People will look back on this era in our history to see what was known about Donald Trump while Americans were deciding whether to choose him as president. Here’s a running chronicle from James Fallows on the evidence available to voters as they make their choice, and of how Trump has broken the norms that applied to previous major-party candidates. (For a Fallows-led, ongoing reader discussion on Trump’s rise to the presidency, see “Trump Nation.”)
Early this month, a group of 50 national-security officials who had served in Republican administrations—Nixon, Ford, Reagan, Bush I, Bush II—released a statement opposing Donald Trump and saying that he would be “the most reckless President in American history.”
A few days before that, a former head of the CIA formally endorsed Hillary Clinton, saying that Trump had become “an unwitting agent of the Russian Federation.” That was a day after President Obama declared Trump “unfit” for the presidency, and a former prime minister of Sweden said Trump was “a serious threat to the security of the West.”
Today Ben Leubsdorf, Eric Morath, and Josh Zumbrun of the WSJ published the results of a survey of all living former members of the president’s Council of Economic Advisers, with service dating back to the time of Richard Nixon. Not one of them expressed support for Donald Trump. All of the Republicans who expressed a preference opposed him.
The story quoted a post by Gregory Mankiw, chairman of the CEA under George W. Bush:
“I have Republican friends who think that things couldn’t be worse than doubling down on Obama policies under Hillary Clinton. And, like them, I am no fan of the left’s agenda of large government and high taxes,” Mr. Mankiw wrote. “But they are wrong: Things could be worse. And I fear they would be under Mr. Trump.”
I’m not aware of anything like this having happened before. Noted for the record, with 74 days to go until the election, and with no tax returns or plausible health report yet on public offer.
The previous 84 items in this series cover developments that might concern Donald Trump’s opponents. Tonight we have one that might concern his most fervent supporters.
In an interview aired Wednesday evening with his supporter Sean Hannity, Trump showed that he understood the logic behind immigration-reform proposals like that of Marco Rubio’s “Gang of 8.” The starting point for such proposals has been the reality that millions of people are already in the United States without legal permission. Some are ordinary criminals, who if they’re caught are usually jailed or deported. But many others are parents, students, workers, or others who lead regular law-abiding lives except for their illegal immigration status.
What do you do with them? From George W. Bush to Barack Obama to the bipartisan members of the Gang of 8, the answer was: you don’t pretend you’re going to round them up and expel them. It can’t and won’t happen, and shouldn’t. But Donald Trump’s answer since the start of his campaign has been: Yes it can! And will and should! Find these illegals and send them home. That was the basis of his attack on softies like Rubio (who ended up renouncing the Gang of 8) and Jeb Bush. It was the logical complement to his talk about the wall. It has been to his campaign what standing up to the Soviets was to Ronald Reagan in 1980.
But in the interview tonight Trump said, in effect, Never mind! You can read the whole extraordinary transcript of his talk with Hannity in this Twitter post by Sopan Deb of CBS News. Here is a crucial passage:
“It’s a very, very hard thing.” It’s so tough to think of throwing a family out. These are exactly the real-world concerns behind decades’ worth of reform efforts. They’re the same concerns Trump has until now mocked as weak and loser-like. His hard line on deportation is what has attracted his most devoted supporters. One of those, Ann Coulter, had a pro-Trump book published this very day, in which she says: “There is nothing Trump can do that won’t be forgiven. Except change his immigration policies.”
Will his supporters still forgive him? Has his policy changed? Is it a policy at all? We’ll see. One way or another, this is a moment to note.
1) In a speech this evening in Jackson, Mississippi, Trump sounded more the way he had for the past year, and less how he sounded in the Hannity session aired on Fox at about the same time. (It was taped a few days earlier.) For instance, tonight he said, “The media ignores the plight of Americans who have lost their children to illegal immigrants, but spends day after day pushing for amnesty for those here in total violation of the law. We can’t allow that.”
“We can’t allow that,” versus “Who wants those people thrown out?” Same candidate, same night. Remember back when “I voted for it, before I voted against it” was by itself a major campaign gaffe?
2) With ten weeks to go in the campaign, the Republican nominee is spending an evening … in Mississippi! This is a state with a whole 6 electoral votes. A Republican who is worried about carrying Mississippi might as well quit right now and move to Ukraine. Meta point: any day Trump is not spending in Florida, Ohio, Pennsylvania, or two or three other swing states is a day lost forever, unless it’s for a fund-raising sortie to California or New York.
3) Trump’s featured ally in Mississippi was … Nigel Farage! A Brit, the Trump of England, who rabble-roused for the Brexit vote and then resigned his party’s leadership after it passed. Perhaps there’s a comparable case, but I’m not aware of it: a nominee stumping in a small non-swing state, alongside a controversial foreigner whom very few in the crowd would recognize. Not that anything’s wrong with it. But the strategic choice is … notable.
Also notable: from the same platform tonight, in Mississippi, reading from prepared text on his teleprompter, Trump said, “Hillary Clinton is a bigot who sees people of color only as votes, not as human beings worthy of a better future.” You can do your own glosses on this. (“The judge, we believe, is Mexican,” etc. That was way back in Time Capsule #7!) I’m just noting for the record that this is the day it occurred.
The video below is not by Donald Trump or from the Trump campaign. That’s why I put an asterisk in the title line. To be clear, he has no known official involvement with it whatsoever.
But in a chronicle of what America is like, 75 days before the electorate decides whether Trump will be president, this is worth noting as an artifact. In previous campaigns—Obama-Romney, all the way back to, say, Carter-Reagan—I’m not aware of anything this blunt coming as close to “mainstream” respectability as the “alt-right” has done in informal alliance with the Trump campaign.
Some readers have complained or wondered about the title of yesterday’s installment #83, “Rent Is Too Damn High.” I guess I should have spelled out that it was an allusion to a colorful figure named Jimmy McMillan, who ran for mayor of New York in the Bloomberg era on a platform of “The Rent Is Too Damn High.” It wasn’t that long ago, but evidently some people didn’t know about it.
In the same err-on-the-side-of-clarity spirit, let me point out that this new video is meant as a take-off of Billy Joel’s “We Didn’t Start the Fire,” which after all came out nearly 30 years ago and is about the milestones of his (and my) much-deplored Baby Boomer generation.
Bonus surprise explanation: a main figure in the new video and in the movement behind it is a man named Jared Taylor. You see him briefly, with a red necktie, at time 0:40 of the video and again at time 1:00. I am pretty sure it is him in the shades, straw hat, and blue Hawaiian shirt that you see in the static shot above and playing the saxophone from time 3:00 onward.
Jared Taylor and I were good friends in the 1980s and 1990s, based on shared interest in Japan. He grew up there as the child of missionaries; went to Japanese public school and had native-speaker command of the language; and wrote an outstanding book about the strengths and weaknesses of Japan called Shadows of the Rising Sun.
We stayed in touch in the U.S. in the 1990s and I still think of him in friendly terms. But our views have diverged.
Taylor has become an organizational and intellectual leader of the “American Renaissance” movement, progenitor of what is now called the alt-right. The Washington Post’s David Weigel, from whom I learned about the video, wrote about Taylor and his movement last week. That will give you background on the ideas and people behind a video like this.
I am pivoting toward a sanity-protecting, time-preserving policy of simply noting “norm-changing” activities from the Trump campaign. That is, words or actions for which there is no known precedent from other nominees. Two from today:
1) S.V. Date’s story in Huffington Post on how the Trump campaign raised the rent (for space in Trump’s own buildings) once donors started picking up the tab. Sample:
Trump nearly quintupled the monthly rent his presidential campaign pays for its headquarters at Trump Tower to $169,758 in July, when he was raising funds from donors, compared with March, when he was self-funding his campaign, according to a Huffington Post review of Federal Election Commission filings. The rent jumped even though he was paying fewer staff in July than he did in March.
When “profiteering” or “self-dealing” complaints have arisen in past campaigns, they’ve usually involved consultants or pollsters who might, say, coordinate big TV-ad buys and then take a commission on all the purchases. I’m not aware of any that have involved the candidate’s own businesses before.
2) Roger Stone, one of Trump’s most ferocious advocates, says that Trump should release his tax returns “immediately.” The norm-changing aspect here is Trump’s ongoing refusal to release his tax information, an obligation that even Stone recognizes. Fred Goldberg, who served as commissioner of the IRS under the first President Bush, writes to underscore the fatuousness of Trump’s “they’re under audit” excuse for not releasing his returns.
Reminder: The original idea behind this Time Capsule series was to record, in real time, what the American public knows and learns about Donald Trump while it is deciding whether he should become president. Mainly I’ve tried to stick with norm-changing events, those for which there is no obvious precedent. Here are four recent items that, to the best of my knowledge, differ from what we’ve ever seen from major-party nominees or their campaigns.
1) “Hillary Clinton is sick.” In stump speeches Donald Trump has been saying that Hillary Clinton looks bad and has to sleep a lot. His campaign representatives Rudy Giuliani and Katrina Pierson have been much more direct, implying that Clinton either has a serious disease or is suffering cognitive damage. You can read about it in David Graham’s new item here, and also here, here, here, and here. On CNN, Amy Kremer of Women Vote Trump likened the aftereffects of Clinton’s concussion several years ago to traumatic brain damage for NFL players.
On the merits of such claims, Clinton’s doctor, Lisa Bardack, has released a statement denying these reports and affirming her “excellent health.” (As a reminder, the only health information Trump has released is the Onion-style report from last year, which states “unequivocally he will be the healthiest individual ever elected to the presidency.”)
As for the norms of campaigning: Health questions obviously have a long history in presidential politics. Franklin Roosevelt was gravely ill when he ran for a fourth term in 1944 but did his best to conceal that—as he had (with press connivance) minimized awareness of his paralysis throughout his time as president. There were whispering campaigns about Ronald Reagan’s age and mental condition when he ran for re-election in 1984, about John Kennedy’s ailments including Addison’s disease in 1960, and of course about Thomas Eagleton’s history of mental illness, which drove him from the Democratic ticket in 1972. But I’m not aware of a previous case in which senior campaign representatives came right out with public suggestions of ill health, as Trump’s are doing now.
2. Deportation? Maybe not. Reports over the weekend suggest that Trump might be reconsidering his promise to find people without legal immigration papers and send them back home.
“Adaptability” has always been part of politics. FDR ran as a fiscal conservative in 1932 but then launched the New Deal. Woodrow Wilson ran for re-election in 1916 as the president who “kept us out of war” and then took us into war. Mike Pence and Tim Kaine, both previously in favor of the TPP trade deal, now are both against it—the same is of course true of Hillary Clinton. There are examples from almost every president or nominee.
But again I’m not aware of another case of a nominee suggesting a change on so fundamental a premise of his campaign. It is as if Abraham Lincoln, in 1860, had indicated that he was open-minded about secession, or like George McGovern in 1972 saying that maybe the Vietnam War wasn’t so bad. (And to spell this out: Lincoln and McGovern were right in the views they had and stuck with. Trump’s deportation plan, in my view, is wrong, but it’s been the heart of his campaign.)
3. A new season of The Apprentice? A report by Sarah Ellison of Vanity Fair indicates that Trump talked with NBC officials, before he ran, about possibly hosting new seasons of the show from the White House. Obviously nothing like this has occurred before. Closest imaginable counterpart: if Ronald Reagan, after becoming president, had revived General Electric Theater, a TV series that he hosted in the 1950s and early 1960s.
Every president ends up resenting the press. While in office Harry Truman got so mad about a hostile Washington Post review of his daughter’s piano concert that he sent a personal letter to the reviewer, Paul Hume, threatening to beat him up. (The letter is here, and it is amazing. For instance: “Some day I hope to meet you. When that happens you'll need a new nose, a lot of beefsteak for black eyes, and perhaps a supporter below!”) But the Truman episode is famous because it’s so unusual.
The main other illustration: During the 2000 campaign, then-nominee George W. Bush stood at a podium with running mate Dick Cheney and, not realizing the microphone was on, referred to a certain New York Times reporter as “a major league asshole.” Cheney replied, “Yeah, big time.” This is like what Trump keeps doing with his tweets, except that Bush and Cheney didn’t think they were doing it in public, whereas Trump is deliberately sending the message to millions of followers.
It’s now 77 days until the election: no tax returns or plausible health report forthcoming; official GOP leadership still standing firm with the nominee.
Donald Trump’s comments last night in Dimondale, Michigan, have already received a lot of attention. They’re worth noting as part of his campaign’s evolution, and worth watching in the video below, for these reasons:
They come after, not before, the latest “pivot” to a more compassionate, more general-election-minded tone in the campaign. This is the nice Trump.
They resemble appeals with a long and sometimes honorable history. Some black conservatives, and more whites, have argued over the decades that the taken-for-granted status of black support for Democratic candidates leaves the African-American vote, well, taken for granted. The most heartfelt and appealing version of the argument that black voters should consider voting Republican came from the late Jack Kemp, due to his sunny bearing and his own bona fides from a career in the integrated world of sports. It was different from the version Trump presented here.
Trump ostensibly made his argument to black voters, asking “what do you have to lose?” But if you watch the clip you’ll see that in context he is talking about black people, to an audience that was mainly white. (Audience composition is something you can largely control if you’re running a national campaign. Where you hold the event, where you drum up attendance, whom you seat in the prominent on-camera places behind the candidate and in the front of the crowd—these all have an effect and can be tuned.)
Most remarkable was a tone that amounted to treating black America as a problem, rather than as a group that has some problems. The tension between statement and insinuation was similar to Trump’s inaugural statement last year about Mexicans: “they’re sending rapists.” He wasn’t explicitly saying, “Mexicans are rapists.” But the tone and insinuation were those you would never use about a group you cared about, or respected. Also, the repeated you when talking to or about black Americans was not matched by a we, emphasizing that blacks, Mexicans, etc were all part of our America.
Listen to the passage starting at time 1:05 of the clip below. To me the unavoidable tone is the same: What is wrong with “you people”?
Trump rounds out this appeal by saying that if he’s elected, he’ll get 95% black support for his re-election. “I guarantee it!” This will probably end up being classified in the “sarcastic” bin, given that not even Barack Obama got that large a share of the black vote in his re-election run. He got about 93% in 2012; Trump right now is running between 1% and 3% black support, depending on the polls.
Update Trump has said similar things, more clearly, on Fox News. It’s worth reading the report on Think Progress. “Total catastrophe” is one of the terms he uses to describe the achievements and situation of black Americans.
When I saw this news last night, I thought: can I stand to add this to the log? The photo below is part of the reason I’ve gone ahead and done so.
Incumbent Republican Senator Pat Toomey of Pennsylvania is running hard for re-election this year, in a state where Donald Trump is now running far behind Hillary Clinton. I saw his campaign bus yesterday evening in Erie and talked with a staffer who was standing by the bus.
“You from Pennsylvania?” he asked — ie, are you a potential voter worth my spending time with?
“Originally!” I said, accurately if misleadingly. I was born in Philadelphia, where my parents grew up, before the Navy moved our family to California. Then I asked, “How does the Senator stand on Trump?”
“He’s still waiting to see,” the staffer said. (It turns out that “waiting” is the official Toomey stance on this issue.)
“I wonder what more he needs to see,” I volunteered, as the staffer began to realize I wasn’t a likely prospect, and the caravan moved on.
That’s why it’s worth adding to the chronicle. “Responsible” Republicans like Senator Toomey are still considering Donald Trump potentially acceptable, as he continues to say and do the things he says and does.
There it stands, with 79 days until the election, and no tax returns or plausible medical report on offer from the Trump campaign.
No larger point for now (still on the road, out all days on interviews in Erie), but here we note for the record the second major change in Trump campaign leadership within roughly two months.
In June, Corey Lewandowski was out, soon to join CNN, and Paul Manafort was in. Today, Manafort is out, and Kellyanne Conway and Steve Bannon are in.
To say something you might have seen before in this space: This level of churn and chaos very rarely occurs in a major-party presidential campaign. To the best of my knowledge, it has never occurred in a winning campaign.
Now perhaps we’ll never know who was telling the truth about the change in the GOP platform, made at the convention, that favored Russia and Manafort’s pro-Russian former client, Viktor Yanukovych (as noted here two weeks ago). Members of the platform committee say that the Manafort-led Trump campaign asked for this change, and only this change, in the party’s platform. Manafort flatly and categorically denied that Team Trump had anything whatsoever to do with the change. “It absolutely did not come from the campaign,” he told George Stephanopoulos. “No one, zero” from the campaign was involved.
The members of the platform committee had no reason to misrepresent what happened. Manafort did, and had a long record of Baghdad Bob-like flat denials of reality when speaking for the campaign. Thus I’ve assumed that he was the one dissembling. But presumably the press spotlight will for now move away from him and resolving this issue. Legal proceedings could be another matter.
Eighty days to go until the election; still no tax returns or plausible medical report on offer from the Trump campaign; but it’s a new team with a new start. On to new reports tomorrow.
I’ve innocently spent a few days offline, in the same city (Erie, Pa.) where Donald Trump spoke this weekend but seeing a completely different prospect from the one he described. And I log back to on to see—whoa!
In order, and for the record:
Medical records. While Trump’s refusal to release his tax records has gotten more attention, his failure to provide a plausible medical report is in a way more shocking (as I’ve noted over the months).
The only report he has put out is a preposterous North Korean News Service-style farce last year, from a doctor who certified him as “unequivocally the healthiest individual ever elected to the presidency.” Also, the very oldest. Ronald Reagan was not quite 70 when he began his first term. Donald Trump would be 70 ½.
Meanwhile, tax returns. This past weekend in the NYT, Rep. Mark Sanford of South Carolina wrote an op-ed called “I Support You, Donald Trump. Now, Release Your Tax Returns.” Sanford, a former governor, is no one’s idea of a liberal. He makes a powerful case, from a stance of supporting Trump, that Trump should respect the expectation of all nominees since Richard Nixon and release his taxes. Sample:
I ran twice for governor of South Carolina, and I released my tax returns both times. To be frank, it felt a bit like a colonoscopy: I didn’t like it, but it was our tradition in South Carolina. The power of staying true to the precedent that had been set prevailed. If presidential candidates won’t release their tax returns, you can expect the same in the states. If a presidential nominee doesn’t do it, why should a candidate for governor?
Paul Manafort, we hardly knew ye. On the day that Manafort gets competition for his leadership of the Trump campaign, yet another story about the complications of his involvement in Ukraine. Sample, from the AP:
Donald Trump’s campaign chairman helped a pro-Russian governing party in Ukraine secretly route at least $2.2 million in payments to two prominent Washington lobbying firms in 2012, and did so in a way that effectively obscured the foreign political party's efforts to influence U.S. policy.
The revelation, provided to The Associated Press by people directly knowledgeable about the effort, comes at a time when Trump has faced criticism for his friendly overtures to Russian President Vladimir Putin. It also casts new light on the business practices of campaign chairman Paul Manafort.
It’s worth noting that Manafort still has not addressed what appears to be an important and very public flat-out lie: his claim that no one from the Trump campaign had anything whatsoever to do with a change in the GOP platform to favor Russia and weaken support for Ukraine.
Team Breitbart. Oh lord. Please read this wonderful story by my former Atlantic colleague Joshua Green, in Bloomberg Businessweek, about the new talent Trump has brought onto his team. A clue comes from the headline: “This Man is the Most Dangerous Political Operative in America.” And that was before he took charge of the GOP campaign!
These intel people, what do they know? As he gets his first classified briefing, Donald Trump says he “doesn’t trust” the official U.S. government intel agencies. Good! Maybe they won’t have to give him subsequent briefings.
On the cusp of 81 days until the election, with neither tax returns nor a plausible medical report released, I’ll stop with this for the moment, and get back to the things actually going in a positive direction in the country. Despite the “to infinity” billing in this item’s headline, there are sure to be more installments to come.
This is a breaking-news placeholder, for “what we knew, when” purposes:
One month ago, the Republican platform was altered to soften any commitment to supporting Ukraine in its struggles against Russia (which seized Crimea from Ukraine two years ago). This was the only significant change in the foreign-policy aspects of the platform at the convention.
Two weeks ago, Donald Trump’s campaign manager Paul Manafort, whose former PR clients included Victor Yanukovich, the now-deposed, pro-Russian President of Ukraine, categorically denied that he or anyone from the Trump campaign had anything whatsoever to do with this change.
One week ago, several members of the platform committee began emerging to say: No, that’s not true, the only reason for the change was pressure from the Trump campaign. That is, that Paul Manafort’s categorical denials had to be false. The Trump campaign has not addressed the contradictions.
This evening, the New York Times has a big investigative piece by Andrew Kramer, Mike McIntire, and Barry Meier on Paul Manafort’s involvement in Ukraine. It says, among other things, that secret ledgers “show $12.7 million in undisclosed cash payments designated for Mr. Manafort from Mr. Yanukovych’s pro-Russian political party from 2007 to 2012, according to Ukraine’s newly formed National Anti-Corruption Bureau. Investigators assert that the disbursements were part of an illegal off-the-books system whose recipients also included election officials.” A delicious note is that Corey Lewandowski, the ousted pre-Manafort Trump campaign manager, tweeted out a link to the NYT story.
What does this add up to? At the moment I don’t know. I will say one more time: nothing quite like this has happened before. And with 84 days until the election, there is all the more reason to expect Donald Trump to do what all other post-Nixon nominees have done, and release his tax returns.
Actually, that’s a pretty good working definition of what freedom of the press is, and by extension freedom of speech as well.
If a statement is “completely false,” and personally damaging and malicious, there is the remedy of libel law. But if a statement is “complete false” in that it runs against your own beliefs or evident facts—for instance, a claim that the current president is a “founder of ISIS” or was born in Kenya—free societies place long-term faith in the concept of the marketplace of ideas. They are built as well on the belief that in diverse democracies people will have to put up with views contrary to their own. (Yes, I do realize that there are different, more permissive legal standards for false statements about public figures.)
All politicians end up resenting the press, while also courting and relying on it. I am not aware of any other president or major-party nominee who has used air-quotes around “freedom of the press” or publicly made arguments about its limits similar to this latest one from Trump, with 85 days to go until the election.
I am aware, though, of some other thoughts on this theme:
If there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought-not free thought for those who agree with us but freedom for the thought that we hate.
Donald Trump embraces his status as an outsider to the world of politics and policy. He says that once in office, he would attract “all the best people.” He could make the great deals, and then they could work out all the little details.
This week he announced a group of these best people, including a former lieutenant governor of New York named Elizabeth “Betsy” McCaughey.
For those who have followed national policy debates over the past generation, this is not an encouraging sign. McCaughey has been a central, causal factor in two of the major failures of public information and decision-making since the early 1990s. Thus selecting her sends a signal roughly comparable to announcing a famous anti-climate-science figure as an environmental advisor or an anti-vaccine activist for counsel on public health.
Nearly 25 years ago, when Bill and Hillary Clinton were trying to pass their health care reform plan. Betsy McCaughey made her name with a completely inaccurate, but politically damaging, misrepresentation of the plan. You can go back to an Atlantic article I wrote about this in 1995 for the details. In essence: in her “No Exit” essay for The New Republic, McCaughey invented and propagated the myth that the health care bill would criminalize buying any health care outside the government program. That was flat-out false, but proving that it was false took time—and by then the damage had been done. (More after the jump.)
During the Obamacare debates seven years ago, McCaughey more or less single-handedly created the myth that the bill would set up “death panels” to determine whether ailing patients were worth keeping alive. Also false. Also damaging.
Unlike some of the other Trump words or deeds recorded in these chronicles, the decision to involve McCaughey in a campaign is not unprecedented. After her burst of prominence in the Clinton-era health-care wars, McCaughey was recruited to be George Pataki’s running mate in his campaign for governor of New York in 1994. The two soon fell out, and by the time Pataki ran for re-election in 1998, McCaughey ran against him—first in the primary for the Democratic nomination, and after she lost there, as a Liberal party candidate for governor. But Trump’s selection of her now shows something about his up-to-dateness on these issues and his ability to judge and attract talent.
Update: Similarly on Trump’s instinct for talent, consider his spokesperson, Katrina Pierson, saying today on CNN that the U.S. “was not in Afghanistan” until Barack Obama took office and decided that the U.S. should wage war there.
“The law will prevent you from going outside the system to buy basic health coverage you think is better,” McCaughey wrote in the first paragraph. “The doctor can be paid only by the plan, not by you.” … The “doctors in jail” concept soon turned up on talk shows and was echoed for the rest of the year.
These claims were simply false. McCaughey’s pose of impartiality was undermined by her campaign as the Republican nominee for lieutenant governor of New York soon after her article was published.
I was less impressed with her scholarly precision after I compared her article with the text of the Clinton bill. Her shocked claim that coverage would be available only for “necessary” and “appropriate” treatment suggested that she had not looked at any of today’s insurance policies. In claiming that the bill would make it impossible to go outside the health plan or pay doctors on one’s own, she had apparently skipped past practically the first provision of the bill (Sec. 1003), which said,
“Nothing in this Act shall be construed as prohibiting the following: (1) An individual from purchasing any health care services.”
In an interview with the Miami Herald today, a man who could become the next president said that if it were up to him, U.S. citizens suspected of terrorist involvement could be sent to Guantanamo and handled by military tribunals, rather than tried in normal courts.
Here is what the Sixth Amendment to the U.S. Constitution says on the topic:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Of course you could make a case that unusual circumstances require unusual measures: Abraham Lincoln imposed martial law during the Civil War. Woodrow Wilson suppressed free speech during World War I. Franklin Roosevelt notoriously authorized the internment of ethnically Japanese U.S. citizens during World War II. The entirety of the post-9/11 era has involved tensions along the frontier between liberty and security, and elaborations of the differences between the rights of people in general and the additional rights (under U.S. law) of U.S. citizens.
You could make a case—but Trump didn’t even pretend to try. Here is the extent of his “thinking” on an issue involving first principles of liberty, constitutional balance, and how a democracy maintains its values while defending itself:
Asked about Guantánamo in the past, Trump has said he would like to “load it up with bad dudes.”…
“Would you try to get the military commissions — the trial court there — to try U.S. citizens?” a reporter asked.
“Well, I know that they want to try them in our regular court systems, and I don’t like that at all. I don’t like that at all,” he said. “I would say they could be tried there, that would be fine.”
“I don’t like that at all”—such is his case against today’s understanding of constitutional protections. “That would be fine.” Actually, no.
And still, as the clock ticks down to 87 days until the election, we have: no tax returns; no plausible medical report (for the North Korean News Service version of a report, see this); no flinching by the likes of Ryan, McConnell, McCain, Portman, Rubio, Toomey, Ayotte, et al on what it would mean to have this man in command.
The New York senator still hears criticism for saying her Minnesota colleague needed to resign, but many women have thanked her, and she’s got millions in the bank.
George Soros is mad. Susie Tompkins Buell hasn’t forgiven her. Other Democratic mega-donors are still burning with anger over Al Franken, too. But Kirsten Gillibrand is doing just fine without them.
The New York senator, who’s expected to launch a presidential campaign soon, can’t go anywhere without hearing the noise about her decision—now more than a year ago—to call for Franken to go in a #MeToo scandal. But the numbers tell a different story: Gliding to another term in November, she put $17.5 million in the bank in the past two years, more than any other potential presidential contender in the Senate aside from Elizabeth Warren. Gillibrand is finishing the year with $10.5 million in the bank that can be transferred right into a 2020 run, only $2 million behind Warren. She raised $5.5 million in low-dollar donations, behind only Warren and Bernie Sanders.
A new biography squares the decorous legal figure with the feminist gladiator.
Ruth Bader Ginsburg is not just having a “moment” in American feminist culture. She has rapidly become—in a time that craves heroines—the American ideal of power and authority for millions of women and girls. Beyond the movies (RBG, released in May, and On the Basis of Sex, out in December) and the biographies, not to mention the memes and T-shirts and mugs that proliferate like lace-collared mushrooms, Ginsburg at 85 is also the closest thing America has to the consummate anti–Donald Trump. Today, more than ever, women starved for models of female influence, authenticity, dignity, and voice hold up an octogenarian justice as the embodiment of hope for an empowered future.
It used to be normal for candidates to accept corporate money. Now it’s seen as shameful.
Earlier this month, a revealing spat broke out on Twitter. David Sirota, a left-leaning journalist who once worked for Bernie Sanders, announced that he had uncovered something while mining campaign-finance data: “Beto O’Rourke is the #2 recipient of oil/gas industry campaign cash in the entire Congress.” Neera Tanden, the president of the Center for American Progress and a former domestic-policy adviser to Hillary Clinton and Barack Obama, pushed back. “Oh look,” she tweeted, “A supporter of Bernie Sanders attacking a Democrat. This is seriously dangerous.”
The dispute escalated three days later when The Washington Post’s Elizabeth Bruenig wrote a column declaring that she “can’t get excited about Beto O’Rourke” as a presidential candidate, because, among other things, he lacks a “well-attested antipathy toward Wall Street, oil and gas.” To which Tanden replied, “Bruenig’s piece in the Post on Beto is just the latest attack by a supporter of Senator Sanders.” Then, on December 10, the journal Sludge, which investigates money in politics, defended Sirota’s charge and noted that the Center for American Progress itself “has in the past accepted donations from multiple fossil fuel companies.”
The chief justice is responsible for the Obamacare mess out of Texas.
Friday’s decision striking down the Affordable Care Act, Texas v. United States, is wrong and should be reversed on appeal for reasons ably explained by its many critics. Yet in focusing their wrath on the Texas decision, the critics overlook the fact that Chief Justice John Roberts put us in this mess by making a bad choice in the Supreme Court’s 2012 decision upholding Obamacare, NFIB v. Sebelius. Roberts erred—and opened the door to the Texas debacle—by failing to follow a famous and well-established 200-year-old precedent set by Chief Justice John Marshall.
In his 2012 opinion, Roberts provided the deciding fifth vote for two rulings on the law’s individual mandate—the requirement that most Americans either purchase health insurance or pay a tax—which was considered the linchpin of the 2010 law. Joining the four conservatives, Roberts maintained that the mandate could not be sustained as an exercise of Congress’s power to regulate interstate commerce. But he joined the four liberals to uphold the mandate under the taxing power.
Global warming may have turned an already historic dry spell into the third-worst drought of the past 1,000 years.
Every so often, the American West seems to lurch into something called a “mega-drought.” The rains falter, the rivers wither, and the forests become tinder boxes waiting for a spark. Mega-droughts are notoriously hard to study—the last one happened in the 16th century—but what we do know is worrisome. In the 1540s, a few wet years in the middle of a mega-drought may have triggered one of the worst disease epidemics ever recorded.
According to research unveiled last week, mega-droughts may no longer be history. On Thursday, a team of climate scientists argued that the American West may currently be experiencing its first mega-drought in more than 500 years. A record-breaking period of aridity set in around the year 2000 and continues to this day, they said.
Last winter, a recipe for salted chocolate-chunk shortbread cookies spread through my social circle like a carbohydrate epidemic. One of my friends kept seeing the cookies pop up on Instagram and, relenting to digital peer pressure, eventually made them. She brought half the batch to a dinner party, and then it was off to the races. For months, it felt like every time I showed up to a party, someone else was pulling a Tupperware out of a tote bag, full of what was eventually known among us as just The Cookies.
The particular look of The Cookies—chunky and squat, with a right-angled edge rolled in demerara sugar, finished with flaky salt—made them distinctive in a way that few recipes are, which in turn made the recipe, from the chef Alison Roman’s Dining In cookbook, an easy shorthand. As each subsequent friend made and presented their cookies, they’d note how the process went. It seemed like everyone I knew had taken up baking. Via the social-media response to her book, Roman noticed the same thing. “It seemed to be a lot of first-time bakers making the cookies, like it was a fun, social art project,” she says. Beyond The Cookies, people I follow on Instagram and Twitter had also started turning out pies, cakes, tarts, and breads.
"It's street cred—the more sponsors you have, the more credibility you have."
Tapping through Palak Joshi’s Instagram Stories recently, you might have come across a photo that looked like standard sponsored content: A shiny white box emblazoned with the red logo for the Chinese phone manufacturer OnePlus and the number “6,” shot from above on a concrete background. It featured the branded hashtag tied to the phone’s launch, and tagged OnePlus’s Instagram handle. And it looked similar to posts from the company itself announcing the launch of its new android phone. Joshi’s post, however, wasn’t an ad. “It looked sponsored, but it’s not,” she said. Her followers are none the wiser. “They just assume everything is sponsored when it really isn’t,” she said. And she wants it that way.
Matt Damon and Leslie Jones screaming at each other about the relative merits of Weezer was cleverer than it might sound.
Comedy often thrives in specificity, and a sketch that came late in the most recent episode of Saturday Night Live was the perfect example, mining laugh after laugh from the minutiae of the band Weezer’s discography. Three couples, all neighbors, get together for dinner, and Weezer’s recent cover of Toto’s “Africa” randomly comes on the playlist. Two guests, played by Leslie Jones and the episode’s host, Matt Damon, have very strong opinions about the song, and about Weezer in general. The four others barely care about the disagreement that ensues, but they are suddenly a captive audience to a screaming argument.
Damon, wearing black-framed glasses, gives a spot-on performance as the self-satisfied nerd whose opinions are absolute, whether people like it or not. The equally brilliant Jones initially entertains his defense of the band’s more recent output, before hitting him with: “Real Weezer fans know that they haven’t had a good album since Pinkerton in ’96!” Their purist-versus-completist showdown continues, first in good fun, before descending into charged personal insults. “Oh, I’m sorry! You’re dumb!” Jones yells. “No offense, but burn in hell,” Damon shoots.
Many families who opt out of buying stuff are coming up with creative alternatives and new traditions.
This year, Heather Hund and her family will gather in West Texas on December 25 and solidify a new Christmas tradition, in which each relative is randomly assigned to give a gift to another family member and to a house pet. “The rules are basically a regift for the human and then $10 for the pet,” Hund told me. “And my 18-month-old son got put in [the latter] category too, so it’s small humans and small animals.”
Hund and her family downscaled their gift-giving six years ago after considering how much work Christmas shopping was. “I just remember coming home and being super stressed and last-minute trying to run out to the mall or looking online and seeing what I could get shipped in like three days,” said Hund, who’s 35 and works in tech in San Francisco.
Weighted blankets began as a coping device in the special-needs community. Now the Instagram-shopping masses can’t get enough of them.
Donna Chambers first heard about weighted blankets when her grandson was diagnosed with autism. It was just before his third birthday, and someone Chambers knew recommended giving him a heavy quilt with plastic pellets sewn in to help him relax and fall asleep. “It was like somebody’s grandma was making them,” Chambers remembers. “They said, ‘You can talk to this lady, and she can make you one.’” She looked online and found a few other options; mostly, though, she saw an opportunity. She contacted a friend from her church in Chattanooga, Tennessee, who could sew: “I was like, ‘I want to make one of these blankets. Do you think you could help me?’”
So when Chambers started her weighted-blanket company, SensaCalm, in 2008, she knew she hadn’t invented the device. Rather, she’d joined a tiny cottage industry of weighted-blanket makers—many of them small companies with names such as Therapy Shoppe, DreamCatcher, and Salt of the Earth Weighted Gear that sold blankets alongside products such as weighted vests, shoulder wraps, and lap pads. Research suggests that deep pressure on the body can calm the nervous system. One parent of a 12-year-old with Asperger’s wrote in a heartfelt product testimonial that her son’s first night with a weighted blanket was his best night of sleep ever.