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sidneybelleroche

Associated Press News - 0 views

  • A Connecticut judge found Infowars host Alex Jones liable by default Monday in a defamation lawsuit brought by parents of children killed in the Sandy Hook Elementary School shooting over the conspiracy theorist’s claims that the massacre was a hoax.
  • A Connecticut judge found Infowars host Alex Jones liable by default Monday in a defamation lawsuit brought by parents of children killed in the Sandy Hook Elementary School shooting over the conspiracy theorist’s claims that the massacre was a hoax.
  • The ruling by the judge, who cited Jones’ refusal to abide by court rulings or turn over evidence, means a jury will determine how much in damages Jones should pay to the families.
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  • Norman Pattis, a lawyer for Jones, said an appeal of Bellis’ default ruling is planned.
  • Judge Barbara Bellis took the rare step of issuing a default judgment in the case because she said Jones and his companies, Infowars and Free Speech Systems, had failed to turn over documents including records that might have showed how, and if, they had profited from spreading misinformation about the school shooting and other mass killings.
  • Shortly after the judge’s decision, Jones went on his show and said he’d been deprived of a fair trial.
  • His lawyers have asked that Bellis be removed from the case, alleging she has not been impartial.
  • The ruling has the same outcome as a jury determining the case in favor of the families. A jury will now determine the damages.
  • The shooting was portrayed on Jones’ Infowars show as a hoax involving actors aimed at increasing gun control. Jones has since acknowledged the school shooting did occur.
  • Families of the victims said they have been subjected to harassment and death threats from Jones’ followers because of the hoax conspiracy pushed on Infowars. They sued Jones and his companies for defamation and infliction of emotional distress. The hearing on damages before a jury is expected to be held next year.
  • In one of the lawsuits, a Texas judge in 2019 ordered Jones to pay $100,000 in legal fees and refused to dismiss the suit. And a jury in Wisconsin awarded $450,000 to one of the parents in his lawsuit against conspiracy theorist writers, not including Jones, who claimed the massacre never happened.
Javier E

When the New York Times lost its way - 0 views

  • There are many reasons for Trump’s ascent, but changes in the American news media played a critical role. Trump’s manipulation and every one of his political lies became more powerful because journalists had forfeited what had always been most valuable about their work: their credibility as arbiters of truth and brokers of ideas, which for more than a century, despite all of journalism’s flaws and failures, had been a bulwark of how Americans govern themselves.
  • I think Sulzberger shares this analysis. In interviews and his own writings, including an essay earlier this year for the Columbia Journalism Review, he has defended “independent journalism”, or, as I understand him, fair-minded, truth-seeking journalism that aspires to be open and objective.
  • It’s good to hear the publisher speak up in defence of such values, some of which have fallen out of fashion not just with journalists at the Times and other mainstream publications but at some of the most prestigious schools of journalism.
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  • All the empathy and humility in the world will not mean much against the pressures of intolerance and tribalism without an invaluable quality that Sulzberger did not emphasise: courage.
  • Sulzberger seems to underestimate the struggle he is in, that all journalism and indeed America itself is in
  • In describing the essential qualities of independent journalism in his essay, he unspooled a list of admirable traits – empathy, humility, curiosity and so forth. These qualities have for generations been helpful in contending with the Times’s familiar problem, which is liberal bias
  • on their own, these qualities have no chance against the Times’s new, more dangerous problem, which is in crucial respects the opposite of the old one.
  • The Times’s problem has metastasised from liberal bias to illiberal bias, from an inclination to favour one side of the national debate to an impulse to shut debate down altogether
  • the internet knocked the industry off its foundations. Local newspapers were the proving ground between college campuses and national newsrooms. As they disintegrated, the national news media lost a source of seasoned reporters and many Americans lost a journalism whose truth they could verify with their own eyes.
  • far more than when I set out to become a journalist, doing the work right today demands a particular kind of courage:
  • the moral and intellectual courage to take the other side seriously and to report truths and ideas that your own side demonises for fear they will harm its cause.
  • One of the glories of embracing illiberalism is that, like Trump, you are always right about everything, and so you are justified in shouting disagreement down.
  • leaders of many workplaces and boardrooms across America find that it is so much easier to compromise than to confront – to give a little ground today in the belief you can ultimately bring people around
  • This is how reasonable Republican leaders lost control of their party to Trump and how liberal-minded college presidents lost control of their campuses. And it is why the leadership of the New York Times is losing control of its principles.
  • Over the decades the Times and other mainstream news organisations failed plenty of times to live up to their commitments to integrity and open-mindedness. The relentless struggle against biases and preconceptions, rather than the achievement of a superhuman objective omniscience, is what mattered
  • . I thought, and still think, that no American institution could have a better chance than the Times, by virtue of its principles, its history, its people and its hold on the attention of influential Americans, to lead the resistance to the corruption of political and intellectual life, to overcome the encroaching dogmatism and intolerance.
  • As the country became more polarised, the national media followed the money by serving partisan audiences the versions of reality they preferred
  • This relationship proved self-reinforcing. As Americans became freer to choose among alternative versions of reality, their polarisation intensified.
  • as the top editors let bias creep into certain areas of coverage, such as culture, lifestyle and business, that made the core harder to defend and undermined the authority of even the best reporters.
  • here have been signs the Times is trying to recover the courage of its convictions
  • The paper was slow to display much curiosity about the hard question of the proper medical protocols for trans children; but once it did, the editors defended their coverage against the inevitable criticism.
  • As Sulzberger told me in the past, returning to the old standards will require agonising change. He saw that as the gradual work of many years, but I think he is mistaken. To overcome the cultural and commercial pressures the Times faces, particularly given the severe test posed by another Trump candidacy and possible presidency, its publisher and senior editors will have to be bolder than that.
  • As a Democrat from a family of Democrats, a graduate of Yale and a blossom of the imagined meritocracy, I had my first real chance, at Buchanan’s rallies, to see the world through the eyes of stalwart opponents of abortion, immigration and the relentlessly rising tide of modernity.
  • the Times is failing to face up to one crucial reason: that it has lost faith in Americans, too.
  • For now, to assert that the Times plays by the same rules it always has is to commit a hypocrisy that is transparent to conservatives, dangerous to liberals and bad for the country as a whole.
  • It makes the Times too easy for conservatives to dismiss and too easy for progressives to believe.
  • The reality is that the Times is becoming the publication through which America’s progressive elite talks to itself about an America that does not really exist.
  • It is hard to imagine a path back to saner American politics that does not traverse a common ground of shared fact.
  • It is equally hard to imagine how America’s diversity can continue to be a source of strength, rather than become a fatal flaw, if Americans are afraid or unwilling to listen to each other.
  • I suppose it is also pretty grandiose to think you might help fix all that. But that hope, to me, is what makes journalism worth doing.
  • Since Adolph Ochs bought the paper in 1896, one of the most inspiring things the Times has said about itself is that it does its work “without fear or favour”. That is not true of the institution today – it cannot be, not when its journalists are afraid to trust readers with a mainstream conservative argument such as Cotton’s, and its leaders are afraid to say otherwise.
  • Most important, the Times, probably more than any other American institution, could influence the way society approached debate and engagement with opposing views. If Times Opinion demonstrated the same kind of intellectual courage and curiosity that my colleagues at the Atlantic had shown, I hoped, the rest of the media would follow.
  • You did not have to go along with everything that any tribe said. You did not have to pretend that the good guys, much as you might have respected them, were right about everything, or that the bad guys, much as you might have disdained them, never had a point. You did not, in other words, ever have to lie.
  • This fundamental honesty was vital for readers, because it equipped them to make better, more informed judgments about the world. Sometimes it might shock or upset them by failing to conform to their picture of reality. But it also granted them the respect of acknowledging that they were able to work things out for themselves.
  • The Atlantic did not aspire to the same role as the Times. It did not promise to serve up the news of the day without any bias. But it was to opinion journalism what the Times’s reporting was supposed to be to news: honest and open to the world.
  • Those were the glory days of the blog, and we hit on the idea of creating a living op-ed page, a collective of bloggers with different points of view but a shared intellectual honesty who would argue out the meaning of the news of the day
  • They were brilliant, gutsy writers, and their disagreements were deep enough that I used to joke that my main work as editor was to prevent fistfights.
  • Under its owner, David Bradley, my colleagues and I distilled our purpose as publishing big arguments about big ideas
  • we also began producing some of the most important work in American journalism: Nicholas Carr on whether Google was “making us stupid”; Hanna Rosin on “the end of men”; Taylor Branch on “the shame of college sports”; Ta-Nehisi Coates on “the case for reparations”; Greg Lukianoff and Jonathan Haidt on “the coddling of the American mind”.
  • I was starting to see some effects of the new campus politics within the Atlantic. A promising new editor had created a digital form for aspiring freelancers to fill out, and she wanted to ask them to disclose their racial and sexual identity. Why? Because, she said, if we were to write about the trans community, for example, we would ask a trans person to write the story
  • There was a good argument for that, I acknowledged, and it sometimes might be the right answer. But as I thought about the old people, auto workers and abortion opponents I had learned from, I told her there was also an argument for correspondents who brought an outsider’s ignorance, along with curiosity and empathy, to the story.
  • A journalism that starts out assuming it knows the answers, it seemed to me then, and seems even more so to me now, can be far less valuable to the reader than a journalism that starts out with a humbling awareness that it knows nothing.
  • In the age of the internet it is hard even for a child to sustain an “innocent eye”, but the alternative for journalists remains as dangerous as ever, to become propagandists. America has more than enough of those already.
  • When I looked around the Opinion department, change was not what I perceived. Excellent writers and editors were doing excellent work. But the department’s journalism was consumed with politics and foreign affairs in an era when readers were also fascinated by changes in technology, business, science and culture.
  • Fairly quickly, though, I realised two things: first, that if I did my job as I thought it should be done, and as the Sulzbergers said they wanted me to do it, I would be too polarising internally ever to lead the newsroom; second, that I did not want that job, though no one but my wife believed me when I said that.
  • there was a compensating moral and psychological privilege that came with aspiring to journalistic neutrality and open-mindedness, despised as they might understandably be by partisans. Unlike the duelling politicians and advocates of all kinds, unlike the corporate chieftains and their critics, unlike even the sainted non-profit workers, you did not have to pretend things were simpler than they actually were
  • On the right and left, America’s elites now talk within their tribes, and get angry or contemptuous on those occasions when they happen to overhear the other conclave. If they could be coaxed to agree what they were arguing about, and the rules by which they would argue about it, opinion journalism could serve a foundational need of the democracy by fostering diverse and inclusive debate. Who could be against that?
  • The large staff of op-ed editors contained only a couple of women. Although the 11 columnists were individually admirable, only two of them were women and only one was a person of colour
  • Not only did they all focus on politics and foreign affairs, but during the 2016 campaign, no columnist shared, in broad terms, the worldview of the ascendant progressives of the Democratic Party, incarnated by Bernie Sanders. And only two were conservative.
  • This last fact was of particular concern to the elder Sulzberger. He told me the Times needed more conservative voices, and that its own editorial line had become predictably left-wing. “Too many liberals,” read my notes about the Opinion line-up from a meeting I had with him and Mark Thompson, then the chief executive, as I was preparing to rejoin the paper. “Even conservatives are liberals’ idea of a conservative.” The last note I took from that meeting was: “Can’t ignore 150m conservative Americans.”
  • As I knew from my time at the Atlantic, this kind of structural transformation can be frightening and even infuriating for those understandably proud of things as they are. It is hard on everyone
  • experience at the Atlantic also taught me that pursuing new ways of doing journalism in pursuit of venerable institutional principles created enthusiasm for change. I expected that same dynamic to allay concerns at the Times.
  • If Opinion published a wider range of views, it would help frame a set of shared arguments that corresponded to, and drew upon, the set of shared facts coming from the newsroom.
  • New progressive voices were celebrated within the Times. But in contrast to the Wall Street Journal and the Washington Post, conservative voices – even eloquent anti-Trump conservative voices – were despised, regardless of how many leftists might surround them.
  • The Opinion department mocked the paper’s claim to value diversity. It did not have a single black editor
  • Eventually, it sank in that my snotty joke was actually on me: I was the one ignorantly fighting a battle that was already lost. The old liberal embrace of inclusive debate that reflected the country’s breadth of views had given way to a new intolerance for the opinions of roughly half of American voters.
  • Out of naivety or arrogance, I was slow to recognise that at the Times, unlike at the Atlantic, these values were no longer universally accepted, let alone esteemed
  • After the 9/11 attacks, as the bureau chief in Jerusalem, I spent a lot of time in the Gaza Strip interviewing Hamas leaders, recruiters and foot soldiers, trying to understand and describe their murderous ideology. Some readers complained that I was providing a platform for terrorists, but there was never any objection from within the Times.
  • Our role, we knew, was to help readers understand such threats, and this required empathetic – not sympathetic – reporting. This is not an easy distinction but good reporters make it: they learn to understand and communicate the sources and nature of a toxic ideology without justifying it, much less advocating it.
  • Today’s newsroom turns that moral logic on its head, at least when it comes to fellow Americans. Unlike the views of Hamas, the views of many Americans have come to seem dangerous to engage in the absence of explicit condemnation
  • Focusing on potential perpetrators – “platforming” them by explaining rather than judging their views – is believed to empower them to do more harm.
  • After the profile of the Ohio man was published, media Twitter lit up with attacks on the article as “normalising” Nazism and white nationalism, and the Times convulsed internally. The Times wound up publishing a cringing editor’s note that hung the writer out to dry and approvingly quoted some of the criticism, including a tweet from a Washington Post opinion editor asking, “Instead of long, glowing profiles of Nazis/White nationalists, why don’t we profile the victims of their ideologies”?
  • the Times lacked the confidence to defend its own work
  • The editor’s note paraded the principle of publishing such pieces, saying it was important to “shed more light, not less, on the most extreme corners of American life”. But less light is what the readers got. As a reporter in the newsroom, you’d have to have been an idiot after that explosion to attempt such a profile
  • Empathetic reporting about Trump supporters became even more rare. It became a cliché among influential left-wing columnists and editors that blinkered political reporters interviewed a few Trump supporters in diners and came away suckered into thinking there was something besides racism that could explain anyone’s support for the man.
  • After a year spent publishing editorials attacking Trump and his policies, I thought it would be a demonstration of Timesian open-mindedness to give his supporters their say. Also, I thought the letters were interesting, so I turned over the entire editorial page to the Trump letters.
  • I wasn’t surprised that we got some criticism on Twitter. But I was astonished by the fury of my Times colleagues. I found myself facing an angry internal town hall, trying to justify what to me was an obvious journalistic decision
  • Didn’t he think other Times readers should understand the sources of Trump’s support? Didn’t he also see it was a wonderful thing that some Trump supporters did not just dismiss the Times as fake news, but still believed in it enough to respond thoughtfully to an invitation to share their views?
  • And if the Times could not bear to publish the views of Americans who supported Trump, why should it be surprised that those voters would not trust it?
  • Two years later, in 2020, Baquet acknowledged that in 2016 the Times had failed to take seriously the idea that Trump could become president partly because it failed to send its reporters out into America to listen to voters and understand “the turmoil in the country”. And, he continued, the Times still did not understand the views of many Americans
  • Speaking four months before we published the Cotton op-ed, he said that to argue that the views of such voters should not appear in the Times was “not journalistic”.
  • Conservative arguments in the Opinion pages reliably started uproars within the Times. Sometimes I would hear directly from colleagues who had the grace to confront me with their concerns; more often they would take to the company’s Slack channels or Twitter to advertise their distress in front of each other
  • This environment of enforced group-think, inside and outside the paper, was hard even on liberal opinion writers. One left-of-centre columnist told me that he was reluctant to appear in the New York office for fear of being accosted by colleagues.
  • An internal survey shortly after I left the paper found that barely half the staff, within an enterprise ostensibly devoted to telling the truth, agreed “there is a free exchange of views in this company” and “people are not afraid to say what they really think”.)
  • Even columnists with impeccable leftist bona fides recoiled from tackling subjects when their point of view might depart from progressive orthodoxy.
  • The bias had become so pervasive, even in the senior editing ranks of the newsroom, as to be unconscious
  • Trying to be helpful, one of the top newsroom editors urged me to start attaching trigger warnings to pieces by conservatives. It had not occurred to him how this would stigmatise certain colleagues, or what it would say to the world about the Times’s own bias
  • By their nature, information bubbles are powerfully self-reinforcing, and I think many Times staff have little idea how closed their world has become, or how far they are from fulfilling their compact with readers to show the world “without fear or favour”
  • sometimes the bias was explicit: one newsroom editor told me that, because I was publishing more conservatives, he felt he needed to push his own department further to the left.
  • The Times’s failure to honour its own stated principles of openness to a range of views was particularly hard on the handful of conservative writers, some of whom would complain about being flyspecked and abused by colleagues. One day when I relayed a conservative’s concern about double standards to Sulzberger, he lost his patience. He told me to inform the complaining conservative that that’s just how it was: there was a double standard and he should get used to it.
  • A publication that promises its readers to stand apart from politics should not have different standards for different writers based on their politics. But I delivered the message. There are many things I regret about my tenure as editorial-page editor. That is the only act of which I am ashamed.
  • I began to think of myself not as a benighted veteran on a remote island, but as Rip Van Winkle. I had left one newspaper, had a pleasant dream for ten years, and returned to a place I barely recognised.
  • The new New York Times was the product of two shocks – sudden collapse, and then sudden success. The paper almost went bankrupt during the financial crisis, and the ensuing panic provoked a crisis of confidence among its leaders. Digital competitors like the HuffPost were gaining readers and winning plaudits within the media industry as innovative. They were the cool kids; Times folk were ink-stained wrinklies.
  • In its panic, the Times bought out experienced reporters and editors and began hiring journalists from publications like the HuffPost who were considered “digital natives” because they had never worked in print. This hiring quickly became easier, since most digital publications financed by venture capital turned out to be bad businesses
  • Though they might have lacked deep or varied reporting backgrounds, some of the Times’s new hires brought skills in video and audio; others were practised at marketing themselves – building their brands, as journalists now put it – in social media. Some were brilliant and fiercely honest, in keeping with the old aspirations of the paper.
  • critically, the Times abandoned its practice of acculturation, including those months-long assignments on Metro covering cops and crime or housing. Many new hires who never spent time in the streets went straight into senior writing and editing roles.
  • All these recruits arrived with their own notions of the purpose of the Times. To me, publishing conservatives helped fulfil the paper’s mission; to them, I think, it betrayed that mission.
  • then, to the shock and horror of the newsroom, Trump won the presidency. In his article for Columbia Journalism Review, Sulzberger cites the Times’s failure to take Trump’s chances seriously as an example of how “prematurely shutting down inquiry and debate” can allow “conventional wisdom to ossify in a way that blinds society.
  • Many Times staff members – scared, angry – assumed the Times was supposed to help lead the resistance. Anxious for growth, the Times’s marketing team implicitly endorsed that idea, too.
  • As the number of subscribers ballooned, the marketing department tracked their expectations, and came to a nuanced conclusion. More than 95% of Times subscribers described themselves as Democrats or independents, and a vast majority of them believed the Times was also liberal
  • A similar majority applauded that bias; it had become “a selling point”, reported one internal marketing memo. Yet at the same time, the marketers concluded, subscribers wanted to believe that the Times was independent.
  • As that memo argued, even if the Times was seen as politically to the left, it was critical to its brand also to be seen as broadening its readers’ horizons, and that required “a perception of independence”.
  • Readers could cancel their subscriptions if the Times challenged their worldview by reporting the truth without regard to politics. As a result, the Times’s long-term civic value was coming into conflict with the paper’s short-term shareholder value
  • The Times has every right to pursue the commercial strategy that makes it the most money. But leaning into a partisan audience creates a powerful dynamic. Nobody warned the new subscribers to the Times that it might disappoint them by reporting truths that conflicted with their expectations
  • When your product is “independent journalism”, that commercial strategy is tricky, because too much independence might alienate your audience, while too little can lead to charges of hypocrisy that strike at the heart of the brand.
  • It became one of Dean Baquet’s frequent mordant jokes that he missed the old advertising-based business model, because, compared with subscribers, advertisers felt so much less sense of ownership over the journalism
  • The Times was slow to break it to its readers that there was less to Trump’s ties to Russia than they were hoping, and more to Hunter Biden’s laptop, that Trump might be right that covid came from a Chinese lab, that masks were not always effective against the virus, that shutting down schools for many months was a bad idea.
  • there has been a sea change over the past ten years in how journalists think about pursuing justice. The reporters’ creed used to have its foundation in liberalism, in the classic philosophical sense. The exercise of a reporter’s curiosity and empathy, given scope by the constitutional protections of free speech, would equip readers with the best information to form their own judgments. The best ideas and arguments would win out
  • The journalist’s role was to be a sworn witness; the readers’ role was to be judge and jury. In its idealised form, journalism was lonely, prickly, unpopular work, because it was only through unrelenting scepticism and questioning that society could advance. If everyone the reporter knew thought X, the reporter’s role was to ask: why X?
  • Illiberal journalists have a different philosophy, and they have their reasons for it. They are more concerned with group rights than individual rights, which they regard as a bulwark for the privileges of white men. They have seen the principle of  free speech used to protect right-wing outfits like Project Veritas and Breitbart News and are uneasy with it.
  • They had their suspicions of their fellow citizens’ judgment confirmed by Trump’s election, and do not believe readers can be trusted with potentially dangerous ideas or facts. They are not out to achieve social justice as the knock-on effect of pursuing truth; they want to pursue it head-on
  • The term “objectivity” to them is code for ignoring the poor and weak and cosying up to power, as journalists often have done.
  • And they do not just want to be part of the cool crowd. They need to be
  • To be more valued by their peers and their contacts – and hold sway over their bosses – they need a lot of followers in social media. That means they must be seen to applaud the right sentiments of the right people in social media
  • The journalist from central casting used to be a loner, contrarian or a misfit. Now journalism is becoming another job for joiners, or, to borrow Twitter’s own parlance, “followers”, a term that mocks the essence of a journalist’s role.
  • The new newsroom ideology seems idealistic, yet it has grown from cynical roots in academia: from the idea that there is no such thing as objective truth; that there is only narrative, and that therefore whoever controls the narrative – whoever gets to tell the version of the story that the public hears – has the whip hand
  • What matters, in other words, is not truth and ideas in themselves, but the power to determine both in the public mind.
  • By contrast, the old newsroom ideology seems cynical on its surface. It used to bug me that my editors at the Times assumed every word out of the mouth of any person in power was a lie.
  • And the pursuit of objectivity can seem reptilian, even nihilistic, in its abjuration of a fixed position in moral contests. But the basis of that old newsroom approach was idealistic: the notion that power ultimately lies in truth and ideas, and that the citizens of a pluralistic democracy, not leaders of any sort, must be trusted to judge both.
  • Our role in Times Opinion, I used to urge my colleagues, was not to tell people what to think, but to help them fulfil their desire to think for themselves.
  • It seems to me that putting the pursuit of truth, rather than of justice, at the top of a publication’s hierarchy of values also better serves not just truth but justice, too
  • over the long term journalism that is not also sceptical of the advocates of any form of justice and the programmes they put forward, and that does not struggle honestly to understand and explain the sources of resistance,
  • will not assure that those programmes will work, and it also has no legitimate claim to the trust of reasonable people who see the world very differently. Rather than advance understanding and durable change, it provokes backlash.
  • The impatience within the newsroom with such old ways was intensified by the generational failure of the Times to hire and promote women and non-white people
  • Pay attention if you are white at the Times and you will hear black editors speak of hiring consultants at their own expense to figure out how to get white staff to respect them
  • As wave after wave of pain and outrage swept through the Times, over a headline that was not damning enough of Trump or someone’s obnoxious tweets, I came to think of the people who were fragile, the ones who were caught up in Slack or Twitter storms, as people who had only recently discovered that they were white and were still getting over the shock.
  • Having concluded they had got ahead by working hard, it has been a revelation to them that their skin colour was not just part of the wallpaper of American life, but a source of power, protection and advancement.
  • I share the bewilderment that so many people could back Trump, given the things he says and does, and that makes me want to understand why they do: the breadth and diversity of his support suggests not just racism is at work. Yet these elite, well-meaning Times staff cannot seem to stretch the empathy they are learning to extend to people with a different skin colour to include those, of whatever race, who have different politics.
  • The digital natives were nevertheless valuable, not only for their skills but also because they were excited for the Times to embrace its future. That made them important allies of the editorial and business leaders as they sought to shift the Times to digital journalism and to replace staff steeped in the ways of print. Partly for that reason, and partly out of fear, the leadership indulged internal attacks on Times journalism, despite pleas from me and others, to them and the company as a whole, that Times folk should treat each other with more respect
  • My colleagues and I in Opinion came in for a lot of the scorn, but we were not alone. Correspondents in the Washington bureau and political reporters would take a beating, too, when they were seen as committing sins like “false balance” because of the nuance in their stories.
  • My fellow editorial and commercial leaders were well aware of how the culture of the institution had changed. As delighted as they were by the Times’s digital transformation they were not blind to the ideological change that came with it. They were unhappy with the bullying and group-think; we often discussed such cultural problems in the weekly meetings of the executive committee, composed of the top editorial and business leaders, including the publisher. Inevitably, these bitch sessions would end with someone saying a version of: “Well, at some point we have to tell them this is what we believe in as a newspaper, and if they don’t like it they should work somewhere else.” It took me a couple of years to realise that this moment was never going to come.
  • There is a lot not to miss about the days when editors like Boyd could strike terror in young reporters like me and Purdum. But the pendulum has swung so far in the other direction that editors now tremble before their reporters and even their interns. “I miss the old climate of fear,” Baquet used to say with a smile, in another of his barbed jokes.
  • I wish I’d pursued my point and talked myself out of the job. This contest over control of opinion journalism within the Times was not just a bureaucratic turf battle (though it was that, too)
  • The newsroom’s embrace of opinion journalism has compromised the Times’s independence, misled its readers and fostered a culture of intolerance and conformity.
  • The Opinion department is a relic of the era when the Times enforced a line between news and opinion journalism.
  • Editors in the newsroom did not touch opinionated copy, lest they be contaminated by it, and opinion journalists and editors kept largely to their own, distant floor within the Times building. Such fastidiousness could seem excessive, but it enforced an ethos that Times reporters owed their readers an unceasing struggle against bias in the news
  • But by the time I returned as editorial-page editor, more opinion columnists and critics were writing for the newsroom than for Opinion. As at the cable news networks, the boundaries between commentary and news were disappearing, and readers had little reason to trust that Times journalists were resisting rather than indulging their biases
  • The Times newsroom had added more cultural critics, and, as Baquet noted, they were free to opine about politics.
  • Departments across the Times newsroom had also begun appointing their own “columnists”, without stipulating any rules that might distinguish them from columnists in Opinion
  • I checked to see if, since I left the Times, it had developed guidelines explaining the difference, if any, between a news columnist and opinion columnist. The paper’s spokeswoman, Danielle Rhoades Ha, did not respond to the question.)
  • The internet rewards opinionated work and, as news editors felt increasing pressure to generate page views, they began not just hiring more opinion writers but also running their own versions of opinionated essays by outside voices – historically, the province of Opinion’s op-ed department.
  • Yet because the paper continued to honour the letter of its old principles, none of this work could be labelled “opinion” (it still isn’t). After all, it did not come from the Opinion department.
  • And so a newsroom technology columnist might call for, say, unionisation of the Silicon Valley workforce, as one did, or an outside writer might argue in the business section for reparations for slavery, as one did, and to the average reader their work would appear indistinguishable from Times news articles.
  • By similarly circular logic, the newsroom’s opinion journalism breaks another of the Times’s commitments to its readers. Because the newsroom officially does not do opinion – even though it openly hires and publishes opinion journalists – it feels free to ignore Opinion’s mandate to provide a diversity of views
  • When I was editorial-page editor, there were a couple of newsroom columnists whose politics were not obvious. But the other newsroom columnists, and the critics, read as passionate progressives.
  • I urged Baquet several times to add a conservative to the newsroom roster of cultural critics. That would serve the readers by diversifying the Times’s analysis of culture, where the paper’s left-wing bias had become most blatant, and it would show that the newsroom also believed in restoring the Times’s commitment to taking conservatives seriously. He said this was a good idea, but he never acted on it
  • I couldn’t help trying the idea out on one of the paper’s top cultural editors, too: he told me he did not think Times readers would be interested in that point of view.
  • opinion was spreading through the newsroom in other ways. News desks were urging reporters to write in the first person and to use more “voice”, but few newsroom editors had experience in handling that kind of journalism, and no one seemed certain where “voice” stopped and “opinion” began
  • The Times magazine, meanwhile, became a crusading progressive publication
  • Baquet liked to say the magazine was Switzerland, by which he meant that it sat between the newsroom and Opinion. But it reported only to the news side. Its work was not labelled as opinion and it was free to omit conservative viewpoints.
  • his creep of politics into the newsroom’s journalism helped the Times beat back some of its new challengers, at least those on the left
  • Competitors like Vox and the HuffPost were blending leftish politics with reporting and writing it up conversationally in the first person. Imitating their approach, along with hiring some of their staff, helped the Times repel them. But it came at a cost. The rise of opinion journalism over the past 15 years changed the newsroom’s coverage and its culture
  • The tiny redoubt of never-Trump conservatives in Opinion is swamped daily not only by the many progressives in that department but their reinforcements among the critics, columnists and magazine writers in the newsroom
  • They are generally excellent, but their homogeneity means Times readers are being served a very restricted range of views, some of them presented as straight news by a publication that still holds itself out as independent of any politics.
  • And because the critics, newsroom columnists and magazine writers are the newsroom’s most celebrated journalists, they have disproportionate influence over the paper’s culture.
  • By saying that it still holds itself to the old standard of strictly separating its news and opinion journalists, the paper leads its readers further into the trap of thinking that what they are reading is independent and impartial – and this misleads them about their country’s centre of political and cultural gravity.
  • And yet the Times insists to the public that nothing has changed.
  • “Even though each day’s opinion pieces are typically among our most popular journalism and our columnists are among our most trusted voices, we believe opinion is secondary to our primary mission of reporting and should represent only a portion of a healthy news diet,” Sulzberger wrote in the Columbia Journalism Review. “For that reason, we’ve long kept the Opinion department intentionally small – it represents well under a tenth of our journalistic staff – and ensured that its editorial decision-making is walled off from the newsroom.”
  • When I was editorial-page editor, Sulzberger, who declined to be interviewed on the record for this article, worried a great deal about the breakdown in the boundaries between news and opinion
  • He told me once that he would like to restructure the paper to have one editor oversee all its news reporters, another all its opinion journalists and a third all its service journalists, the ones who supply guidance on buying gizmos or travelling abroad. Each of these editors would report to him
  • That is the kind of action the Times needs to take now to confront its hypocrisy and begin restoring its independence.
  • The Times could learn something from the Wall Street Journal, which has kept its journalistic poise
  • It has maintained a stricter separation between its news and opinion journalism, including its cultural criticism, and that has protected the integrity of its work.
  • After I was chased out of the Times, Journal reporters and other staff attempted a similar assault on their opinion department. Some 280 of them signed a letter listing pieces they found offensive and demanding changes in how their opinion colleagues approached their work. “Their anxieties aren’t our responsibility,” shrugged the Journal’s editorial board in a note to readers after the letter was leaked. “The signers report to the news editors or other parts of the business.” The editorial added, in case anyone missed the point, “We are not the New York Times.” That was the end of it.
  • Unlike the publishers of the Journal, however, Sulzberger is in a bind, or at least perceives himself to be
  • The confusion within the Times over its role, and the rising tide of intolerance among the reporters, the engineers, the business staff, even the subscribers – these are all problems he inherited, in more ways than one. He seems to feel constrained in confronting the paper’s illiberalism by the very source of his authority
  • The paradox is that in previous generations the Sulzbergers’ control was the bulwark of the paper’s independence.
  • if he is going to instil the principles he believes in, he needs to stop worrying so much about his powers of persuasion, and start using the power he is so lucky to have.
  • Shortly after we published the op-ed that Wednesday afternoon, some reporters tweeted their opposition to Cotton’s argument. But the real action was in the Times’s Slack channels, where reporters and other staff began not just venting but organising. They turned to the union to draw up a workplace complaint about the op-ed.
  • The next day, this reporter shared the byline on the Times story about the op-ed. That article did not mention that Cotton had distinguished between “peaceful, law-abiding protesters” and “rioters and looters”. In fact, the first sentence reported that Cotton had called for “the military to suppress protests against police violence”.
  • This was – and is – wrong. You don’t have to take my word for that. You can take the Times’s
  • Three days later in its article on my resignation it also initially reported that Cotton had called “for military force against protesters in American cities”. This time, after the article was published on the Times website, the editors scrambled to rewrite it, replacing “military force” with “military response” and “protesters” with “civic unrest”
  • That was a weaselly adjustment – Cotton wrote about criminality, not “unrest” – but the article at least no longer unambiguously misrepresented Cotton’s argument to make it seem he was in favour of crushing democratic protest. The Times did not publish a correction or any note acknowledging the story had been changed.
  • Seeking to influence the outcome of a story you cover, particularly without disclosing that to the reader, violates basic principles I was raised on at the Times
  • s Rhoades Ha disputes my characterisation of the after-the-fact editing of the story about my resignation. She said the editors changed the story after it was published on the website in order to “refine” it and “add context”, and so the story did not merit a correction disclosing to the reader that changes had been made.
  • In retrospect what seems almost comical is that as the conflict over Cotton’s op-ed unfolded within the Times I acted as though it was on the level, as though the staff of the Times would have a good-faith debate about Cotton’s piece and the decision to publish it
  • Instead, people wanted to vent and achieve what they considered to be justice, whether through Twitter, Slack, the union or the news pages themselves
  • My colleagues in Opinion, together with the PR team, put together a series of connected tweets describing the purpose behind publishing Cotton’s op-ed. Rather than publish these tweets from the generic Times Opinion Twitter account, Sulzberger encouraged me to do it from my personal one, on the theory that this would humanise our defence. I doubted that would make any difference, but it was certainly my job to take responsibility. So I sent out the tweets, sticking my head in a Twitter bucket that clangs, occasionally, to this day
  • What is worth recalling now from the bedlam of the next two days? I suppose there might be lessons for someone interested in how not to manage a corporate crisis. I began making my own mistakes that Thursday. The union condemned our publication of Cotton, for supposedly putting journalists in danger, claiming that he had called on the military “to ‘detain’ and ‘subdue’ Americans protesting racism and police brutality” – again, a misrepresentation of his argument. The publisher called to tell me the company was experiencing its largest sick day in history; people were turning down job offers because of the op-ed, and, he said, some people were quitting. He had been expecting for some time that the union would seek a voice in editorial decision-making; he said he thought this was the moment the union was making its move. He had clearly changed his own mind about the value of publishing the Cotton op-ed.
  • I asked Dao to have our fact-checkers review the union’s claims. But then I went a step further: at the publisher’s request, I urged him to review the editing of the piece itself and come back to me with a list of steps we could have taken to make it better. Dao’s reflex – the correct one – was to defend the piece as published. He and three other editors of varying ages, genders and races had helped edit it; it had been fact-checked, as is all our work
  • This was my last failed attempt to have the debate within the Times that I had been seeking for four years, about why it was important to present Times readers with arguments like Cotton’s. The staff at the paper never wanted to have that debate. The Cotton uproar was the most extreme version of the internal reaction we faced whenever we published conservative arguments that were not simply anti-Trump. Yes, yes, of course we believe in the principle of publishing diverse views, my Times colleagues would say, but why this conservative? Why this argument?
  • I doubt these changes would have mattered, and to extract this list from Dao was to engage in precisely the hypocrisy I claimed to despise – that, in fact, I do despise. If Cotton needed to be held to such standards of politesse, so did everyone else. Headlines such as “Tom Cotton’s Fascist Op-ed”, the headline of a subsequent piece, should also have been tranquillised.
  • As that miserable Thursday wore on, Sulzberger, Baquet and I held a series of Zoom meetings with reporters and editors from the newsroom who wanted to discuss the op-ed. Though a handful of the participants were there to posture, these were generally constructive conversations. A couple of people, including Baquet, even had the guts to speak up in favour of publishing the op-ed
  • Two moments stick out. At one point, in answer to a question, Sulzberger and Baquet both said they thought the op-ed – as the Times union and many journalists were saying – had in fact put journalists in danger. That was the first time I realised I might be coming to the end of the road.
  • The other was when a pop-culture reporter asked if I had read the op-ed before it was published. I said I had not. He immediately put his head down and started typing, and I should have paid attention rather than moving on to the next question. He was evidently sharing the news with the company over Slack.
  • Every job review I had at the Times urged me to step back from the daily coverage to focus on the long term. (Hilariously, one review, urging me to move faster in upending the Opinion department, instructed me to take risks and “ask for forgiveness not permission”.)
  • I learned when these meetings were over that there had been a new eruption in Slack. Times staff were saying that Rubenstein had been the sole editor of the op-ed. In response, Dao had gone into Slack to clarify to the entire company that he had also edited it himself. But when the Times posted the news article that evening, it reported, “The Op-Ed was edited by Adam Rubenstein” and made no mention of Dao’s statement
  • Early that morning, I got an email from Sam Dolnick, a Sulzberger cousin and a top editor at the paper, who said he felt “we” – he could have only meant me – owed the whole staff “an apology for appearing to place an abstract idea like open debate over the value of our colleagues’ lives, and their safety”. He was worried that I and my colleagues had unintentionally sent a message to other people at the Times that: “We don’t care about their full humanity and their security as much as we care about our ideas.”
  • “I know you don’t like it when I talk about principles at a moment like this,” I began. But I viewed the journalism I had been doing, at the Times and before that at the Atlantic, in very different terms from the ones Dolnick presumed. “I don’t think of our work as an abstraction without meaning for people’s lives – quite the opposite,” I continued. “The whole point – the reason I do this – is to have an impact on their lives to the good. I have always believed that putting ideas, including potentially dangerous one[s], out in the public is vital to ensuring they are debated and, if dangerous, discarded.” It was, I argued, in “edge cases like this that principles are tested”, and if my position was judged wrong then “I am out of step with the times.” But, I concluded, “I don’t think of us as some kind of debating society without implications for the real world and I’ve never been unmindful of my colleagues’ humanity.”
  • in the end, one thing he and I surely agree on is that I was, in fact, out of step with the Times. It may have raised me as a journalist – and invested so much in educating me to what were once its standards – but I did not belong there any more.
  • Finally, I came up with something that felt true. I told the meeting that I was sorry for the pain that my leadership of Opinion had caused. What a pathetic thing to say. I did not think to add, because I’d lost track of this truth myself by then, that opinion journalism that never causes pain is not journalism. It can’t hope to move society forward
  • As I look back at my notes of that awful day, I don’t regret what I said. Even during that meeting, I was still hoping the blow-up might at last give me the chance either to win support for what I had been asked to do, or to clarify once and for all that the rules for journalism had changed at the Times.
  • But no one wanted to talk about that. Nor did they want to hear about all the voices of vulnerable or underprivileged people we had been showcasing in Opinion, or the ambitious new journalism we were doing. Instead, my Times colleagues demanded to know things such as the names of every editor who had had a role in the Cotton piece. Having seen what happened to Rubenstein I refused to tell them. A Slack channel had been set up to solicit feedback in real time during the meeting, and it was filling with hate. The meeting ran long, and finally came to a close after 90 minutes.
  • I tried to insist, as did Dao, that the note make clear the Cotton piece was within our editorial bounds. Sulzberger said he felt the Times could afford to be “silent” on that question. In the end the note went far further in repudiating the piece than I anticipated, saying it should never have been published at all. The next morning I was told to resign.
  • It was a terrible moment for the country. By the traditional – and perverse – logic of journalism, that should also have made it an inspiring time to be a reporter, writer or editor. Journalists are supposed to run towards scenes that others are fleeing, towards hard truths others need to know, towards consequential ideas they would prefer to ignore.
  • But fear got all mixed up with anger inside the Times, too, along with a desire to act locally in solidarity with the national movement. That energy found a focus in the Cotton op-ed
  • the Times is not good at acknowledging mistakes. Indeed, one of my own, within the Times culture, was to take responsibility for any mistakes my department made, and even some it didn’t
  • To Sulzberger, the meltdown over Cotton’s op-ed and my departure in disgrace are explained and justified by a failure of editorial “process”. As he put it in an interview with the New Yorker this summer, after publishing his piece in the Columbia Journalism Review, Cotton’s piece was not “perfectly fact-checked” and the editors had not “thought about the headline and presentation”. He contrasted the execution of Cotton’s opinion piece with that of a months-long investigation the newsroom did of Donald Trump’s taxes (which was not “perfectly fact-checked”, as it happens – it required a correction). He did not explain why, if the Times was an independent publication, an op-ed making a mainstream conservative argument should have to meet such different standards from an op-ed making any other kind of argument, such as for the abolition of the police
  • “It’s not enough just to have the principle and wave it around,” he said. “You also have to execute on it.”
  • To me, extolling the virtue of independent journalism in the pages of the Columbia Journalism Review is how you wave a principle around. Publishing a piece like Cotton’s is how you execute on it.
  • As Sulzberger also wrote in the Review, “Independent journalism, especially in a pluralistic democracy, should err on the side of treating areas of serious political contest as open, unsettled, and in need of further inquiry.
  • If Sulzberger must insist on comparing the execution of the Cotton op-ed with that of the most ambitious of newsroom projects, let him compare it with something really important, the 1619 Project, which commemorated the 400th anniversary of the arrival of enslaved Africans in Virginia.
  • Like Cotton’s piece, the 1619 Project was fact-checked and copy-edited (most of the Times newsroom does not fact-check or copy-edit articles, but the magazine does). But it nevertheless contained mistakes, as journalism often does. Some of these mistakes ignited a firestorm among historians and other readers.
  • And, like Cotton’s piece, the 1619 Project was presented in a way the Times later judged to be too provocative.
  • The Times declared that the 1619 Project “aims to reframe the country’s history, understanding 1619 as our true founding”. That bold statement – a declaration of Times fact, not opinion, since it came from the newsroom – outraged many Americans who venerated 1776 as the founding. The Times later stealthily erased it from the digital version of the project, but was caught doing so by a writer for the publication Quillette. Sulzberger told me during the initial uproar that the top editors in the newsroom – not just Baquet but his deputy – had not reviewed the audacious statement of purpose, one of the biggest editorial claims the paper has ever made. They also, of course, did not edit all the pieces themselves, trusting the magazine’s editors to do that work.
  • If the 1619 Project and the Cotton op-ed shared the same supposed flaws and excited similar outrage, how come that one is lauded as a landmark success and the other is a sackable offence?
  • I am comparing them only to meet Sulzberger on his terms, in order to illuminate what he is trying to elide. What distinguished the Cotton piece was not an error, or strong language, or that I didn’t edit it personally. What distinguished that op-ed was not process. It was politics.
  • It is one thing for the Times to aggravate historians, or conservatives, or even old-school liberals who believe in open debate. It has become quite another for the Times to challenge some members of its own staff with ideas that might contradict their view of the world.
  • The lessons of the incident are not about how to write a headline but about how much the Times has changed – how digital technology, the paper’s new business model and the rise of new ideals among its staff have altered its understanding of the boundary between news and opinion, and of the relationship between truth and justice
  • Ejecting me was one way to avoid confronting the question of which values the Times is committed to. Waving around the word “process” is another.
  • As he asserts the independence of Times journalism, Sulzberger is finding it necessary to reach back several years to another piece I chose to run, for proof that the Times remains willing to publish views that might offend its staff. “We’ve published a column by the head of the part of the Taliban that kidnapped one of our own journalists,” he told the New Yorker. He is missing the real lesson of that piece, as well.
  • The case against that piece is that Haqqani, who remains on the FBI’s most-wanted terrorist list, may have killed Americans. It’s puzzling: in what moral universe can it be a point of pride to publish a piece by an enemy who may have American blood on his hands, and a matter of shame to publish a piece by an American senator arguing for American troops to protect Americans?
  • As Mitch McConnell, then the majority leader, said on the Senate floor about the Times’s panic over the Cotton op-ed, listing some other debatable op-ed choices, “Vladimir Putin? No problem. Iranian propaganda? Sure. But nothing, nothing could have prepared them for 800 words from the junior senator from Arkansas.”
  • The Times’s staff members are not often troubled by obnoxious views when they are held by foreigners. This is an important reason the paper’s foreign coverage, at least of some regions, remains exceptional.
  • What seems most important and least understood about that episode is that it demonstrated in real time the value of the ideals that I poorly defended in the moment, ideals that not just the Times’s staff but many other college-educated Americans are abandoning.
  • After all, we ran the experiment; we published the piece. Was any Times journalist hurt? No. Nobody in the country was. In fact, though it is impossible to know the op-ed’s precise effect, polling showed that support for a military option dropped after the Times published the essay, as the Washington Post’s media critic, Erik Wemple, has written
  • If anything, in other words, publishing the piece stimulated debate that made it less likely Cotton’s position would prevail. The liberal, journalistic principle of open debate was vindicated in the very moment the Times was fleeing from it.
Javier E

Stolen Elections, Voting Dogs And Other Fantastic Fables From The GOP Voter Fraud Mytho... - 0 views

  • Numerous studies have found that voter fraud is far from a major issue in the U.S., and in-person fraud of the sort Trump and Kobach like to talk about — things like non-citizens showing up to vote or people returning to vote multiple times under different names — is vanishingly rare. A 2007 study by NYU’s Brennan Center for Justice memorably found that an individual American is more likely to get struck by lightning than to commit in-person voter fraud.
  • as of last summer, 68 percent of Republicans thought millions of illegal immigrants had voted in 2016, and almost three quarters said voter fraud happens “somewhat” or “very often.” The same survey found that nearly half of Republicans believed Trump had won the popular vote.
  • The idea that Nixon gracefully and expeditiously chose not to fight the outcome is a myth, the historian David Greenberg demonstrated back in 2000. Nixon did, however, eventually give in — but in the process, he turned the notion that the Democrats had stolen the election into an article of faith among Republicans, especially conservative ones.
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  • or decades, complaints about “voter fraud” have been a core component of Republican right-wing folklore — and one of their most useful election-year tools, particularly in places where winning the white vote isn’t enough to win elections.
  • the extent to which blocking voting opportunities for Democratic constituencies had become baked into conservative Republican culture became evident when Jimmy Carter proposed a package of electoral reforms in March of 1977. These included national same-day registration.
  • Ultimately, that year Barr reported that his workers had “discouraged or successfully challenged 50,000 illegally registered voters.” This claim was baldly fantastical. Meanwhile, in Arizona, future Supreme Court Chief Justice William Rehnquist ran Operation Eagle Eye in Phoenix’s Maricopa County. Federal judge Charles Hardy later recalled that Eagle Eye workers in Democratic-majority precincts challenged “every black or Mexican voter,” demanding that they read a passage from the Constitution
  • Barr expanded Operation Eagle Eye to help Senator Barry Goldwater’s bid for the presidency in 1964. The RNC sent 1.8 million letters to registered voters nationwide — a practice called voter caging. If a letter couldn’t be delivered for any reason, it would represent a reason to challenge the voter as illegitimate.
  • One document from state-level GOP operations obtained by the Democratic National Committee instructed workers to stall lines in Democratic precincts. In another document, a state ballot security office in Louisiana explained that “all sheriffs in the state of Louisiana, except one, are sympathetic with Senator Goldwater’s election. We should take full advantage of this situation.”
  • Unsurprisingly, the effort did less to restore confidence than it did to stoke paranoia. In Houston, the Austin American newspaper looked for the more than a thousand “fictitious” or ineligible registrations claimed by the GOP county chairman. It found nothing but some simple clerical errors. In Long Beach, California, another newspaper investigation found that seven of eight people on a list of ineligible voters “were just as eligible as can be.” In Oshkosh, Wisconsin, annoyed voters called the police on the Eagle Eyes. In Miami, a circuit court judge enjoined Citizens for Goldwater for “illegal mass challenging without cause, conducted in such a manner as to obstruct the orderly conduct of the election.
  • The effect was immediate. In 1961, the Republican National Committee launched a “ballot security program,” explained in a pamphlet published by its Women’s Division. Party workers were advised to place poll watchers outside the polls with cameras.
  • As historian Greg Downs recently wrote for TPM, the entire system of voter registration had been designed, back in the nineteenth century, to dampen democratic participation by immigrants and black Southerners that threatened native-born white dominance. A century later, conservatives went to the mat to preserve it.
  • At first, legislators from both parties enthusiastically endorsed same-day registration. Then, conservatives convinced the Republican Party establishment that, as the conservative newspaper Human Events put it, it would represent “Euthenasia for the GOP,” because “the bulk of these extra votes would go to the Democratic Party.” It pointed to a political scientist who said national turnout would go up 10 percent under the plan, but made it clear that the wrong people would be voting: most of the increase would come from “blacks and other traditionally Democratic voter groups.” The Heritage Foundation argued the reforms would “allow eight million illegal aliens in the U.S.” to vote
  • Weyrich made the dubious nature of the New Right’s definition of “free elections” more explicit. Speaking at an Evangelical gathering in 1980 alongside Reagan, he warned Christians against the “good government syndrome.
  • “I don’t want everyone to vote,” he said. “Elections are not won by a majority of the people… As a matter of fact, our leverage in the election quite candidly goes up as the voting population goes down. We have no responsibility, moral or otherwise, to turn out our opposition. It’s important to turn out those who are with us.”
  • The DNC and the New Jersey Democratic Party sued, and finally, as part of a settlement designed to stanch voter intimidation, the RNC entered a consent decree agreeing not to run any ballot-security efforts specifically targeting districts for their racial makeup.
  • The state Republican Party sent 125,000 postcards to recipients in Democratic areas who turned out to be 97 percent black, falsely claiming that a voter who had moved within 30 days of the election couldn’t vote, and noting that giving false information to an election official was punishable by up to five years in jail.
  • Both the 1986 and 1990 incidents led to new consent decrees. Neither dampened Republican enthusiasm to use fraud allegations as a political tool. In fact, by this time, it had become one of the conservative movement’s go-to responses to all kinds of perceived threats.
  • So too were ongoing Republican efforts to fight the liberalization of voter registration. In 1988, Kentucky’s Mitch McConnell — having been first elected to the Senate in a close vote in 1984 — argued in the American Bar Association Journal against a bill that would require mail-in registration systems nationwide. Liberal registration systems might be fine in places like North Dakota and Minnesota, he wrote, but “for other states like mine, and regions where one party dominates and people are poor, election fraud is a constant curse.”
  • Taking a page from Reagan and Weyrich, McConnell wrote that “relatively low voter turnout is a sign of a content democracy,” an observation that was, he argued, “heresy to some, blasphemy to others, and worst of all, politically incorrect.” Motor Voter could “foster election fraud and thus debase the entire political process,” he wrote. And anyway, “We should ask ourselves: How easy should voting be? Is it too much to ask that people have a passing interest in the political process, 10, 20, or 30 days prior to an election and that they go down to the courthouse, or the library, to register?”
  • Rep. Spencer Bachus of Alabama was more explicit, alleging that the Motor Voter bill would register “millions of welfare recipients, illegal aliens, and taxpayer funded entitlement recipients.”
  • In 1992, George H.W. Bush vetoed Motor Voter, calling it an “open invitation to fraud and corruption.” But it passed the next year, essentially on a party line vote, and Bill Clinton signed it into law.
  • Motor Voter was responsible for tens of millions of new voter registrations. But its roll-out wasn’t smooth. Many states resisted implementing parts of it, particularly the part about letting people sign up to vote at the offices where they received government benefits. In 1994, McConnell pushed to remove WIC offices from the list of places where voter registration must be offered. This had nothing to do with his original opposition to Motor Voter, he insisted. He was just concerned that “WIC workers will have to spend valuable time and money on an activity that is totally unrelated to the mission of the WIC program.”
  • Between 1999 and 2000, the Jeb Bush administration carried out a voter purge with a sloppy vengeance. It contracted with a private company, DBT, to produce “scrub lists” of ineligible voters. In her recounting of this episode, the New Yorker’s Jane Mayer notes that DBT received an award for “innovative excellence” in 1999 by a conservative group called the Voting Integrity Project, which had been pushing states to purge their rolls. DBT’s lists ended up including almost 1 percent of Florida’s electorate and nearly 3 percent of its black voters. But they were enormously messy.
  • voters were identified as candidates for the purge just because “their name, gender, birthdate and race matched — or nearly matched — one of the tens of millions of ex-felons in the United States.” DBT proposed refining its lists using address histories or financial records, but the state declined to take it up on the offer.
  • Similar purges went down across the country. A report drawn up by the House Judiciary Committee’s Democratic staff after the 2000 election found that “voters in the majority of states reported being improperly excluded or purged from voting rolls.”
  • As Joshua A. Douglas, a University of Kentucky law professor, tells the story, Bond took the stage at an Election Night rally, pounding the podium and screaming “this is an outrage!” He blamed Ashcroft’s loss on votes cast by dead people and dogs. Specifically, Bond spoke frequently of a Springer Spaniel named Ritzy Mekler. As it turned out, someone had indeed registered Ritzy, but the dog never cast a vote. Later investigations found only six definitively illegitimate votes out of the more than 2 million cast in all of Missouri that year.
  • But the post-election chaos in Florida that year was, of course, of a whole different order, and would refocus the GOP for more than a decade on the potency of a handful of votes
  • Today, though, Griffin is happily serving as lieutenant governor of Arkansas. Gonzales avoided criminal charges and now serves as dean of Belmont University in Tennessee. Hans von Spakovsky and one of the conservative activists Bradley Schlozman had hired as a DOJ attorney, J. Christian Adams, reprised their Bush-era roles by becoming members of Trump’s voter fraud commission last year. Few of the other people responsible for spreading the voter fraud myth faced any consequences at all.
  • for Republicans, one clear lesson from 2000 was that any move to keep potential Democratic voters away from the polls might win them an election.
  • Ultimately, the federal ID requirement wasn’t terribly onerous, but Minnite writes that it was significant; it “embedded a party tactic into federal law and signaled approval for a new partisan movement in the states to encumber voters with unnecessary identification requirements.”
  • In the next presidential election year, 2004, talk of voter fraud was everywhere. Conservative activists targeted the community group ACORN in multiple states where it was registering voters. (In several cases, the organization’s employees turned out to have forged the registration forms — but not in the hope of casting illegitimate votes. Instead, they were trying to hit a quota set by the organization that required volunteers to collect a certain number of registrations.) In Washington State, after a super-close gubernatorial election, Republican Dino Rossi refused to concede until nearly six months after his opponent was sworn in, claiming there was illegal voting. And back in Florida, the Bush campaign got caught with caging lists made up of mostly African-American voters that it planned to use to challenge people at the polls.
  • Rove was convinced that some U.S. attorneys weren’t doing enough to make hay over voter fraud charges. Between 2005 and 2006, the administration fired nine U.S. attorneys. It would become one of the major scandals of the Bush presidency.
  • One of the fired attorneys, David C. Iglesias of New Mexico, later explained that he’d been asked to resign after declining to file corruption charges against local Democrats. Another, John McKay of Washington, said he suspected his firing had to do with his decision not to call a grand jury to investigate voter fraud in the governor’s race in 2004, which Rossi lost by just a few hundred votes. The Washington Post reported that five of the 12 U.S. attorneys the administration dismissed or considered for dismissal in 2006 oversaw districts that Rove and his deputies saw as “trouble spots for voter fraud,” including New Mexico, Nevada, Washington State, Kansas City and Milwaukee
  • Gonzales and the Justice Department later acknowledged that they had fired U.S. Attorney Bud Cummings in Arkansas to make way for Tim Griffin, a former Rove aid who had been involved with the caging in Florida in 2004. Griffin ended up stepping down from the post in 2007 after the scandal broke, and Gonzales lost his own job later that summer.
  • Given the astoundingly slim final official margin of 537 votes, it was easy for observers to rightfully attribute the outcome to any number of efforts to skew the vote or accidents of history: If Republicans hadn’t convinced state officials to count overseas absentee ballots that didn’t comply with state laws, or if the state hadn’t disenfranchised thousands of people falsely judged to be felons, or if Ralph Nader hadn’t run, or if Palm Beach County hadn’t used weirdly designed ballots, everything might have been different.
  • This past January, a judge allowed the 1982 consent decree that banned the RNC from racially motivated voter security operations to expire. In June, the Supreme Court ruled that Ohio could purge occasional voters from its voter rolls if they don’t return a mailed address-confirmation form.
Javier E

'Exhibit A': How McKinsey Got Entangled in a Bribery Case - The New York Times - 0 views

  • McKinsey says it advised Boeing of the risks of working with the oligarch and recommended “character due diligence.” Attached to its evaluation was a single PowerPoint slide in which McKinsey described what it said was the potential partner’s strategy for winning mining permits. It included bribing Indian officials.
  • The partner’s plan, McKinsey noted, was to “respect traditional bureaucratic process including use of bribes.” McKinsey also wrote that the partner had identified eight “key Indian officials” — named in the PowerPoint slide — whose influence was needed for the deal to go through. Nowhere in the slide did McKinsey advise that such a scheme would be illegal or unwise.
  • The story of McKinsey’s role in the episode has remained hidden from public view for 12 years. Even today the firm’s ultimate recommendation and how its client, Boeing, responded remain something of a mystery, cloaked in the secrecy of grand jury proceedings. But McKinsey’s reference to illegal acts has thrust the firm into a tangled international battle over the extradition of Mr. Firtash, who has been charged in the United States with bribing Indian officials in anticipation of getting titanium for Boeing
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  • Neither McKinsey nor Boeing was charged in the case, and Boeing has not been accused of paying bribes. But several employees of the two companies are believed to have testified before a grand jury. Boeing continued to pursue the venture even after being advised that its partner’s plans included paying bribes, records show
  • As orders flooded in, Boeing executives knew well what was at stake. In an article about the Dreamliner, The M.I.T. Technology Review quoted a manager saying, “If we get it wrong, it’s the end.”
  • But Boeing faced a more basic question: Should it even be doing business with this group — largely little-known figures from India, Sri Lanka and Hungary? The exception was the leader and leading financier, Mr. Firtash, who had expertise as the owner of titanium processing plants in Ukraine.
  • This was the business plan that McKinsey was brought in to assess, the plan that its report described as including the paying of bribes.
  • then there was the curious timing of the Americans’ pursuit of Mr. Firtash, which the judge suspected was linked to his influence in Ukrainian politics, especially his help in electing the president, Viktor F. Yanukovych, in 2010.
  • As soon as it became clear that Mr. Yanukovych, under pressure from Russia, was reconsidering signing the European Union agreement, the judge pointed out, an American delegation traveled to Kiev to bring him in line.Facing the prospect that Mr. Firtash might sway Mr. Yanukovych and use his connections to help him remain in power, the United States asked Austria to arrest the oligarch, the judge said.
  • Then, a few days before the planned arrest, the documents show, came another urgent message: “As part of a larger strategy, U.S. authorities have determined we need to pass up this opportunity.” No arrest. No explanation of the larger strategy.
  • To the surprise of American officials, the judge denied extradition on the grounds that the request was politically motivated, whether or not Mr. Firtash was “sufficiently suspected” of breaking the law.
  • In response to questions from The Times, Dan Webb, one of Mr. Firtash’s lawyers and a former United States attorney in Chicago, said his client had nothing to do “with the creation or presentation of the PowerPoint slide proposing bribery and used by U.S. prosecutors to support extradition of Firtash.” He accused prosecutors of falsely telling Austrian officials that the slide constituted “clear proof” that Mr. Firtash was behind the bribery scheme, adding that “U.S. prosecutors never withdrew their false statement.
anonymous

Man Threatened to Lynch 2 Congressmen, U.S. Says - The New York Times - 0 views

  • A judge on Monday ordered Kenneth R. Hubert of Missouri held in jail, saying his words rose to the level of posing danger.
  • A Missouri man who prosecutors say threatened to lynch a Black congressman the day after the Jan. 6 siege at the U.S. Capitol and a Jewish congressman in 2019 was ordered by a federal judge on Monday to remain in custody.
  • In a May 6, 2019, phone call to Mr. Cohen’s office in Washington, Mr. Hubert told a staff member that he had “a noose with the congressman’s name on it” and planned to “put a noose around his neck and drag him behind his pickup truck,” according to a transcript released by prosecutors.
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  • Mr. Hubert, words have meaning,” Chief Magistrate Judge David P. Rush said, according to The Kansas City Star. “And your words rise to the level of posing a danger.”
  • Mr. Hubert had previously made derogatory and threatening comments in phone calls to the Council on American-Islamic Relations in St. Louis and a federal judge in Montana, prosecutors said.
mattrenz16

Merrick Garland Is Confirmed as Attorney General - The New York Times - 0 views

  • WASHINGTON — The Senate voted to confirm Merrick B. Garland on Wednesday to serve as attorney general, giving the former prosecutor and widely respected federal judge the task of leading the Justice Department at a time when the nation faces domestic extremist threats and a reckoning over civil rights.
  • “Attorney General Garland will lead the Department of Justice with honesty and integrity,” Senator Richard J. Durbin, Democrat of Illinois and the chairman of the Senate Judiciary Committee, said in a statement. “He has a big job ahead of him, but I can’t think of anyone I’d rather have in his place.”
  • Judge Garland has amassed decades of credentials in the law. He clerked for Justice William J. Brennan Jr., worked for years as a federal prosecutor and led major investigations into the 1995 Oklahoma City bombing and others before being confirmed to the Court of Appeals for the District of Columbia Circuit in 1997.
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  • He was chosen by President Barack Obama in 2016 to join the Supreme Court only to see his nomination held up for eight months in an audacious political maneuver by Senator Mitch McConnell, Republican of Kentucky and the majority leader at the time. The move ultimately allowed Mr. Trump to choose his own nominee to fill the seat.
  • But Mr. McConnell, who said last year that he would support Judge Garland to serve as attorney general, was among the Republicans who voted for his confirmation and a day earlier to end debate over his nomination, paving the way for the full Senate to vote.
  • The Capitol riot investigation has grown closer to Roger J. Stone Jr., one of Mr. Trump’s allies, and the F.B.I. has found evidence of communications between right-wing extremists and White House associates, underscoring how closely Mr. Trump had aligned himself with such groups during his presidency.
  • “I supervised the prosecution of the perpetrators of the bombing of the Oklahoma City federal building, who sought to spark a revolution that would topple the federal government,” he said. “I will supervise the prosecution of white supremacists and others who stormed the Capitol on Jan. 6, a heinous attack that sought to disrupt a cornerstone of our democracy, the peaceful transfer of power to a newly elected government.”
  • But Mr. McConnell refused to consider his nomination, and Mr. Trump selected Neil M. Gorsuch to fill the vacant seat in 2017. Judge Garland stayed on at the appeals court.
mattrenz16

Trump vs Biden Election Live Updates: Bitter Campaign Closes With Late Rallies - The Ne... - 0 views

  • There were the staggering early vote totals, with a record 97.6 million people already casting their ballots by mail or in person — a tectonic shift away from one-day voting that has been the staple of the American electoral system — and predictions that the total turnout would break the record set in 2016, when nearly 139 million people voted.
  • There was the legal wrangling that has been a feature of this campaign even before Election Day, with a federal judge in Texas on Monday rejecting Republican efforts to invalidate more than 127,000 votes that were cast at drive-through locations in a Democratic stronghold.
  • The coronavirus pandemic, which has left millions unemployed and millions more confined to working or taking classes from their homes, was never far from the surface.
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  • And there were efforts to set expectations, as the Biden campaign and social media giants like Facebook and Twitter reminded voters that the results of the election may not be known on Tuesday, given the tens of millions of mailed-in ballots that must be counted and the number of key states that do not expect to have full counts on the first day.
  • The lawsuit was one of the most aggressive moves by Republicans in an election marked by more than 400 voting-related lawsuits.
  • Judge Andrew S. Hanen, a federal judge who was appointed by President George W. Bush, held an emergency hearing for the lawsuit on Monday and ruled against tossing the ballots. On Sunday, the all-Republican Texas Supreme Court had rejected a similar effort to get those ballots tossed out.
saberal

Republicans Set to Advance Barrett Nomination Amid Democratic Boycott - The New York Times - 0 views

  • Republicans on the Senate Judiciary Committee were prepared on Thursday to advance the nomination of Judge Amy Coney Barrett to the Supreme Court, planning to skirt the panel’s rules and vote to recommend her confirmation as Democrats boycott the session.
  • Democrats, livid over the extraordinarily speedy process, planned to spurn the committee vote altogether. By doing so, they effectively dared Republicans to break their own rules to muscle the nomination through.
  • Democrats were particularly angry that Republicans had reversed themselves since 2016, when they refused to consider President Barack Obama’s Supreme Court nominee nine months before the election that year.
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  • Republicans intended to proceed anyway, even if it meant tossing out Judiciary Committee rules that required members of the minority party to be present to conduct official business.
  • New public polling suggests American voters may increasingly be on the side of Republicans, with opposition to Judge Barrett’s confirmation before the election waning, even among Democrats.
  • The boycott on Thursday was arguably their most drastic step yet, but Democrats have repeatedly turned to dilatory tactics to try to frame the fight, fluster Republicans and show liberals they are doing all they can to push back on Judge Barrett’s nomination.
  • Democrats had briefly discussed boycotting Judge Barrett’s confirmation hearings last week, but they decided against giving up their only chance to publicly and directly question the nominee about her legal philosophy and record. But now, with confirmation all but preordained, they reasoned a boycott would show the party’s progressive base they had fought until the end.
martinelligi

Justice Barrett's Vote Could Tilt the Supreme Court on Gun Rights - The New York Times - 0 views

  • A Second Amendment case decided last week by the federal appeals court in Philadelphia is a promising candidate for Supreme Court review, not least because it presents an issue on which Justice Barrett has already taken a stand.
  • It concerns Lisa M. Folajtar, who would like to buy a gun. But she is a felon, having pleaded guilty to tax evasion, which means under federal law she may not possess firearms.
  • She sued, arguing that the law violated her Second Amendment rights. A divided three-judge panel of appeals court rejected her challenge, saying that committing a serious crime has consequences. It can lead to losing the right to vote, to serve on a jury — or to have a gun.
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  • “Lisa Folajtar asks us to treat her as an equal member of society,” he wrote. “Though her tax-fraud conviction affects some of her privileges, it does not change her right to keep and bear arms.”
  • “History does not support the proposition that felons lose their Second Amendment rights solely because of their status as felons,” she wrote. “But it does support the proposition that the state can take the right to bear arms away from a category of people that it deems dangerous.”
  • Voting and jury service are different, she wrote, because those are “rights that depend on civic virtue.”
  • In 2017, for instance, Justice Clarence Thomas, joined by Justice Neil M. Gorsuch, wrote that they had detected “a distressing trend: the treatment of the Second Amendment as a disfavored right.”
  • In June, however, the court turned down some 10 appeals in Second Amendment cases. Since it takes only four votes to grant review, there is good reason to think that the court’s conservative wing was unsure it could secure Chief Justice John G. Roberts Jr.’s vote.Justice Barrett’s arrival changes the calculus. Should Ms. Folajtar appeal to the Supreme Court, it is a good bet that Justice Barrett will find her arguments persuasive.
  • Dissenting from that ruling, Justice Samuel A. Alito Jr. noted that the Heller decision “recognized that history supported the constitutionality of some laws limiting the right to possess a firearm,” including ones “prohibiting possession by felons and other dangerous individuals.”That last phrase, which did not appear in the earlier decision, may be significant. In shifting the focus to dangerousness, it seemed to open the door to the position taken by Justice Barrett.
  • For years, conservative justices have said the court disfavors the Second Amendment. Justice Amy Coney Barrett is likely to shift the balance, and a case to help her do so may be knocking.
  • ThanksgivingWelcome to Homeownership
  • In dissent, Judge Stephanos Bibas, a former law professor appointed to the court by President Trump (and the author of a scathing decision on Friday rejecting the president’s challenge to the election results in Pennsylvania), wrote that the framers of the Constitution would not have allowed lawmakers to bar felons convicted of nonviolent crimes from owning guns.
  • That dissent was written by Justice Barrett when she was a judge on the federal appeals court in Chicago. The law forbidding people with felony convictions from owning guns, she wrote, should not apply when the crimes in question were nonviolent.
  • Before Justice Barrett’s arrival, the court’s four most conservative justices had repeatedly written that the court should return to the subject of the Second Amendment
katherineharron

Amy Coney Barrett hearing: Takeaways from Wednesday - CNNPolitics - 0 views

  • Barrett again declined to preview how she would rule on potential cases during her confirmation hearing, as she did for the previous two days, seeking to portray herself as an independent judge without an agenda.
  • Lindsey Graham seemed to suggest that Barrett would vote to uphold the Affordable Care Act in an upcoming case because of a judicial principle known as severability, defending himself from political attacks in his tough reelection race against Democrat Jaime Harrison.
  • "From a conservative point of view, generally speaking, we want legislative bodies to make laws, not judges," Graham said later. "Would it be further true that if you can preserve a statue you try to, to the extent possible?"
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  • "That is true," Barrett responded.
  • California Sen. Dianne Feinstein, the Judiciary Committee's top Democrat, also asked the nominee about the severability doctrine. Barrett explained to Feinstein that the doctrine was like a game of "Jenga," where a court must decide whether a law can stand if it pulls out part of it.
  • Vermont Democratic Sen. Patrick Leahy said that Barrett had not written or spoken in defense of the ACA but had publicly criticized the court and Chief Justice John Roberts for voting to uphold sections of it. Barrett said on Wednesday she had previously spoken as an academic rather than as a judge, and had "never had occasion to speak on the policy question."
  • Barrett later told Minnesota Democratic Sen. Amy Klobuchar, "I have no animus to, or agenda for, the Affordable Care Act."
  • Barrett said, "No one is above the law," but declined to answer the question, saying it "has never been litigated."
  • "So because it would be opining on an open question when I haven't gone through the judicial process to decide it, it's not one in which I can offer a view."
  • Delaware Democratic Sen. Chris Coons asked Barrett if she agreed with her mentor and former boss, the late Justice Antonin Scalia, that Griswold v. Connecticut, which established that married couples have a right to obtain and use contraception in the privacy of their own home, was wrongly decided.
  • She explained that it's "unthinkable that any legislature would pass such a law" prohibiting the use of birth control and that it's "very unlikely" a lower court would buck the Supreme Court precedent.
  • Barrett said that "the only reason that it's even worth asking that question" is because the 1965 case underpins the 1973 landmark case Roe v. Wade, which found a constitutional right to abortion. "So because Griswold involves substantive due process, an area that remains subject to litigation to the country, I don't think it's an issue or case that I can opine on," she said. "But nor do I think Griswold is in danger of going anywhere."
  • California Sen. Kamala Harris, the Democratic vice presidential nominee, asked Barrett about Shelby County v. Holder, which allowed some jurisdictions with a history of voter suppression to escape additional federal scrutiny under the 1965 Voting Rights Act.
  • "I think racial discrimination still exists in the United States, and I think we've seen evidence of that this summer," added Barrett.Harris later asked Harris if Covid-19 is infectious, whether smoking causes cancer and whether climate change is "happening and is threatening the air we breathe and the water we drink."
  • "I will not do that," she said. "I will not express a view on a matter of public policy, especially one that is politically controversial because that's inconsistent with the judicial role as I have explained."
  • Republican senators appeared confident on Wednesday that they will confirm the Notre Dame law professor and judge on the 7th US Circuit Court of Appeals by the end of the month, giving conservatives a strong 6-3 majority on the Supreme Court.
lilyrashkind

Ketanji Brown Jackson: Key takeaways from the Supreme Court confirmation hearings - CNN... - 0 views

  • Judge Ketanji Brown Jackson spent three days in front of the Senate Judiciary Committee -- two of them marathon sessions of questioning -- where she described herself as an impartial and transparent jurist, while taking a calm but forceful tone to push back at GOP claims about her record. The dueling themes that Democrats and Republicans wanted to present about her nomination were punched up in a final day of testimony from outside witnesses Thursday.
  • While she may pick up a few Republican votes, several GOP senators have sought to paint her as a soft on crime, "activist" judge, as they've used her hearings to showcase their messaging themes against Democrats heading into November's midterms.
  • "I am here, standing on the shoulders of generations of Americans who never had anything close to this kind of opportunity," Jackson said Tuesday. She highlighted how her grandparents received little formal education and that her parents went to segregated lower schools in Miami, before studying at Howard University.
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  • As the Senate's questioning was close to winding up Wednesday, Jackson -- at the request of California Democratic Sen. Alex Padilla -- reflected on what message she'd give to young people feeling doubtful of their own abilities as they watched her ascent. She recalled feeling out of place and homesick during her first semester at Harvard University as an undergraduate
  • Coming out of the hearings, Democrats were insistent as ever that Jackson belonged on America's highest court and that they intended to put her there. "She will be confirmed. She will be a star on the Supreme Court," Sen. Patrick Leahy, a Vermont Democrat, said after Wednesday's hearing. "And I for one will proudly cast my vote for her."
  • In the lead-up to the hearings, Republicans previewed a "dignified" approach to the nominee that would be "respectful" in tone and "substantive" in content.
  • "underscores the dangers of the kind of progressive education that we are hearing about."
  • Several of Jackson's harshest questioners are believed to be in contention for a 2024 presidential run. Other talking points GOP has forecast for the 2022 midterm campaign also made their way into the questioning. Cruz badgered her about "critical race theory" -- an academic discipline that looks at system racism, even as Jackson insisted it plays no role in how she approaches judging. At one point he grilled her on the presence of the children's book "Antiracist Baby" in the curriculum of the private school for which Jackson serves on the board.
  • The proceedings were at their ugliest in the lines of Republican inquiry focused on the sentences Jackson handed down in select set of child pornography cases. Republicans argued that she was unduly lenient towards those offenders -- a claim at odds with the fact that her record is mostly in line with how judges typically approach these cases.
  • The Republicans said that they were disappointed she didn't identify a specific judicial philosophy -- like the originalism or textualism strains favored by conservatives -- that she followed. But just as notable was the distance she put between herself and the judicial approaches that had typically been heralded by progressives.
  • Republicans make a case for the Supreme Court to revisit Roe, same-sex marriage and other key rulings
  • He suggested that the legal basis for that ruling -- a concept known as substantive due process, that also underpins rulings on interracial marriage and birth control -- was principle that "allows the court to substitute its opinion for the elected representatives of the people."
lilyrashkind

Judge asks if second Trump term should matter in case over his taxes - CNNPolitics - 0 views

  • (CNN)A federal appellate judge considering whether Donald Trump should be forced to turn over his tax returns to Congress suggested on Thursday that he could become president again -- and that could be a factor in the case. "We have a situation that involves a sitting President and a former President. If this drags out, for all we know he could be a sitting president again," Judge Karen Henderson, of the US Court of Appeals for the DC Circuit, noted on Thursday.
  • At times, the case has appeared to be the clearest route for the House to obtain Trump's financial documents. But it has moved slowly, and moved forward only after Trump left office. Meanwhile, Trump and the House have faced off in a handful of other cases where Democratic-led legislative committees have subpoenaed his records.
  • The lower court judge, Trevor McFadden, a Trump appointee, ruled the court couldn't block Congress from getting the tax returns, because of the separation of powers between the judiciary and the legislative branches and binding Supreme Court rulings that give Congress broad latitude to pursue its inquiries.
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  • In the Mazars subpoena case, which still hasn't been resolved, the courts need to weigh Congress' powers and the presidency."We've got to look at this not as musical chairs, who's changing, who's withdrawing, and who's leaving office and so forth," Henderson added on Thursday. The appeals court isn't likely to rule for months, and any outcome could still be appealed to the Supreme Court or head through multiple additional rounds in lower-level courts.
proudsa

Will the Constitution Protect Your Next Smartphone? - The Atlantic - 0 views

  • he preeminent cyber-prophet of the day
  • The next frontier—devices that can detect an authorized user based solely on the quirks of how they interact with it—is just around the bend.
  • Will new unlocking methods enjoy the same Fifth Amendment protections that prevent the government from forcing a person to give up their passwords?
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  • Indeed, just a year later, a Virginia judge ruled that police could force a person to unlock his own iPhone with his fingerprint. And this February, a federal judge in Los Angeles signed a search warrant that compelled a 29-year-old woman to do the same.
  • “Unlocking devices through biometric systems generally won’t raise Fifth Amendment issues.”
  • “When you put your fingerprint on the phone, you’re actually communicating something,” Gidari said. “You’re saying, ‘Hi, it’s me. Please open up.’”
  • With that nuanced a system, it’s unclear how police could force a user to retrieve information from a phone, even with a legal court order in hand.
  • It’s possible that a more advanced system, however, would be able to pick up even a slight tremor of fear and lock up.
  • a strong, memorized password remains the only foolproof way to get away with invoking the Fifth and keep your phone locked.
Javier E

Blaming the Chief Justice - The New York Times - 0 views

  • In trying to understand how one of the most conservative members of the most conservative court in decades has come to be viewed by fellow conservatives as an enemy of the people, several possible explanations come to mind.
  • Derangement may be one. A mind-clouding obsession with the Affordable Care Act is another.
  • The scapegoating of Chief Justice Roberts is the clearest demonstration yet of a profound shift in the political polarity of judicial activism.
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  • For decades, conservative politicians railed against the “judicial activism” of judges who overturned democratically enacted legislation, accusing such judges of seeking to use the power of the courts to impose their own political and social agendas
  • Now it’s judges who decline to strike down laws who stand accused of being political. Not so long ago, “judicial restraint” was a conservative goal against which judicial performance was measured. Now it’s an epithet hurled at, of all people, Chief Justice Roberts
  • whose opinion four years ago gutting the Voting Rights Act of 1965 on the basis of a newly manufactured theory of federalism was undoubtedly one of the most activist of all recent Supreme Court decisions. That was the good kind of activism, it seems. Nothing political there. It’s judicial restraint that’s political.
  • The fear of judicial restraint runs deep. Ilya Shapiro, the Cato Institute scholar who blamed John Roberts for Donald Trump, expressed it vividly. Lamenting the failure of the attack on the Affordable Care Act, he wrote, seemingly without irony: “Constitutional conservatism simply couldn’t survive judicial conservatism.”
Javier E

President Obama's Interview With Jeffrey Goldberg on Syria and Foreign Policy - The Atl... - 0 views

  • The president believes that Churchillian rhetoric and, more to the point, Churchillian habits of thought, helped bring his predecessor, George W. Bush, to ruinous war in Iraq.
  • Obama entered the White House bent on getting out of Iraq and Afghanistan; he was not seeking new dragons to slay. And he was particularly mindful of promising victory in conflicts he believed to be unwinnable. “If you were to say, for instance, that we’re going to rid Afghanistan of the Taliban and build a prosperous democracy instead, the president is aware that someone, seven years later, is going to hold you to that promise,” Ben Rhodes, Obama’s deputy national-security adviser, and his foreign-policy amanuensis, told me not long ago.
  • Power is a partisan of the doctrine known as “responsibility to protect,” which holds that sovereignty should not be considered inviolate when a country is slaughtering its own citizens. She lobbied him to endorse this doctrine in the speech he delivered when he accepted the Nobel Peace Prize in 2009, but he declined. Obama generally does not believe a president should place American soldiers at great risk in order to prevent humanitarian disasters, unless those disasters pose a direct security threat to the United States.
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  • Obama’s resistance to direct intervention only grew. After several months of deliberation, he authorized the CIA to train and fund Syrian rebels, but he also shared the outlook of his former defense secretary, Robert Gates, who had routinely asked in meetings, “Shouldn’t we finish up the two wars we have before we look for another?”
  • In his first term, he came to believe that only a handful of threats in the Middle East conceivably warranted direct U.S. military intervention. These included the threat posed by al‑Qaeda; threats to the continued existence of Israel (“It would be a moral failing for me as president of the United States” not to defend Israel, he once told me); and, not unrelated to Israel’s security, the threat posed by a nuclear-armed Iran.
  • Bush and Scowcroft removed Saddam Hussein’s army from Kuwait in 1991, and they deftly managed the disintegration of the Soviet Union; Scowcroft also, on Bush’s behalf, toasted the leaders of China shortly after the slaughter in Tiananmen Square.
  • As Obama was writing his campaign manifesto, The Audacity of Hope, in 2006, Susan Rice, then an informal adviser, felt it necessary to remind him to include at least one line of praise for the foreign policy of President Bill Clinton, to partially balance the praise he showered on Bush and Scowcroft.
  • “When you have a professional army,” he once told me, “that is well armed and sponsored by two large states”—Iran and Russia—“who have huge stakes in this, and they are fighting against a farmer, a carpenter, an engineer who started out as protesters and suddenly now see themselves in the midst of a civil conflict …” He paused. “The notion that we could have—in a clean way that didn’t commit U.S. military forces—changed the equation on the ground there was never true.”
  • The message Obama telegraphed in speeches and interviews was clear: He would not end up like the second President Bush—a president who became tragically overextended in the Middle East, whose decisions filled the wards of Walter Reed with grievously wounded soldiers, who was helpless to stop the obliteration of his reputation, even when he recalibrated his policies in his second term. Obama would say privately that the first task of an American president in the post-Bush international arena was “Don’t do stupid shit.”
  • Hillary Clinton, when she was Obama’s secretary of state, argued for an early and assertive response to Assad’s violence. In 2014, after she left office, Clinton told me that “the failure to help build up a credible fighting force of the people who were the originators of the protests against Assad … left a big vacuum, which the jihadists have now filled.” When The Atlantic published this statement, and also published Clinton’s assessment that “great nations need organizing principles, and ‘Don’t do stupid stuff’ is not an organizing principle,” Obama became “rip-shit angry,” according to one of his senior advisers. The president did not understand how “Don’t do stupid shit” could be considered a controversial slogan.
  • The Iraq invasion, Obama believed, should have taught Democratic interventionists like Clinton, who had voted for its authorization, the dangers of doing stupid shit. (Clinton quickly apologized to Obama for her comments,
  • Obama, unlike liberal interventionists, is an admirer of the foreign-policy realism of President George H. W. Bush and, in particular, of Bush’s national-security adviser, Brent Scowcroft (“I love that guy,” Obama once told me).
  • The danger to the United States posed by the Assad regime did not rise to the level of these challenges.
  • Obama generally believes that the Washington foreign-policy establishment, which he secretly disdains, makes a fetish of “credibility”—particularly the sort of credibility purchased with force. The preservation of credibility, he says, led to Vietnam. Within the White House, Obama would argue that “dropping bombs on someone to prove that you’re willing to drop bombs on someone is just about the worst reason to use force.”
  • American national-security credibility, as it is conventionally understood in the Pentagon, the State Department, and the cluster of think tanks headquartered within walking distance of the White House, is an intangible yet potent force—one that, when properly nurtured, keeps America’s friends feeling secure and keeps the international order stable.
  • All week, White House officials had publicly built the case that Assad had committed a crime against humanity. Kerry’s speech would mark the culmination of this campaign.
  • But the president had grown queasy. In the days after the gassing of Ghouta, Obama would later tell me, he found himself recoiling from the idea of an attack unsanctioned by international law or by Congress. The American people seemed unenthusiastic about a Syria intervention; so too did one of the few foreign leaders Obama respects, Angela Merkel, the German chancellor. She told him that her country would not participate in a Syria campaign. And in a stunning development, on Thursday, August 29, the British Parliament denied David Cameron its blessing for an attack. John Kerry later told me that when he heard that, “internally, I went, Oops.”
  • Obama was also unsettled by a surprise visit early in the week from James Clapper, his director of national intelligence, who interrupted the President’s Daily Brief, the threat report Obama receives each morning from Clapper’s analysts, to make clear that the intelligence on Syria’s use of sarin gas, while robust, was not a “slam dunk.” He chose the term carefully. Clapper, the chief of an intelligence community traumatized by its failures in the run-up to the Iraq War, was not going to overpromise, in the manner of the onetime CIA director George Tenet, who famously guaranteed George W. Bush a “slam dunk” in Iraq.
  • While the Pentagon and the White House’s national-security apparatuses were still moving toward war (John Kerry told me he was expecting a strike the day after his speech), the president had come to believe that he was walking into a trap—one laid both by allies and by adversaries, and by conventional expectations of what an American president is supposed to do.
  • Late on Friday afternoon, Obama determined that he was simply not prepared to authorize a strike. He asked McDonough, his chief of staff, to take a walk with him on the South Lawn of the White House. Obama did not choose McDonough randomly: He is the Obama aide most averse to U.S. military intervention, and someone who, in the words of one of his colleagues, “thinks in terms of traps.” Obama, ordinarily a preternaturally confident man, was looking for validation, and trying to devise ways to explain his change of heart, both to his own aides and to the public
  • The third, and most important, factor, he told me, was “our assessment that while we could inflict some damage on Assad, we could not, through a missile strike, eliminate the chemical weapons themselves, and what I would then face was the prospect of Assad having survived the strike and claiming he had successfully defied the United States, that the United States had acted unlawfully in the absence of a UN mandate, and that that would have potentially strengthened his hand rather than weakened it.
  • Others had difficulty fathoming how the president could reverse himself the day before a planned strike. Obama, however, was completely calm. “If you’ve been around him, you know when he’s ambivalent about something, when it’s a 51–49 decision,” Ben Rhodes told me. “But he was completely at ease.”
  • Obama also shared with McDonough a long-standing resentment: He was tired of watching Washington unthinkingly drift toward war in Muslim countries. Four years earlier, the president believed, the Pentagon had “jammed” him on a troop surge for Afghanistan. Now, on Syria, he was beginning to feel jammed again.
  • The fourth factor, he said, was of deeper philosophical importance. “This falls in the category of something that I had been brooding on for some time,” he said. “I had come into office with the strong belief that the scope of executive power in national-security issues is very broad, but not limitless.”
  • Obama’s decision caused tremors across Washington as well. John McCain and Lindsey Graham, the two leading Republican hawks in the Senate, had met with Obama in the White House earlier in the week and had been promised an attack. They were angered by the about-face. Damage was done even inside the administration. Neither Chuck Hagel, then the secretary of defense, nor John Kerry was in the Oval Office when the president informed his team of his thinking. Kerry would not learn about the change until later that evening. “I just got fucked over,” he told a friend shortly after talking to the president that night. (When I asked Kerry recently about that tumultuous night, he said, “I didn’t stop to analyze it. I figured the president had a reason to make a decision and, honestly, I understood his notion.”)
  • The president asked Congress to authorize the use of force—the irrepressible Kerry served as chief lobbyist—and it quickly became apparent in the White House that Congress had little interest in a strike. When I spoke with Biden recently about the red-line decision, he made special note of this fact. “It matters to have Congress with you, in terms of your ability to sustain what you set out to do,” he said. Obama “didn’t go to Congress to get himself off the hook. He had his doubts at that point, but he knew that if he was going to do anything, he better damn well have the public with him, or it would be a very short ride.” Congress’s clear ambivalence convinced Biden that Obama was correct to fear the slippery slope. “What happens when we get a plane shot down? Do we not go in and rescue?,” Biden asked. “You need the support of the American people.”
  • At the G20 summit in St. Petersburg, which was held the week after the Syria reversal, Obama pulled Putin aside, he recalled to me, and told the Russian president “that if he forced Assad to get rid of the chemical weapons, that that would eliminate the need for us taking a military strike.” Within weeks, Kerry, working with his Russian counterpart, Sergey Lavrov, would engineer the removal of most of Syria’s chemical-weapons arsenal—a program whose existence Assad until then had refused to even acknowledge.
  • The arrangement won the president praise from, of all people, Benjamin Netanyahu, the Israeli prime minister, with whom he has had a consistently contentious relationship. The removal of Syria’s chemical-weapons stockpiles represented “the one ray of light in a very dark region,” Netanyahu told me not long after the deal was announced.
  • John Kerry today expresses no patience for those who argue, as he himself once did, that Obama should have bombed Assad-regime sites in order to buttress America’s deterrent capability. “You’d still have the weapons there, and you’d probably be fighting isil” for control of the weapons, he said, referring to the Islamic State, the terror group also known as isis. “It just doesn’t make sense. But I can’t deny to you that this notion about the red line being crossed and [Obama’s] not doing anything gained a life of its own.”
  • today that decision is a source of deep satisfaction for him.
  • “I’m very proud of this moment,” he told me. “The overwhelming weight of conventional wisdom and the machinery of our national-security apparatus had gone fairly far. The perception was that my credibility was at stake, that America’s credibility was at stake. And so for me to press the pause button at that moment, I knew, would cost me politically. And the fact that I was able to pull back from the immediate pressures and think through in my own mind what was in America’s interest, not only with respect to Syria but also with respect to our democracy, was as tough a decision as I’ve made—and I believe ultimately it was the right decision to make.”
  • By 2013, Obama’s resentments were well developed. He resented military leaders who believed they could fix any problem if the commander in chief would simply give them what they wanted, and he resented the foreign-policy think-tank complex. A widely held sentiment inside the White House is that many of the most prominent foreign-policy think tanks in Washington are doing the bidding of their Arab and pro-Israel funders. I’ve heard one administration official refer to Massachusetts Avenue, the home of many of these think tanks, as “Arab-occupied territory.”
  • over the past few months, I’ve spent several hours talking with him about the broadest themes of his “long game” foreign policy, including the themes he is most eager to discuss—namely, the ones that have nothing to do with the Middle East.
  • I have come to believe that, in Obama’s mind, August 30, 2013, was his liberation day, the day he defied not only the foreign-policy establishment and its cruise-missile playbook, but also the demands of America’s frustrating, high-maintenance allies in the Middle East—countries, he complains privately to friends and advisers, that seek to exploit American “muscle” for their own narrow and sectarian ends.
  • “Where am I controversial? When it comes to the use of military power,” he said. “That is the source of the controversy. There’s a playbook in Washington that presidents are supposed to follow. It’s a playbook that comes out of the foreign-policy establishment. And the playbook prescribes responses to different events, and these responses tend to be militarized responses. Where America is directly threatened, the playbook works. But the playbook can also be a trap that can lead to bad decisions. In the midst of an international challenge like Syria, you get judged harshly if you don’t follow the playbook, even if there are good reasons why it does not apply.”
  • For some foreign-policy experts, even within his own administration, Obama’s about-face on enforcing the red line was a dispiriting moment in which he displayed irresolution and naïveté, and did lasting damage to America’s standing in the world. “Once the commander in chief draws that red line,” Leon Panetta, who served as CIA director and then as secretary of defense in Obama’s first term, told me recently, “then I think the credibility of the commander in chief and this nation is at stake if he doesn’t enforce it.” Right after Obama’s reversal, Hillary Clinton said privately, “If you say you’re going to strike, you have to strike. There’s no choice.”
  • Obama’s defenders, however, argue that he did no damage to U.S. credibility, citing Assad’s subsequent agreement to have his chemical weapons removed. “The threat of force was credible enough for them to give up their chemical weapons,” Tim Kaine, a Democratic senator from Virginia, told me. “We threatened military action and they responded. That’s deterrent credibility.”
  • History may record August 30, 2013, as the day Obama prevented the U.S. from entering yet another disastrous Muslim civil war, and the day he removed the threat of a chemical attack on Israel, Turkey, or Jordan. Or it could be remembered as the day he let the Middle East slip from America’s grasp, into the hands of Russia, Iran, and isis
  • spoke with obama about foreign policy when he was a U.S. senator, in 2006. At the time, I was familiar mainly with the text of a speech he had delivered four years earlier, at a Chicago antiwar rally. It was an unusual speech for an antiwar rally in that it was not antiwar; Obama, who was then an Illinois state senator, argued only against one specific and, at the time, still theoretical, war. “I suffer no illusions about Saddam Hussein,” he said. “He is a brutal man. A ruthless man … But I also know that Saddam poses no imminent and direct threat to the United States or to his neighbors.” He added, “I know that an invasion of Iraq without a clear rationale and without strong international support will only fan the flames of the Middle East, and encourage the worst, rather than best, impulses of the Arab world, and strengthen the recruitment arm of al-Qaeda.”
  • This speech had made me curious about its author. I wanted to learn how an Illinois state senator, a part-time law professor who spent his days traveling between Chicago and Springfield, had come to a more prescient understanding of the coming quagmire than the most experienced foreign-policy thinkers of his party, including such figures as Hillary Clinton, Joe Biden, and John Kerry, not to mention, of course, most Republicans and many foreign-policy analysts and writers, including me.
  • This was the moment the president believes he finally broke with what he calls, derisively, the “Washington playbook.”
  • “isis is not an existential threat to the United States,” he told me in one of these conversations. “Climate change is a potential existential threat to the entire world if we don’t do something about it.” Obama explained that climate change worries him in particular because “it is a political problem perfectly designed to repel government intervention. It involves every single country, and it is a comparatively slow-moving emergency, so there is always something seemingly more urgent on the agenda.”
  • At the moment, of course, the most urgent of the “seemingly more urgent” issues is Syria. But at any given moment, Obama’s entire presidency could be upended by North Korean aggression, or an assault by Russia on a member of nato, or an isis-planned attack on U.S. soil. Few presidents have faced such diverse tests on the international stage as Obama has, and the challenge for him, as for all presidents, has been to distinguish the merely urgent from the truly important, and to focus on the important.
  • My goal in our recent conversations was to see the world through Obama’s eyes, and to understand what he believes America’s role in the world should be. This article is informed by our recent series of conversations, which took place in the Oval Office; over lunch in his dining room; aboard Air Force One; and in Kuala Lumpur during his most recent visit to Asia, in November. It is also informed by my previous interviews with him and by his speeches and prolific public ruminations, as well as by conversations with his top foreign-policy and national-security advisers, foreign leaders and their ambassadors in Washington, friends of the president and others who have spoken with him about his policies and decisions, and his adversaries and critics.
  • Over the course of our conversations, I came to see Obama as a president who has grown steadily more fatalistic about the constraints on America’s ability to direct global events, even as he has, late in his presidency, accumulated a set of potentially historic foreign-policy achievements—controversial, provisional achievements, to be sure, but achievements nonetheless: the opening to Cuba, the Paris climate-change accord, the Trans-Pacific Partnership trade agreement, and, of course, the Iran nuclear deal.
  • These he accomplished despite his growing sense that larger forces—the riptide of tribal feeling in a world that should have already shed its atavism; the resilience of small men who rule large countries in ways contrary to their own best interests; the persistence of fear as a governing human emotion—frequently conspire against the best of America’s intentions. But he also has come to learn, he told me, that very little is accomplished in international affairs without U.S. leadership.
  • Obama talked me through this apparent contradiction. “I want a president who has the sense that you can’t fix everything,” he said. But on the other hand, “if we don’t set the agenda, it doesn’t happen.” He explained what he meant. “The fact is, there is not a summit I’ve attended since I’ve been president where we are not setting the agenda, where we are not responsible for the key results,” he said. “That’s true whether you’re talking about nuclear security, whether you’re talking about saving the world financial system, whether you’re talking about climate.”
  • One day, over lunch in the Oval Office dining room, I asked the president how he thought his foreign policy might be understood by historians. He started by describing for me a four-box grid representing the main schools of American foreign-policy thought. One box he called isolationism, which he dismissed out of hand. “The world is ever-shrinking,” he said. “Withdrawal is untenable.” The other boxes he labeled realism, liberal interventionism, and internationalism. “I suppose you could call me a realist in believing we can’t, at any given moment, relieve all the world’s misery,” he said. “We have to choose where we can make a real impact.” He also noted that he was quite obviously an internationalist, devoted as he is to strengthening multilateral organizations and international norms.
  • If a crisis, or a humanitarian catastrophe, does not meet his stringent standard for what constitutes a direct national-security threat, Obama said, he doesn’t believe that he should be forced into silence. He is not so much the realist, he suggested, that he won’t pass judgment on other leaders.
  • Though he has so far ruled out the use of direct American power to depose Assad, he was not wrong, he argued, to call on Assad to go. “Oftentimes when you get critics of our Syria policy, one of the things that they’ll point out is ‘You called for Assad to go, but you didn’t force him to go. You did not invade.’ And the notion is that if you weren’t going to overthrow the regime, you shouldn’t have said anything. That’s a weird argument to me, the notion that if we use our moral authority to say ‘This is a brutal regime, and this is not how a leader should treat his people,’ once you do that, you are obliged to invade the country and install a government you prefer.”
  • “I am very much the internationalist,” Obama said in a later conversation. “And I am also an idealist insofar as I believe that we should be promoting values, like democracy and human rights and norms and values
  • “Having said that,” he continued, “I also believe that the world is a tough, complicated, messy, mean place, and full of hardship and tragedy. And in order to advance both our security interests and those ideals and values that we care about, we’ve got to be hardheaded at the same time as we’re bighearted, and pick and choose our spots, and recognize that there are going to be times where the best that we can do is to shine a spotlight on something that’s terrible, but not believe that we can automatically solve it. There are going to be times where our security interests conflict with our concerns about human rights. There are going to be times where we can do something about innocent people being killed, but there are going to be times where we can’t.”
  • If Obama ever questioned whether America really is the world’s one indispensable nation, he no longer does so. But he is the rare president who seems at times to resent indispensability, rather than embrace it.
  • “Free riders aggravate me,” he told me. Recently, Obama warned that Great Britain would no longer be able to claim a “special relationship” with the United States if it did not commit to spending at least 2 percent of its GDP on defense. “You have to pay your fair share,” Obama told David Cameron, who subsequently met the 2 percent threshold.
  • Part of his mission as president, Obama explained, is to spur other countries to take action for themselves, rather than wait for the U.S. to lead. The defense of the liberal international order against jihadist terror, Russian adventurism, and Chinese bullying depends in part, he believes, on the willingness of other nations to share the burden with the U.S
  • This is why the controversy surrounding the assertion—made by an anonymous administration official to The New Yorker during the Libya crisis of 2011—that his policy consisted of “leading from behind” perturbed him. “We don’t have to always be the ones who are up front,” he told me. “Sometimes we’re going to get what we want precisely because we are sharing in the agenda.
  • The president also seems to believe that sharing leadership with other countries is a way to check America’s more unruly impulses. “One of the reasons I am so focused on taking action multilaterally where our direct interests are not at stake is that multilateralism regulates hubris,”
  • He consistently invokes what he understands to be America’s past failures overseas as a means of checking American self-righteousness. “We have history,” he said. “We have history in Iran, we have history in Indonesia and Central America. So we have to be mindful of our history when we start talking about intervening, and understand the source of other people’s suspicions.”
  • In his efforts to off-load some of America’s foreign-policy responsibilities to its allies, Obama appears to be a classic retrenchment president in the manner of Dwight D. Eisenhower and Richard Nixon. Retrenchment, in this context, is defined as “pulling back, spending less, cutting risk, and shifting burdens to allies
  • One difference between Eisenhower and Nixon, on the one hand, and Obama, on the other, Sestanovich said, is that Obama “appears to have had a personal, ideological commitment to the idea that foreign policy had consumed too much of the nation’s attention and resources.”
  • But once he decides that a particular challenge represents a direct national-security threat, he has shown a willingness to act unilaterally. This is one of the larger ironies of the Obama presidency: He has relentlessly questioned the efficacy of force, but he has also become the most successful terrorist-hunter in the history of the presidency, one who will hand to his successor a set of tools an accomplished assassin would envy
  • “He applies different standards to direct threats to the U.S.,” Ben Rhodes says. “For instance, despite his misgivings about Syria, he has not had a second thought about drones.” Some critics argue he should have had a few second thoughts about what they see as the overuse of drones. But John Brennan, Obama’s CIA director, told me recently that he and the president “have similar views. One of them is that sometimes you have to take a life to save even more lives. We have a similar view of just-war theory. The president requires near-certainty of no collateral damage. But if he believes it is necessary to act, he doesn’t hesitate.”
  • Those who speak with Obama about jihadist thought say that he possesses a no-illusions understanding of the forces that drive apocalyptic violence among radical Muslims, but he has been careful about articulating that publicly, out of concern that he will exacerbate anti-Muslim xenophobia
  • He has a tragic realist’s understanding of sin, cowardice, and corruption, and a Hobbesian appreciation of how fear shapes human behavior. And yet he consistently, and with apparent sincerity, professes optimism that the world is bending toward justice. He is, in a way, a Hobbesian optimist.
  • The contradictions do not end there. Though he has a reputation for prudence, he has also been eager to question some of the long-standing assumptions undergirding traditional U.S. foreign-policy thinking. To a remarkable degree, he is willing to question why America’s enemies are its enemies, or why some of its friends are its friends.
  • It is assumed, at least among his critics, that Obama sought the Iran deal because he has a vision of a historic American-Persian rapprochement. But his desire for the nuclear agreement was born of pessimism as much as it was of optimism. “The Iran deal was never primarily about trying to open a new era of relations between the U.S. and Iran,” Susan Rice told me. “It was far more pragmatic and minimalist. The aim was very simply to make a dangerous country substantially less dangerous. No one had any expectation that Iran would be a more benign actor.”
  • once mentioned to obama a scene from The Godfather: Part III, in which Michael Corleone complains angrily about his failure to escape the grasp of organized crime. I told Obama that the Middle East is to his presidency what the Mob is to Corleone, and I started to quote the Al Pacino line: “Just when I thought I was out—”“It pulls you back in,” Obama said, completing the thought
  • When I asked Obama recently what he had hoped to accomplish with his Cairo reset speech, he said that he had been trying—unsuccessfully, he acknowledged—to persuade Muslims to more closely examine the roots of their unhappiness.“My argument was this: Let’s all stop pretending that the cause of the Middle East’s problems is Israel,” he told me. “We want to work to help achieve statehood and dignity for the Palestinians, but I was hoping that my speech could trigger a discussion, could create space for Muslims to address the real problems they are confronting—problems of governance, and the fact that some currents of Islam have not gone through a reformation that would help people adapt their religious doctrines to modernity. My thought was, I would communicate that the U.S. is not standing in the way of this progress, that we would help, in whatever way possible, to advance the goals of a practical, successful Arab agenda that provided a better life for ordinary people.”
  • But over the next three years, as the Arab Spring gave up its early promise, and brutality and dysfunction overwhelmed the Middle East, the president grew disillusioned. Some of his deepest disappointments concern Middle Eastern leaders themselves. Benjamin Netanyahu is in his own category: Obama has long believed that Netanyahu could bring about a two-state solution that would protect Israel’s status as a Jewish-majority democracy, but is too fearful and politically paralyzed to do so
  • Obama has also not had much patience for Netanyahu and other Middle Eastern leaders who question his understanding of the region. In one of Netanyahu’s meetings with the president, the Israeli prime minister launched into something of a lecture about the dangers of the brutal region in which he lives, and Obama felt that Netanyahu was behaving in a condescending fashion, and was also avoiding the subject at hand: peace negotiations. Finally, the president interrupted the prime minister: “Bibi, you have to understand something,” he said. “I’m the African American son of a single mother, and I live here, in this house. I live in the White House. I managed to get elected president of the United States. You think I don’t understand what you’re talking about, but I do.”
  • Other leaders also frustrate him immensely. Early on, Obama saw Recep Tayyip Erdoğan, the president of Turkey, as the sort of moderate Muslim leader who would bridge the divide between East and West—but Obama now considers him a failure and an authoritarian, one who refuses to use his enormous army to bring stability to Syria
  • In recent days, the president has taken to joking privately, “All I need in the Middle East is a few smart autocrats.” Obama has always had a fondness for pragmatic, emotionally contained technocrats, telling aides, “If only everyone could be like the Scandinavians, this would all be easy.”
  • The unraveling of the Arab Spring darkened the president’s view of what the U.S. could achieve in the Middle East, and made him realize how much the chaos there was distracting from other priorities. “The president recognized during the course of the Arab Spring that the Middle East was consuming us,”
  • But what sealed Obama’s fatalistic view was the failure of his administration’s intervention in Libya, in 2011
  • Obama says today of the intervention, “It didn’t work.” The U.S., he believes, planned the Libya operation carefully—and yet the country is still a disaster.
  • “So we actually executed this plan as well as I could have expected: We got a UN mandate, we built a coalition, it cost us $1 billion—which, when it comes to military operations, is very cheap. We averted large-scale civilian casualties, we prevented what almost surely would have been a prolonged and bloody civil conflict. And despite all that, Libya is a mess.”
  • Mess is the president’s diplomatic term; privately, he calls Libya a “shit show,” in part because it’s subsequently become an isis haven—one that he has already targeted with air strikes. It became a shit show, Obama believes, for reasons that had less to do with American incompetence than with the passivity of America’s allies and with the obdurate power of tribalism.
  • Of France, he said, “Sarkozy wanted to trumpet the flights he was taking in the air campaign, despite the fact that we had wiped out all the air defenses and essentially set up the entire infrastructure” for the intervention. This sort of bragging was fine, Obama said, because it allowed the U.S. to “purchase France’s involvement in a way that made it less expensive for us and less risky for us.” In other words, giving France extra credit in exchange for less risk and cost to the United States was a useful trade-off—except that “from the perspective of a lot of the folks in the foreign-policy establishment, well, that was terrible. If we’re going to do something, obviously we’ve got to be up front, and nobody else is sharing in the spotlight.”
  • Obama also blamed internal Libyan dynamics. “The degree of tribal division in Libya was greater than our analysts had expected. And our ability to have any kind of structure there that we could interact with and start training and start providing resources broke down very quickly.”
  • Libya proved to him that the Middle East was best avoided. “There is no way we should commit to governing the Middle East and North Africa,” he recently told a former colleague from the Senate. “That would be a basic, fundamental mistake.”
  • Obama did not come into office preoccupied by the Middle East. He is the first child of the Pacific to become president—born in Hawaii, raised there and, for four years, in Indonesia—and he is fixated on turning America’s attention to Asia
  • For Obama, Asia represents the future. Africa and Latin America, in his view, deserve far more U.S. attention than they receive. Europe, about which he is unromantic, is a source of global stability that requires, to his occasional annoyance, American hand-holding. And the Middle East is a region to be avoided—one that, thanks to America’s energy revolution, will soon be of negligible relevance to the U.S. economy.
  • Advisers recall that Obama would cite a pivotal moment in The Dark Knight, the 2008 Batman movie, to help explain not only how he understood the role of isis, but how he understood the larger ecosystem in which it grew. “There’s a scene in the beginning in which the gang leaders of Gotham are meeting,” the president would say. “These are men who had the city divided up. They were thugs, but there was a kind of order. Everyone had his turf. And then the Joker comes in and lights the whole city on fire. isil is the Joker. It has the capacity to set the whole region on fire. That’s why we have to fight it.”
  • The rise of the Islamic State deepened Obama’s conviction that the Middle East could not be fixed—not on his watch, and not for a generation to come.
  • The traveling White House press corps was unrelenting: “Isn’t it time for your strategy to change?” one reporter asked. This was followed by “Could I ask you to address your critics who say that your reluctance to enter another Middle East war, and your preference of diplomacy over using the military, makes the United States weaker and emboldens our enemies?” And then came this imperishable question, from a CNN reporter: “If you’ll forgive the language—why can’t we take out these bastards?” Which was followed by “Do you think you really understand this enemy well enough to defeat them and to protect the homeland?”
  • This rhetoric appeared to frustrate Obama immensely. “When I hear folks say that, well, maybe we should just admit the Christians but not the Muslims; when I hear political leaders suggesting that there would be a religious test for which person who’s fleeing from a war-torn country is admitted,” Obama told the assembled reporters, “that’s not American. That’s not who we are. We don’t have religious tests to our compassion.”
  • he has never believed that terrorism poses a threat to America commensurate with the fear it generates. Even during the period in 2014 when isis was executing its American captives in Syria, his emotions were in check. Valerie Jarrett, Obama’s closest adviser, told him people were worried that the group would soon take its beheading campaign to the U.S. “They’re not coming here to chop our heads off,” he reassured her.
  • Obama frequently reminds his staff that terrorism takes far fewer lives in America than handguns, car accidents, and falls in bathtubs do
  • Several years ago, he expressed to me his admiration for Israelis’ “resilience” in the face of constant terrorism, and it is clear that he would like to see resilience replace panic in American society. Nevertheless, his advisers are fighting a constant rearguard action to keep Obama from placing terrorism in what he considers its “proper” perspective, out of concern that he will seem insensitive to the fears of the American people.
  • When I noted to Kerry that the president’s rhetoric doesn’t match his, he said, “President Obama sees all of this, but he doesn’t gin it up into this kind of—he thinks we are on track. He has escalated his efforts. But he’s not trying to create hysteria … I think the president is always inclined to try to keep things on an appropriate equilibrium. I respect that.”
  • Obama modulates his discussion of terrorism for several reasons: He is, by nature, Spockian. And he believes that a misplaced word, or a frightened look, or an ill-considered hyperbolic claim, could tip the country into panic. The sort of panic he worries about most is the type that would manifest itself in anti-Muslim xenophobia or in a challenge to American openness and to the constitutional order.
  • The president also gets frustrated that terrorism keeps swamping his larger agenda, particularly as it relates to rebalancing America’s global priorities. For years, the “pivot to Asia” has been a paramount priority of his. America’s economic future lies in Asia, he believes, and the challenge posed by China’s rise requires constant attention. From his earliest days in office, Obama has been focused on rebuilding the sometimes-threadbare ties between the U.S. and its Asian treaty partners, and he is perpetually on the hunt for opportunities to draw other Asian nations into the U.S. orbit. His dramatic opening to Burma was one such opportunity; Vietnam and the entire constellation of Southeast Asian countries fearful of Chinese domination presented others.
  • Obama believes, Carter said, that Asia “is the part of the world of greatest consequence to the American future, and that no president can take his eye off of this.” He added, “He consistently asks, even in the midst of everything else that’s going on, ‘Where are we in the Asia-Pacific rebalance? Where are we in terms of resources?’ He’s been extremely consistent about that, even in times of Middle East tension.”
  • “Right now, I don’t think that anybody can be feeling good about the situation in the Middle East,” he said. “You have countries that are failing to provide prosperity and opportunity for their people. You’ve got a violent, extremist ideology, or ideologies, that are turbocharged through social media. You’ve got countries that have very few civic traditions, so that as autocratic regimes start fraying, the only organizing principles are sectarian.”
  • He went on, “Contrast that with Southeast Asia, which still has huge problems—enormous poverty, corruption—but is filled with striving, ambitious, energetic people who are every single day scratching and clawing to build businesses and get education and find jobs and build infrastructure. The contrast is pretty stark.”
  • In Asia, as well as in Latin America and Africa, Obama says, he sees young people yearning for self-improvement, modernity, education, and material wealth.“They are not thinking about how to kill Americans,” he says. “What they’re thinking about is How do I get a better education? How do I create something of value?”
  • He then made an observation that I came to realize was representative of his bleakest, most visceral understanding of the Middle East today—not the sort of understanding that a White House still oriented around themes of hope and change might choose to advertise. “If we’re not talking to them,” he said, referring to young Asians and Africans and Latin Americans, “because the only thing we’re doing is figuring out how to destroy or cordon off or control the malicious, nihilistic, violent parts of humanity, then we’re missing the boat.
  • He does resist refracting radical Islam through the “clash of civilizations” prism popularized by the late political scientist Samuel Huntington. But this is because, he and his advisers argue, he does not want to enlarge the ranks of the enemy. “The goal is not to force a Huntington template onto this conflict,” said John Brennan, the CIA director.
  • “It is very clear what I mean,” he told me, “which is that there is a violent, radical, fanatical, nihilistic interpretation of Islam by a faction—a tiny faction—within the Muslim community that is our enemy, and that has to be defeated.”
  • “There is also the need for Islam as a whole to challenge that interpretation of Islam, to isolate it, and to undergo a vigorous discussion within their community about how Islam works as part of a peaceful, modern society,” he said. But he added, “I do not persuade peaceful, tolerant Muslims to engage in that debate if I’m not sensitive to their concern that they are being tagged with a broad brush.”
  • In private encounters with other world leaders, Obama has argued that there will be no comprehensive solution to Islamist terrorism until Islam reconciles itself to modernity and undergoes some of the reforms that have changed Christianity.
  • , Obama described how he has watched Indonesia gradually move from a relaxed, syncretistic Islam to a more fundamentalist, unforgiving interpretation; large numbers of Indonesian women, he observed, have now adopted the hijab, the Muslim head covering.
  • Why, Turnbull asked, was this happening?Because, Obama answered, the Saudis and other Gulf Arabs have funneled money, and large numbers of imams and teachers, into the country. In the 1990s, the Saudis heavily funded Wahhabist madrassas, seminaries that teach the fundamentalist version of Islam favored by the Saudi ruling family, Obama told Turnbull. Today, Islam in Indonesia is much more Arab in orientation than it was when he lived there, he said.
  • “Aren’t the Saudis your friends?,” Turnbull asked.Obama smiled. “It’s complicated,” he said.
  • But he went on to say that the Saudis need to “share” the Middle East with their Iranian foes. “The competition between the Saudis and the Iranians—which has helped to feed proxy wars and chaos in Syria and Iraq and Yemen—requires us to say to our friends as well as to the Iranians that they need to find an effective way to share the neighborhood and institute some sort of cold peace,”
  • “An approach that said to our friends ‘You are right, Iran is the source of all problems, and we will support you in dealing with Iran’ would essentially mean that as these sectarian conflicts continue to rage and our Gulf partners, our traditional friends, do not have the ability to put out the flames on their own or decisively win on their own, and would mean that we have to start coming in and using our military power to settle scores. And that would be in the interest neither of the United States nor of the Middle East.”
  • One of the most destructive forces in the Middle East, Obama believes, is tribalism—a force no president can neutralize. Tribalism, made manifest in the reversion to sect, creed, clan, and village by the desperate citizens of failing states, is the source of much of the Muslim Middle East’s problems, and it is another source of his fatalism. Obama has deep respect for the destructive resilience of tribalism—part of his memoir, Dreams From My Father, concerns the way in which tribalism in post-colonial Kenya helped ruin his father’s life—which goes some distance in explaining why he is so fastidious about avoiding entanglements in tribal conflicts.
  • “It is literally in my DNA to be suspicious of tribalism,” he told me. “I understand the tribal impulse, and acknowledge the power of tribal division. I’ve been navigating tribal divisions my whole life. In the end, it’s the source of a lot of destructive acts.”
  • “Look, I am not of the view that human beings are inherently evil,” he said. “I believe that there’s more good than bad in humanity. And if you look at the trajectory of history, I am optimistic.
  • “I believe that overall, humanity has become less violent, more tolerant, healthier, better fed, more empathetic, more able to manage difference. But it’s hugely uneven. And what has been clear throughout the 20th and 21st centuries is that the progress we make in social order and taming our baser impulses and steadying our fears can be reversed very quickly. Social order starts breaking down if people are under profound stress. Then the default position is tribe—us/them, a hostility toward the unfamiliar or the unknown.”
  • He continued, “Right now, across the globe, you’re seeing places that are undergoing severe stress because of globalization, because of the collision of cultures brought about by the Internet and social media, because of scarcities—some of which will be attributable to climate change over the next several decades—because of population growth. And in those places, the Middle East being Exhibit A, the default position for a lot of folks is to organize tightly in the tribe and to push back or strike out against those who are different.
  • “A group like isil is the distillation of every worst impulse along these lines. The notion that we are a small group that defines ourselves primarily by the degree to which we can kill others who are not like us, and attempting to impose a rigid orthodoxy that produces nothing, that celebrates nothing, that really is contrary to every bit of human progress—it indicates the degree to which that kind of mentality can still take root and gain adherents in the 21st century.”
  • “We have to determine the best tools to roll back those kinds of attitudes,” he said. “There are going to be times where either because it’s not a direct threat to us or because we just don’t have the tools in our toolkit to have a huge impact that, tragically, we have to refrain from jumping in with both feet.”
  • I asked Obama whether he would have sent the Marines to Rwanda in 1994 to stop the genocide as it was happening, had he been president at the time. “Given the speed with which the killing took place, and how long it takes to crank up the machinery of the U.S. government, I understand why we did not act fast enough,” he said. “Now, we should learn from tha
  • I actually think that Rwanda is an interesting test case because it’s possible—not guaranteed, but it’s possible—that this was a situation where the quick application of force might have been enough.
  • “Ironically, it’s probably easier to make an argument that a relatively small force inserted quickly with international support would have resulted in averting genocide [more successfully in Rwanda] than in Syria right now, where the degree to which the various groups are armed and hardened fighters and are supported by a whole host of external actors with a lot of resources requires a much larger commitment of forces.”
  • The Turkey press conference, I told him, “was a moment for you as a politician to say, ‘Yeah, I hate the bastards too, and by the way, I am taking out the bastards.’ ” The easy thing to do would have been to reassure Americans in visceral terms that he will kill the people who want to kill them. Does he fear a knee-jerk reaction in the direction of another Middle East invasion? Or is he just inalterably Spockian?
  • “Every president has strengths and weaknesses,” he answered. “And there is no doubt that there are times where I have not been attentive enough to feelings and emotions and politics in communicating what we’re doing and how we’re doing it.”
  • But for America to be successful in leading the world, he continued, “I believe that we have to avoid being simplistic. I think we have to build resilience and make sure that our political debates are grounded in reality. It’s not that I don’t appreciate the value of theater in political communications; it’s that the habits we—the media, politicians—have gotten into, and how we talk about these issues, are so detached so often from what we need to be doing that for me to satisfy the cable news hype-fest would lead to us making worse and worse decisions over time.”
  • “During the couple of months in which everybody was sure Ebola was going to destroy the Earth and there was 24/7 coverage of Ebola, if I had fed the panic or in any way strayed from ‘Here are the facts, here’s what needs to be done, here’s how we’re handling it, the likelihood of you getting Ebola is very slim, and here’s what we need to do both domestically and overseas to stamp out this epidemic,’ ” then “maybe people would have said ‘Obama is taking this as seriously as he needs to be.’ ” But feeding the panic by overreacting could have shut down travel to and from three African countries that were already cripplingly poor, in ways that might have destroyed their economies—which would likely have meant, among other things, a recurrence of Ebola. He added, “It would have also meant that we might have wasted a huge amount of resources in our public-health systems that need to be devoted to flu vaccinations and other things that actually kill people” in large numbers in America
  • “I have friends who have kids in Paris right now,” he said. “And you and I and a whole bunch of people who are writing about what happened in Paris have strolled along the same streets where people were gunned down. And it’s right to feel fearful. And it’s important for us not to ever get complacent. There’s a difference between resilience and complacency.” He went on to describe another difference—between making considered decisions and making rash, emotional ones. “What it means, actually, is that you care so much that you want to get it right and you’re not going to indulge in either impetuous or, in some cases, manufactured responses that make good sound bites but don’t produce results. The stakes are too high to play those games.”
  • The other meeting took place two months later, in the Oval Office, between Obama and the general secretary of the Vietnamese Communist Party, Nguyen Phu Trong. This meeting took place only because John Kerry had pushed the White House to violate protocol, since the general secretary was not a head of state. But the goals trumped decorum: Obama wanted to lobby the Vietnamese on the Trans-Pacific Partnership—his negotiators soon extracted a promise from the Vietnamese that they would legalize independent labor unions—and he wanted to deepen cooperation on strategic issues. Administration officials have repeatedly hinted to me that Vietnam may one day soon host a permanent U.S. military presence, to check the ambitions of the country it now fears most, China. The U.S. Navy’s return to Cam Ranh Bay would count as one of the more improbable developments in recent American history. “We just moved the Vietnamese Communist Party to recognize labor rights in a way that we could never do by bullying them or scaring them,” Obama told me, calling this a key victory in his campaign to replace stick-waving with diplomatic persuasion.
  • I noted that the 200 or so young Southeast Asians in the room earlier that day—including citizens of Communist-ruled countries—seemed to love America. “They do,” Obama said. “In Vietnam right now, America polls at 80 percent.”
  • The resurgent popularity of America throughout Southeast Asia means that “we can do really big, important stuff—which, by the way, then has ramifications across the board,” he said, “because when Malaysia joins the anti-isil campaign, that helps us leverage resources and credibility in our fight against terrorism. When we have strong relations with Indonesia, that helps us when we are going to Paris and trying to negotiate a climate treaty, where the temptation of a Russia or some of these other countries may be to skew the deal in a way that is unhelpful.
  • Obama then cited America’s increased influence in Latin America—increased, he said, in part by his removal of a region-wide stumbling block when he reestablished ties with Cuba—as proof that his deliberate, nonthreatening, diplomacy-centered approach to foreign relations is working. The alba movement, a group of Latin American governments oriented around anti-Americanism, has significantly weakened during his time as president. “When I came into office, at the first Summit of the Americas that I attended, Hugo Chávez”—the late anti-American Venezuelan dictator—“was still the dominant figure in the conversation,” he said. “We made a very strategic decision early on, which was, rather than blow him up as this 10-foot giant adversary, to right-size the problem and say, ‘We don’t like what’s going on in Venezuela, but it’s not a threat to the United States.’
  • Obama said that to achieve this rebalancing, the U.S. had to absorb the diatribes and insults of superannuated Castro manqués. “When I saw Chávez, I shook his hand and he handed me a Marxist critique of the U.S.–Latin America relationship,” Obama recalled. “And I had to sit there and listen to Ortega”—Daniel Ortega, the radical leftist president of Nicaragua—“make an hour-long rant against the United States. But us being there, not taking all that stuff seriously—because it really wasn’t a threat to us”—helped neutralize the region’s anti-Americanism.
  • “The truth is, actually, Putin, in all of our meetings, is scrupulously polite, very frank. Our meetings are very businesslike. He never keeps me waiting two hours like he does a bunch of these other folks.” Obama said that Putin believes his relationship with the U.S. is more important than Americans tend to think. “He’s constantly interested in being seen as our peer and as working with us, because he’s not completely stupid. He understands that Russia’s overall position in the world is significantly diminished. And the fact that he invades Crimea or is trying to prop up Assad doesn’t suddenly make him a player.
  • “The argument is made,” I said, “that Vladimir Putin watched you in Syria and thought, He’s too logical, he’s too rational, he’s too into retrenchment. I’m going to push him a little bit further in Ukraine.”
  • “Look, this theory is so easily disposed of that I’m always puzzled by how people make the argument. I don’t think anybody thought that George W. Bush was overly rational or cautious in his use of military force. And as I recall, because apparently nobody in this town does, Putin went into Georgia on Bush’s watch, right smack dab in the middle of us having over 100,000 troops deployed in Iraq.” Obama was referring to Putin’s 2008 invasion of Georgia, a former Soviet republic, which was undertaken for many of the same reasons Putin later invaded Ukraine—to keep an ex–Soviet republic in Russia’s sphere of influence.
  • “Putin acted in Ukraine in response to a client state that was about to slip out of his grasp. And he improvised in a way to hang on to his control there,” he said. “He’s done the exact same thing in Syria, at enormous cost to the well-being of his own country. And the notion that somehow Russia is in a stronger position now, in Syria or in Ukraine, than they were before they invaded Ukraine or before he had to deploy military forces to Syria is to fundamentally misunderstand the nature of power in foreign affairs or in the world generally. Real power means you can get what you want without having to exert violence. Russia was much more powerful when Ukraine looked like an independent country but was a kleptocracy that he could pull the strings on.”
  • Obama’s theory here is simple: Ukraine is a core Russian interest but not an American one, so Russia will always be able to maintain escalatory dominance there.“The fact is that Ukraine, which is a non-nato country, is going to be vulnerable to military domination by Russia no matter what we do,” he said.
  • “I think that the best argument you can make on the side of those who are critics of my foreign policy is that the president doesn’t exploit ambiguity enough. He doesn’t maybe react in ways that might cause people to think, Wow, this guy might be a little crazy.”“The ‘crazy Nixon’ approach,” I said: Confuse and frighten your enemies by making them think you’re capable of committing irrational acts.
  • “But let’s examine the Nixon theory,” he said. “So we dropped more ordnance on Cambodia and Laos than on Europe in World War II, and yet, ultimately, Nixon withdrew, Kissinger went to Paris, and all we left behind was chaos, slaughter, and authoritarian governments
  • “There is no evidence in modern American foreign policy that that’s how people respond. People respond based on what their imperatives are, and if it’s really important to somebody, and it’s not that important to us, they know that, and we know that,” he said. “There are ways to deter, but it requires you to be very clear ahead of time about what is worth going to war for and what is not.
  • Now, if there is somebody in this town that would claim that we would consider going to war with Russia over Crimea and eastern Ukraine, they should speak up and be very clear about it. The idea that talking tough or engaging in some military action that is tangential to that particular area is somehow going to influence the decision making of Russia or China is contrary to all the evidence we have seen over the last 50 years.”
  • “If you think about, let’s say, the Iran hostage crisis, there is a narrative that has been promoted today by some of the Republican candidates that the day Reagan was elected, because he looked tough, the Iranians decided, ‘We better turn over these hostages,’ ” he said. “In fact what had happened was that there was a long negotiation with the Iranians and because they so disliked Carter—even though the negotiations had been completed—they held those hostages until the day Reagan got elected
  • When you think of the military actions that Reagan took, you have Grenada—which is hard to argue helped our ability to shape world events, although it was good politics for him back home. You have the Iran-Contra affair, in which we supported right-wing paramilitaries and did nothing to enhance our image in Central America, and it wasn’t successful at all.” He reminded me that Reagan’s great foe, Daniel Ortega, is today the unrepentant president of Nicaragua.
  • Obama also cited Reagan’s decision to almost immediately pull U.S. forces from Lebanon after 241 servicemen were killed in a Hezbollah attack in 1983. “Apparently all these things really helped us gain credibility with the Russians and the Chinese,” because “that’s the narrative that is told,” he said sarcastically.
  • “Now, I actually think that Ronald Reagan had a great success in foreign policy, which was to recognize the opportunity that Gorbachev presented and to engage in extensive diplomacy—which was roundly criticized by some of the same people who now use Ronald Reagan to promote the notion that we should go around bombing people.”
  • “As I survey the next 20 years, climate change worries me profoundly because of the effects that it has on all the other problems that we face,” he said. “If you start seeing more severe drought; more significant famine; more displacement from the Indian subcontinent and coastal regions in Africa and Asia; the continuing problems of scarcity, refugees, poverty, disease—this makes every other problem we’ve got worse. That’s above and beyond just the existential issues of a planet that starts getting into a bad feedback loop.”
  • Terrorism, he said, is also a long-term problem “when combined with the problem of failed states.”
  • What country does he consider the greatest challenge to America in the coming decades? “In terms of traditional great-state relations, I do believe that the relationship between the United States and China is going to be the most critical,” he said. “If we get that right and China continues on a peaceful rise, then we have a partner that is growing in capability and sharing with us the burdens and responsibilities of maintaining an international order. If China fails; if it is not able to maintain a trajectory that satisfies its population and has to resort to nationalism as an organizing principle; if it feels so overwhelmed that it never takes on the responsibilities of a country its size in maintaining the international order; if it views the world only in terms of regional spheres of influence—then not only do we see the potential for conflict with China, but we will find ourselves having more difficulty dealing with these other challenges that are going to come.”
  • I’ve been very explicit in saying that we have more to fear from a weakened, threatened China than a successful, rising China,” Obama said. “I think we have to be firm where China’s actions are undermining international interests, and if you look at how we’ve operated in the South China Sea, we have been able to mobilize most of Asia to isolate China in ways that have surprised China, frankly, and have very much served our interest in strengthening our alliances.”
  • A weak, flailing Russia constitutes a threat as well, though not quite a top-tier threat. “Unlike China, they have demographic problems, economic structural problems, that would require not only vision but a generation to overcome,” Obama said. “The path that Putin is taking is not going to help them overcome those challenges. But in that environment, the temptation to project military force to show greatness is strong, and that’s what Putin’s inclination is. So I don’t underestimate the dangers there.”
  • “You know, the notion that diplomacy and technocrats and bureaucrats somehow are helping to keep America safe and secure, most people think, Eh, that’s nonsense. But it’s true. And by the way, it’s the element of American power that the rest of the world appreciates unambiguously
  • When we deploy troops, there’s always a sense on the part of other countries that, even where necessary, sovereignty is being violated.”
  • Administration officials have told me that Vice President Biden, too, has become frustrated with Kerry’s demands for action. He has said privately to the secretary of state, “John, remember Vietnam? Remember how that started?” At a National Security Council meeting held at the Pentagon in December, Obama announced that no one except the secretary of defense should bring him proposals for military action. Pentagon officials understood Obama’s announcement to be a brushback pitch directed at Kerry.
  • Obama’s caution on Syria has vexed those in the administration who have seen opportunities, at different moments over the past four years, to tilt the battlefield against Assad. Some thought that Putin’s decision to fight on behalf of Assad would prompt Obama to intensify American efforts to help anti-regime rebels. But Obama, at least as of this writing, would not be moved, in part because he believed that it was not his business to stop Russia from making what he thought was a terrible mistake. “They are overextended. They’re bleeding,” he told me. “And their economy has contracted for three years in a row, drastically.
  • Obama’s strategy was occasionally referred to as the “Tom Sawyer approach.” Obama’s view was that if Putin wanted to expend his regime’s resources by painting the fence in Syria, the U.S. should let him.
  • By late winter, though, when it appeared that Russia was making advances in its campaign to solidify Assad’s rule, the White House began discussing ways to deepen support for the rebels, though the president’s ambivalence about more-extensive engagement remained. In conversations I had with National Security Council officials over the past couple of months, I sensed a foreboding that an event—another San Bernardino–style attack, for instance—would compel the United States to take new and direct action in Syria. For Obama, this would be a nightmare.
  • If there had been no Iraq, no Afghanistan, and no Libya, Obama told me, he might be more apt to take risks in Syria. “A president does not make decisions in a vacuum. He does not have a blank slate. Any president who was thoughtful, I believe, would recognize that after over a decade of war, with obligations that are still to this day requiring great amounts of resources and attention in Afghanistan, with the experience of Iraq, with the strains that it’s placed on our military—any thoughtful president would hesitate about making a renewed commitment in the exact same region of the world with some of the exact same dynamics and the same probability of an unsatisfactory outcome.”
  • What has struck me is that, even as his secretary of state warns about a dire, Syria-fueled European apocalypse, Obama has not recategorized the country’s civil war as a top-tier security threat.
  • This critique frustrates the president. “Nobody remembers bin Laden anymore,” he says. “Nobody talks about me ordering 30,000 more troops into Afghanistan.” The red-line crisis, he said, “is the point of the inverted pyramid upon which all other theories rest.
  • “Was it a bluff?” I told him that few people now believe he actually would have attacked Iran to keep it from getting a nuclear weapon.“That’s interesting,” he said, noncommittally.I started to talk: “Do you—”He interrupted. “I actually would have,” he said, meaning that he would have struck Iran’s nuclear facilities. “If I saw them break out.”
  • “You were right to believe it,” the president said. And then he made his key point. “This was in the category of an American interest.”
  • I was reminded then of something Derek Chollet, a former National Security Council official, told me: “Obama is a gambler, not a bluffer.”
  • The president has placed some huge bets. Last May, as he was trying to move the Iran nuclear deal through Congress, I told him that the agreement was making me nervous. His response was telling. “Look, 20 years from now, I’m still going to be around, God willing. If Iran has a nuclear weapon, it’s my name on this,” he said. “I think it’s fair to say that in addition to our profound national-security interests, I have a personal interest in locking this down.”
  • In the matter of the Syrian regime and its Iranian and Russian sponsors, Obama has bet, and seems prepared to continue betting, that the price of direct U.S. action would be higher than the price of inaction. And he is sanguine enough to live with the perilous ambiguities of his decisions
  • Though in his Nobel Peace Prize speech in 2009, Obama said, “Inaction tears at our conscience and can lead to more costly intervention later,” today the opinions of humanitarian interventionists do not seem to move him, at least not publicly
  • As he comes to the end of his presidency, Obama believes he has done his country a large favor by keeping it out of the maelstrom—and he believes, I suspect, that historians will one day judge him wise for having done so
  • Inside the West Wing, officials say that Obama, as a president who inherited a financial crisis and two active wars from his predecessor, is keen to leave “a clean barn” to whoever succeeds him. This is why the fight against isis, a group he considers to be a direct, though not existential, threat to the U.S., is his most urgent priority for the remainder of his presidency; killing the so-called caliph of the Islamic State, Abu Bakr al-Baghdadi, is one of the top goals of the American national-security apparatus in Obama’s last year.
  • This is what is so controversial about the president’s approach, and what will be controversial for years to come—the standard he has used to define what, exactly, constitutes a direct threat.
  • Obama has come to a number of dovetailing conclusions about the world, and about America’s role in it. The first is that the Middle East is no longer terribly important to American interests. The second is that even if the Middle East were surpassingly important, there would still be little an American president could do to make it a better place. The third is that the innate American desire to fix the sorts of problems that manifest themselves most drastically in the Middle East inevitably leads to warfare, to the deaths of U.S. soldiers, and to the eventual hemorrhaging of U.S. credibility and power. The fourth is that the world cannot afford to see the diminishment of U.S. power. Just as the leaders of several American allies have found Obama’s leadership inadequate to the tasks before him, he himself has found world leadership wanting: global partners who often lack the vision and the will to spend political capital in pursuit of broad, progressive goals, and adversaries who are not, in his mind, as rational as he is. Obama believes that history has sides, and that America’s adversaries—and some of its putative allies—have situated themselves on the wrong one, a place where tribalism, fundamentalism, sectarianism, and militarism still flourish. What they don’t understand is that history is bending in his direction.
  • “The central argument is that by keeping America from immersing itself in the crises of the Middle East, the foreign-policy establishment believes that the president is precipitating our decline,” Ben Rhodes told me. “But the president himself takes the opposite view, which is that overextension in the Middle East will ultimately harm our economy, harm our ability to look for other opportunities and to deal with other challenges, and, most important, endanger the lives of American service members for reasons that are not in the direct American national-security interest.
  • George W. Bush was also a gambler, not a bluffer. He will be remembered harshly for the things he did in the Middle East. Barack Obama is gambling that he will be judged well for the things he didn’t do.
sgardner35

Hosni Mubarak Sentenced to Life Term by Egyptian Court - NYTimes.com - 0 views

  • CAIRO — An Egyptian court on Saturday sentenced former President Hosni Mubarak to life in prison as an accomplice in the killing of unarmed demonstrators during the protests that ended his nearly 30-year rule.
  • They denounced the verdict as a sham because the court also acquitted many officials more directly responsible for the police who killed the demonstrators, and a broad range of lawyers and political leaders said Mr. Mubarak’s conviction was doomed to reversal on appeal.
  • Mr. Mubarak, 84, was an “accessory to murder” because he failed to stop the killing, a rationale that lawyers said would not meet the usual requirements for a murder conviction under Egyptian or international law.
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  • “It is all an act. It is a show,” said Alaa Hamam, 38, a Cairo University employee joining a protest in Tahrir Square, the symbolic heart of the uprising. “It is a provocation.”
  • Against an opaque backdrop of military rule, in which the generals, prosecutors and judges were all appointed by Mr. Mubarak, the degree of judicial independence is impossible to know. Demonstrators slammed the decision as a ruse designed to placate them without holding anyone accountable for the violence or corruption of the old government.
  • Both sons stood in front of their father to try to shield him from the cameras. Alaa Mubarak appeared to recite verses from the Koran as the verdict was read. And after the ruling, both sons had tears in their eyes. They remain in jail while they face charges in an unrelated stock-manipulation case announced last week.
  • He called Mr. Mubarak’s tenure “30 years of intense darkness — black, black, black, the blackness of a chilly winter night.”
  • As Mr. Mubarak’s last prime minister, Mr. Shafik presided over the cabinet when the police failed to protect unarmed protesters in Tahrir Square from a deadly assault by a mob of Mubarak supporters known as the “battle of the camels.”
  • “The verdict means that the head of the regime and the minister of interior are the only ones who have fallen, but the rest of the entire regime remains,” the Brotherhood, Egypt’s largest Islamist group, said in a statement.” It added, “The Egyptian people have to sense the great danger that threatens their revolution and their hopes, and wastes the blood of the martyrs and the sacrifices of their children.”
  • In the parking lot outside the makeshift courthouse in a police academy, some initially celebrated the verdict. “I am so happy — this is the greatest happiness I have ever felt,” said Rada Mohamed Mabrouk, a 60-year-old retiree. “The martyrs are all of our children.”
  • The judge dismissed the corruption charges against Mr. Mubarak and his sons on the grounds that a statute of limitations had expired since the three Mubaraks were said to have received the vacation homes. Prosecutors had evidently hoped to date the crime from the subsequent favors Mr. Mubarak did for Mr. Salem. It was unclear why the judge had not raised the statute of limitations issue earlier.
Javier E

On the Israeli Police Beating of a Palestinian, and Other Crimes - Jeffrey Goldberg - T... - 0 views

  • Often, Israel is judged by a quadruple standard. There is one standard for developing-world countries; a second for Europe; a third, more stringent standard, for the U.S., and a fourth, impossible, standard for Israel.
  • the truth is that I judge Israel by a higher standard than I judge other countries, precisely because it is a Jewish country. Jews gave the world the gift of ethical monotheism, and the idea that all people—not just kings—are created in the image of God. Judaism holds that Muhammad Abu Khdeir, and Tariq Khdeir, are created in the image of God, and therefore, to abuse them, to destroy them, is to desecrate God's name. Each time a Palestinian is abused in custody by Israeli authorities, those who commit the beating are violating the spirit and promise of their country.
sgardner35

Video released of deadly Chicago police shooting - CNN.com - 0 views

  • On Thursday, a judge released video of the deadly shooting. In its wake, a group of activists who have organized previous protests over shootings called for more on Friday.
  • The police department fired Davis, he said, after he ruled Officer Kevin Fry's shooting of 17-year-old Chatman, who was unarmed, unjustified. But he had been at odds with the department over the internal assessment of police use of force for a while.
  • "I pay most attention to Officer Fry. Mr. Chatman is simply trying to get away. He's running as fast as he can away from the officers. Officer (Lou) Toth is right behind him; he's doing the right thing. He's pursuing him. He's trying to capture him, while Officer Fry, on the other hand, has both of his hands on his weapon. He is in a shooter's position. He is looking for a clear shot."
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  • After Davis' firing, a new investigator was assigned, who ruled the shooting justifiable, and police accounts given after Chatman died told a story that differed in important points from Davis' assessment
  • He runs across the street and squeezes between two parked cars as Fry's partner, Officer Lou Toth, gives chase. Chatman then hits an all-out sprint along the sidewalk toward an intersection. Toth sprints behind him.Fry draws his handgun in the middle of the street, plants his feet near the intersection in a firing stance as Chatman appears to still be running away. Chatman is out of camera shot at the time, and it does not reveal his moves.
  • In ordering the videos' release, U.S. District Court Judge Robert Gettleman indicated Fry might have put his partner's life in danger, saying Toth was running so close to the teen when shots rang out "you might say he was in the line of fire."
  • He has had 30 complaints lodged against him over the years, including 10 allegations of excessive use of force. The police department found every complaint against him to be unwarranted.In one case in 2007, Fry and a partner shot a 16-year-old black male in a school alcove after seeing a shiny object around his waist and fearing for their lives. The object wasn't a weapon but a "shiny belt buckle," according to an independent investigation of the shooting.
  • Both were about 10 blocks away at the time of the shooting. The law in Illinois allows for anyone who sets in motion a chain of events that results in the death of another individual to be charged with murder.
  • Outrage over police shootings have rumbled through Chicago since the November release of the fatal police shooting video of Laquan McDonald, who was shot 16 times. Attorney's for his family accused police of threatening witnesses and falsifying their accounts.Chicago Alderman Anthony Beale has criticized investigations into police violence as being flawed."For years we've had a systemic problem with the police officers protecting one another. And that's why you have such distrust in the community," he told CNN's Don Lemo
  • n.But he also sees police as an essential part of the community and wa
  • s worried that they might feel intimidated by the scrutiny.
  • Judge Gettleman scolded the city and mayor's office, saying it was "irresponsible" to waste taxpayers' money and the court's time with its previous opposition. "I'm very disturbed at the way this happened," he said. "This should not have happened the way it did."He blasted city attorneys for the December motion in which they stated it was not clear from the videos who fired at Chatman. Gettlemen said that wasn't true: "It's clear to me who fired the shots."
Javier E

Kavanaugh, the Supreme Court, and the Confirmation Wars - The Atlantic - 0 views

  • In fact, both sides have incrementally escalated at every stage since at least the late 1980s. At no point did either step back and sue for peace. The erosion of the norm of a relatively modest Senate confirmation process took place because both sides calculated at every stage—probably rightly—that the other would take the next incremental escalatory step if roles were reversed. They calculated that base voters would sooner forgive escalation than they would forgive weakness. They calculated that they could get away with escalation. And they calculated that they could lie about what they were doing—flamboyantly and without shame—and get away with it. And so they did.
  • Whether the war for the courts is more cause or effect of the increasing ideological uniformity of appointments is a complicated question. In all likelihood, cause runs in both directions. That is, we fight more over courts because of an increasingly ideological sense of how courts should operate, and in turn, our fights over the courts tend to entrench our increasingly ideological sense of how courts should operate
  • In the world that I argued for, liberal senators would support Kavanaugh. They would do so because he is qualified, because the decision to give President Trump the authority to select judges was made when the electorate chose Trump over Hillary Clinton, and because the cost of opposing Kavanaugh—that Republican senators would oppose similarly qualified judges when the presidency is in Democratic hands—exceeds the possible benefits of opposition. This set of assumptions was driven by norms: not by law, not by the Constitution, not even by Senate rules. It was just the way things worked, because everything worked better if everyone behaved that way. And everyone behaved that way because everyone had confidence that those on the other side would behave that way as well.
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  • Polarization put cracks in that confidence. And once people no longer believed the other side would observe the norm, the norm collapsed remarkably quickly.
  • here’s the problem: The breakdown of the norms that have traditionally induced restraint in the judicial-confirmation process will not end with the creation of polarized judicial nominations and confirmations. It will run deeper. A highly polarized Senate in interaction with a winner-take-all presidency picking judges on the basis of raw power alone and creating party factions on every court in the country is a contagion that will spread.
  • Already, in response to the retirement of Kennedy and the nomination of Kavanaugh, some Democrats have begun talking about court packing. And why not? There’s no magic to the number nine
  • Why not break up courts that routinely do things that political majorities don’t like?
  • Even the Supreme Court is not immune from a much more activist Congress. We tend to think of the Supreme Court’s jurisdiction as vast, but it’s only vast because Congress makes it so.
  • If Congress doesn’t want the Supreme Court to hear abortion cases, it could strip it of appellate jurisdiction over them—or at least, it could try.
  • In a world of polarized partisan control over the gateways to courts and thus partisan factions on the courts themselves, I can see no reason why these things won’t eventually happen. And I won’t even be able to make a principled argument that they shouldn’t happen.
malonema1

Migrant caravan seeking asylum faces a tough uncertain future - 0 views

  • TIJUANA, Mexico — More than a hundred migrants who made a grueling journey to the U.S. border were stranded on the last leg of their trip on Monday as they waited to plead their case to seek asylum after immigration officials said the crossing was at capacit
  • How long the asylum seekers will have to wait to plead their case is just the beginning of the uncertain and potentially monthslong process ahead of them. The port of entry remained at capacity Monday morning, an official with Customs and Border Protection said in a statement.
  • She broke down crying the day before after learning she would not be allowed to make her claim for asylum that day. She said she was seeking asylum after gang members came after her and her daughter because her boyfriend owed them money.
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  • Mensing said the group was prepared to wait outside the port of entry and was willing to risk the hurdles ahead because they were fleeing violence and persecution in their home countries. Many of the migrants are from Central America, predominantly Honduras.“No one is asking for some sort of immediate citizenship — the people on this caravan know that the most likely thing for them is that they will be detained indefinitely, they may be separated from their children,” said Mensing. “They’re not coming here because they think it’s easy, they’re coming here because they’re fearing for their lives.
  • The asylum seekers began their trek together near the Guatemalan border on March 25, making their way on foot, by train and by bus north through Mexico before coming to their destination at the U.S.-Mexico border in Tijuana. At one point the caravan numbered roughly 1,200, but its numbers have dwindled after some chose to seek asylum in Mexico and others decided not to risk turning themselves in to immigration authorities.
  • Immigration judges vary in whether they accept claims based on fear of violence in El Salvador, Guatemala and Honduras. Some judges permit asylum for women and children targeted by criminal gangs for recruitment, finding that they are persecuted due to "membership in a particular social group," but other judges do not
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