Sunday, November 11, 2018

Is Trump Machivellian?


The David Gelernter article referenced here comes from: https://www.wsj.com/articles/the-real-reason-they-hate-trump-1540148467

I significantly disagree with Gelernter’s favorable view of Trump as Machiavellian.

A Machiavellian leader is intentional and unemotional in his/her decisions.

Machiavelli’s goal was stability.  The leader should appear noble, but be willing to selectively do evil things to protect power.  Part of Machiavelli’s guile was to shower others with praise so they wouldn’t envy your power.

Trump, in contrast, is overly sensitive and chaotic.  His self-praise is ridiculed and convinces people that he is incompetent.  Rather than being Machiavellian, he is easy pickings for someone who is Machiavellian because of his ego.

Trump is a terrible liar; everyone knows he is lying.  President Obama was much more accomplished in being a Machiavellian liar to USA citizens.  He was selective and effective.  Unfortunately, the left, in general, is much more accomplished at this skill.  They, with the help of liberal domination of our educational system and mainstream media, secure power by appearing to be noble while deceiving a gullible public.

Trump unnecessarily continually creates opponents and unnecessarily arms them to defeat him.

As the old saying goes “Loose lips sink ships.”  Trump may have the loosest lips of any politician in our lifetime.  You consider this to be Machiavellian behavior?

As regards international affairs, Machiavelli identified 3 approaches and recommended the second:
“Three methods have been used by republics for extending their power. One… is to form a confederation of many States, wherein none has precedence over the rest in authority or rank, and each allows the others to share its acquisitions… The second method is to provide yourself with allies or companions, taking heed, however, to retain in your own hands the chief command, the seat of government, and the titular supremacy…
The third method is to hold other States in direct subjection to you, and not merely associated with you as companions.”

Consider Trump’s international strategy:
  1. His support of Israel has been good and his support of Saudi Arabia could be seen as Machiavellian.
  2. He took a good strong stance on North Korea initially (for more commentary, see my blog at the time) but backed off with no results.
  3. Focusing on China’s theft of intellectual property, unfair trade practices and international aggression would be a smart thing to do, but you should align your allies behind you in that move.  Likewise, you should align them against Iran, if you want to put pressure on Iran.  Instead, he unnecessarily fractures alliances.  You think Machiavelli would approve of Trump’s behavior?  Machiavelli would take on other countries sequentially, not indiscriminately and simultaneously.

In Helsinki, he not only offended the USA public, he also armed his adversary, Putin, with words that Putin could use against the USA.  Some of Trump’s praise of Putin reflects Machiavellian principles (and Teddy Roosevelt’s “speak softly but carry a big stick”), but some of it should be done privately and the public portion can be done in a way that does not undermine his support at home so much.  If his approach to Putin is Machiavellian, it is incompetent (or at best, mediocre).

Machiavelli’s goal of stability would be to unite people in a particular belief, while making them aware that they would be punished if they did not align themselves.  Rather than uniting us with a big idea, Trump continually makes enemies unnecessarily, fracturing us.

I’ve often feared our likely lack of unity if we went to war.  Trump exacerbates that risk.  If he takes us to war, the population will not rally behind him.  Again, very different from Machiavelli.

The author argued that the Democrats have no issues other than hating Trump.  I disagree.  The Democrats should have had minimal issues, but Trump and the Republicans mismanaged the situation.  Trump could have forged a positive solution to immigration, but failed to do so.  The Republicans failed to forge a good solution to healthcare.  That might not be Trump’s fault, but Trump and the Republicans allowed the health issue to be defined in a way that hugely favored the Democrats.  They also allowed the Democrats to distort the new tax law, lumping all corporate tax break as helping the 1% despite the vast stock holdings of pension plans, the bonuses and raises that resulted from the tax break and the substantial reduction in unemployment rate which occurred despite pulling a huge number of people off the sidelines and into the population of those seeking employment.

To the degree that it is true that the Democrats successfully won many seats on a “hate Trump” basis, Trump’s incompetence is exposed.  If the other party has no issues, you shouldn’t lose elections.  You should be able to retain the desired power and stability.

Yes, many liberals are elitist.  Some are fundamentally racist, as exposed by their belief that educational expectations should be lowered for African-Americans.  But even the author admits that you don’t have to hate the common USA resident to hate Trump, thereby recognizing that his argument is not strong.

Gelernter argues that Trump reminds us of the average American.  I don’t agree.  His comment also reminds me that I have always recoiled at Senator Roman Hruska’s defense of Nixon’s failed effort to appoint G. Harrold Carswell to the Supreme Court in 1970.  Hruska commented “Even if he were mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they, and a little chance? We can't have all Brandeises, Frankfurters and Cardozos.”  Am I elitist because I want to choose leaders who are outstanding rather than mediocre?

I think you view me as an ultra-liberal (ironically, a number of people view me as ultra- conservative; when I criticize people who someone supports, that person may gloss over the fact that I also criticize the people that they don’t support), but I also am concerned about the socialist left.

In my view, President Obama’s misdeeds led to a wave of Tea Party people being elected.  Now Trump has led to some socialists being elected.  Many in the media are saying that the socialist Democrats did not do well in the election, but I question whether the Democrats and their base will interpret the election in such fashion.

Nobody can do everything right and nobody does everything wrong.  Trump has done some good things (my willingness to acknowledge such offends some of my liberal friends).  By the same token, I think some of Machivelli’s advice is sound, even though I am repelled by the “ends justifies the means” philosophy of life and his corresponding approval of unethical behavior.  (Note: this is written on the presumption that “The Prince” reflected Machiavelli’s beliefs, rather than being a satire as some people think.)

Why We Voted As We Did

The following is a message I wrote, then a response to people who told me that the election is a referendum on Trump.  "Is Trump Machiavellian?" (another blog) is a response to a Trump supporter who responded to my email message.


When Sharice Davids won the primary, I left a message on her web-site that she impressed me and that I would likely vote for her if she continued to demonstrate honesty in her campaign, even though her politics are way left of my moderate approach.  (That’s because character is very important to me.)  As you can see below my signature block, I then wrote to her when she and her campaign manager each, in separate conversations, denied that she said the statements she made about ICE.  She continually says she does not support de-funding ICE, which may well be true, but rather than admit that she strongly supported de-funding when talking with liberal media, she instead continues to falsely accuse Kevin Yoder of misrepresenting what she said.

I had thought her determination to avoid debates was because she figured she was ahead, so did not want to risk a debate.  Tonight, Tina and I watched the one debate she finally agreed to do one week after voting started.  It was discouragingly clear how determined she is to avoid telling voters her positions, despite repeatedly describing herself as “the new leader we need”.  To mask her support of Nancy Pelosi, this new “leader” said she would wait until she gets to Congress to determine who to follow

Having repeatedly touted her bi-partisan nature, she was asked, by the press running the debate, to identify something on which she agrees with President Trump.  She cited his move to base Medicare pharmaceutical payments on prices paid for those drugs overseas.  However, tellingly, she could not bring herself to say she agreed with his position, instead saying that it was something that could be discussed.

Her platitudes about pre-existing conditions and special interests are meant to scare and mislead voters rather than to illuminate issues.  She might do well debating alternative approaches to deal with pre-existing conditions, but she has no interest in doing so.  Instead her advertising falsely suggests that anyone with a large variety of conditions has a pre-existing condition which Republicans would use to deny health insurance.  If insurers were such a special interest that benefits from Yoder’s votes, as she repeatedly claims, why do health insurance companies have mediocre price-to-earnings ratios?  That’s because most insurance lines of business have low, steady earnings.  Health insurers get a small mark-up above whatever the cost of care is.  Certainly, you could argue that their executives are overpaid but unfortunately any such overpayment is a blip on the total cost of care.  The term “special interest” is used to tar any industry a politician thinks is unpopular, not to educate.  If I had to pick a problematic “special interest”, I’d pick class action attorneys (who overwhelmingly support Democrats).  While I love the concept of class action lawsuits, these attorneys have created an industry in which they make tons of money and their clients get pennies (literally; we’ve gotten class action settlements of less than $1, with a letter advising us to consult with a tax attorney before cashing the check).  Ironically, insurance companies are largely owned by mutual funds and pension plans which significantly benefit “middle America”, while class action attorneys are privately-owned businesses generating huge personal wealth.

I commented to Tina many times during this campaign that my impression is that Sharice Davids is a very good person, but that she seems to be letting her handlers run her campaign rather than taking charge.  Tonight it was 100% obvious that she wouldn’t speak her mind.  Clearly she is not the leader she pretends to be.  Why would an independent person vote for someone with radical politics who refuses to state her opinions honestly?

As you know, I was a “never Trump (unless Cruz is the alternative)” guy and I still answer each poll saying that I strongly dislike the way Trump is running the country.  But not everything that he does is wrong and I also strongly object to the lies and distortions of the “resistance” politicians and media.  Although I was inclined to vote against Yoder at the beginning of this campaign, Tina and I have decided to vote for him.  Beyond my above comments, it seems likely that there will be a Blue wave and I fear giving the “resistance” too much power which can extend beyond Trump’s presidency.  I had not intended to express my opinion in this election publicly, but Sharice Davids’ performance in the debate stimulated this message.

For governor, I’ve favored Greg Orman, who is running as an Independent, but I recently went to his web-site to say I (like Tina) would vote for Laura Kelly because I fear Orman will split the anti-Kobach vote, allowing Kobach to win the general election although only a minority of voters support him, just as he won the Republican primary despite only a minority of primary voters supporting him.  It would be good to have rank-order voting so voters could show their true preferences in such circumstances.

I’d be interested in your thoughts if you care to share them.  No obligation of course.


******* (my response to some "Trump is the issue" feedback

People receiving this email responded in one way or another that we needed to show displeasure with President Trump in every way possible this election.  His post-election moves have underscored your argument!

Although you may have been right, I fear we may over-correct.  As Tina pointed out, many Democrats would view votes for Sharice Davids, not as anti-Trump votes, but rather as pro-Socialism votes.  Since the election, a number of columnists have opined that the left-most Democratic candidates did poorly compared to more centrist Democrats, but the parties, like many people, interpret elections to suit their biases.  (I have often told people that Republicans were misguided to presume that people dissatisfied with the ACA would support Republican positions; many people who were displeased with the ACA because they favor a single-payer system, not potential Republican alternatives.)

The possibility that President Trump will be the Republican nominee in 2020 has been increasing.  I fear having a worse presidential choice in 2020 than in 2016.  Therefore I do not want to encourage the Democrats to nominate a socialist.  Voting for Davids would have done so.  Some people think that Republican senators might oppose President Trump more going forward; that would be nice and could reduce his chances of getting the nomination again in 2020.  But I’m still very concerned.

Although some people amazingly believe Trump’s lies, most people see through his lies or understand when the media or another source points out his lie.

Some of you wondered why I fear the resistance.  The lies and deceptions of the “resistance” are more insidious in the sense that they appear more believable and the mainstream media don’t expose them.  When President Trump was elected, Michelle Obama said “When they go low, we go high!”  That was a wonderful approach to espouse, but in my view, the “resistance” has accepted Trump’s limbo challenge (“how low can you go?”).  Too many people accept, then spread, deceptions.  In partisan elections, nearly every ad makes me less likely to vote for the candidate whom the ad favors.  Apparently, we voters reward deceptive ads.

Here are some other things that scare me about the resistance:
1.    Many in the resistance do not believe in free speech; they believe in free speech only for people who agree with them.

2.    Many in the resistance believe in government control of many aspects of life.  I think we need government to monitor the situation and call out the people/entities who do wrong.  When the government is in charge, we lose not only creative competition, we also lose an important independent control over bad things that happen.

3.    The continual degradation of our society that results from extremist misleading discourse is scary.  We need to move to the center, not to replace one autocracy with another.

4.    I think we have a huge number of amazing teachers, but when I was a teacher, I did not like the teacher’s union.  Unions make it hard for excellent teachers to stand out and be recognized.  Unions want pay to be based solely on degrees/credentials and years of service.  They protect poor teachers from being fired.  (There has been some movement in that regard, but I think only because of strongly-expressed public opinion, which will lose influence if the resistance controls.)  Unions try to crush competition such as charter schools. I cherish that charter schools grant principals the authority and responsibility to determine the school’s strategy and to hire/reward teachers who will help develop that school’s mission/brand.

5.    The resistance leaders, like so many politicians, have convinced themselves that the only way we can succeed is with them in charge.  Therefore, “the end justifies the means” and they’ll go to nearly any means to win their way.

6.    They have engaged in character assassination solely for political purposes.  They’ve also (as do most people) criticize people without knowing what is going on.  I don’t know who wrote “I Am Part of the Resistance Inside the Trump Administration” but that person went from being abused by the resistance to being idolized by the resistance.  Perhaps that should give pause to the resistance?

Please note that I am not saying the resistance is unique in the above characteristics.  I tried hard to convince people to pick someone other than Trump/Cruz.  As explained below, see "Is Trump Machiavellian?".  I’m just answering the “what scares me” question.

Others wondered how I could find anything positive in what President Trump has done.  Here are some positives:

1.    Under Trump, the unemployment rate has declined to historic lows despite pulling a lot of people off the sidelines into the pool of those seeking work.  The damage that President Obama did to workers was masked because a lot of people left the work force, causing the unemployment rate not to fully reflect the malaise.  It is preposterous that President Obama and his supporters take credit for results which they preached could never happen because of the fundamental differences in today’s world.

2.    Although I would have voted against Kavanaugh (I’ll post my thinking when I have time), I think President Trump’s Supreme Court nominees will be excellent justices.  I have concerns on some issues, but if I’m right we need to improve our constitutional arguments or work for our goals through Congress.

3.    I believe we had too much bureaucracy.  The changes in the Food and Drug Administration appear to be positive.  Relative to the EPA, President Trump seems to be over-correcting, but the EPA was not operating properly before.

4.    I particularly objected to the lack of due process when an agency would accuse someone of wrong-doing and, if the accused person or company protested, the agency itself would make the final determination.  I think this has reduced under Trump.

I’m a high-tax, graduated-income-tax guy (but, in contrast to the Democrats, I want to pay down debt).  Nonetheless, when I studied the new tax bill, I was pleased that it had some good aspects to it.  It simplified aspects and removed some distortions.  Although it included provisions which Democrats had supported during the campaign, the Democrats, for political reasons, called it “morally obscene” and “the worst bill ever”.  The Democrats and mainstream media misrepresent the bill, ignoring such aspects as:
a1)    Some corporate stock ownership (pension plans, 4.01k programs, ESOPs, individual stock ownership, etc.) benefits the less affluent.
b2)    Some employees got raises and bonuses specifically because of the tax bill increased business earnings.
c3)    It inspired growth that has led to more jobs and we seem to be seeing an increase in wages as a result of competition for workers (obviously, that takes time to develop).
d4)    It is hard to lower income taxes for those who don’t pay income tax already (of course, that can be done through a negative income tax)

If we increased everybody’s taxes by $1 and gave all the money to the poor, I would conclude that we’re helping the poor.  But typical Democratic analysis would criticize the tax as regressive, because they ignore how the tax money is spent.

Bill Clinton’s immorality scared me.  But he did a good job as president and generally brought us together.  Since then, each president has been increasingly divisive.  I think Bush II, Obama and Trump have each been overall negatives.  If interested, see my attached message to a friend who responded to my “how we intend” email with a strongly pro-Trump message and referred me to an article which praised Trump’s realpolitik approach.  As noted in "Is Trump Machiavellian?", I am very leery of “ends justify the means” approaches.  That’s a slippery slope which so many people of all political stripes embrace.

I hope things will turn out well.  Sharice Davids appears to be idealistic, which I like.  By the way, some people criticized her for having moved into the district to run against Yoder.  That seems to be true, but I pointed out that she lived here from high school through under-grad, then went to Cornell for law school, Washington to work in the White House and South Dakota to work with Indians.  She had good reason to be away from KS.  Some also noted that she had little experience and that it was all in Indian Affairs; I think it is great to have have four people of Indian heritage in Congress (no, I don’t count Elizabeth Warren as one of them).  Some respondents noted that Yoder has worked on behalf of individuals in his constituency; that’s true and great, but as one of you noted, that’s not a driving force in determining how to vote.  One of you noted that “In 2017 alone, [Yoder] voted 29 times with disregard to the impact on nature in favor of bottom-line result.”  (I have not checked that out but it seems like a good point.)

In other races, I’m glad Laura Kelly beat Kris Kobach to be governor of KS but Steve Watkins (the less honest candidate it seemed) beat Paul Davis for a nearby seat in Congress and Josh Hawley beat Claire McCaskill for the Senate seat in MO.  Those are three races in which I favored Democrats but I could not vote in the latter two.  It is kind of strange for me to favor Claire McCaskill although I have always considered her to be a nice person and less partisan than many senators.  In 2012, she perverted the political process by investing $1.7 million and in addition, the support of her strategic team, to get Todd Akin the Republican nomination to run against her.  As she later wrote “Running for reelection to the U.S. Senate as a Democrat from Missouri, I had successfully manipulated the Republican primary so that in the general election I would face the candidate I was most likely to beat.”  Despite my disgust for such a brazenly unethical action, she was still a better candidate than Akin.  I did not expect to favor her again, but I did against Hawley because his campaign was more dishonest than hers and because he hitched himself to Trump.

It is not easy to share political opinions, but I consider it to be a civic responsibility.  Our culture warns against discussing politics with relatives or friends and it is considered to be improper to discuss politics at work.  But, particularly with the complicated and divisive nature of our politics, our society can benefit from such discussion.  I often tell Steve Rose that he is my favorite op-ed writer because after reading his columns, whether I agree with him or not, I almost always feel more confident of my position.  Perhaps I have served such a purpose for you or perhaps I’ve encouraged you to share your opinions.

Friday, September 14, 2018

10 Principles of Communication


1.    In elementary school, I was taught that I should communicate in a fashion such that I could be understood.  For over 50 years, I’ve felt that is an insufficient criterion.  We should strive to communicate so that we cannot be misunderstood, a much stricter standard.  Just because someone could understand you is not sufficient.  We need to try to avoid any miscommunication.  Especially today with tweets and texts and emails, messaging is fast and short, leading to ambiguity, poorly-chosen words, etc.

2.    I queue many emails and blogs for future delivery.  Thus, if I realize a comment was vague or omitted, I can improve the message before it is published.

3.    I use "Quick Text" in Outlook to store preferred wording so that I can be consistent in using optimal language.  It is easy to modify such wording for a specific application and to continuously improve it: you click it into text, modify it and, if appropriate, re-save.

4.    It amazes me how easily people can be offended by, and distrust, long-time friends.  Lifelong bonds can be destroyed so quickly.  Once I trust someone, it is very hard for them to cause me to distrust them.  I figure I must have misunderstood what they said or what they wanted to say.  Or they might have misunderstood me.  Or something happened that day that caused them to say something out of character, etc.  Why should one incident overturn years of evidence?

5.    If you’re selling a product, you must disclose all the negatives, but you don’t have to disclose all the positives.  Disclosing all the positives can be problematic:
a.    Minor details may bore or annoy your client because their time is valuable.
b.    It distracts from the main point.  Your client might start day-dreaming, hence not hear the main point.
c.    The positive might have some exceptions, limitations, etc.  So if you mention those positives, you must now mention all those negatives, even if minor.
d.    Mentioning some positives may damage your relationship.  If my financial advisor describes a product feature which will save me money if I go on Medicaid (common in the long-term care insurance industry), I’m thinking I should get a new advisor who will help me avoid being on Medicaid?
e.    You can inform the client about additional favorable features after the sale.

6.    I don’t like “fluff” features that sound better than they are (i.e., Restoration of Benefits or Return of Premium on Death prior to age 75).  I don’t mention them because I want to focus on the key issues and don’t want to feel obligated to explain why such features are not as good as they sound.  I certainly don’t want people to buy based on thinking something is better than it is.

7.    Clients also have a right to rely upon you, hence not have to make every decision.  I tell people "I recommend x or y for the following reason", making it clear that there are other choices.  If the client wants to know about those other choices, they can ask me.  So I don’t need to waste their time presenting those alternatives.

8.    We use sloppy terminology that can lead to misunderstanding and could cause lawsuits.  Amazingly, insurers encourage such sloppy wording.  For example, we sell "long-term care insurance", not “long-term care”.  Supposed “inflation protection” does not protect against all inflation (hence i refer to it as "benefit increase options intended to try to maintain purchasing power in the face of inflation"), etc.

9.    Suitability is part of sales, rather than compliance.  If you attend to suitability, you’ll have happier clients and more referrals.  Insurers put “suitability” in the Compliance sections of their broker guides.  What message does that send to brokers?  (That we don’t really believe in suitability, hence support it only because the regulators make us do it?)  What message does it send to regulators?  (That we support suitability only because they make us do so?  Such an approaches encourages them to wonder what else they should be requiring.)

10. Audiences are ADHD and distracted by their iPhones, thoughts, etc.  In a presentation, they may hear something that suddenly piques their interest, but you may have completed that thought and they can’t recover it.  That’s why I like to have "meat" on slides.  Someone can look up and recover the missed pearl of wisdom by reviewing the text of the slide.

The “I Am Part of the Resistance Inside the Trump Administration” op-ed


For those of you who have not read the script of the “I Am Part of the Resistance Inside the Trump Administration” printed by the NY Times, I have included it below my signature.

I presume that this person is acting in good faith.  It has seemed clear to me that a number of people have been acting in this fashion. Whether or not you agree with the decision to write this letter, you might still conclude that the writer has integrity.

I believe this person should identify himself/herself and resign for the following reasons:
  1. Unless the writer is identified, some people will believe or wonder whether the letter is a hoax.
  2. While I presume that this person is acting in good faith, it is hard to know how much to respect this letter without knowing who wrote it.
  3. The NY Times says the writer is a senior member of the Trump administration, but how do we know that and how do we know what the NY Times considers to be “senior”?
  4. It seems that the individual is a Trump appointee, but how do we know for sure?
  5. Clearly, the letter will lead to a lot of effort to discover who the writer is and to a lot more distrust, chaos and potential finger-pointing in the Trump administration.  A number of people could lose their jobs because of this letter.  The letter indicates that the writer did not want such an outcome.
  6. Other staff members may want to protect the writer from being discovered or defend him/her once discovered.  That would put their jobs in danger.
  7. Resignation should not be a disaster because, as the letter-writer points out, others are also performing in such fashion.
  8. If the letter-writer is concerned that others would be identified if his/her identity is exposed, then the letter should not have been written because that risk still exists without self-identification.
 Claude

I Am Part of the Resistance Inside the Trump Administration
I work for the president but like-minded colleagues and I have vowed to thwart parts of his agenda and his worst inclinations.
President Trump is facing a test to his presidency unlike any faced by a modern American leader.
It’s not just that the special counsel looms large. Or that the country is bitterly divided over Mr. Trump’s leadership. Or even that his party might well lose the House to an opposition hellbent on his downfall.
The dilemma — which he does not fully grasp — is that many of the senior officials in his own administration are working diligently from within to frustrate parts of his agenda and his worst inclinations.
I would know. I am one of them.
To be clear, ours is not the popular “resistance” of the left. We want the administration to succeed and think that many of its policies have already made America safer and more prosperous.
But we believe our first duty is to this country, and the president continues to act in a manner that is detrimental to the health of our republic.
That is why many Trump appointees have vowed to do what we can to preserve our democratic institutions while thwarting Mr. Trump’s more misguided impulses until he is out of office.
The root of the problem is the president’s amorality. Anyone who works with him knows he is not moored to any discernible first principles that guide his decision making.
Although he was elected as a Republican, the president shows little affinity for ideals long espoused by conservatives: free minds, free markets and free people. At best, he has invoked these ideals in scripted settings. At worst, he has attacked them outright.
In addition to his mass-marketing of the notion that the press is the “enemy of the people,” President Trump’s impulses are generally anti-trade and anti-democratic.
Don’t get me wrong. There are bright spots that the near-ceaseless negative coverage of the administration fails to capture: effective deregulation, historic tax reform, a more robust military and more.
But these successes have come despite — not because of — the president’s leadership style, which is impetuous, adversarial, petty and ineffective.
From the White House to executive branch departments and agencies, senior officials will privately admit their daily disbelief at the commander in chief’s comments and actions. Most are working to insulate their operations from his whims.
Meetings with him veer off topic and off the rails, he engages in repetitive rants, and his impulsiveness results in half-baked, ill-informed and occasionally reckless decisions that have to be walked back.
“There is literally no telling whether he might change his mind from one minute to the next,” a top official complained to me recently, exasperated by an Oval Office meeting at which the president flip-flopped on a major policy decision he’d made only a week earlier.
The erratic behavior would be more concerning if it weren’t for unsung heroes in and around the White House. Some of his aides have been cast as villains by the media. But in private, they have gone to great lengths to keep bad decisions contained to the West Wing, though they are clearly not always successful.
It may be cold comfort in this chaotic era, but Americans should know that there are adults in the room. We fully recognize what is happening. And we are trying to do what’s right even when Donald Trump won’t.
The result is a two-track presidency.
Take foreign policy: In public and in private, President Trump shows a preference for autocrats and dictators, such as President Vladimir Putin of Russia and North Korea’s leader, Kim Jong-un, and displays little genuine appreciation for the ties that bind us to allied, like-minded nations.
Astute observers have noted, though, that the rest of the administration is operating on another track, one where countries like Russia are called out for meddling and punished accordingly, and where allies around the world are engaged as peers rather than ridiculed as rivals.
On Russia, for instance, the president was reluctant to expel so many of Mr. Putin’s spies as punishment for the poisoning of a former Russian spy in Britain. He complained for weeks about senior staff members letting him get boxed into further confrontation with Russia, and he expressed frustration that the United States continued to impose sanctions on the country for its malign behavior. But his national security team knew better — such actions had to be taken, to hold Moscow accountable.
This isn’t the work of the so-called deep state. It’s the work of the steady state.
Given the instability many witnessed, there were early whispers within the cabinet of invoking the 25th Amendment, which would start a complex process for removing the president. But no one wanted to precipitate a constitutional crisis. So we will do what we can to steer the administration in the right direction until — one way or another — it’s over.
The bigger concern is not what Mr. Trump has done to the presidency but rather what we as a nation have allowed him to do to us. We have sunk low with him and allowed our discourse to be stripped of civility.
Senator John McCain put it best in his farewell letter. All Americans should heed his words and break free of the tribalism trap, with the high aim of uniting through our shared values and love of this great nation.

Saturday, September 8, 2018

The Tragedy of the Resistance to Trump


Having been a strong “never Trump” individual during the presidential campaign, I have nonetheless acknowledged some things that he has done well and have tried to be fair. 

The continuous lies and deceptions of much of the Resistance have further divided the country (not only harming us but also benefiting our adversaries).  Many press and Democratic Party leaders continually forfeit the trust of moderates, undecided voters and conservatives.

I can definitely envision supporting efforts to remove Trump under specific circumstances (President Trump’s Helsinki statement was sadly “helpful” in this regard), but the Resistance has undermined my comfort with such efforts because:
1)     Because of the continuous distortions and hypocrisy of the Resistance, it would be hard for me to trust that such action is stimulated by patriotism rather than politics.
2)     I don’t see how I could convince my conservative friends that such action was not politically motivated.  The belief by many that it would be a move based on politics rather than principles would exacerbate the constitutional crisis.

When President Obama grabbed so much power inappropriately with his executive orders, I sometimes challenged Democrats, telling them they would not like it if a conservative president followed President Obama’s lead.  Unfortunately, they brushed me off, because in their eyes, the ends justified the means and they figured there was little chance of such a conservative being elected.

By the same token, if people who pursue Presidential removal have not earned trust, we risk descending into a political situation in which each administration is challenged in such ways.  I do not believe we can succeed as a country in such fashion.


I urge the Resistance to look in the mirror at their own actions and speech.  Do they not realize that John McCain’s final efforts and the "I am Part of the Resistance" letter expose the failings of the Resistance as well as of Donald Trump?


Saturday, September 1, 2018

Melinda Henneberger's article about John McCain

Melissa Henneberger’s excellent September 1 column about John McCain (Linkincluded “get beyond tribalism”, “put aside our political differences”, “honor”, etc., but she did not exemplify such virtue when she wrote “Paul Ryan, of all people, reminded us…that subterfuge is overrated and…honesty remains a viable option”. (Italics added by me)

When people oppose some of the direction of their team, do they resign, risking that undesirable actions dominate more strongly?  Or do they stay the course, trying to have a positive influence?  Do they fight every battle or pick the ones they feel they can influence?  These are not easy decisions.

Criticism of Paul Ryan is fine (I’ve been disappointed by some of this actions*), but should be specific, rather than name-calling, and was out-of-place in her otherwise outstanding article.  Sadly and ironically, her comment about Ryan represents the behavior Senator McCain hoped to curb.

* For example, I am disappointed that Paul Ryan will not allow a vote on proposed legislation supported by a majority of the House, if a majority of Republicans do not support the legislation.


Wednesday, July 25, 2018

I sent the following message to my senators and Congressmen.  I suggest that you express your opinion as well:
President Trump's behavior in Helsinki was absolutely unacceptable.  It is important that Republicans NOT violate their own integrity by accepting in any way or to any degree, his contrived explanations.

Monday, July 16, 2018

Issues re: Brett Kavanaugh as a Supreme Court nominee

I sent the following message to my senators and Congressman:  Brett Kavanaugh seems to be an excellent choice for the Supreme Court.  However, given the circumstances, it would be best if, during the confirmation process, he promised to recuse himself regarding any case that comes before the Supreme Court regarding President Trump and the Mueller investigation.  --- Claude

Separately, I’ve written about my opposition to litmus tests for Supreme Court nominees.  Looking at past decisions and writings is appropriate.  I’ve done so here relative to Brett Kavanaugh.

As noted below, Judge Kavanaugh has argued “a judicial nominee’s general judicial philosophy is appropriate for consideration by the President and – with some deference to the President – by the Senate.”  I agree.  At least some of the issues below are “fair game”.  Additional questions regarding judicial philosophy are appropriate; I’m addressing only those I came across in these writings.

If I was a Senator, I would want to hear his thoughts about attorney-client privilege (see #1), about the court’s role in assuring fair elections (see #2) and about war powers (see #6).

A lot of attention has been given to Kavanaugh’s writings about deferring civil suits and criminal investigation of a sitting president.  In my view, those writings appear fairly non-controversial.  Most people agree that we don’t want presidents to be bogged down with such investigations while responsible for being president.  It is not clear to me how Kavanaugh’s past writings would impact potential rulings related to the Mueller investigation.

Regardless of his thoughts regarding potential Mueller-related rulings, I believe Kavanaugh should agree, in advance, to recuse himself from voting if such a case were to come in front of the Supreme Court.  Many citizens have serious concern because he was nominated by President Trump while the Mueller investigation was in full bloom and contentious, combined with the fact that he has written about these issues.  The best way to alleviate those concerns seems to be recusal from voting.

I acknowledge that Kavanaugh’s experience would add a lot of value to Supreme Court discussion of such a case.  I am not suggesting that he should abstain from discussion, solely that he should abstain from voting.

1)    Although I was very upset at President Clinton’s continued inability to control his urges despite having experienced the issues becoming public, I strongly opposed Independent Counsel Starr’s effort to access Vincent Foster’s client papers during the Whitewater investigation.  Attorney-client privilege is intended to protect clients.  Why would it matter whether the attorney is alive or dead?  When Starr raised his challenge, I was glad my mother had died, because, as a survivor of Nazi Europe, she would have been chilled to the bone upon hearing such a terrifying suggestion.  Kavanaugh argued that client-attorney privilege should have evaporated under these circumstances.  I don’t know what Kavanaugh argued (I have not found a copy of his paper); I don’t know if he was his client’s, rather than his own, opinions; nor if he has changed his mind.  I’d ask about this, in order to understand how he views civil liberties.

2)    Kavanaugh argued that the Bush-Gore recount in Florida should stop.  Having voted for Bush, I was nonetheless appalled by the Supreme Court decision to stop the recount.  I don’t know what Kavanaugh argued (I have not found a copy of his paper); I don’t know if he was representing his client’s, rather than his own, opinion, nor if he has changed his mind.   I’d ask about this in order to understand how he views the court’s responsibility regarding protecting the voting process.

3)    In 1998, Kavanaugh wrote a Georgetown Law Journal article, in which he recommended six changes to the Independent Counsel (IC) law (“Ethics in Government Act of 1978”).  I’ve read Kavanaugh’s paper and agree with e) and f), but am inclined to disagree with a)-d).  I’d want to give them much more thought and hear discussion before reaching a conclusion about these suggestions but these were not judicial decisions and generally would not be areas I would pursue in questioning.  Kavanaugh suggested action by Congress, because he felt the current law is weak.  Clearly, he was not suggesting that the court should overturn current law.

a.    He argued that an IC should be nominated by the President and confirmed by the Senate, rather than named by a three-judge panel appointed by the Supreme Court Chief Justice.
b.    “The President should have absolute discretion (necessarily influenced by Congressional and public opinion) about whether and when to appoint an independent counsel.”
c.    The President and Attorney General should “define and monitor the independent counsel’s jurisdiction”.  For me, that might depend on the particular purpose of the independent counsel on that case. 
d.    He argued that the proceedings should remain private, except that the President and House Judiciary Committee should be informed of any evidence of possible misconduct by current executive officers (including the President) that might “dictate removal by the President or impeachment by Congress”.  That seems subjective.
e.    “Congress should establish that the President can be indicted only after he leaves office.”  I agree.  Perhaps there should be exceptions relative to treason, etc., but the impeachment process may be sufficient in that regard.  Kavanaugh argues that such protection “would expedite investigations in which the President is involved (Watergate, Iran-Contra and Whitewater)”; he is NOT trying to undermine such investigations.
f.     “Congress should codify… that the President may not maintain any executive privilege, other than a national security privilege, in response to a grand jury or criminal trial subpoena sought by the United States.”  I agree.

4)    Kavanaugh wrote an article about separation of powers in the Minnesota Law Review in 2009. 
a.    He reiterated his Georgetown arguments about civil and criminal suits and investigations, noting that Congress has protected “certain members of the military” from current civil suits.
b.    “…using the confirmation process [of staff reporting up to the President] as a backdoor way of impeding the President’s direction and supervision of the executive branch … is constitutionally irresponsible.”  I agree and challenge anyone who disagrees to question themselves carefully as to whether they approved of Congressional resistance during both the Obama and Trump administrations.  The answer should be the same relative to both administrations.
c.    “the independence and life tenure of federal judges justifies a more searching inquiry by the Senate into their fitness and qualifications”.  I agree.
d.    “Many Senators seem to believe that a judicial nominee’s general judicial philosophy is appropriate for consideration by the President and – with some deference to the President – by the Senate as well.   At the same time, the political ideology and policy views of judicial nominees are clearly unrelated to their fitness as judges, and those matters therefore appear to lie outside the Senate’s legitimate range of inquiry.”  Kavanaugh agrees with the “many Senators” and I do as well.
e.    “The Senate should consider a rule ensuring that every judicial nominee receives a vote by the Senate within 180 days of being nominated by the President.”  I agree.
f.     Senators’ involvement in the confirmation of heads of independent agencies should be more similar to judges than to executive staff.  However, as noted below, he questions the existence of so many independent agencies.

5)    Citing problems such as misjudging Saddam Hussein’s weapons program, mismanaging Hurricane Katrina and the failure of fiscal regulatory agencies relative to the financial crisis, he argues that:
a.    The Executive branch should be reformed to avoid “extraordinary duplication, overlap and confusion”.
b.    Independent Agencies are constitutionally permitted and appropriate in some circumstances (e.g., Federal Reserve Board), but we have too many of them.  He observes that such people’s actions contributed to the financial crisis and writes “Why shouldn’t someone have the authority to fire such persons at will?”  He is saying only that there seem to be too many and careful thought should be given to each.

These positions seem reasonable and irrelevant to Supreme Court confirmation.

6)    Relative to separation of powers regarding waging war, Kavanaugh offered the following opinions:
a.    The President should “try to ensure where possible” that his actions do not involve steps which Congress has prohibited.
b.    The Supreme Court should take consistent stances on how various war authority laws interact.
c.    Courts should be “cautious about finding implied congressional prohibition” based on “inferences from congressional silence”.
It would be appropriate to question why a president would ever do something that had been prohibited or why court might ever draw inferences from congressional silence.  However, I think it is clear that things could occur subsequent to a prohibition that might justify immediate action.  We can’t anticipate every possible occurrence.  Kavanaugh would presumably take that stance, but questions would be appropriate.

7)    Lastly, Kavanaugh suggests that a constitutional amendment to create a single six-year term would have several benefits.  I lean against his arguments, but feel that this topic has no relevance in determining whether to confirm him as a judge.