may 2000

Illustrations by Guillem Casasús / Renderings by Borja Alegre

There is a cohort of close observers of our presidential elections, scholars and lawyers and political strategists, who find themselves in the uneasy position of intelligence analysts in the months before 9/11. As November 3 approaches, their screens are blinking red, alight with warnings that the political system does not know how to absorb. They see the obvious signs that we all see, but they also know subtle things that most of us do not. Something dangerous has hove into view, and the nation is lurching into its path.

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The danger is not merely that the 2020 election will bring discord. Those who fear something worse take turbulence and controversy for granted. The coronavirus pandemic, a reckless incumbent, a deluge of mail-in ballots, a vandalized Postal Service, a resurgent effort to suppress votes, and a trainload of lawsuits are bearing down on the nation’s creaky electoral machinery.

1. The Disappearance

At 12:42 a.m. on the quiet, moonlit night of March 8, 2014, a Boeing 777-200ER operated by Malaysia Airlines took off from Kuala Lumpur and turned toward Beijing, climbing to its assigned cruising altitude of 35,000 feet. The designator for Malaysia Airlines is MH. The flight number was 370. Fariq Hamid, the first officer, was flying the airplane. He was 27 years old. This was a training flight for him, the last one; he would soon be fully certified. His trainer was the pilot in command, a man named Zaharie Ahmad Shah, who at 53 was one of the most senior captains at Malaysia Airlines. In Malaysian style, he was known by his first name, Zaharie. He was married and had three adult children. He lived in a gated development. He owned two houses. In his first house he had installed an elaborate Microsoft flight simulator.

The first I heard of Amy Coney Barrett was when her name was floated as a possible nominee for the seat left vacant on the Supreme Court when Anthony Kennedy retired. I thought she was an interesting person, although not for any reasons of policy or politics: She is a mother of seven children, several of them very young; a Catholic; a deeply accomplished and distinguished member of the judiciary. I could not prevent myself from noticing, too, how beautiful she is, and wondering how the hell she balances raising seven children with her huge career. But there was little time to ponder these questions in my heart, as Mary did the annunciation, because Brett Kavanaugh was nominated instead of her, and things got so weird so fast that she slipped my mind.

When President Donald Trump announces tomorrow that Amy Coney Barrett is his nominee for the Supreme Court, he will be effectively declaring victory. In 2016, Trump offered a horse trade to American conservatives: In exchange for their votes, he promised to appoint judges who would champion their interests. This nomination will be yet another chance for Trump to remind his supporters that their bet paid off, conveniently timed just a few weeks before Election Day.   

While Trump may see this nomination as a boon to his reelection campaign, the true victors are the leaders of the conservative legal movement, who built the sophisticated machine in Washington that made this moment possible. With most of America’s institutions, from Congress to the executive branch, locked into a state of dysfunction and partisan bitterness, the Court has become the ultimate venue for the parties to fight out controversies and entrench their power. Barrett’s nomination is the culmination of a decades-long strategy to advance judges steeped in a conservative judicial philosophy that tends to favor limited government regulation of businesses, produce skepticism of abortion rights, and promote an expansive view of religious liberty. If Barrett is confirmed, a new 6-to-3 conservative supermajority will be poised to determine Americans’ rights for a generation. (The president is expected to formally announce her selection tomorrow evening.)

I glanced at the story, read it, and then moved on to something else. But the story of William B. Crews kept bothering me, because it might be a harbinger of things to come.

Crews is—or was—an employee of the National Institute of Allergy and Infectious Diseases, the federal agency run by Anthony Fauci. While working as a public-affairs officer for NIAID, Crews was also a prolific conspiracy theorist. He spent the past six months attacking Fauci,  NIAID, and the American scientific establishment more generally, on the website Redstate.com, using the pseudonym “Streiff.” On Monday, Lachlan Markay of The Daily Beast published a story unmasking him. Crews abruptly retired that same day.

The United States has a long tradition of government employees criticizing their superiors. But in his extracurricular writing, Crews was not composing whistleblower memos. These were not carefully sourced revelations of wrongdoing at the agency. Instead, they were rants that accused Fauci, Centers for Disease Control and Prevention Director Robert Redfield, and many others of turning the coronavirus into a deliberate plot to undermine the Trump administration. In June, Crews attacked America’s most respected scientific bodies: “If there were justice,” he wrote, “we’d send and [sic] few dozen of these fascists to the gallows and gibbet their tarred bodies in chains until they fall apart.” In July, he attacked Fauci by name: “If you made those recommendations and they were disastrously wrong and based on bad science that you promulgated, you owe it to all of us to STFU and go away.”