october 2015

1. The Aristocracy Is Dead …

For about a week every year in my childhood, I was a member of one of America’s fading aristocracies. Sometimes around Christmas, more often on the Fourth of July, my family would take up residence at one of my grandparents’ country clubs in Chicago, Palm Beach, or Asheville, North Carolina. The breakfast buffets were magnificent, and Grandfather was a jovial host, always ready with a familiar story, rarely missing an opportunity for gentle instruction on proper club etiquette. At the age of 11 or 12, I gathered from him, between his puffs of cigar smoke, that we owed our weeks of plenty to Great-Grandfather, Colonel Robert W. Stewart, a Rough Rider with Teddy Roosevelt who made his fortune as the chairman of Standard Oil of Indiana in the 1920s. I was also given to understand that, for reasons traceable to some ancient and incomprehensible dispute, the Rockefellers were the mortal enemies of our clan.

Trump aides colluded with foreign governments.

This is a simple, straightforward statement, and by this point, it ought to be an uncontroversial one. There’s ample evidence on many fronts, from legal documents to reliable reporting. This doesn’t mean that a crime was committed, because, as Trump lawyer Rudy Giuliani and others have pointed out, collusion is not a crime per se. But it does mean that attempts to dismiss the Russia investigation as a witch hunt that lacks any evidence are not merely disingenuous—they’re simply wrong.

What do we mean by collusion? As the Columbia Journalism Review explored last year, there are a range of meanings, but a clean synthesis would be a secret compact or conspiracy with an illegal or deceitful aim. The examples of such cooperation, between Trump aides and agents of foreign governments, abound. So far, three people have pleaded guilty to lying to federal agents about it. The unresolved question, at this stage of the investigation, is not whether such cooperation was attempted; it’s how successful it proved, how large an impact it actually had, who was involved, and whether they broke any laws.

In the wake of mass shootings in America, Republicans and Democrats migrate to their respective marks as though urged on by a stage director. They read from their respective scripts, Democrats amping up their calls for gun control and Republicans stressing the need for more effective mental health care.

Friday’s mass shooting in Santa Fe, Texas, in which a teenager murdered 10 people at Santa Fe High School, appeared to represent a break in that script. Conservative pundits and lawmakers alike have floated several different reasons behind the shooting, from trench coats to the school’s excess of doors to ADHD medication. The array of diagnoses suggests a couple of things: one, that Republicans remain steadfastly unwilling to consider the merits of gun control, even as the number of mass shootings steadily climbs; and two, that as many Americans demand a more immediate response to gun violence from Washington, Republicans feel pressured to reach for new causes, however incongruous they may seem.

One week ago, a group of European security researchers warned that two obscure encryption schemes for email were deeply broken. Those schemes, called OpenPGP and S/MIME, are not the kinds of technologies you’re using but don’t know it. They are not part of the invisible and vital internet infrastructure we all rely on.

This isn’t that kind of story.

The exploit, called Efail by the researchers who released it, showed that encrypted (and therefore private and secure) email is not only hard to do, but might be impossible in any practical way, because of what email is at its core. But contained in the story of why these standards failed is the story of why email itself is the main way we get hacked, robbed, and violated online. The story of email is also the story of how we lost so much of our privacy, and how we might regain it.

The sheer volume of Trump scandals can seem difficult to keep track of.

There’s the ongoing special-counsel investigation into whether the Trump campaign aided a Russian campaign to aid Trump’s candidacy and defeat his Democratic rival, Hillary Clinton; there’s the associated inquiry into whether the president obstructed justice when he fired former FBI Director James Comey, whom he had asked not to investigate his former national-security adviser; there are the president’s hush-money payments to women with whom he allegedly had extramarital affairs, made through his personal attorney, Michael Cohen, and facilitated by corporate cash paid to influence the White House; there is his ongoing effort to interfere with the Russia inquiry and politicize federal law enforcement; there are the foreign governments that seem to be utilizing the president’s properties as vehicles for influencing administration policy; there’s the emerging evidence that Trump campaign officials sought aid not only from Russia, but from other foreign countries, which may have affected Trump’s foreign policy; there are the ongoing revelations of the president’s Cabinet officials’ misusing taxpayer funds; there is the accumulating evidence that administration decisions are made at the behest of private industry, in particular those in which Republican donors have significant interests.

President Trump’s May 8 announcement that he was withdrawing from the Iran nuclear deal should not have come as a surprise. He’d spent years railing against the plan—“the worst deal ever,” he dubbed it—and had promised to rip it up. And yet up to the moment when the president made the final call, there was still some suspense about what he would say.

This was not merely wishful thinking by the deal’s backers, though it was partly that. It was not only that members of Trump’s team, most notably Defense Secretary James Mattis, had voiced support for the deal. It wasn’t even just that Trump relishes taking the press (and even his own advisers) by surprise.

No, the other big reason that no one could be sure was that Trump almost always folds. Faced with a tough decision, the president has consistently blinked, giving in to his opponents. Trump has mocked former Secretary of State John Kerry for his supposedly poor negotiation powers, argued that multiple past international agreements suffered from weak-kneed diplomacy, and criticized British Prime Minister Theresa May, a close U.S. ally, for her conduct of the discussion on the U.K.’s departure from the European Union.

Many Democrats believed that a years-long bipartisan push to overhaul the federal criminal-justice system died with the election of Donald Trump. The president had proudly anointed himself the “law-and-order candidate” in 2016 and appointed as his attorney general Jeff Sessions, the Senate’s leading conservative critic of reducing mandatory-minimum sentences, improving federal prison conditions, and easing the transition back into society for those incarcerated.

But Trump is now backing a component of that effort—prison reform—and the sudden viability of the issue is dividing Democrats, who are torn over whether to accept a modest step toward reducing rates of recidivism or hold out for a more comprehensive solution that’s unlikely to pass while Trump is in office. The House on Tuesday evening passed bipartisan legislation known as the First Step Act that would authorize $250 million in new funding for prisoner-reentry programs, ban the shackling of pregnant inmates, and expedite early release for elderly inmates and those who earn “good time” credits during their sentences.

Since the Kilauea volcano began its most recent eruptive activity on Hawaii's Big Island three weeks ago, the situation has evolved and worsened. More than 40 structures have been destroyed and one resident was badly injured when he was struck in the leg by a molten hunk of rock thrown from one of the erupting fissures. The Associated Press reported that some fissures were merging and producing faster and more fluid lava, which began flowing in glowing rivers toward the Pacific Ocean. Over the weekend at least two of the lava flows reached the shore, sending up billowing plumes of steam, and generating “laze,” or lava haze, a dangerous mix of hydrochloric acid, steam, and volcanic glass particles. Geologists continue to urge caution and patience during this event, saying that Kilauea remains volatile with no predictable end in sight for the current eruptions.

PARIS—Will a certain dream of Europe end with a bang or a whimper, with a calamity or a thousand paper cuts, with a grand dramatic moment or a tawdry local melodrama? That’s the question that has been swirling around in Europe ever since two populist, Euroskeptic parties triumphed in Italy’s national elections in March. The vote failed to produce a solid majority, plunging the country into weeks of confusing backroom negotiations that have made serious people despair and markets tremble. But this week, the anti-establishment Five-Star Movement and anti-immigrant League party, which joined together in an unsettling marriage of convenience last week, announced they’d picked Giuseppe Conte, an unknown lawyer, law professor and expert in “de-bureaucratization,” to be prime minister. On Tuesday, after weeks of twists and turns, Italian president Sergio Mattarella gave Conte a mandate to form a government. The deal isn’t entirely sealed and the government must pass a confidence vote in Parliament, but that’s likely to happen since the two parties have a majority, however slim.

Many proposals for addressing school segregation seem pretty small, especially when compared to the scale and severity of the problem. Without the power of a court-ordered desegregation mandate, progress can feel extremely far off, if not altogether impossible. Some even believe—understandably though mistakenly—that no meaningful steps can be taken to integrate schools unless housing segregation is resolved.

But a new theory from Thomas Scott-Railton, a recent graduate of Yale Law School, provides reason to believe there are still new ways to think about this issue. Railton’s approach does something that’s all too rare in education-policy debates: He takes what are normally viewed as discrete issue areas—K–12 segregation, college admissions, and the lack of diversity at top universities—and says, what if those can all be addressed together? What if, in fact, it’s impossible to address them apart? Scott-Railton’s proposal, which he published in the Yale Law & Policy Review, is to reduce K–12 segregation by reforming the college-admissions process.