Clause 61: The Pushback Blog

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Stories of Sex and Power

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Is American society really changing? After Harvey Weinstein, Louis C.K., Charlie Rose, John Conyers and all the others, are we really getting to a milestone of cultural change?

I don’t think it is the beginning of the end, but I hope it is the end of the beginning.

Principles

Here is the ideal situation: nobody has to hate going to work because she expects to be groped, fondled or otherwise intruded upon by someone whom she is afraid to confront because he has situational or institutional power. Obviously, we are not there yet.

I would like the current crop of public shamings to lead to the above ideal situation. I don’t believe we are going to wake up on 1 January 2018 and magically be in that place, but we can make substantial progress.

Establishment of Guilt

Roy Moore is our first serious test case. He is accused of making sexual advances on underage girls some decades ago. He has hunkered down and is denying the charges all the way. One America News wants him to have the benefit of due process and be considered innocent until proven guilty.

I completely understand their objection. However, since I wasn’t born yesterday, I also know that he would have been able to exempt himself from due process as a DA and a judge.

One of his accusers claims:

 “I was terrified. He was also trying to pull my shirt off. I thought he was going to rape me. I was twisting, I was struggling, and I was begging him to stop,” she said. “At some point, he gave up. He then looked at me and he told me, he said, ‘You’re just a child,’ and he said, ‘I am the district attorney of Etowah County, and if you tell anyone about this, no one will ever believe you.'”

— Source: NBC News

Even if that didn’t actually happen, how would we ever get to the bottom of it? There have been so many predators who said, “I am ____, and if you tell anyone about this, no one will ever believe you.” And they have been right for all these years. This is not OK.

So a sexual predator with power and influence is not ,likely to be brought to account by normal due process. Now what are we left with? Put up with it?

I am sure that many of Moore’s defenders think he is being picked on because he is hated by both Democrats and establishment Republicans. So what? Did he do the deeds or didn’t he?

We are not going to ever get this into a court and get resolution; certainly not the same way as if a common Alabama plumber or mechanic had been accused of the same offense. Until we can, maybe persons with power and influence have to be brought down under these conditions.

If Moore really didn’t do what he is accused of, I regret the damage of the accusations. We are going to see some excesses before this is over. We are going to see people being falsely accused.

However, if there is no formal venue where such people can be brought to account, then there has to be a messy and informal venue. Allowing this behavior to continue is not acceptable.

People get wrongly accused of crimes all the time. Some of them do not have the power, influence and means to fight the accusations effectively. Take a moment to think about them.

The Appropriate Punishment

Another aspect we have to work out is what the appropriate punishment is for various offenses. In the past, the appropriate punishment was none, and we are not OK with that anymore. So we effectively have no precedent.

Is one incident of a man in a position of power forcing himself on a woman a hanging offense? If not, how many incidents establish a pattern? Does contrition matter? Does the amount of time between then and now enter into consideration?

I don’t have the answers to these questions. We will, as a society, have to answer them.

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Written by srojak

November 29, 2017 at 11:13 pm

Not Following the Logic

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The whole flap over pro football players kneeling during the national anthem has gone to a new level this week. Let’s sort it out.

Thumbing Your Nose

Kneeling during the national anthem is thumbing your nose at the entire country. It is a posture, an affectation. People who do it are poseurs. Where else could they go to make this kind of money doing what they do?

A football player does not get to tell us how to interpret his disrespect to the nation. Yes, I am talking to you, Richard Sherman. Kneeling during the national anthem is an act of disrespect to the entire country, including most of us who have no influence over how the criminal justice system treats black people in the inner city. Sherman is too intelligent not to know that.

Having a Complaint

Do black people have a complaint regarding the way they are treated by the criminal justice system? Hell, yes. Many people, not just black people, have a legitimate beef. The shenanigans in Ferguson, Missouri, for example, should offend every voter in this country. Municipalities and counties using law enforcement as a revenue center should offend every voter in this country.

The number of persons under correctional supervision (in prison, on probation or on parole) is appalling. According to a 2012 article by Adam Gopnik, there were more black men under correctional supervision at that time than there were in slavery in 1850; the total population of America that is under correctional supervision was over six million and growing. Contrary to popular lore, many of the people in prison are there for drug offenses or offenses against “public order”. Since black people are in prison at a disproportionately higher rate than Americans in general, yes, there is a genuine issue.

Taking Action

So what should a politically aware black football player do? How about taking some of that large NFL salary and putting it to work in community action? How about sponsoring court appeals on behalf of people who are being exploited by municipalities? Put your money where your mouth is.

White House Invitations

Back in 2011, the Boston Bruins won the Stanley Cup and were invited to the White House. Goalie Tim Thomas declined the invitation. This writer maintained that Tim Thomas had no business declining the invitation.  I disagree. Similarly, Stephon Curry has every right to decline an invitation to the White House, given that he disagrees with the politics of the President.

The President is the Chief Executive, the Head of State and a high profile political figure. If a person disagrees vehemently with the political viewpoint of the President, by all means, do not accept his invitation to the White House.

Donald Trump’s Statements

Yes, Donald Trump made inflammatory and provocative statements on this subject. In other news, Lindy made it!

Really, who reasonably expected that, if this issue made it to Trump’s radar at all, he would make a nuanced, empathetic statement that would uphold respect for the nation as a whole while recognizing the real problems that people have encountered at the hands of governments? Did anyone really think Trump would call for national reflection on the issues that black athletes are raising while asserting that the nation deserves respect even if specific people in positions of authority have abused their power?

And there was every reason to expect Trump to weigh in on this issue. It is red meat to his base, many of whom a) love America and b) watch football. Trump has demonstrated that he has a laser focus on his core constituency, his political “investors”.

Trump’s statements are off the table for purposes of this discussion. There is nothing new here. The themes have not changed at all during the year. There really is not anything else to say.

Donald Trump is my President, in that he was duly elected through the recognized Electoral College process, just like Barack Obama was. Trump does not represent my viewpoint, and I would have wanted a more nuanced response. However, I recognize that Trump doesn’t do nuance. There is no point in flogging this horse anymore. He is what he is, and he is not going to change.

 

Written by srojak

September 24, 2017 at 11:22 pm

Loaves and Babies

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Peter Drucker wrote describing the importance of knowing when to compromise and when not to. He compared dividing a loaf of bread to dividing a baby.  When you divide a loaf in half, you get a compromise; when you divide a baby in half, you get a corpse.

The modern western state, seeking to placate everyone and avoid conflict, does not have a conceptual category for baby. Everything is a loaf, divisible by two or 20 million, as necessary, to preserve political equilibrium and prevent disruption. Any threat can be bought off; any dissent can be co-opted. But there are some things that are not amenable to compromise.

In the rest of the world, there are many people who see the West as not only weak but morally aimless. They look at us and conclude that we think we can buy our way out of any predicament, that we won’t stand and fight for anything. The Islamic State comes to mind immediately as an example, but many people in Russia, Turkey and China also believe this about the West.

The Islamic State, in its current form, is too nihilistic to survive, but it may yet morph into something else. Whatever becomes of it, the threat it represents to Western civilization is not unique to it. This threat will be made manifest by other people and cultures.

We need to decide what about our civilization is worth defending. Other people have already decided what about our civilization is worth attacking.

Written by srojak

September 19, 2017 at 6:25 pm

Posted in Ethics, Politics

Tagged with ,

Contempt of Cop

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The BBC has posted video showing Alex Wubbels, a nurse in Salt Lake City, being arrested for refusing to turn over a blood sample of an unconscious person to police. According to reports, there are three conditions under which hospital policy allows police to have a blood sample:

  • The person in question authorizes the sample;
  • The person in question is under arrest;
  • The police have a court order to obtain the blood sample.

None of these were true. Instead, the detective ordered the nurse to procure the sample. When she refused on policy grounds, he arrested her. There is no evidence of her having copped a ‘tude or being in the detective’s face. Instead, she explained the policy in a clear, adult manner.

Absent any contradictory information, which we have not seen to date, this is an example of a contempt of cop arrest. There really are no legal grounds for arresting a person under contempt of cop. People who can’t defend themselves and don’t have a large institution behind them get treated like this all the time.

I am hopeful that this incident will make contempt of cop real to people, so that we can stamp out this practice. Watch the video so it will be real to you.

Written by srojak

September 2, 2017 at 10:04 am

Flexible Or Unprincipled?

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There are a lot of questions out there right now. I have them also. Answers are not readily forthcoming, but can we refine the questions?

Who Put the Syrian Kids on Donald Trump’s Milk Carton?

Was the missile strike on Syria on 7 April an impulsive and emotional response to video evidence of suffering children? Assembling the available evidence since the 2016 campaign, it sure looks that way. But even if this is true, what can we take away from it?

It is highly unlikely that a sudden whim from the President provoked top-down assessment of an option to use force that had not be previously considered. More probably, a course of action involving missile strikes on Syrian government assets was already on the table, and the images of children suffering the effects of sarin broke through to executive attention and resulted in this course of action being considered where it wasn’t before.

This would indicate that there will be other opportunities for a person with an agenda and the right kind of supporting materials to influence executive policy in both foreign and domestic situations.

Where Is the Boundary between Flexible and Unprincipled?

The entire Trump presidency puts this question to the nation, along with related questions, such as, “Can a policy you disagree with ever be principled?”

Certainly, Trump has given every indication of having a very limited set of operating principles. We have every reason to believe that, if someone were to take a shot at him today with a rifle, by this evening he would have a new-found interest in gun control. Everything that had been said during the campaign about Second Amendment rights would be, in the immortal words of Ron Ziegler, rendered inoperative.

However, this is nothing new. We have more antecedents than just the Nixon Administration to recall in order to gain perspective. There are obvious similarities between Trump and FDR; I mentioned these a year ago. FDR was fully capable of meeting with six people, all of whom had mutually incompatible agendas, and have each of the six walk away from the meeting fully believing that, “Roosevelt agrees with me completely.” Then FDR would follow a seventh course, or perhaps do nothing.

Nevertheless, FDR was popular with the country. You can see the newsreels of people in the street crying when he died in April, 1945. Whatever he really believed, FDR conveyed the belief that the troubles of the people in the nation really mattered to him. The principles he publicly stood for were to try anything to get out of the Depression; it just happened that anything always led to an expansion in the role of the federal government.

The principles we have seen from Trump are counterpunching, strength and bellicosity. It would be helpful if we saw more of these principles at work representing the nation, rather than in the service of Donald Trump the person. This still would not satisfy those people who don’t want America to be about counterpunching, strength and bellicosity, but it would be a step in the right direction.

I should also point out that we’ve tried other approaches. The Obama Administration had entirely consistent and predictable responses to atrocities in Syria: Do nothing. These did not lead to a satisfactory outcome.

In a position of leadership, refusal to divulge principles is not an option. People will not suspend judgment because you withhold information. They will attempt to fill in the blanks themselves, deducing your principles from the available information. It won’t do to complain about the inferences people draw from your behavior after having refused to put your own word out.

Can Congress Stop Airlines from Overbooking?

Why not? Isn’t that fraud? The airline is representing it has seats available that it doesn’t really have.

I understand that the airlines will, in turn, claim to be subject to traveler games with multiple reservations and cancellations. There is a risk involved, where the travelers don’t want to get bumped and the airlines don’t want to fly empty seats around.

When you run a business, you bear business risk. We don’t let dry cleaners evade their negligence by stamping Not responsible for losses due to negligence on the dry cleaning tickets. They can try it, but it won’t hold up in court. Similarly, it is bad public policy to let the airlines dump the risk of matching capacity to demand on the consumers.

Are We Overestimating the Ability of China to Help with North Korea?

This question was raised on the BBC’s Dateline London show this week. The idea behind the question is that the PRC may not be able to influence North Korea as much as others in the world believe possible.

At the same time, people are calling for a diplomatic solution to the problem posed by North Korea’s nuclear aspirations. Even the Chinese Foreign Minister, Wang Yi, has warned of a “head-on collision” between the US and North Korea. However, what a diplomatic solution would look like is unclear. North Korea expelled outside inspectors in 2003, formally withdrawing from the nuclear Non-Proliferation Treaty. What can anyone reasonably offer Kim Jong Un in exchange for permanently scrapping his nuclear program?

Reviewing North Korea’s nuclear history reveals there has been little to no success in halting the country’s progress in its nuclear program. However, another detail that has not been addressed is hidden in the history: North Korea is unreliable and cannot be trusted. Every single deal that has been reached in the past has been broken by North Korea. With this in mind, North Korea’s demands for  recognition as a nuclear power and its promises to not use nuclear weapons recklessly or its ending programs in exchange for the United States and South Korea halting joint military exercises must be met with suspicion. This raises the question, how do you negotiate or make a deal with an actor you cannot trust?
— Kevin Princic, “North Korea: Navigating the ‘Land of Lousy Options'”, 20 Jan 2016 [http://blogs.shu.edu/diplomacy/2016/01/north-korea-navigating-the-land-of-lousy-options/]

China is definitely worth engaging, as China is North Korea’s windpipe. Anything China can do is a contribution. Nevertheless, the options are all rather bad at this point.

Is Kemalism Finished in Turkey?

General Mustafa Kemal took control of a national assembly that opposed the concessions required by the Allies at the 1920 Treaty of Sèvres. He defeated the Allied forces, forcing a revised settlement at the 1923 Treaty of Lausanne. In 1924, Kemal abolished the Caliphate and Turkey became a one-party republic. He proclaimed a program called the Six Arrows:

  1. Republicanism;
  2. Populism, here focusing on transfer of political power from aristocrats and tribal leaders to citizens;
  3. Nationalism,
  4. Secularism, separating national law from Islamic law and enforcing only the former;
  5. Statism;
  6. Modernization.

As an instance of both populism and modernization, Kemal required Turks to have last names. He changed his name from Mustafa Kemal to Kemal Atatürk (Father of the Turks). He invited westerners including John Dewey to advise the government on how to achieve modernization.

The referendum being held today asks the country whether the executive of President Recep Tayyip Erdoğan should be granted constitutional changes bringing all state bureaucracy under his control. The office of prime minister would be abolished and the president would have greater powers to issue decrees and dissolve parliament. He would also have greater powers over the judiciary.

As of this writing, with over 95% of the votes counted, the BBC reports that Yes votes are leading 51.4% to 48.6% for No.

Erdoğan has sought to reverse the secularism of Kemal while expanding on nationalism and statism. He has taken a hard line with separatist Kurds. In 2016, an attempted coup d’état of uncertain origin broke out in Turkey which was defeated. The Erdoğan government claims that the coup was masterminded by a former ally, Fethullah Gülen, now living in exile in Pennsylvania.

What becomes of Kemalism? There were some roots of authoritarianism in Kemalism; all evidence indicates that Erdoğan is returning to at least this level of authoritarianism. At the same time, he always has been more Islamist than Kemalism could tolerate. Early in his life, he was jailed and banned from political office for expressing Islamist political views. This ban was annulled by his allies in the Justice and Development Party (AKP) in 2002 after winning a national election victory.

 

William Pitt the Elder

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William Pitt the Elder, by William Hoare

William Pitt the Elder, by William Hoare

William Pitt the Elder (1708-1778), later 1st Earl of Chatham, was a chief minister of Great Britain (there was still ambivalence to the title of Prime Minister). He was bombastic, mercurial, confrontational and he may have been manic-depressive.

He changed Anglo-American politics forever. If you live in Pittsburgh, Pittston, Pittsboro or various Pittsfields or Chathams, your place of residence was named in recognition of William Pitt.

Paymaster of the Forces

Between 1746 and 1755, Pitt served as Paymaster of the Forces, effectively the treasurer of the British Army. At that time, the office was extremely lucrative for the holder, with two principle perquisites:

  • Ability to skim the interest in army funds, including the soldiers’ pay;
  • Ability to skim the profits of sale of military assets, such as the sale of old military supplies.

Although Henry Pelham, who has previously been paymaster of the forces, had refused these perquisites, he had been private about it. Pitt publicly renounced them. This example initiated a change in the way we conceive of the conduct of a political office holder. What had been looked upon as standard operating procedure, and remained so in many other countries, became viewed as corruption in the Anglo-American tradition.

Pitt initiated this change, and he did it not through introducing laws or launching a crusade, but by the simple force of his own example.

The Seven Years’ War

The Seven Years’ War began in 1756 and initially went very badly for Britain and her allies. The Braddock Expedition had been smashed in 1755. In the early years of the war France took Minorca, Fort Oswego and Fort William Henry. Hanover, allied to Britain through the King, was forced to withdraw from the war.

I know I can save this country and that I alone can.
— William Pitt, 1756

In 1757, Pitt entered into a coalition government with a man who had been his enemy: Thomas Pelham-Holles, 1st Duke of Newcastle. They divided their responsibilities: Pitt managed the war against France in their colonies, while Newcastle managed the war in Europe. Pitt obtained the funding to support world war, while Newcastle handled the patronage needed to keep the coalition in power.

Our bells are worn threadbare with the ringing of victories.
— Horace Walpole, 1759

1759 is remembered as an Annus Mirabilis for the harvest of victories over the French. In North America, Britain captured Fort Ticonderoga and Quebec, and drove the French from the Ohio Country after taking Fort Duquesne the previous autumn. British forces captured Guadeloupe. In Europe, the Navy destroyed the French capacity to launch an invasion of Britain, establishing itself as the dominant naval power, and Britain with her allies won the Battle of Minden. In India, British forces relieved the Siege of Madras.

For the remainder of the war, Britain consolidated and expanded on these gains, collapsing French holdings in India and North America east of the Mississippi.

The American Colonies

The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but the King of England cannot enter — all his force dares not cross the threshold of the ruined tenement!
— William Pitt, speech in Parliament, 1763

Britain had become concerned about how to pay for the enormous army it had created during the Seven Years’ War. Sons of powerful landed families had purchased commissions as officers in new regiments. It would have been unthinkable to buy them out, but how were these regiments to be supported financially? A plan for an excise tax on cider, which would have landed principally on the country gentry, had gone down to dramatic defeat in 1763, taking George III’s favorite, the Earl of Bute, along with it.

George Grenville then became first minister, and sought to solve the problem by taxing the American colonies through the introduction of Sugar and Stamp Acts. More odious than their tax effects was their intent to bypass colonial legislatures in imposing taxation. Townshend and his allies maintained that the colonies had “virtual representation” in the British Parliament.

The Stamp Act led to riots in America and attacks on British agents who collected the taxes. By January, 1766, there was sharp division in Parliament. Grenville had worn out his welcome with the King, who replaced him with Charles Watson-Wentworth, 2nd Marquess of Rockingham, who brought Edmund Burke along with him as personal private secretary. Rockingham wanted to repeal the Stamp Act, but a substantial number of MPs were unwilling to yield the conceptual right of Parliament to impose taxes. Virtual representation was also seen as essential; the same doctrine addressed the representation of cities such as Manchester, which had no representatives of their own in Commons.

Pitt was not buying the idea of virtual representation, and foresaw the future of reform:

This is what is called the rotten part of the Constitution. It can not continue a century. If it does not drop, it must be amputated. The idea of a virtual representation of America in this House is the most contemptible idea that ever entered into the head of a man. It does not deserve a serious refutation.

The Commons of America represented in their several assemblies, have ever been in possession of the exercise of this, their constitutional right, of giving and granting their own money. They would have been slaves if they had not enjoyed it! At the same time, this kingdom, as the supreme governing and legislative power, has always bound the colonies by her laws, by her regulations, and restrictions in trade, in navigation, in manufactures, in every thing, except that of taking their money out of their pockets without their consent.

After this, Grenville rose to voice his objections, and then Pitt returned in reply.

The gentleman tells us, America is obstinate; America is almost in open rebellion. I rejoice that America has resisted. Three millions of people, so dead to all the feelings of liberty as voluntarily to submit to be slaves, would have been fit instruments to make slaves of the rest.

Pitt concluded:

Upon the whole, I will beg leave to tell the House what is my opinion. It is, that the Stamp Act be repealed absolutely, totally, and immediately. That the reason for the repeal be assigned—viz., because it was founded on an erroneous principle. At the same time, let the sovereign authority of this country over the colonies be asserted in as strong terms as can be devised, and be made to extend to every point of legislation whatsoever; that we may bind their trade, confine their manufactures, and exercise every power whatsoever, except that of taking money from their pockets without consent.

[Full text of speech and rebuttal: http://www.bartleby.com/268/3/23.html]

The distinction between binding their trade and taking money from their pockets without consent escaped many of the members in attendance.

If you understand the difference, it is more than I do, but I assure you it was very fine when I heard it.
— Lord George Germain, 1766

Whigs were always having to navigate the treacherous space where liberty and order met; it would ultimately undo them. But that was more than a century in the future.

Rockingham yoked a Declaratory Act, asserting the theoretical right of Parliament to tax the colonies, to repeal of the Stamp Act, recognizing the impracticality of doing so in this manner.

Chief Ministry

Being responsible, I will direct and will be responsible for nothing I do not direct.
— William Pitt, speech in Parliament, 1761

His time as chief minister was short: 1766-1768. He selected a cabinet of very capable men, but there were no precedents by which he could require them to work together or to all pull in the same direction. Pitt himself was too obstinate and too much of a loner to do the backstairs politicking that would have been necessary to bring the group together as a team. His term as chief minister is generally considered a failure.

In 1767, Charles Townshend, Chancellor of the Exchequer, introduced the Revenue Act of 1767, first of a series of bills remembered to history as the Townshend Acts.

Pitt himself, now Earl of Chatham, had gone into seclusion in 1768. Only in 1770 did he return to his seat in the House of Lords. He was still an intermittent participant. Without his leadership, his allies — Rockingham, Burke, the Earl of Shelburne — were in disarray the government’s back-and-forth measures in America spun out of control.

Weakened by illness, Pitt played an increasingly marginal role in British politics, until he finally collapsed on the floor of Parliament in 1778.

Nevertheless, he had a profound effect on our political traditions.

Written by srojak

March 4, 2017 at 1:23 pm