sway last year's US election in favour of Mr Trump, and whether there was any collusion with the president or his campaign staff.
  • US President Donald Trump says he is "100%" willing to speak under oath about his conversations with ex-FBI chief James Comey.Speaking at the White House, he denied having asked for Mr Comey's loyalty or for an inquiry into a former White House aide to be dropped.
  • Trump: I would speak under oath on Comey
  • Under oath, the former FBI director also told the Senate Intelligence Committee that the president had asked him during a one-to-one dinner at the White House to pledge loyalty.
  • He said the former FBI director's testimony showed there was "no collusion, no obstruction". Mr Comey told senators he had assured the president he himself was not under scrutiny over Russia.
  • The House panel requested that if the recordings exist they be submitted by 23 June.
  • Mr Comey also told senators that he had leaked details of his memos about his conversations with Mr Trump to a friend, who passed them on to a reporter.
  • After the testimony, Mr Trump's lawyer accused the former FBI chief of having divulged "privileged communications".
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