Archives for category: Freedom of Speech

I have been puzzling over this question since the Democratic National Convention.

Like most people, I didn’t know much about Kamala Harris when she became Vice President. Now that I have seen her speak, now that I saw her debate Trump, I feel very energized to support her campaign for the Presidency.

She is smart, well informed, experienced, committed to the U.S. Constitution and the rule of law. She is thoughtful and composed. She laughs, she smiles, she seems like a kind and thoughtful person. She is well prepared for the presidency, having won election as the District Attorney of San Francisco, as Attorney General of the State of California, as U.S. Senator from California, and as Vice-President of the United States since Joe Biden and she were elected in 2020.

Her opponent is a bundle of equal parts narcissism and hatred. He likes men. He likes white men. He likes to play tough guy. He looks on women as sex objects and feather heads. He doesn’t respect women.

He is crude, vulgar, without a shred of the dignity we expect from a president. The language he uses to ridicule and insult others is vile.

He is a racist, a misogynist, a xenophobe, and a Christian nationalist (without being a practicing Christian).

He is a sexual predator. He is known for not paying people to whom he owes money for services rendered. He has gone through six bankruptcies.

He is ignorant. His former aides say he has never read the Constitution. He is driven by his massive ego. He wants everyone to say he’s the best, the greatest, and there’s never been anyone as great as him.

He is a convicted felon, convicted on 34 counts of business fraud in New York. He was found guilty by a jury in New York of defaming E. Jean Carroll, who accused him of sexually assaulting her many years ago. He was ordered to pay her more than $90 million for continuing to defame her. That judgment is on appeal.

Other trials are pending.

When he lost the 2020 election, he refused to accept his defeat. He schemed to overturn the election by various ploys. He summoned a mob of his fans to Washington on January 6, 2021, the day that Congress gathered for the ceremonial certification of the election. Trump encouraged them to march on the U.S. Capitol, “peaceably….(but) fight like hell.” They did fight like hell. They battered their way into the Capitol, smashing windows and doors, beating law officers, vandalizing the building and its offices, while hunting for Vice President Mike Pence and Speaker Nancy Pelosi. The outnumbered law officers held them off to protect the members of Congress. Many of them were brutally beaten. Some later died. What if the mob had reached the members of Congress? What if they had captured Pence and Pelosi?

It was the most shameful day of our national history. A President encouraging a mob to sack the Capitol and overturn the Constitution.

Ever since that disgraceful day, Trump has reiterated that the election was stolen from him, even though it wasn’t close. He has undermined faith in the electoral process, faith in the judiciary, faith in the law.

These are the two candidates: Kamala Harris and Donald Trump.

Why is this election close?

Last night, I read the hundreds of letters to the editor of the Washington Post about Bezos’ decision not to endorse. By now, there are probably thousands. Almost all of them said: I have canceled my subscription.”

Good for them.

I am NOT canceling my subscription.

I enjoy reading Dana Milbank, Jennifer Rubin, Eugene Robinson, Alexander Petri, and other columnists.

I applaud them for dissenting from Bezos’ mandate.

They will vent their rage for the next 10 days. At Bezos and especially at Trump.

And of course there will continue to be hard-hitting investigations.

I want to read what they write.

In an opinion piece in Scientific American, Cecilia Menjívar of UCLA and Deisy Del Real of the University of Southern California contend that the United States and other nations are sliding toward autocracy. They believe we can learn from the experience of other nations.

They write:

An autocratic wave has crept up on us in the U.S. and over the world in the last decade. Democracy and autocracy were once seen as two separate and distant worlds with little in common, and that the triumph of one weakened the other. Now, however, autocrats across the globe, in poor and wealthy nations, in established and nascent democracies, and from the right and left, are using the same tactics to dismantle democracies from within.

As of 2021, of the 104 countries classified as democracies worldwide, 37 had experienced moderate to severe deterioration in key elements of democracy, such as open and free elections, fundamental rights and libertiescivic engagement, the rule of law, and checks-and-balances between government branches. This democratic backsliding wave has accelerated since 2016 and infiltrated all corners of the world.

With the upcoming U.S. presidential election in November, questions about the future of American democracy take on urgency. As the American public seems increasingly receptive to autocratic tactics, these questions become even more pressing. Will the U.S. slide into autocracy, faced with a presidential candidate in Donald Trump who promises to be a dictator on his first day in office? Can lessons from autocracies elsewhere help us detect democratic backsliding in the U.S.?

To answer these questions, we first need to identify how the new breed of autocrats attains and retains power: their hallmark strategy is deception. How does a roll call of modern autocrats, and wannabe autocrats, like Hungary’s Viktor Orbán, Russia’s Vladimir Putin, El Salvador’s Nayib Bukele, India’s Narendra Modi, Turkey’s Recep Tayyip Erdoğan, and Venezuela’s Nicolás Maduro implement this modus operandi for the latest model of autocracy? They twist information and create confusion within a façade of democracy as they seize power. They do not overthrow democracy through military coups d’état but by undoing core democratic principles, weakening the rule of law, and eliminating checks and balances between branches of government.

Rather than eradicating democratic institutions as leaders like Chile’s Augusto Pinochet or Zaire’s Mobutu Sese Seko did in the past, today’s established and emergent autocrats (as is the case of Maduro or Orbán, for instance) corrupt the courts, sabotage elections and distort information to attain and remain in power. They are elected through ostensibly free elections and connect with a public already primed to be fearful of a fabricated enemy. Critically, they use these democratic tools to attain power; once there, they dismantle those processes. Autocratic tactics creep into the political life of a country slowly and embed themselves deeply in the democratic apparatus they corrupt. Modern autocracy, one may say, is a tyranny of gaslighting.

We gathered a group of scholars who have looked at successful and failed autocracies worldwide in a special issue of the American Behavioral Scientist, to identify common denominators of autocratic rulers worldwide. This research shows that modern autocrats uniformly apply key building blocks to cement their illiberal agenda and undermine democracies before taking them over. Those include manipulating the legal system, rewriting electoral laws and constitutions, and dividing the population into “us” versus “them” blocs. Autocrats routinely present themselves as the only presumed savior of the country while silencing, criminalizing and disparaging critics or any oppositional voice. They distort information and fabricate “facts” through the mediaclaim fraud if they lose an election, persuade the population that they can “cleanse” the country of crime and, finally, empower a repressive nationalistic diaspora and fund satellite political movements and hate groups that amplify the autocrats’ illiberal agenda to distort democracy.

In February, Bukele, the popular Salvadoran autocrat and self-described “world’s coolest dictator,” spoke at the 2024 Conservative Political Action Conference (CPAC), an annual convention for U.S. right-wing elected officials and activists. There he received a standing ovation after he flaunted his crackdown on crime in his country and suggested the U.S. should follow his tactics. His speech demonstrates how, regardless of political history and ideology, or their nation’s wealth and place on the global stage, autocrats today deploy a similar “toolbox of tricks” aimed at legalizing their rule. That’s because they copy from one another and learn from one another’s successes and failures. Vast interconnected networks enable autocrats to cooperate, share strategies and know-how, and visit one another in public shows of friendship and solidarity to create an international united front. Just ask Orbán, the Hungarian prime minister and autocrat, who received a warm reception when he spoke at the CPAC in 2022, reminding the crowd of the reason for his visit: “I’m here to tell you that we should unite our forces.”

Global networks of autocratic regimes also provide economic resources to other autocrats and invest in their economies, share security services to squash popular dissent, and sometimes interfere in each other’s elections.

Modern autocrats do not act alone; their connections with one another are complemented and sustained by a varied cadre of legal specialists, political strategists and academics who tend to be economically secure, well-educated and cosmopolitan. These individuals, like Michael Anton and those tied to the Trump-defending Claremont Institute, the over 400 scholars and policy experts who collaborated on Project 2025— the extreme-right game plan for a Trump presidency—and Stephen K. Bannon, who called for the “deconstruction of the administrative state” by filling government jobs with partisans and loyalists, move in and out of government positions and the limelight. They are nimble and, moreover, fundamental to the autocrats’ strategies, as they create videos and podcasts and write books to fabricate good images of the autocrats, write detailed blueprints for an autocratic form of government, and consult aspiring autocrats on best practices.

Evidence indicates that we are in a critical moment in U.S. democracy. Will the U.S. inevitably descend into autocracy? No, not with an alert and well-informed electorate. Recognizing the strategies that autocrats use and share, veiled behind a façade of democratic elections and wrapped in fearmongering, equips us to understand the harmful consequences of these strategies for democracy, and perhaps to stop the wave in time.

Juan Sebastián Chamorro, a Nicaraguan opposition politician and prospective presidential candidate, was accused of treason, arrested and banished simply for running as an opposition candidate by the regime of President Daniel Ortega and Vice President Rosario Murillo (who is also first lady). In exile, Chamorro has described a danger countries face: autocrats who come to power through democratic systems are “like a silent disease—the early symptoms of this silent disease are usually dismissed, but once it begins to consume the body, it is usually too late to stop it.”

This is an opinion and analysis article, and the views expressed by the author or authors are not necessarily those of Scientific American.

Media Matters has done a thorough review of the contents of Project 2025, which was written as a playbook for the next Trump administration. It was released and posted on the web in 2023, without fanfare. As more people read it and expressed their indignation, Trump claimed he knew nothing about it. Ever heard of it. Didn’t know who wrote it.

But the authors of the plan included 140 people who had worked in the Trump administration. The plan was developed by the rightwing Heriage Foundation, whose president is Kevin Roberts, a friend of Trump’s.

He knew.

It’s the roadmap for the second Trump term in office.

For education, the main feature of Project 2025 is its strong support for school choice, especially vouchers. It is a formula for directing federal funds to public funding of private and religious schools, as well as home schooling. It’s the Betsy DeVos model. Its purpose is to end public schools.

Dan Rather always has a wise perspective on national politics. Here he warns that Trump is more dangerous than ever.

Dan Rather and his team at Steady write about the crisis that stares us in our faces.

He writes:

We need to be talking more, not less, about the threat Donald Trump poses to our democracy. The former president and his understudy, JD Vance, have been trying to convince voters, with no evidence and a head-spinning level of hypocrisy, that violence against the former president was caused by rhetoric from Democrats. 

Trump has upended the political script, saying, “[The Democrats’] rhetoric is causing me to be shot at, when I am the one who is going to save the country.” Followed closely by JD Vance’s incendiary quip: “The big difference between conservatives and liberals is that no one has tried to kill Kamala Harris in the last couple of months, and two people now have tried to kill Donald Trump in the last couple of months. I’d say that’s pretty strong evidence. The left needs to tone down the rhetoric. It needs to cut this crap out.”

And if you believe that, I’ve got a bridge to sell you.

Among the media and the campaigns, the “threat to democracy” line has apparently become old hat. When he was running for reelection, President Joe Biden often used it in an effort to differentiate himself. Unfortunately, this idea apparently doesn’t poll all that well. While it is true and terrifying, it is also a bit abstract — and for some, hard to believe. Lowering the price of milk is concrete and plausible.

So the Harris campaign hasn’t been talking about democracy much, instead concentrating on tangible policies to help the middle class. While this makes sense politically — and I hope it works — I’m here to say we cannot lose sight of the fact that a second Trump presidency would threaten our way of government and our way of life. 

Trump’s term as president was just a precursor to what we can expect the second time around, but it bears repeating to remind us what he is capable of. In case anyone has forgotten, here is a partial list of how he has jeopardized democracy:

  • Attempted to overturn a free and fair election, a number of times in a number of ways. 
  • Tried to block the peaceful transfer of power by inciting a mob to attack the United States Capitol. 
  • Undermined the independence of the Justice Department, while claiming our legal system was rigged. 
  • Botched the federal government’s response to the pandemic, resulting in a massive loss of life, because he doesn’t believe in inconvenient truths. 
  • Cozied up to dictators and autocrats, even asking one to investigate a baseless claim against his political rival. 
  • Selected Supreme Court justices who curtailed reproductive rights, to the point where women are being denied care and dying. 
  • Lied. All the time. The leader of the free world must be credible.
  • Is sowing seeds of doubt that the 2024 election will be legitimate.

There is every indication that a second Trump trip to the White House would be even more harmful than the first. 

This time around he is angrier and thirstier for vengeful retribution. He has said he will weaponize the Justice Department against his enemies. Full stop.

His loyal cronies have had more time to plan. We know they are vetting and training a legion of sycophants to displace career bureaucrats across the executive branch. The guardrails we had last time, whistleblowers and “adults in the room,” will be gone.

After nine years of Trump at the top of the Republican Party, his cult-like reach has created an army of MAGA-elected officials at the state and local levels who are more than happy to do his bidding, even if it’s illegal. 

He is more gullible than ever — wanting, needing to believe his own hype. Believing his own bluster has had dangerous consequences. See: January 6, 2021. He spends his time searching social media for confirmation of his over-inflated self-importance. He surrounds himself with yes-men and women falling all over themselves to prove their fealty. No one will tell him the truth, for fear of retribution. It is a modern spin on the children’s fable “The Emperor’s New Clothes” — only this horror story would be titled, “The Politician’s Stupefying Greatness.” 

The coup de grace is that Trump has carte blanche to do whatever he wants. That terrifying reality is brought to you by none other than the Supreme Court with its ruling in Trump v. United States. In a letter to the Senate Judiciary Committee following that decision, representatives from 75 legal organizations said it “poses a significant threat to our democracy by effectively providing the president with sweeping legal immunity for criminal acts.”

We tend to memorialize significant dates in our nation’s history. In my lifetime, there was Pearl Harbor, December 7, 1941. More recently, September 11, 2001, and January 6, 2021, have been etched into our psyche. But I would argue November 5, 2024, could be as or even more significant. It will test the strength of our country’s democratic infrastructure. That infrastructure and the American voter can save democracy by sending Kamala Harris to the Oval Office. 

Eighteen months ago, I described the case of law professor Amy Wax at the University of Pennsylvania. She had made statements that were deemed bigoted. I defended her speech, even though it was vile. That post began:

The New York Times published an article about a tenured professor at the University of Pennsylvania Law School, Amy Wax, who has frequently made statements that are racist, homophobic, sexist, xenophobic, the whole range of prejudices, not what you expect of someone who supposedly teaches students that everyone is equal in the eyes of the law.

The question I posed to readers was whether they thought that her statements were protected speech or should be sanctioned. A lively discussion ensued.

The University of Pennsylvania just announced sanctions against Professor Wax but did not fire her or strip her of tenure. The student newspaper, The Daily Pennsylvanian, reported the decision:

Penn has upheld sanctions against University of Pennsylvania Carey Law School professor Amy Wax following her history of discriminatory remarks and two years of disciplinary proceedings with little precedent.

“These findings are now final, following a determination by the Faculty Senate’s Committee on Academic Freedom and Responsibility that the proper process was followed,” a University spokesperson wrote in a statement to The Daily Pennsylvanian.

The new ruling, first reported by The Philadelphia Inquirer, comes after the Faculty Senate Committee on Academic Freedom and Responsibility upheld sanctions that were initially recommended by a Faculty Senate hearing board on June 21, 2023 and strikes down an appeal filed by Wax and her lawyer, David Shapiro, this past February.

The sanctions mark the first time in recent history that a tenured University professor has been sanctioned through Faculty Senate procedures. Neither Wax nor her lawyer responded to requests for comment in time for the publishing of this article. 

The DP previously reported that the recommended sanctions against Wax included a one-year suspension at half pay, the removal of her named chair and summer pay, and a requirement for Wax to note in public appearances that she is not speaking on behalf or as a member of Penn Carey Law. 

Penn will announce the decision in Tuesday’s edition of the Penn Almanac. The decision will include a letter of reprimand from Provost John Jackson Jr.

“Academic freedom is and should be very broad. Teachers, however, must conduct themselves in a manner that conveys a willingness to assess all students fairly,” Jackson wrote in a copy of the letter obtained by the DP. “They may not engage in unprofessional conduct that creates an unequal educational environment.”

Interim Penn President Larry Jameson added that Wax must refrain from “flagrantly unprofessional and targeted disparagement of any individual or group in the University community … for so long as [she is] a member of the University’s standing faculty.”

In a June 2023 letter to former Penn President Liz Magill, the hearing board noted that they “do not dispute the protection” that Wax holds over her views, but said that the way she presents these views violate widely acknowledged “behavioral professional norms” when presented as “uncontroverted.”

The hearing board “unanimously” found that the facts presented throughout the hearing “constitute serious violations of University norms and policies,” according to the letter. The hearing board also concluded that Wax’s behavior “has created a hostile campus environment and a hostile learning atmosphere.” 

When determining sanctions, the hearing board decided that the University should issue a public reprimand, but it did not suggest that Wax should be fired or stripped of tenure. Separate from the sanctions, the hearing board suggested that the University and Penn Carey Law should consider having Wax co-teach her classes with another faculty member, and that Wax teach her classes outside of Penn Carey Law buildings.  

The board wrote that it found Wax “in dereliction of her scholarly responsibilities, especially as a teacher” in part due to her “reliance on misleading and partial information,” which results in her drawing “sweeping and unreliable conclusions.” 

But the sanctions, which reportedly take effect for the 2025-26 school year, won’t have an impact on her teaching plans this semester — which, according to a course syllabus obtained by the DP, include an invite of American Renaissance magazine editor Jared Taylor to deliver a guest lecture at Dec. 3 meeting of LAW 9560: “Conservative and Political Legal Thought.” The invitation would mark at least the third appearance by Taylor at Wax’s class in four years, after his visit last fall sparked a protest outside Wax’s classroom and a rare schoolwide emailfrom Penn Carey Law Dean Sophia Lee addressing the “bounds of academic freedom.”

Weeks before Taylor comes to campus, Wax is scheduled to speak at a conference in Tennessee alongside multiple people who have reportedly espoused white supremacist, neo-Nazi, and racist views.

Tuesday’s Almanac will also include an Aug. 11, 2023 letter from Magill in which she accepted the sanctions initially recommended by the hearing board.

Jameson provided an introduction for Magill’s letter, summarizing the disciplinary process against Wax and confirming he was implementing Magill’s decision.

Magill wrote in her letter that the board considered arguments such as the “critical point” regarding academic freedom and used a “well-developed” factual record to make its decision. 

While she said she was “mindful of the limit of my authority as established by our policy,” Magill accepted the major sanctions suggested from the board’s report. 

The letter from Magill prompted Wax to file a Aug. 29, 2023 appeal to SCAFR, in which Wax’s lawyer argued that there were “several procedural defects” which gave the respondent the right to appeal.

Shapiro wrote that that the most significant “defect” was that the hearing board made the decision “about the breadth and extent of a tenured professor’s contractually guaranteed right to academic freedom,” rather than SCAFR.

The appeal also alleged that Magill and the hearing board applied an unfair speech standard. Shapiro wrote that Wax was punished under an “incoherent standard, never before articulated, or applied to any Penn faculty member.”

The standard used to punish Wax has drawn scrutiny from the Foundation for Individual Rights and Expression, a national civil liberties group which said on Monday that Penn had mustered “zero evidence” that Wax discriminated against her students.

“Faculty nationwide may now pay a heavy price for Penn’s willingness to undercut academic freedom for all to get at this one professor,” FIRE Vice President Alex Morey wrote in a statement. “After today, any university under pressure to censor a controversial faculty member need only follow Penn’s playbook.”

Wax’s history of discriminatory statements has included her claiming that Black students never graduate at the top of the Penn Carey Law class and that “non-Western groups” are resentful towards “Western people.” Wax has also faced criticism for hosting white nationalist Jared Taylor for a guest lecture and allegedly telling a Penn Carey Law student that she was only accepted into the Ivy League “because of affirmative action.”

In June 2022, former Penn Carey Law Dean Ted Ruger filed a complaint to the Faculty Senate recommending a “major sanction” against Wax. At the time, he cited numerous student and faculty accounts of Wax’s conduct that he believed warranted disciplinary action. Ruger asked the Faculty Senate to appoint a hearing board of five professors from across the University to evaluate his complaint, conduct a full review of Wax’s conduct, and impose sanctions in line with the University’s policy for punishing tenured faculty members. 

“Academic freedom for a tenured scholar is, and always has been, premised on a faculty member remaining fit to perform the minimal requirements of the job,” Ruger wrote in his report to the Faculty Senate. “However, Wax’s conduct demonstrates a ‘flagrant disregard of the standards, rules, or mission of the University.’”

Umair Haque, an economist, warns us that democracy is in deep trouble and only one force can save it. We the people.

He writes:

Code Red for American Democracy

The last week or two’s felt like a lifetime. It’s been body blow after body blow for democracy in America.

The Supreme Court ruled Trump was effectively already something like a dictator, enjoying “presumptive immunity.” A lunatic tried to assassinate Trump, and the far right promptly blamed it on the center and left, despite the assassin being a Republican. Meanwhile, Trump announced Vance as Vice Presidential pick. And all that came on the heels of the media carrying water for Trump, while trying their very best, it seemed, to take down Joe Biden, time and again, this time with character assassination of every stripe and form.

lifetime.

So what does all this add up to? 

Code red. 

If this moment feel severe, historic, let me assure that it is.

Democracies rarely and barely face as much and as many troubles as all this.

Let’s now simplify some of the above. The range of forces arrayed against democracy by now includes: billionaires, a supine press, lunatics, crackpots, pundits, the judiciary. And even that’s an incomplete list. That is a long and powerful list of forces inimical to democracy.

And on the other side awaits what we can all now openly call fascism.


Are These the Final Stages of American Collapse?

It’s been a decade or so since I began predicting American collapse. And we went through a familiar cycle, many of you right along with me. I’d bet that even many of you who are long time readers might have been skeptical, then grudgingly accepting, and by now, your hair’s on fire.

By now, it’s hard to deny.

My prediction, in other words, was all too prescient, and I take no comfort from that. I warned precisely because I didn’t want this to happen.

But you might wonder: what happens next? Where are we, precisely?

America’s now in a very bad place.

Let’s now put some of the above even more formally. 

  • The Supreme Court’s mounting what amounts to a rolling judicial coup, assigning the Presidency unassailable powers.
  • The press appears uninterested in providing people facts, information, or basic knowledge with which to make informed decisions, focusing on personal attacks on Biden and other forms of tabloid journalism.
  • The GOP’s effectively been transformed into an instrument of Trumpism.
  • Project 2025 is its agenda, and it involves essentially creating a totalitarian state, or at least the beginnings of one. Who’s going to check, after all, that people are obeying all these new rules which cause them to lose their basic freedoms? 

I could go on, but the point should already be clear.

All these are forms of institutional collapse. Pretty advanced and severe institutional collapse. Democracy’s a fragile thing, and each of its institutions must work in tandem to provide it the sustenance and support it needs. Those institutions, at their most basic level, are the rule of law, the press, political “sides” not being against openly authoritarian, their bases accepting basic democratic norms of peace and consent and the transfer of power and so forth, aka civil society, and of course, leaders not openly aspiring to dictatorship.

You can think of all that as kind of a checklist for the basic health of a democracy.

And the frightening thing in America right now is that almost none of that checklist can be ticked off anymore. Almost none of democracy’s institutions work anymore. Some work partially, some barely, and many, not at all.

Worse, you can see the sort of degeneration before your eyes. Take the example of the press. A few weeks or months ago, even, its behavior today would have been unthinkable to many. Hundreds of articles attacking Biden, while portraying Trump as a hero, a martyr, a glorious and noble figure? Today, as we’ve discussed, the media’s enabling the strongman myth before our eyes, perhaps “obeying in advance,” as Timothy Snyder, the scholar, calls it.

The point is that the rate, scale, and pace of collapse is increasing swiftly. Institutions which are fundamental to democracy’s functioning are simply ceasing to function before our very eyes.


Democracy’s Last institution, and Why It’s the One Which Matters Most

All of that leaves us with one remaining institution. Have you guessed it yet?

The people.

This isn’t some kind of idealistic paean. I’m just going to tell it like it is, as a scholar and survivor of social collapse.

When the people are united, all those other institutions can fail, and democracy, in the end, can still survive. We’ve seen recent examples of just such a thing, in Poland, for example, and arguably, a very close call in other parts of Europe.

All of that brings us to Biden. Should he drop out? Shouldn’t he? This is politics as sport. Don’t fall for it. The truth is that it doesn’t matter very much. Whomever comes next? They’ll face precisely the same brutal abuse and hazing by media as Biden has, and most likely, even worse, since they’ve done it to everyone from Carter to Hillary to Al Gore and beyond.

The point isn’t the candidate. It’s the people.

Right now, America’s in a very perilous—and very singular—place. If those who are sane, and thoughtful, and on the side of democracy unite in its defense, then they will win. They’ll win decisively, in fact. At 60% turnout, it’s an easy victory, at 70%, it’s a landslide. The numbers are clear. 

The questions are unity, and motivation. In that sense, you might say, the candidate counts, but that’s an evasion. Like I said, whomever the candidate is—they’ll be portrayed as weak by a media that’s now dismally attached to the strongman myth. Weak, feminine, incompetent, inexperienced (never mind Trump being a reality TV star), shallow, inept, not an orator to rival Cicero, not as fearless as Alexander the Great, not as wise as Sun Tzu, and so on. 

The candidate counts, but only in a weak sense. And that weak sense is: are Americans willing to grit their teeth, roll up their sleeves, and unify, whomever the candidate is? Enough of them, on the side of democracy and sanity? If they’re not, then it’ll be always and altogether too easy to divide them—there’ll always be some kind of foolish myth, some kind of fatal flaw, that the press, pundits, and the enemies of democracy will cook up, and spit out, over and over again.

So are Americans on the side of democracy willing to stop playing this game of fatal flaws? And say enough is enough: whomever the candidate is, we back them? In European politics, we call this, simply, voting for your party. The GOP, by the way, excels at it, too. The Democrats, never having built a party of great solidarity, or a modern party organization, rich in networks and communities, are poor at it. So people in America, on the center and left, don’t vote for the party. They look down on it, in fact. But there is nothing to be contemptuous of here: this is precisely how Europe and Canada built social democracies to begin with.


The Myth of the Fatal Flaw, or Democracy’s Greatest Test

In other words, this is democracy’s greatest test.

It goes like this.

When the chips are down—this down—and every institution has failed, welcoming fascism with open arms, every institution save one, will the people themselves remember they are that crucial institution?

You see, this is what fascism hopes to terrorize people away from realizing. To give up on their power, and instead succumb to fatalism—that’s why it’s so loud, explosive, violent, threatening, always intimidating, never shutting up, always promising the worst. Because it’s trying to terrorize the people into submission, giving up on their own unity and togetherness, and thus ceding it all in advance. We’ll discuss all that more tomorrow.

This is democracy’s greatest test. On the one side, fascism. Now behind it, every institution that should be preserving democracy. Save one, the people. And the people, in situations like this, find themselves easily divided, because all this is frightening, upsetting, destabilizing, even terrifying. Finding themselves demoralized, the people give up, focusing on the very Fatal Flaws that a failed media and those in league with the fascists trumpet over and over again.

But in truth none of these are Fatal Flaws. Sure, Biden’s old. Would you rather have an old guy or a dictator? Easy choice—if you’re thinking rationally and sanely. But if you’re scared out of your wits, then maybe, suddenly, all that clear thinking goes foggy. 

The next Fatal Flaw? Let’s rewind, so you really understand this. Al Gore wasn’t “likable.” Hillary was “difficult.” Carter wasn’t manly enough. Howard Dean was a “weirdo.”  Doesn’t matter—do you get the point yet? There’ll always—always—be a fatal flaw.

In fact, I can point out plenty in advance, and you should be able to, too, now that I’ve taught you how to think about all this. Kamala will probably be “unlikable,” too, like “Al Gore,” or “distant,” or even more “difficult” than Hillary. Gavin Newsom will be “slick” or too “polished” or not enough a “man of the people.” Anyone remotely to their left will be a socialist, etcetera. See how simple this is once you get the hang of it?

So this test of democracy, the greatest one of all? It’s never really about the candidates. Because nobody is perfect. Least of all politicians. This test is about the people, who must be willing to brook some degree of imperfection, and come to their senses, instead of being frightened into searching for an unattainable degree of perfection because…

That’s The Only Thing That Can Win.

That’s the reason we’re told to search for Unattainable Perfection, isn’t it? Anything less is Doomed to Lose. And yet the fact—the fact—is that united, the people can’t be defeated. That sounds trite, but let me remind you, we’re talking about statistical realities. Even in the most extreme social collapses, the majority never support the extremists, which is why they are extremists. Hitler had to seize power, the Bolsheviks had to revolt, Mao had to “re-educate” a society, and so on. The people united cannot be defeated.

But that unity is hard—incredibly hard—to come by. Because the more destabilized a society gets, the less of it it has. And so a kind of vicious cycle sets in, what in complexity theory we call an dynamic system: destabilization destroys unity, which intensifies destabilization.

That is how extreme minorities collapse societies. And it’s why despite the majority not backing the fanatics and lunatics even in the most extreme social collapses, we see social collapses. Because the unity of the majority in the thinking, sane center doesn’t hold.

So. This is democracy’s greatest test of all. When the chips are this down, so far they’re in the abyss, can the people remember that united, they can’t be defeated? That through unity, the preservation of democracy is assured—but in its absence, all history’s horrors and follies recur, like a waking nightmare?

Understand my words, my friends. I say none of this lightly. I predicted American collapse. I can tell you what happens next. But that’s not the part you need to know. It’s that you still have the power to change it.

Now that the initial shock of Biden’s poor performance in last night’s debate is fading, there are several bottom-line facts that should not be overlooked.

Biden has been an excellent President. Trump was a failed President, impeached twice, who inspired an insurrection intended to overthrow the government and the Constitution. Historians have judged Trump to be the worst of all presidents.

Biden has many legislative accomplishments: the Infrastructure bill, which directed billions of dollars to repair our nation’s crumbling bridges, tunnels, roads, and other vital parts of the economy. His CHIPS act brings high-tech jobs back to the U.S. and has already encouraged more than $300 billion in new investments. His efforts to create good union jobs and to revive unions strengthen the middle class. He has also relentlessly tried to reduce the massive debt that college students are saddled with.

By contrast, Trump’s only legislative accomplishment was a massive tax cut for the 1% and corporations.

Biden has aggressively promoted action to curb climate change. Trump opposed any effort to deal with climate change, forbade the use of the term, and insists that it is a hoax.

Biden appointed highly accomplished people to his cabinet, with few exceptions; Trump appointed rightwing extremists and had a high turnover among the few qualified people he appointed.

Trump appointed three Supreme Court justices who were prepared (though they didn’t admit it in their hearings) to overturn Roe v. Wade and to gut gun control. if re-elected, he will have the opportunity to appoint more extremists to the Supreme Court who want to roll back the New Deal.

Biden has revived NATO. Trump wants to withdraw from NATO.

When Russia invaded Ukraine, Biden rallied Europe to defend Ukraine against Russian aggression. Trump wants to abandon Ukraine and let Putin take whatever he wants in Europe.

Biden respects the Constitution. Trump does not. Trump refuses to admit that he lost the 2020 election, despite losing more than 60 court decisions against his claims. Trump refused during the debate to accept the results of the 2024 election. Trump undermines respect for the Constitution, the electoral system, the judicial system.

Biden is not a good speaker. He is not a good debater. He has a slow gait. He is a good President. He is actually a GREAT President.

And Trump is a demagogue, a world-class liar, a wannabe Fascist, and a danger to the nation and the democratic institutions that are the soul of our nation.

I repeat, Biden has been a great President. If he doesn’t step aside, as many nervous people urge, I will support him. With my heart, my soul, and my wallet.

Dahlia Lithwick and Norman Ornstein are lawyers and close observers of national politics. In this article, they urge us to take Trump’s threats seriously. They are not just campaign rhetoric or empty promises. He means what he says. As Maya Angelou once said, “When someone shows you who they are, believe them the first time.”

Most of the mainstream media (MSNBC is an exception) attempts to normalize Trump, as though he’s just another in a long line of conservative politicians. He is not. He is an autocrat who longs to have total control and to use that control to get vengeance for his enemies (no “loyal opposition” for him).

The first term was a warning. Trump tried in some cases to pick good people, but they didn’t last long. He won’t make the same mistake. He will demand loyalty, total loyalty. Anyone he appoints will have to agree that the election of 2020 was rigged and stolen.

He says he will take bold steps to reverse the progressive gains of the past 90 years, which he will attribute to “communists, socialists, fascists vermin, and scum”

Lithwick and Ornstein write at Slate about The dangers posed by Trump:

Most would-be dictators run for office downplaying or sugarcoating their intentions, trying to lure voters with a vanilla appeal. But once elected, the autocratic elements take over, either immediately or gradually: The destruction of free elections, undermining the press, co-opting the judiciary, turning the military into instruments of the dictatorship, installing puppets in the bureaucracy, making sure the legislature reinforces rather than challenges lawless or unconstitutional actions, using violence and threats of violence to cow critics and adversaries, rewarding allies with government contracts, and ensuring that the dictator and family can secrete billions from government resources and bribes. This was the game plan for Putin, Sisi, Orbán, and many others. It’s hardly unfamiliar.

Donald Trump is rather different in one respect. He has not softened his spoken intentions to get elected. While Trump is a congenital liar—witness his recent claim that he, not Joe Biden, got $35 insulin for diabetics—when it comes to how he would act if elected again to the presidency, he has been brutally honest, as have his closest advisers and campaign allies. His presidency would feature retribution against his enemies, weaponizing and politicizing the Justice Department to arrest and detain them whether there were valid charges or not. He has pledged to pardon the Jan. 6 violent insurrectionist rioters, who could constitute a personal vigilante army for President Donald Trump, presumably alongside the official one.

He has openly said he would be a dictator on Day One, reimplementing a Muslim banpurging the bureaucracy of professional civil servants and replacing them with loyalists, invoking the Insurrection Act to quash protests and take on opponents while replacing military leaders who would resist turning the military into a presidential militia with pliant generals. He would begin immediately to put the 12 million undocumented people in America into detention camps before moving to deport them all. His Republican convention policy director, Russell Vought, has laid out many of these plans as have his closest advisers, Stephen Miller, Steve Bannon, and Michael Flynn, among others. Free elections would be a thing of the past, with more radical partisan judges turning a blind eye to attempts to protect elections and voting rights. He has openly flirted with the idea that he would ignore the 22nd Amendment and stay beyond his term of office.

The battle plan of his allies in the Heritage Foundation, working closely with his campaign via Project 2025, includes many of the aims above, and more; it would also tighten the screws on abortion after Dobbs, move against contraception, reinstate criminal sanctions against gay sex while overturning the right to same-sex marriage, among other things. His top foreign policy adviser, Richard Grenell, has reiterated what Trump has said about his isolationist-in-the-extreme foreign policy—jettison NATO, abandon support for Ukraine and give Putin a green light to go after Poland and other NATO countries, and reorient American alliances to create one of strongmen dictators including Kim Jong-un. Shockingly, Speaker of the House Mike Johnson violated sacred norms and endangered security by bypassing qualified lawmakers and appointing to the House Intelligence Committee two dangerous and manifestly unqualified members—one insurrectionist sympathizer, Rep. Scott Perry, who has sued the FBI, and one extremist demoted by the military for drunkenness, pill pushing, and other offenses, Rep. Ronny Jackson—simply because Donald Trump demanded it. They will have access to America’s most critical secrets and will likely share them with Trump if his status as a convicted felon denies him access to top secret information during the campaign. This is part of a broader pattern in which GOP lawmakers do what Trump wants, no matter how extreme or reckless….

We are worried about this baseline assumption that everything is fine until someone alerts us that nothing is fine, that of course our system will hold because it always has. We worry that we are exceptionally good at telling ourselves that shocking things won’t happen, and then when they do happen, we don’t know what to do. We worry that every time we say “the system held” it implies that “holding” equals “winning” as opposed to barely scraping by. We worry that while Trump has armies of surrogates out there arguing that Trump is an all-powerful God proxy, the rule of law has no surrogates out there arguing for anything because nobody ever came to a rally for a Rule 11 motion. The Biden administration has largely taken the position that the felony conviction is irrelevant because it’s proof that the status quo isn’t in danger. But the reality is that Republicans are openly campaigning against judges, juries, and prosecutors. Overt declarations of blowing up our checks and balances and following the blueprints to autocracy set by Vladimir Putin and Viktor Orbán, meanwhile, are treated with shrugs by mainstream journalists and commentators. What’s more, Republicans in Congress have shown a willingness to kowtow to every Trump demand. The signals are flashing red that our fundamental system is in danger.

“The system is holding” is not a plan for a knowable future. It never was.

Please open the link and read the article in full.

The Boston Globe reported on Harvard’s decision to ban mandatory diversity statements. In recent years, many universities required applicants to the faculty to write a statement demonstrating their fealty to diversity, equity and inclusion. One of Harvard’s most prominent African-American professors—Randall Kennedy of the Harvard Law School—wrote an opinion piece in the campus newspaper opposing the requirement as a breach of academic freedom. Other universities, including MIT and the University of North Carolina, have already dropped the diversity pledge, likening it to a loyalty oath.

Less than five years ago, Harvard University’s Faculty of Arts and Sciences followed a trend that was then sweeping across American higher education. It instituted a requirement that professors who wished to work at Harvard submit an essay explaining how they would advance “diversity, inclusion, and belonging” in their work.

On Monday, the university’s largest division announced it had reversed course, eliminating the requirement after receiving “feedback from numerous faculty members” who were concerned about the mandatory statements.

A seemingly routine part of academic hiring, diversity statements have become the focus of intense scrutiny as universities grapple with the question of whether well-intentioned efforts to diversify the elite ranks of American institutions have sometimes collided with other core values of academia.

“By requiring academics to profess — and flaunt — faith in DEI, the proliferation of diversity statements poses a profound challenge to academic freedom,” Randall Kennedy, a scholar of race and civil rights at Harvard Law School, wrote in an April op-ed in the Harvard Crimson, the student newspaper.

That essay was widely read in academic circles. It was also cited approvingly in a recent Washington Post editorial that criticized mandatory diversity statements and praised the recent decision by the Massachusetts Institute of Technology to ban their use…

In an announcement Monday, dean of faculty affairs Nina Zipser, said that going forward candidates for tenure-track positions would be required to provide a more broadly focused “service statement,” instead of a statement focused specifically on “diversity, inclusion, and belonging.” A service statement could include a candidate’s efforts to promote diversity and inclusion, but is not required to focus on those topics….

Ryan Enos, a Harvard political scientist and director of the Center for American Political Studies, said he generally pays little attention to diversity statements when vetting candidates. “You got the impression that they reflected more about candidates knowing the right things to say rather than an actual commitment to improving the department on diversity and other matters,” he said.

Of course, critics of the decision complained that universities were backing down from their commitment to diversity due to political harassment by rightwing politicians who object to diversity. But where values are deeply embedded, they are unlikely to disappear.