In 1939, Irmgard Köppel, her husband Josef, and their 14 month-old daughter Judith attempted to flee Nazi Germany for the United States, but were turned away at the border and forced to return to Germany. Irmgard and Josef later died at Auschwitz. Judith, however, survived, because she was harbored, at great personal risk, along with five other Jewish children, by French gentiles, Joseph and Eliette Enard.
The question that Trump’s travel and refugee bans asks us as a country is whether we will be more like the U.S. authorities who sent the Köppels and thousands of other Jewish refugees to their deaths, or more like the Enards, who risked their lives to save those of a different faith and nationality.
Trump’s executive order actually does two things, which are being conflated by many critics. First, the administration banned for 90 days entry into the United States by citizens of seven countries (Libya, Iran, Iraq, Somalia, Sudan, Syria, and Yemen). It is not really a Muslim ban, since it applies to non-Muslim citizens of those countries, and does not include Muslims from other countries. However, there is little doubt that it is motivated by a degree of anti-Muslim animus. (The order may also run afoul of the Immigration and Nationality Act of 1965, which bars immigration discrimination on the basis of national origin).
The seven affected countries were already on a list, drafted by the Obama administration, and codified by Congress as part of the Terrorist Travel Prevention Act of 2015, whose travelers require stricter scrutiny. As a matter of policy, it makes little sense, since it does not cover countries like Saudi Arabia and Pakistan, where there is a real radical Islamicist presence, while including countries like Iraq, where troops are fighting alongside Americans to battle ISIS. The number of Americans killed in this country by citizens of those seven countries has been precisely zero. (And are we really issuing many visas in Yemen these days?) If the policy had been better designed, implemented, and communicated, it would still have been bad policy, but it would probably have ignited less outrage.
But, Trump overruled the Department of Homeland Security, to include green card holders, other permanent lawful residents, and possibly even those with dual citizenship (interpretations differ), provisions which certainly appear to violate U.S. law, and are now being walked back by DHS Secretary Kelly. And, by providing no lead time for implementation, the administration insured chaos at airports nationwide. Those blocked from entry or detained included doctors, scientists, and artists, as well as interpreters and others who had assisted US troops. Already, ISIS has gleefully publicized the order as an example of the US “war on Islam.”
The second part of the executive order is even less defensible. That part indefinitely suspended refugee programs for Syrians and others. Compounding matters, the order says that if the programs resumed, preference will be given to Christians and other non-Muslim refugees. This callous indifference toward the suffering of thousands of men, women, and children caught up in a war that we did much to precipitate, can only be explained by anti-Muslim bias.
We are told, of course, that terrorists may try to use the refugee program to infiltrate our country. One notes that, in 1939, similar arguments were made, including a front page story in the New York Times, to suggest that Nazi spies might infiltrate Jewish refugee groups. But more importantly, there is little evidence that Islamic terrorists are actually using the refugee programs to enter the US. Indeed, if a terrorist wanted to come to the United States, going through the ponderous, bureaucratic, and heavily vetted refugee program is among the least efficient and effective ways to do so. In fact, since 1975, just three Americans have been killed by refugees. (The three refugees in question were Cuban, not Muslim.) Overall, your chances of being killed by a refugee are 1 in 3.64 billion annually.
No one can guarantee that that record will continue. Indeed, I expect that sooner or later, a Muslim refugee may commit a terrorist atrocity. But, perfect security is never a guarantee, and should not be our overriding goal. We should not allow fear to make America other than what it is. There are values more important than safety.
The United States current accepts less than one half of one percent of the world’s refugees. For a country built on immigration, compassion, and justice — that holds itself out as the beacon of liberty in this world — we can and should do better. This should not – and cannot – be a partisan issue. Rather, this is a time for moral choosing. Every American should speak out.
Joseph and Eliette Enard are memorialized at Yad Vashem as two of the “Righteous among the Nations.” When our reckoning comes, will we be counted on the side of the Enards, or will we let fear and bigotry rule our hearts, our lives, and our country.
I doubt that any of us would have predicted it – and many of us would have wished it otherwise — but as of noon tomorrow, Donald J. Trump will be the 45th President of the United States. Wow. Sometime, words fail.
But, since it is my job to come up with words anyway, a few thoughts about this new era:
1. Could we please stop with the “illegitimate president” nonsense. Yes, the Russians “intervened” in the election. Outside actors intervene all the time (and we intervene in their elections as well). Russian intervention was just a bit more explicit than usual. But a good candidate has to react to difficult events as they unfold, and Hillary Clinton, quite simply, was not a good candidate. In fact, she may have been the only possible candidate bad enough to lose to Donald Trump. It is also worth noting that what the Russians are actually accused of is hacking and releasing accurate information. Those emails – about DNC conspiring against Bernie Sanders, and so on — were real. Trump is wrong to let the Russians off the hook for the hacking, but maybe the Democrats shouldn’t have been doing some of those things in the first place. Similarly, FBI director James Comey exhibited spectacular incompetence in investigating Hilary Clinton’s private email server. But, once again, that sort of thing happens and good candidates deal with it. Remember, George W. Bush’s drunk driving arrest record that was leaked the weekend before the 2000 election? Finally, yes, Hillary Clinton won the popular vote. That should serve as a warning for Trump not to assume too much of a mandate (although Hillary’s “victory” owes itself solely to a huge margin in California). But we don’t elect presidents according to the popular vote (for good reasons in my opinion). Clinton and Trump played by the rules of the game as they existed at the time – and Trump won. Love him or hate him, he is the legitimate president of the United States.
2. As everyone knows I was irredeemably #NeverTrump. But the election is over. I can understand both why some people are enthused and excited by a Trump presidency and other people are frightened and angry. Still, rhetoric aside, he has done nothing so far – good or bad. Let’s all wait and see what he actually proposes. There will be plenty of time then to cheer or protest. Right now, the proper status would seem to be the same as for any president – watchful waiting. We should always be on our guard against governmental threats to our rights, from any president, but let’s see what happens. He is our president. We should hope that he does the right things and succeeds in them. To Trump critics I say: Dissent is indeed patriotic, but hysteria is unhelpful. To his supports I say: Fight for what you believe in, but sycophancy is not principle.
3. As for me, I plan to treat President Trump exactly the same as I have treated his predecessors. I will support his policies when I agree with them (I’m hopeful about tax reform, regulatory reduction, school choice, and Obamacare repeal), and will oppose him when I disagree (I’m concerned about civil liberties, criminal justice reform, war and peace, trade, deficits and spending, entitlement reform – or the lack thereof, immigration, and…well, you get the idea). If in your eyes that makes me insufficiently pro- or anti-Trump, well, then, you miss the point.
4. One policy note to my friends on the Left, who are now afraid of the power that a President Trump, will wield…welcome to the club. We libertarians have long warned about the dangers of government power generally, and unfettered executive power in particular. If you thought it was great when Bill Clinton aide Paul Begala waxed rhapsodic about executive orders. “Stroke of the pen. Law of the Land. Kind of cool,” or when President Obama boasted that he had “a phone and a pen,” do you still feel the same way now that that phone and pen is being wielded by the other side? And if you can’t wait to see President Trump exercise his power, remember that someday there will again be a Democratic president. Pendulums swing in politics. Therefore, whatever new powers you give your hero today, they will someday be wielded by your worst enemy. That’s why principles matter.
5. Finally, a plea for civility. My readers know that I had disagreements with President Obama (to understate it), and with President Bush before him, and before that…But I always tried to express them constructively, and with respect. Between this blog, my Facebook account, and Twitter, I have friends and followers on here of every possible political flavor. There are liberals, conservatives, libertarians, anarchists, and socialists. I have friends who are deeply religious and others who are atheists, Christians, Muslims, Jews, Hindus, Buddhists, and followers of the Flying Spaghetti Monster. I have friends who are gay, straight, and in-between, married, single, and poly. They are from all 50 states and more than two dozen countries. Debate and disagreement are healthy. But, while it may make you feel good to call your opponent a “traitor,” it is not going to do much to win him or her over. If you are talking to yourself, you are not convincing anyone of anything. We are going to have a contentious few years ahead, let’s try to get along as best we can.
Well, last night was a bit of a shock. I certainly got it wrong. Still, here are some thoughts on what happened.
1. This election was something of a primal scream of rage against the machine. Clearly, there are millions of Americans who feel disconnected from – and disrespected by – the political establishment. On the issues, they are right about some things, like crony capitalism and the bail out of Wall Street, and wrong about others, like trade and immigration. But, in the end this isn’t about issues; it is about feeling ignored. The world that these people knew is changing, and the political establishment won’t even talk to them about it. No doubt part of Trump’s support was driven by racial and class resentments, but it was more than that.
2. We remain a deeply divided country. While Trump’s Electoral College victory was impressive, the margins in each state were razor thin. Hillary may still win the popular vote. There clearly are two different Americas. One represents the coasts, the cities, and the suburbs. The other represents vast swaths of exurban and rural middle-America. These regions differ ethnically, in terms of education, and in whether they have benefited from a changing economy and a more interconnected world.
3. Those divisions are not going away any time soon. In fact, they are likely to grow worse. The economy is going to keep changing. Automation will continue to eliminate low-skill jobs and physical labor jobs. Education will have an ever higher premium. At the same time, demographic changes are here to stay. The America of the future will be less white. That will feel increasingly threatening to some people. This election was, to some extent, a backlash.
4. We will have to see if President Trump can soothe these fears and unite the country. His victory speech last night set the right tone. On the other hand, his campaign had played footsie with white nationalism, anti-feminism, and anti-Semitism. There’s more than enough reason to be concerned. I know this morning that many people are terribly frightened. But let’s all take a deep breath. This won’t be the apocalypse. We have survived bad presidents before. My God, we survived Nixon. For the most part our lives have little to do with politics or presidents. We need to be vigilant, defend our rights, fight back where necessary, but not panic.
5. This election was also a rejection of Hillary Clinton. Hillary was, of course, a deeply flawed candidate. Remember that she lost to Barack Obama in 2008, in a race she should have won. She nearly lost the primary to a 75-year-old socialist. Moreover, at a time when people were demanding change, there was nothing less-change than the Clintons. They have been part of the establishment forever. It seems like there has always been a Clinton on our TV screens, usually trailed by some sort of scandal or something else unseemly. Hillary was always going to be a tough sell this year. This year started out with people talking about another Bush running against another Clinton. With her defeat, maybe we can pass on to a new era.
6. The woman card didn’t play, and that’s probably a good thing. Hillary lost 2 to 1 among non-college educated white women. She barely carried college educated white women. Why didn’t the prospect of the first woman president count for more? Perhaps, it is because women have made so much progress that the idea of a woman president didn’t seem like a big deal. We see women Senators and women business leaders on TV everyday. Maybe we are getting sufficiently used to the idea of women in positions of power, that one more break through doesn’t seem unique.
7. This is one reason why libertarians have always opposed the accretion of government power. Liberals may love big government and a powerful executive when President Obama is in charge, but sooner or later a President Trump gets control of that “telephone and a pen.” It is always worth remembering that the new power or program you so love may someday be controlled by your worst enemy. Indeed, now might be a good time for liberals to join those of us fighting to curtail presidential power. Senator Mike Lee’s “Article One Project” would be a good place to start.
8. Gary Johnson’s poor showing showed the limitations of third parties. It is true that Johnson ran a very poor campaign. It wasn’t just the Aleppo moment. He seemed genuinely unprepared for the opportunity that this campaign presented. That said, any third party effort would have been doomed by the institutional barriers that our system presents, such as lack of campaign funds and exclusion from the debate. More importantly, Americans still think in terms of a binary choice. Many of us thought that given two choices that people hated, voters would look for a third choice. Instead, they fell back into voting against the candidate they hated most. Libertarians are going to have to reconsider what role the Libertarian Party can play on the national level.
9. No matter who won this election, I expected to be a minority and in opposition. I agreed with Hillary on virtually nothing. And, I agree with Trump on virtually nothing. This is a bad time worldwide for the sort of classical liberalism I espouse. But being on the winning side doesn’t determine correctness. Trumps election, and the rise of populist authoritarianism worldwide, means that those of us who believe in individual liberty, the rule of law, equal rights, and free markets have more work to do. Today, the job begins again.
10. I was #NeverTrump from the beginning. But, he is now my president. As with any president, I will give him the benefit of the doubt, and time to see what he will do. He may yet surprise me again, and turn out to be a better president than I fear he will be. If so, he will have my support when I think he is right — and my opposition when I think he is wrong. That’s the best any of us can do.
Ok, folks, time for me to put my metaphorical money where my mouth is. Here are my predictions for the election. Feel free to tune in on Wednesday and make fun of me for getting this completely wrong.
The Crook Beats the Bigot. This election is going to be much closer than anyone would have thought just a couple of weeks ago. Hillary has been buffeted with bad news on an almost daily basis. And Trump hasn’t said anything truly stupid in a couple of weeks.
Still, it’s hard to see Trump’s path to victory. He is relying almost exclusively on white male votes, and there simply are not enough of them to win elections any more. White voters have declined from 78 percent of the electorate as recently as 2000 to just 69 percent today. Ronald Reagan won the white vote by 10 percentage points and carried 49 states. Mitt Romney won whites by 20 points, and lost. Enthusiasm among minority voters is down this year, but the changing electorate still helps Hillary. The Clinton ground game is also superior, and is probably worth another percentage point or so.
So I’m calling this as Clinton 48, Trump 44, Johnson 5, and Other 1. In terms of electoral votes, I have it Clinton 308, Trump 230. I think Trump wins Romney states plus Iowa, Ohio and Maine’s Second District. McMullen could take Utah, but I’m betting Trump barely holds on. Otherwise, traditional voting patterns take hold.
Note that I also have Gary Johnson capturing the magic 5 percent (it actually means somewhat less than the Johnson camp would have us believe, but its still important). Johnson’s support has fallen precipitously in the last few weeks as voters return home to their traditional binary preferences (driven in large part by antipathy to the other side). Johnson has also run a surprisingly poor campaign. He just didn’t seem prepared for the opportunity that this race offered. Still, I think disgust with the major party candidates allows him to make a credible showing, and reach the 5 percent threshold.
Republicans Hold Senate. The tightening race is good news for down ballot Republicans. A few weeks ago, the Republicans seemed sure to lose the Senate. Now, I think they could hold on. Kirk in Illinois is toast. After that it gets tricky. In an upset, I think Richard Burr loses in North Carolina. But I think that two of Ayotte, Toomey, and Johnson I have no idea which ones< But I’m going to suggest Toomey and Johnson, probably because I think they are two of the best senators out there.
The House Stays Red: There will be no Democratic wave sweeping them into control of the House. Democrats would have to gain 30 seats to take over, and I expect them to gain just half that. Let’s call the new House as 232-203. The reduced margin will make life even more miserable for Paul Ryan, but its still enough to block any of Hillary’s more radical proposals. Gridlock will likely remain.
A Good Night for Pot: Five states (Arizona, California, Maine, Massachusetts, and Nevada) will consider the legalization of recreational use of marijuana. Another 4 (Arkansas, Florida, Montana, and North Dakota) will decide about medical marijuana. The pro-legalization forces should win all of them, with the possible exception of Florida. It is amazing how fast public opinion has shifted on this issue. Then again, this election is enough to make anyone want to get high.
In other initiatives and referendums, Colorado should reject a proposal to create a single-payer health plan in that state. There are also a number of minimum wage hikes on the ballot. Despite the economic damage these proposals do, they are always popular with voters. Expect most of them to win. In a really unfortunate outcome, big spending by the teachers unions prevails in Massachusetts, and a proposal to expand charter schools goes down. Finally, expect voters in several states to reject various gun control measures. California is likely to be the exception.
OK, my opinion is worth roughly what you are paying for it. What do you think?
Like many, — perhaps most –men, I long dismissed the idea of rape culture. Sure, I knew rape and sexual assault occurred. Some of the most important women in my life suffered from sexual abuse. But I couldn’t wrap my head around the idea that such despicable conduct was widespread, or that there were aspects of wider culture that enabled this. I saw accusations of rape culture as a cudgel, used by a certain variety of feminist activist to criminalize ordinary sexual behavior. I was reminded of scholars like Andrea Dworkin and Catherine MacKinnon, who were alleged to have suggested that, given power disparities between men and women, women can never really consent and, therefore, “all heterosexual sex is rape.”
But no longer.
I have had the benefit of having some remarkable women in my life: my incredible wife, Ellen, my best friend, Melissa Greenwald, the extraordinary Cathy Reisenwitz. These are smart, successful, sex positive women. When they talk about the issue and what they have experienced in their lives, I have to listen.
When 9.7 million women post their experiences with sexual abuse under #notokay, I have to pay attention.
When I look at the way rape and sexual assault are treated by the courts, I have to take notice. The case of Brock Turner was not an aberration.
But perhaps the final straw was the Donald Trump groping tape. Not so much the tape itself, but the reaction to it. My Facebook and twitter feeds have been full of messages making excuses for Trump’s actions. I am told that this was nothing more than “locker room talk” or “vulgar language.” No, it was bragging about sexual assault. Yes, men and women often talk crudely about the opposite sex, but we do not, one hopes, kiss women or grab their private parts against their will.
Others have suggested that it’s not really assault, since the women didn’t explicitly and publicly object. Wrong. It’s not up to women to fight back, it’s up to men not to rape. Similarly, women are not to blame for their assaults because they were in the wrong place, drank too much, dressed provocatively, or had sex in the past.
And still others downplay Trump’s responsibility by suggesting that even though he may have bragged about grabbing women against their will, there’s no solid evidence that he actually did so. There are a fair number of women who claim that he did act in this way, or otherwise harassed them, but I’m not going to litigate that here. Rather, even if Trump was lying, his words and attitudes convey the idea that such conduct is acceptable. That, by itself, contributes to a climate where other women can be assaulted.
(And, yes, if Bill Clinton is guilty of even half of what he is accused of doing, his conduct is equally to be condemned.)
I’m not suggesting that every drunken fumbling between college students should be turned into a criminal matter. I’m not suggesting that those accused of sexual abuse should be denied due process. I am saying that the playing field is not level. The culture today too readily accepts the idea of male sexual aggression and entitlement. We can and must change the social attitudes about gender and sexuality so that women are treated as equal partners.
Life is a learning process. I never thought I would be saying this, but thank you Donald Trump for continuing my education.
Things fall apart; The center cannot hold
— WB Yeats
I’ve waited a couple days to comment on the unconscionable murder of police officers in Dallas last Thursday night, and the apparently unjustified police killings of two black men in the days proceeding it, to allow for a cooling of passions and a bit of perspective.
Unfortunately too few of us seem willing to take this course. Once again, we’ve allowed tragedy to become another opportunity for Americans to retreat to their respective corners — in this case Team Black and Team Blue – and begin attacking each other. But real flesh and blood people are dead, people with hopes and dreams, families, and others who loved them.
Before we get to the raw politics of the thing, therefore, let’s pause for a moment to remember the five brave officers cut down in cold blood by a madman: Lorne Ahrens, Michael Krol, Michael Smith, Brent Thompson, and Patrick Zamarippa.
At the same time, we cannot forget the two black men who died because other police were not as brave and dedicated, but untrained, unprofessional, panicky, or, let’s say it, quite possibly racist: Alton Sterling and Philando Castile.
The cold blooded murders in Dallas were a vicious crime committed by a single individual, either deranged or evil or both. Nothing can justify those murders. But that doesn’t invalidate the complaints that have been raised about police misconduct and racial profiling.
Ironically, Dallas has one of the nation’s best police forces when it comes to reducing police brutality and building trust in the community. But as the killings of Sterling and Castile appear to show, not every police force is as well trained, and not every policeman is as honorable as those who were just murdered.
I’ve heard a number of commentators, in the news, and on my Twitter and Facebook feeds, say that we should always stand up for and support the police. No, we shouldn’t. We should stand up and support them when they do the right thing, as so many of them so often do at great personal risk, but when they do the wrong thing, we should be equally quick to condemn them and demand action.
I’ve also seen and heard a lot of criticism of Black Lives Matter. Some have gone so far as to call BLM a “terrorist group.” Get a grip. Does BLM sometimes use intemperate – even irresponsible — language. Absolutely. But unless you are prepared to be equally quick to denounce every Right-to-Lifer who refers to abortion providers as “murderers,” or those on both left and right who call their opponents “traitors,” you have little room to talk. You want intemperate or irresponsible speech? I give you Donald Trump.
More important than language is the issue that BLM has brought to the forefront. Race is still the great dividing line in America. We have come a long way in this country, but the legacy of slavery and Jim Crow still hangs over us. Nor have we achieved full equality yet. In a thousand ways, large and small, African-Americans go through life at a disadvantage. They will experience things from a perspective that I (and most of you, my readers) never will. And if you don’t believe that, your privilege is clearly showing.
We won’t know for certain what happened in the Sterling and Castile cases until a final investigation has been conducted. Initial reports can be wrong (recall Michael Brown). But clearly something is wrong.
Alton Sterling and Philando Castile would almost certainly be alive today if they were white. So would Eric Garner, Tamir Rice, Laquan McDonald, and so many, many others.
And please don’t try to excuse this by talking about black on black crime. Yes, crime rates in the inner city, fueled in part by our war on drugs, are frighteningly high. A black man is far more likely to be killed by another black man than by a police officer. But the killing of an innocent man by a police officer is far worse than other killings because the police act under the color of authority. Police represent us. We pay their salaries. We give them a gun and a badge. We give them the legal authority to use force. When they gun down an unarmed black man, there is a splash back on us.
I don’t have a laundry list of policy prescriptions to deal with all of this right now. Sure there are things we can do — more community policing, training in de-escalation, ending the Godforsaken war on drug, for example. And we should realize that every time we pass a new law, make something else illegal, and give more power to the government, we are creating the potential for the next deadly confrontation.
But this really isn’t the time for debating policy. Perhaps what we really need to do now – right this moment- is simply to be kind to each other. We could do worse.
And with that in mind, I leave you with this:
There are times when simple moral decency requires one to rise above politics.
When Donald Trump implied that all Mexicans immigrants were rapists, Republicans rationalized that Hillary Clinton was worse.
When Trump made misogynistic comments about women, Republicans soothed themselves with the possibility that he might make good Supreme Court appointments.
When he threatened to ban an entire religion from this country, Republicans talked about the failures of Barack Obama.
When Trump re-tweeted racist nonsense about black crime, Republicans talked about party unity.
As trump welcomed the Alt-Right and openly avowed racists and anti-Semites into the ranks of his campaign, Republicans endorsed him.
But Trump’s recent attacks on a federal judge for the offense of being “a Mexican” is as morally offensive as any action by a presidential candidate in modern history. Set aside the fact that Gonzalo Curiel, was born in Indiana, and is as American as you or me. Set aside the fact that Judge Curiel is a courageous man who was actually forced into hiding after taking on the Mexican drug cartels. Set aside, even, the impropriety of a presidential candidate trying to intimidate a judge in a case where he is a litigant.
Set aside all that. Trump’s attack on Judge Curiel is plain and simply racist. The idea that Americans are defined by the ancestry and that people of certain ethnicity cannot be trusted to do their jobs, is the very heart of racism. It is wrong. More than wrong, it is morally repugnant.
So to my Republican friends, I say this is no longer about whether Trump might be slightly better than Hillary on this issue or that one. We would not have said, “well, David Duke had great views on the Second Amendment,” “I like George Wallace’s tax policy,” or “The Klan has a point about quotas.”
This is now about conscience. To continue to support Donald Trump is to acquiesce in the darkest impulses of mankind and stains the American soul. It is not about politics, it is about right and wrong.
I have known Paul Ryan since he was a legislative staffer. I know he is a fundamentally good and decent man. But in continuing to support Trump, he diminishes himself. The same is true for all those other Republicans, from Marco Rubio to John McCain to Bob Corker, who have sold their moral credibility for the sake of party unity or some other temporary political gain. It must stop.
When, someday in the future, your children or grandchildren ask you where you stood today, how will you answer them?