Category Archives: Trump

Biden’s democracy agenda is limited but Trump is against democracy

Tisch College Dean Dayna Cunningham and I have a piece in The Conversation today. We begin:

President Joe Biden argues that “democracy is on the ballot” in the 2024 election.

We believe there are potential threats to U.S. democracy posed by the choices voters make in this election. But the benefits of American democracy have for centuries been unequally available, and any discussion of the current threats needs to happen against that background. …

For us, Biden’s talk of democracy is a useful starting point for a broader conversation about U.S. democracy and the 2024 election. …

preparing for a possible Trump victory

I make no predictions about the 2024 election. It is still far away, and all kinds of dramatic shifts could occur between now and then. But there is a clear chance that Donald Trump will win. One of several paths to that outcome leads through a recession during the next six months.

I am also reluctant to predict what Trump will do if elected; I suspect he doesn’t know himself. But we should take seriously the possibility that he would do what he has been talking about lately, including directly ordering the prosecution of political opponents, invoking the Insurrection Act, building mass camps for immigrants, purging the civil service, and even attacking Mexico.

I disagree with Hillary Clinton that these events “would be the end of our country as we know it.” On the contrary, they would mark the beginning of a new phase with highly uncertain outcomes. Much would depend on how opponents respond. Now is the time to prepare for this contingency.

Trump would have significant support, including a popular base. Certain organizations and institutions would take his side, perhaps including at least one house of Congress.

But he would also face mass resistance from segments of the population and from important organizations and institutions–notably, from some state and local governments. He would quickly encounter roadblocks, which would frustrate him and his supporters. Some of his efforts might go forward, at least temporarily, which would enrage his opponents.

The result would be intense conflict, not only in Congress and courts but also potentially on the streets. I don’t think a literal civil war is likely, if only because the US military and security services would refuse to be drawn in, and it’s extraordinarily difficult to create an army from scratch. But it is common around the world to see periods of political conflict, typically labeled “unrest,” “instability,” or “disorder.” We might expect:

  • constant debates about whether various institutions should make statements about recent incidents, with repercussions for members of these institutions who disagree;
  • frequent crises that are permitted by existing laws, such as government shutdowns and even a debt default;
  • politically motivated pardons, amnesties, and blocked prosecutions;
  • prominent dismissals and resignations;
  • bans and purges of ideological minorities within institutions such as universities, corporations, and publications;
  • overt refusals to follow constitutionally permissible directives (e.g., state governors might resist federal mandates);
  • temporary closures of schools and colleges that are political hotbeds;
  • attempts to declare martial law and states of emergency at various levels;
  • arrests of questionable legality;
  • illegal orders that are either accepted or refused;
  • Increasingly flagrant displays of weapons;
  • paramilitary and revolutionary organizations, with training programs, uniforms, insignias and the like;
  • large and frequent protests, some of which may involve clashes with counter-protesters or the police;
  • frequent threats of violence;
  • politically motivated assaults and homicides of various kinds (not only assassinations, but also quasi-accidental deaths).

I’d expect similarities to periods like the Years of Lead in Italy or The Troubles in Northern Ireland–among many other examples. In fact, we may already have entered a period like that.

I would anticipate passionate and fraught disagreements within the potential resistance to Trump. For example:

  • Should the objective be to restore and protect the constitutional system as it has been, or was that system already flawed (and responsible for the present crisis) so that it needs to be changed? If it requires change, how basic and radical must that be?
  • Is the Democratic Party a worthy vehicle of resistance, or even the main opposition, or is it part of the problem? This debate will be especially fraught if it looks as if Biden would have won without third party presidential candidates in 2024.
  • How broad should the coalition be? It’s easy to say “As broad as possible,” but the hard questions arise when activists must consider whether to defer causes that they consider important in order to collaborate with people who are ideologically dissimilar. For instance, imagine that it is possible to draw businesses into a pro-democracy movement, but at the cost of delaying strong action on climate. Many people would balk at that tradeoff. But what if strong federal environmental action seems impossible, anyway? Would it then be worth submerging environmental goals to expand the pro-democracy movement?
  • What means are appropriate–or necessary–to combat authoritarian tendencies and street-level violence?

I think the response should be massively nonviolent, and we should eschew concrete, physical violence even in the face of institutionalized injustice. Nonviolent direct action is a powerful strategy with a strong record of success. It is particularly likely to draw broad participation and to yield a stable democracy as its outcome.*

There may be times when violence is appropriate: George Washington, Abraham Lincoln, and Franklin Roosevelt all commanded armies that fought for freedom. And sometimes it is a mistake to criticize acts of violence even if you wouldn’t endorse them. In response to the Detroit riots of 1967, Dr. Martin Luther King Jr. walked a careful line. He said that crimes committed during the riots were “deplorable” but also “derivative.” He explained, “If the soul is left in darkness, sins will be committed. The guilty one is not he who commits the sin, but he who causes the darkness.” Nevertheless, King continued to defend nonviolence because he believed that it was the most powerful option, with the greatest chance of creating a better society. That argument will be even stronger under conditions of social unrest and escalating, tit-for-tat violence. Apart from anything else, as Bayard Rustin argued, political success requires the support of a substantial majority, and violence alienates people.

Nonviolence takes skill, discipline, and values, all of which that can be taught and practiced in advance of a crisis. Now is the time for practice and training.

I am discussing a threat that comes from the extreme right. This threat is not symmetrical. However, intimidation and violence may be reciprocated, and ugly behavior may spread across the spectrum; this common pattern must be resisted.

It will be crucial to promote dialogue and listening. People will need ways to exit extremist movements and be reintegrated. And we need to hear about legitimate grievances from all quarters so that they can be addressed.

Anyone who is knowingly involved in violating civil rights should ultimately be held accountable. But tens of millions of people will vote for each major party’s nominee in the 2024 election, and voters on both sides are members of our national community. As the risk of violent conflict rises, so does the need for empathy and curiosity across partisan differences.

*See also: the case for (and against) nonviolence; Why Civil Resistance Works; tools for the #resistance; timely quotes from Bayard Rustin (1965)

the only man who pardoned himself out of prison

If—very hypothetically—Donald J. Trump were to be convicted and even incarcerated, but also elected president in 2024, could he pardon himself? Since a president’s pardoning power is unlimited, the constitutional question might turn on whether the act of pardoning can be reflexive. Is it a correct use of the word “pardon” to say that someone pardoned himself?

The caption with above photo reads: “The only Man on Record who is known to have Pardoned himself out of Prison. He began life as a School Teacher, Clerk in a Law Office, full fledged Lawyer and Treasurer of a Political organization in New England, with whose funds he decamped. He has been in Prison a dozen times under as many aliases, where he has spent twenty-five years. When he pardoned himself out of prison he was in Nashville, Tenn. under the name of Henry B. Davis. He is now supposed to be dead.”

Leaving aside the Trumpian capitalization in this passage, the man who called himself Henry B. Davis did not actually pardon himself. He confessed that he “forged a petition bearing upward of 150 signatures, writing differing in each, the names of the leading citizens of Tipton, Tenn., the county in which I was sentenced. I then forged a letter bearing the signature of the firm of attorneys that defended me, one of whom was a friend of the Governor … I then forged another letter purporting to have been written by the aforesaid attorney to John Tipton, representative in the Legislature in Nashville, in which he was asked to see Governor Buchanan, and to urge him to pardon Henry B. Davis (my alias). All this was done in March, 1891. On the third day of April, 1891, the pardon reached the warden at Tracy City.”

In any case, this was not the only person to have pardoned himself. A Google search led me to a book by my friend Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution, which mentions the case of Isaac Stephens. While governor of the Territory of Washington, Stephens was convicted and fined for abusing his power. He was fighting a terrible war against Native people but was fined for offenses against white settlers. He actually pardoned himself and got away with it, although just six years later he died heroically on the Union side of the Civil War.

Neither example is very honorable, and I haven’t been able to find other cases of successful self-pardoning … so far.

Sources: John Josiah Munro, The New York Tombs, Inside and Out!: Scenes and Reminiscences Coming Down to the Present.–A Story Stranger Than Fiction, with an Historic Account of America’s Most Famous Prison (1909) and Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today.

Scatterplot of counties with % of veterans under 45 and % of Trump vote in 2016, showing a modest correlation.

the post-9/11 wars and Trump

The image that accompanies this post is my graph of US counties.* The y-axis is Trump’s share of the vote in 2016. The x-axis is the percentage of each county’s population that consisted of veterans under the age of 45 in 2020. I chose that statistic as a rough proxy for direct involvement with the wars in Iraq and Afghanistan. The correlation is modestly positive and statistically significant.

When I ran a regression to predict Trump’s 2016 vote in each county based on 1) the proportion of young veterans, 2) the degree to which the county is rural, 3) the proportion of the county that is non-Hispanic white, and 4) the proportion of the population that was born overseas, all of those variables except the last one were statistically significant and positive. That means that, after controlling for race and community type, the proportion of young veterans still predicts the Trump vote.

This is merely a cross-sectional relationship, and it would be worth introducing a temporal dimension by investigating whether and how votes changed as the post-9/11 wars unfolded.

The pattern that I show here is compatible with several hypotheses. For example, maybe some communities’ cultures and demographics inclined them both to military service and to supporting Trump, or maybe deep disillusionment with the wars turned some people toward Trump in 2016 because he purported that he had opposed US involvement.

I will not claim that the basic relationship shown here is very strong, and I share it mainly for full disclosure rather than to support an argumentative position. (I wouldn’t try to use the regression as the basis of a professional article.) Yet I continue to suspect that blowback from two protracted military disasters is one cause of our current political discontents.

Americans’ assessments of these wars are filtered through ideology and probably fall into at least three categories:

  1. The invasion of Iraq was imperialistic and intended to favor multinational corporations; thus it was unjust from the start.
  2. The invasions were altruistic, aimed at exporting human rights and democracy; and as such, they wasted US lives and resources. OR
  3. The defeats represent corruption or decadence that must be addressed by making the USA “stronger.”

Any of those views is compatible with deep distrust of US elites, and perhaps above all of Democratic Party leaders who supported the wars. Meanwhile, MAGA Republicans benefit from both 2 and 3.

*The graph doesn’t display about a dozen outlier counties that have very high veteran populations. See also the 2020 election in the shadow of the Iraq War; the impact of post 9/11 war on our politics, etc.

7% of Americans are the hard core problem

YouGov reports: “One in five voters – including 45% of Republicans – approve of the storming of the Capitol building.” This is important and bad news. I do not want to minimize it, but I would put it in context.

A bit under half of Republicans support the riot in DC. Republicans represent about 29% of registered voters. Registered voters represent about two-thirds of adults. Adults represent about three-quarters of Americans. By the time you isolate Republican registered voters who support the riot, it’s down to about 6.6% of the population.

To be sure, some of the people in the other pie slices are also part of the problem. For instance, within the “other” slice are 2% of the registered Democrats and 21% of the registered Independents who support the riot. (A total of 10.1% of all Americans support the storming.) Most of that slice consists of people who don’t have an opinion, which is a problem in itself. And among the under-18s and the non-registered people, some probably hold views aligned with Trump.

Still, it is worth putting the hard-core problem in some degree of perspective. My guess is that the images from yesterday will basically become the capsule summary of the Trump years, except for a smallish and dwindling proportion of Americans.

(Survey data from YouGov. Registration percentages from Pew, 2018. Age distribution from Census, 2010.)