Everyone is entitled to his own opinion, but not to his own facts.
--Daniel Patrick Moynihan

March 1, 2018

The Faces of Children

By David K. Shipler

            You could not look away from the grim faces on the front page of The New York Times this morning. They were students in Parkland, Florida, who returned to classes two weeks after their school became the latest memorial in America’s litany of shootings.
            Their hollow gazes chilled me in a special way, because they wrenched me back to a picture I had taken 45 years ago of Cambodian children about two weeks after their village of Neak Luong had been mistakenly bombed by an American B-52. The huge bombs had marched through town leaving enormous craters like the footprints of some giant, smashing most of the hospital, obliterating fragile houses, killing and maiming parents of children and children of parents.
Unlike most kids I’d met elsewhere in Indochina, these youngsters of Neak Luong did not crowd curiously around an American to grin and laugh into his camera. They stood silent and unsmiling, their faces impassive from torment—just like those Florida kids—as if the reverberations of shellshock had not yet died away. And perhaps never would.
            The eyes of the tallest girl in my picture haunt me still. She is probably about 12 years old. She looks straight into the lens, but vacantly, without guile or passion. Her stare seems neither angry nor fearful but emotionally flat, like a veil across a wound.
            In the center of today’s picture, too, is a Florida girl whose downcast eyes, in shadow, should not ever be forgotten. She looks broken. Her head bends slightly forward; she might be carrying a red flower, just visible between two teenagers in front of her. She seems about to weep—for all of us.

February 16, 2018

Looking For a Political Bell Curve


By David K. Shipler


            Here is a simple illustration of what’s wrong with Congress. The graph below, plotted from an assessment of Senators’ voting records by The New York Times, shows the deep chasm in the moderate middle where bipartisan compromise and true governing can take place. Both Democrats and Republicans are clustered far outside that center, making negotiation on major issues difficult. We have just seen a result of this in the stalemate over immigration.


 
Chart by David K. Shipler. Data Source: New York Times


            Voters of various stripes will surely look at this and say, well, I’d like even more Democrats to shift to that liberal left, or I’d be pleased to see more Republicans at the far right of the graph. Fine. When we get to the ideal world, count me in the first group. I’d be glad to see a more liberal, or “progressive,” drift. But the country isn’t built that way, and it cannot be led effectively from either end of the spectrum, or with the current barbell-shaped political distribution. We need a traditional bell curve, where the line bulges in the center and tapers off at both extremes.
            Around that central axis there would still be sharp disagreements between Republicans and Democrats over the size and function of government, the regulation of business, the environment, immigration policy, budget priorities for the military versus social benefits, the makeup of the judiciary, and other matters. But more members of Congress clustered near the center would indicate less dogmatism and more flexibility; they might even be willing to listen seriously to the other side’s arguments.

February 11, 2018

Korean Kremlinology


By David K. Shipler

            The camera angle was perfect, and it was surely no accident. Caught in the same frame, diagonally in the row behind an unsmiling Vice President Mike Pence, sat Kim Yo-jong, the sister of North Korean leader Kim Jong-un, at the opening of the Olympics in South Korea. Neither, it seemed, dared to look at the other, exchange words, or shake hands.
            One interpretation is that Mr. Pence wants to stay alive politically, and that Ms. Kim wants to stay alive, period. Although she’s rumored to be a close and trusted adviser to her older brother, he has shown no compunction in terminating high-ranking individuals, including relatives, who present a threat to his power or deviate from the prescribed path. And Mr. Pence has thinly disguised presidential aspirations; the last thing he needs is a picture of himself shaking hands with the avowed enemy.
            It is a peculiar tradition in international relations that showing basic courtesy to your adversary is regarded as a concession, as if a hello or a handshake—not to mention actual conversation—were a grand reward to be conferred only in exchange for some prize from the other side. This kind of thinking has prevented the start of many negotiations where one party or the other demands that certain preconditions be met before talks can begin. Sometimes that works, but often it produces silence and misunderstanding.
            The “messages” sent by military actions or visual gestures are usually brittle and dogmatic, lacking the nuance essential to sophisticated approaches across the gulfs of hostility. Whenever the US suspended bombing North Vietnam during a discreet outreach toward launching peace talks, for example, Hanoi interpreted the cessation as pure propaganda aimed at making a warlike America appear conciliatory. When the outreach failed and bombing resumed, the North was convinced it had been right.
            Similarly, North Korea’s joint appearance with South Korean athletes in these Winter Games has been dismissed by the Trump administration as propaganda, aimed at driving a wedge between Seoul and Washington and undermining Washington’s campaign to isolate the North further for its threatening nuclear and missile program. It couldn’t also be that the North Korean leader, Mr. Kim, emboldened militarily, is looking not for domination but for security?
            Watching the VIP section at the Olympic ceremony was like gleaning policy by studying  the lineup of Soviet Politburo members atop the Lenin Mausoleum, and counting the missiles marching past in a parade through Red Square. (Soon, for President Trump’s entertainment, we’ll get to count American missiles rolling along Constitution Avenue.)
As the Korean teams marched together under the neutral flag symbolizing a unified Korean Peninsula, Mr. Pence and his wife remained seated, a technique he copied from the pro football players so vilified by President Trump. Too bad Mr. Pence didn’t take a knee.
            How will his defiant gesture be interpreted? As a rebuff to North Korea? As a rebuff to both Koreas? As a statement of opposition to reunification—or to peace on the peninsula? Take your choice. But you can bet that North Korea will see it differently from what the United States may have meant.
            As later histories often reveal, misunderstandings during acute tension can lead to absurd miscalculations that look comical in retrospect—or highly dangerous. Several episodes during the Vietnam War were revealed at a joint 1997 conference in Hanoi of former US and North Vietnamese officials.
            Comparing notes, they discovered what a pivotal mistake Washington had made in reading elaborate meaning into a coincidence more than three decades earlier. On Feb. 7, 1965, several months before US ground troops were deployed to South Vietnam, North Vietnamese forces attacked an American advisers’ compound and airfield at Pleiku, killing eight Americans and wounding numerous others. On that day, McGeorge Bundy, the national security adviser, happened to be in Saigon assessing the military situation for President Lyndon B. Johnson. And on the same day, the Soviet Premier, Aleksei Kosygin, was visiting Hanoi.
It was the first attack directly on Americans, and since it coincided with the Bundy and Kosygin visits, Washington read it as a calculated policy move by Hanoi. In retaliation, the US began bombing North Vietnam.
Americans at the conference asked why Hanoi had made the assault then. Across the table, Lieut Gen. Dang Vu Hiep, a former deputy of the North Vietnamese Army’s political department, then stationed near Pleiku, explained: “This was a spontaneous attack by the local commander,” he said, who had acted under general orders to do it when ready. The assault by 30 commandos had been planned long in advance; the timing was coincidental. “We did not know Bundy was in Saigon. We were just attacking,” said General Hiep. He told me during a recess that Kosygin “was not pleased” but apparently didn’t feel free to say so publicly.
This came as a revelation to Robert McNamara, defense secretary at the time, who had led the way in organizing the 1997 conference. Had he known about the accident of timing, he said, “I think we’d have put less weight on it and put less interpretation on it as indicative of North Vietnam’s aggressiveness.”
Mutual suspicion is a lens through which innocent mistakes can be distorted into assumptions of malice. As one effort to get negotiations going, for example, the American Ambassador to Poland, John Gronouski, was scheduled to meet with the North Vietnamese Ambassador on Dec. 6, 1966 to receive a reply to a proposal for talks. Gronouski waited in the office of the Polish Foreign Minister, Adam Rapacki, but the Vietnamese envoy did not show up. For 30 years this had been interpreted as a rebuff.
But at the conference, a retired Vietnamese diplomat, Nguyen Dinh Phuong, gave another version. He had been dispatched from Hanoi to Warsaw for the meeting, he said. He had arrived on Dec. 3 (a day that bombing was resumed) and waited with his ambassador at the North Vietnamese Embassy on Dec. 6. ''We waited the whole day,'' he said, ''but the US Ambassador did not show up. On the 7th, the US bombed more forcefully in downtown Hanoi. We concluded that the U.S. did not want to have negotiations.''
Today it would be wishful thinking to imagine that North Korea wants negotiations that might lead to a reduction or elimination of its nuclear arsenal, which is clearly regarded as a deterrent against an American attack. But at the brink of war, amid mutual vilification, the chance of miscalculation is high. If there were ever a moment for direct dialogue to reduce the probability of military accident, this would be it. At least South Korean President Moon Jae-in has been invited by Ms. Kim, at the behest of her brother, to visit Pyongyang, where even fruitless talks might ease tensions.
As for the US and North Korea, perhaps secret communications are ongoing, although no such indication could be seen in Mr. Pence’s frosty demeanor in the vicinity of Ms. Kim. Contacts wouldn’t be technically hard to arrange. North Korea has a delegation in New York at the UN, and both countries have embassies in third countries, where their ambassadors or other staff could converse—provided they didn’t get confused about where they were supposed to meet.

February 3, 2018

Spying on Americans

By David K. Shipler

            The truly serious problem behind the controversial memo released by the House Intelligence Oversight Committee is not so much political as it is constitutional. It is the flawed process of secret intelligence warrants that enable government authorities to do end runs around the Fourth Amendment. That broader issue underlies the question of how the FBI got a warrant to eavesdrop on Carter Page, one of President Trump’s campaign aides.
            Now that Republicans have suddenly discovered their keen interest in civil liberties (albeit for political reasons), they might well revisit their unyielding support of the loosened standards for obtaining warrants that they pushed through in a panic right after 9/11. With the acquiescence of Democrats, the Patriot Act—opposed by only one senator, Russ Feingold of Wisconsin—shot holes through the sensible restrictions on monitoring Americans’ communications.
            First, a bit of history. The Framers, reacting to the British use of writs of assistance to search whole towns for contraband in colonial times, wrote the Fourth Amendment to guard against government intrusion into a citizen’s zone of privacy. Although the word “privacy” does not appear in the Constitution, it is heavily implied and is woven into numerous court opinions.
            Significantly, the Bill of Rights assumes that the people possess rights inherently, not that they are given rights by the government. The Fourth Amendment declares: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
            The terms “unreasonable,” “probable cause,” and “particularly” are among the most commonly debated in criminal cases where searches produce evidence that defense attorneys seek to suppress. Did the police officer act reasonably? Did she have probable cause to believe that such evidence of a crime would be found at a specific time and place? Was the search narrowly tailored to focus only on that purported evidence? And so on.

January 29, 2018

The Shifting Threshold of Outrage

By David K. Shipler

            Fifty years ago this week, Americans who had believed their leaders’ optimistic lies were stunned by the Tet Offensive, North Vietnam’s lightning assault on scores of South Vietnamese towns and cities. An enemy squad even managed to enter the US Embassy compound in Saigon, giving Hanoi and its Vietcong surrogates a propaganda victory—but not the military victory they had sought. Their forces took heavy casualties as the Americans and South Vietnamese pounded them back.
            Furthermore, the expectations of the North Vietnamese commander, General Vo Nguyen Giap, were not fulfilled. As he later revealed, he had predicted that the South Vietnamese army would collapse, the civilian population would rise up in rebellion, and the United States would scale back sharply.
            Yet the American public was not struck by the collision between Hanoi’s goals and the results on the ground. Rather, what pushed much of the country to the threshold of disillusionment and outrage was the collision between American officials’ rosy assessments and the North’s capacity to mount countrywide attacks. Just weeks before the Tet Offensive, the US commander, General William Westmoreland, declared boldly, “We have reached an important point, when the end begins to come into view.” Then the disastrous reality came into view—the prospect of a grinding stalemate at best. It was a psychological turning point in the war.
            That threshold of outrage has risen in recent decades; it now takes a higher dose of deception and corruption to generate sufficient disgust to produce change. President Trump’s chronic lying—he uttered some 2,000 blatant falsehoods and misleading claims during his first year in office—cost him nothing during his campaign. Nor did his boast on tape about grabbing women “by the pussy.” His obvious racism—commending some “fine people” who marched with white supremacists in Charlottesville, and preferring immigration from Norway instead of “shithole” countries in Africa—has not crushed his support among Republicans in Congress or his core of voters.

January 12, 2018

Trump's Consistent Bigotry


By David K. Shipler

President Trump might be erratic and unpredictable in many areas of public concern, as when he tweeted his disapproval this week—and then, 90 minutes later, his approval—of renewing the government’s authority to collect Americans’ international communications without warrants. His multiple positions on extending permission for Dreamers to stay in the US have been dizzying, and his oscillation between assailing and extolling China seems to depend on how recently the Chinese leadership has feted and flattered him.
But his contempt for people who are not whites of European origin has been as steady as his obsequious adulation of Vladimir Putin and his rampant deregulation of American industry. These seem to be unshakable pillars of attitude and policy, standing solidly against the swirling, impulsive chaos of his White House. Trump has been a dependable bigot, painting entire racial and ethnic groups with the broad brush of prejudice.
Nobody should be surprised. He has a long history. In 1972, federal investigators sent “testers” into a Brooklyn housing development managed by Trump’s company. After a black woman was told that there were no vacancies, a white woman was given a choice of two apartments. Extensive further evidence led to one of the largest civil-rights lawsuits in history.

December 19, 2017

The Business Myth

By David K. Shipler

            Somewhere between the reverence for private business and the excoriation of capitalism there must be a middle ground where the virtues of free enterprise are recognized and its menaces are contained. Finding that territory of moderation seems especially difficult today, as President Trump and the Republican-led Congress move to unchain corporations from the taxes and the regulations that protect social justice, consumer interests, worker safety, and the environment. Meanwhile, the incipient revolution against corporate villainy, now led by Senators Bernie Sanders and Elizabeth Warren, remains alive but marginal.
            So Washington, for the moment at least, has a government of, by, and for the corporate elite, which was hardly enthusiastic about the Trump candidacy. That is the irony of Trump: a rich entrepreneur stirring up resentment toward powerful business, a splashy spendthrift touting himself as the voice of the “forgotten” struggling blue-collar class, which still approves of him after a year of getting nothing except slogans and wishful thinking.
            The wishful thinking relies on an old myth about business, which has two main parts. First, the notion that reduced corporate taxes will liberate cash to flow to workers, in the form of higher salaries and employment rates, has been a matter of debate for decades between conservatives and liberals. Despite the paucity of evidence from the past, conservatives insist that liberating private companies will boost the overall economy by enhancing capital investment. Liberal economists, by contrast, tend to see the gains going to the wealthy stockholders. Companies are expected to increase dividends and buy back shares, which will raise stock prices.

December 13, 2017

Apathy, Alienation, and Low Voter Turnout

By David K. Shipler

            Not to throw too wet a blanket on Democrats’ euphoria in winning a Senate seat in deeply conservative Alabama, but let’s take a moment to reflect on the sad fact that the worthy candidate, Doug Jones, was elected by merely 20.2 percent of the state’s eligible voters—671,151 out of the 3.3 million who could have cast ballots. His unworthy opponent, the accused pedophile, confirmed bigot, and serial violator of the rule of law, Judge Roy Moore, got 19.5 percent of the electorate.
And the turnout was much higher than expected in a special election, a whopping 40.4 percent, versus the 25 percent that Alabama’s secretary of state had predicted. Wow. In this hotly contested race, which mixed morality with theology and ideology, which put control of the Senate in closer balance, and which exposed the tribal politics that afflicts so many Americans, only 6 out of 10 voters stayed home and let others decide. What an achievement for democracy.
The truth is, it is a democracy that we are in danger of losing unless much higher proportions of citizens participate, at the very least by going to the polls. Otherwise, the middle ground is abandoned to the zealous extremists, some of whom will vote away the civil discourse, the tolerance of political and social plurality, and even the legal rights that protect us all.
This is an urgent truth in presidential elections, just as in state and local contests. With the turnout at 59.3 percent in 2016, only 136.7 million cast ballots, out of 230.6 million eligible voters, whether registered or not. So the percentage needed for victory was very low. It took only 27.3 percent of the country’s eligible citizens over age 18 to put Donald Trump in the White House. (Hillary Clinton got 28.6 percent but of course lost the Electoral College.)
Rule by small minorities has been typical, as a look back two decades demonstrates:
1996 – Bill Clinton was elected by 26.3% of all eligible citizens.
2000 – George W. Bush, by 27.3%
2004 – Bush again, by 31.5%
2008 – Barack Obama, by 33.7%
2012 – Obama again, by 30.6%

December 7, 2017

Jerusalem, Jerusalem

By David K. Shipler

If I forget thee, O Jerusalem, let my right hand forget her cunning.
Psalm 137:5

            The city of Jerusalem, whose sandstone facades glow ethereally in the slanting light of dawns and dusks, stands on a spine of hills along the lands of milk and of honey. To the east, the land plunging down into the Judean Desert has been traditionally hospitable to milk-producing goat herds. To the west, the fertile coastal plain along the Mediterranean has been sweet with orchards.
            That is the basic biblical geography. At this intersection of semi-nomadic peoples and settled farmers, Jerusalem has been enriched and burdened by ancient affinities and faiths. Its map today is enhanced and scarred by the overlays of history, religion, and nationalism, a treacherous landscape into which President Trump has now stumbled clumsily.
What forces he has unwittingly set loose we do not yet know; predictions in that part of the world are for prophets or fools. But his decision to recognize Jerusalem as the capital of the Jewish State alone, without also recognizing the Palestinians’ yearning for Jerusalem as the capital of their aspirational state, surely diminishes America’s maneuverability.
It’s hard to see what the United States gains from Trump’s move. For the limited profit of catering to his big donors and his narrow base, Trump has tossed away the American coin of neutrality—as tarnished as it was by years of tilting toward Israel’s interests. Not many Palestinians thought of Washington as truly unbiased, since no previous administration did more than use strong words against Israel’s confiscation of territories for Jewish settlement in the mostly Palestinian West Bank and the eastern districts of Jerusalem. No penalty was exacted: no withholding of aid, no reduction of military support. And now Trump has asked nothing from Israel in exchange for his endorsement.

November 21, 2017

The Moral Vacuum in Tribal Politics

By David K. Shipler

            To anyone naïve enough to think that sexual decency should be high on a list of virtues, Donald Trump’s news conference just before last year’s second presidential debate was a puzzling scene. Days after the disclosure of the “Access Hollywood” tape that had caught Trump bragging about his predatory exploits, four women who had been victims of sexual assault gave him their support. “When you’re a star, they let you do it,” Trump had said on the tape. “You can do anything. Grab them by the pussy. Do anything.” Nevertheless, the four women sat with him behind a table, endorsed him, and assailed the Clintons.
            Juanita Broaddrick claimed to have been raped by Bill Clinton. Paula Jones and Kathleen Willey said he had groped them. Kathy Shelton’s grievance was aimed instead at Hillary Clinton, who had been assigned by the court as defense attorney for a man who had raped Shelton when she was 12. Her resentment was misplaced, since Clinton was plainly fulfilling the Sixth Amendment’s guarantee of a defendant’s right to counsel.
 Shelton and the others might have been expected to see sexual crimes as transcendent, well above politics. That they clearly did not—that they backed Trump in the face of detailed accusations against him by a dozen women who were brave enough to give their names—was as much a commentary on the state of social morality as Democrats’ impulse had been to wish away the allegations against Bill Clinton.
Rumors and stories about Clinton were in the air before his first election to the presidency, but they lacked the specificity that would have confronted liberals with a hard choice. Although Paula Jones sued Clinton in 1994, two years before his reelection, her accusations didn’t sway many voters. And his sexual liaisons with intern Monica Lewinsky in the Oval Office didn’t become public until after the election. Even then, his supporters generally opposed his impeachment by the Republican-led House and were relieved when the Senate failed to convict him.
“Sexual misconduct,” it seems, is outrageous only when committed by a member of your opposing political tribe. When it’s your own guy, the accusations are fabricated, concocted by conspiracy, discredited by the character of the accuser, undermined by the delay in reporting, or just ambiguous enough to be dismissed as a misunderstanding.

November 4, 2017

The Military Myth

By David K. Shipler

            At a rest stop in Vermont recently, I fell into conversation with two men staffing a table set up by a veterans’ organization. One, about my age, had been an officer on a destroyer off the coast of Vietnam during the war. So we compared notes. I’d been an officer on a destroyer at the same time, but in much safer places, half a world away in the Atlantic and Mediterranean.
            “Thank you for your service,” he said. No need for thanks, I replied. I had cruised to exotic ports, loved being at sea, and benefitted from responsibility placed on me at a young age. “But you put yourself in harm’s way,” said the other guy, who’d been in the army. I shook my head. I was never in harm’s way, I told them. I was in more harm’s way as a journalist later, in a couple of war zones, Vietnam included. And I served my country much more significantly reporting important news than sailing on a ship through peaceful waters.
            But American society has adopted a narrow view of service. At least superficially, in the pageantry that accompanies sporting events and various public expressions of patriotism, the men and women in uniform are celebrated. Rightly so, in many cases. But what about the civilians—providers of humanitarian aid, human rights observers, news correspondents who have also risked, and lost, their lives in Afghanistan, Iraq, Syria, and elsewhere in the mission of assisting victims and informing Americans?
            During the recently broadcast series on the Vietnam War by Ken Burns and Lynn Novick, citizens who had sacrificed a good deal to oppose the war emailed among themselves, and sometimes spoke and wrote publicly, in wounded complaint that their contributions to the country had been virtually ignored or, worse, given a negative cast by the filmmakers.

October 15, 2017

The Demolition Expert

By David K. Shipler

            You’ve got to hand it to Donald Trump. He’s gone from construction to destruction while scarcely missing a beat. After a real estate career doing deals to build hotels and resorts, he has not constructed a thing to advance the country since becoming president—not a coherent policy, not a beneficial program, not an international agreement, not even the ill-conceived wall that he promised falsely would be paid for by Mexico.
Instead, he relishes firing people and publicly undermines those who still work for him. He bulldozes the structures of government that protect Americans from dirty air, poisonous water, unsafe workplaces, corporate exploitation, inferior health coverage, and racial discrimination. He halts reform efforts in the criminal justice system. He introduces new toxicity into the country’s divides along political, ethnic, class, and racial lines. Years of progress are being rapidly reversed.
 He has driven wedges into our international alliances, made adversaries of friends, and set out to tear apart painstakingly negotiated agreements that promote trade and curb disastrous global warming. He has threatened to obliterate North Korea over its nuclear weapons, yet he simultaneously strives to torpedo the agreement that has suspended Iran’s rush toward such weapons. In the unlikely event that North Korea ever considers a deal with the US relinquishing its nuclear programs, it would have to doubt America’s trustworthiness, as Pyongyang’s Foreign Ministry has said.
For Trump has shown the United States government to be unreliable in its promises abroad and to its own people. It has been erratic and unpredictable in a manner that erodes the rule of law, which requires legal stability and consistency.
Trump’s wrecking ball, which he wields with a self-satisfied smirk whenever he signs an executive order, makes it impossible for health insurers, patients, doctors, and hospitals to navigate with assurance through the complex finances of medical care. Business ventures that trade internationally, American farmers who export to Canada and Mexico, health services that treat women overseas, immigrants who seek an American life, foreign leaders who have depended on the American umbrella of protection and leadership, and myriad others can no longer count on the United States government.
This is deeply unsettling. The disruption reaches far beyond Trump’s intemperate tweets, his vulgar personal clashes, and his incessant lies. Mostly in the name of undoing everything with former President Barack Obama’s name attached, Trump seems indifferent to the harm caused to vulnerable people, from women in Madagascar who can no longer get contraceptives through a non-governmental organization dependent on US funds, to American voters of his who will now find their health premiums skyrocketing because he is merrily cutting off government subsidies. They will surely distrust government even more than they did before, when their alienation led to Trump’s victory.
Fortunately, he does not head a dictatorship, for he would be a cruel and vindictive autocrat if he had his way. He would not only urge that NBC stations’ broadcast licenses be revoked for news stories he dislikes; he would revoke them. He would not only call for an end to tax breaks for the NFL in retaliation for players’ kneeling during the national anthem; he would end them. He would not only denounce the critical media for “fake news” when it told unwelcome truths; he would close them down.

August 30, 2017

The Freedom to Hate

By David K. Shipler

            Perhaps alone among established democracies, the United States enshrines in constitutional law the right to preach bigotry. Canada’s Human Rights Commission can levy hefty fines for speech “likely to expose a person or persons to hatred or contempt.” Australia’s Racial Hatred Act punishes expression and action likely “to offend, insult, humiliate, or intimidate” based on a person’s or group’s race, national, or ethnic origin. 
            Germany in 1985 became the first country to ban Holocaust denial. Further, anyone who “incites hatred against segments of the population . . . or assaults the human dignity of others by insulting, maliciously maligning, or defaming segments of the population” is subject to five years in prison.
            Nazi symbols, anti-Semitic speech, and Holocaust denial are prohibited in at least 14 other European countries, plus Israel. The Czech Republic also bans the denial of communist crimes.
The constitution of post-apartheid South Africa, while guaranteeing freedom of expression, excludes from that protection “advocacy of hatred that is based on race, ethnicity, gender, or religion, and that constitutes incitement to cause harm.” The late Arthur Chaskalson, an author of the constitution and then South Africa’s chief justice, once explained patiently to me that his country’s oppressive racial history required constraints on inflammatory speech.
            Would this be a good idea for the United States? We certainly have a corrosive legacy of racism, now hailed by white supremacists who get a wink and a nod from President Trump. But other countries that have suppressed expressions of bigotry have not eliminated bigotry, which has just been driven underground to fester in darkness without vigorous rebuttal.

August 13, 2017

Bombs and Bombast

By David K. Shipler

            President Trump’s threats that the military is “locked and loaded” to unleash “fire and fury” on North Korea are likely to be turned around by history as phrases of self-mockery. They will—hopefully—be on the same list of absurdities as “Mission Accomplished,” that huge banner hung on the aircraft carrier Abraham Lincoln as President George W. Bush spoke of victory in Iraq prematurely, in 2003. Or, remember President Lyndon B. Johnson’s swashbuckling call to US troops in Vietnam to “nail the coonskin to the wall?” As Michael Beschloss notes, it came long after LBJ himself, in 1965, had expressed serious doubts in private that the war was winnable.
            Trump’s hawkish generals—his chief of staff, national security advisor, and defense secretary—seem to know what he does not: that war with North Korea is also unwinnable, because even using conventional weapons alone, Pyongyang could kill hundreds of thousands of South Koreans in Seoul and elsewhere within range of the North’s well-bunkered artillery. As American military analysts have noted, the North could send troops pouring across the demilitarized zone, and China would be tempted to enter the fighting. A nuclear exchange would be the Armageddon of the atomic age.
            Trump loves making grandiose (empty) promises and flat statements of tough-guy rhetoric. It’s been suggested that he’s still in real-estate mogul mode, figuring that starting a negotiation with a rash demand gets you a favorable compromise in the end. The trouble is, he sounds more like an unhinged Mafia chieftain than a sober United States president. In threatening North Korea’s annihilation, he reinforces the anti-American propaganda that has propelled Pyongyang’s painstaking acquisition of its nuclear capability.
As Jean Lee, a former Associated Press correspondent in Pyongyang writes in TheNew York Times, the North has schooled children to hate America and fear its aggression. So Trump’s rhetoric now plays into the hands of Kim Jong-un, who needs fear of attack and invasion to weld his people into a compliant mass beneath his dictatorship. Perhaps Trump also needs an outside enemy (in addition to ISIS) to shore up his waning support among Americans and distract from the special counsel’s accelerating investigation of the Russia affair.

July 13, 2017

Russia and the US: The End of Evangelism

By David K. Shipler

            Most Americans during the Cold War would probably have been stunned to learn that the Soviet Union, also known by Ronald Reagan as the Evil Empire, saw itself as a highly moral enterprise. It regarded its economic and political systems—centrally-planned socialism and the order brought by one-party rule—as the most beneficial for other countries, and it sought global influence not only to enhance its national security but also to spread its ideas of social justice.
            It goes without saying that the Soviet system of dictatorship and state-owned production was unjust in the extreme, especially for the little guy. But the Russians’ sense of righteousness was as fervent as the Americans’ reverence for free enterprise and pluralistic democracy. So, pursuing their mirror images of what was best for the world, both Moscow and Washington propagated their beliefs abroad with missionary zeal.
            The evangelical streak in Russian foreign policy ended with the collapse of the Soviet Union in 1991 and the death of Marxism as a state ideology. True communism, never achieved, withered as a goal at home and abroad. Today, Vladimir Putin’s Russia seems driven only by a non-ideological impulse to protect its borderlands militarily, promote itself economically, and expand its international reach to recover its reputation from the humiliation of decline.
            The United States has also become less ideological in foreign policy, it seems, since President Trump took office. Defense of human rights and the spread of democracy—and even the promotion of capitalism abroad—have taken a back seat to an inchoate campaign of counter-terrorism. To that end, Trump finds no fault with his chums in the authoritarian regimes of Saudi Arabia and Turkey, for example, but cites human rights violations in rolling back relations with Cuba.

June 7, 2017

The Unpredictable Wages of War

By David K. Shipler

            On the seventh day, after its dizzying six-day victory 50 years ago this week, Israel turned a corner from a sense of extreme vulnerability to a period of triumphalism. The armies and air forces of the surrounding Arab countries lay in shambles, the Goliath slain by the tiny Jewish state. Moreover, with Israel’s territory greatly expanded into ancient biblical lands, a hybrid of religion and nationalism found fertile ground. The movement then grew, even more than its adherents had expected, until it gained lasting power to shape the map for the next half century or more. 
            And that has saddled Israel with a moral and political burden. The euphoric victory in the Six-Day War brought a heady sense of Jewish self-reliance after a long history of persecution. But by holding onto the West Bank of the Jordan River, where Palestinian Arab residents have minimal say in how they are governed, Israel has undermined its democratic values and exposed itself to international condemnation.
To withdraw, however, would incur security risks and meet resistance from the religio-nationalist movement, which has gradually moved from the political margins into the cabinet. The movement calls the West Bank by its biblical names Judaea and Samaria, and regards it as the Jewish birthright, which Genesis says God gave to Abraham and his seed. The territory has been widely settled by religious Jews (along with secular Jews drawn there by housing subsidies). Many would have to be uprooted if a Palestinian state were to be created there under a peace agreement.
The outcome of a war, which seems obvious at the moment, can look simplistic in hindsight. Nothing of this conundrum was foreseen in June of 1967. Nor in 1973, when Israel nearly lost the Yom Kippur War, was it apparent that Anwar Sadat of Egypt may have felt that his near victory had burnished his warmaking credentials enough to then offer peace; he made a dramatic visit to Jerusalem in 1977 and followed with an Egyptian-Israeli treaty. Similarly, Israel’s 1982 invasion of Lebanon, which succeeded in driving the Palestine Liberation Organization out of the country, exposed Israeli soldiers to close-in attacks that eroded Israel’s image in the Arab world as a formidable juggernaut.

June 2, 2017

Trump's Embrace of Victimhood

By David K. Shipler

            One of the most significant passages in President Trump’s speech withdrawing from the Paris climate accord was this: “At what point does America get demeaned? At what point do they start laughing at us as a country? We don’t want other leaders and other countries laughing at us anymore.”
            Laughing? If he actually believes that, then the lines provide a quick insight into one origin of his confrontational impulses. Being laughed at is to be humiliated, and a readiness to think that it is happening when it is not is a hallmark of an inferiority complex and an imagined sense of victimhood.
We have heard this before, as in Trump’s graduation speech at the Coast Guard Academy: “Look at the way I’ve been treated lately—especially by the media.  No politician in history—and I say this with great surety—has been treated worse or more unfairly.” Suffice it to say that Trump’s grasp of history is a touch shaky.
Victimhood is a major theme of the Trump Doctrine, and it’s what won him a good share of voters last November—working-class Americans who were, in fact, victims of an economy that had left them behind. In Trump’s rhetoric, however, the country as a whole shares their victimhood, as a victim of raping immigrants, rampaging terrorists, job-stealing trade deals, and the like. Now, to top it off, the world has been laughing at us.

May 24, 2017

The Ahistorical Donald Trump

By David K. Shipler

            There is an intriguing quality about President Trump, one that makes him a laughing stock at one moment, a loose cannon the next, and a breath of fresh air to many of his supporters. He is completely untethered to history—to the history of his own country, to the histories of other countries he deals with, to the history of carefully constructed US policy, and even to the history of his own pronouncements.
            He has no compunction about contradicting himself, as he has in recent days about Islam, and he seems content to address a problem as if it were a blank slate without a long background of messy complications. Unburdened by the expertise of scholarship or diplomacy—which he obviously didn’t tap for his Mideast trip—his statements to Sunni Arab leaders in Riyadh and to Israeli and Palestinian leaders in Tel Aviv and Bethlehem sound simplistic, devoid of all the hand-wringing doubts that specialists in the region would include.
That might be a good thing if it meant cutting past the burdensome histories that weigh down the region. You might call that creative naïveté. But it’s hard to see much prospect in Trump’s bumper-sticker approaches. Both sides want peace, let’s do a deal. All sides want to defeat terrorism, let’s blame Iran and ready our billions in American arms. Let’s give Arab despots the green light to suppress their domestic oppositions in the name of fighting terrorism. Let’s conveniently forget that the Saudi hosts developed Wahhabism from which al-Qaeda’s ideology flourished. Let’s not analyze the endemic, local wellsprings of radicalism but rather—as the writer Robin Wright has noted in criticism—portray it as some alien invasion that can be expelled “out of this earth,” as Trump urged the Muslim leaders gathered in Riyadh.

May 11, 2017

Politicizing the FBI

By  David K. Shipler

            The FBI has never been entirely insulated from politics, especially during the long tenure of J. Edgar Hoover, who in his 48 years as director (1924-72) compiled compromising dossiers on government officials and private Americans that gave him enormous leverage. His agency tried to provoke Martin Luther King Jr. to suicide by threatening to publicize the civil rights leader’s womanizing. It sent phony letters to wives of Black Panthers, purporting to be from their mistresses. It conducted surveillance of labor leaders, members of Congress, and at least one Supreme Court justice, funneling information to presidents from Eisenhower to Kennedy to Johnson. (During the 1964 presidential campaign, LBJ had the FBI report on the staff of his opponent, Barry Goldwater.)
            The road back to those days would be long and difficult, even with a President Trump who lacks ethical and constitutional brakes. But it’s possible, and Trump’s next moves will be telling. The first question is whom he’ll nominate to replace James Comey, fired just days after Comey requested more assets for the FBI’s investigation of Russian involvement in Trump’s campaign. The second question is whether enough Senate Republicans will demand that the new director be unassailably independent.
Because, make no mistake: Trump wants to swing his weight around as decisively as possible, and no more dramatically than in security and law enforcement. This is not only about covering up a Russia connection; it is to set the stage for draconian measures against Muslims after the next domestic terrorist attack, to emasculate investigations into police brutality, and to turn the power of the FBI against political dissent. Comey would probably have stood in the way. As bumbling as he was in his public disclosures about the Clinton emails, he was also known as a defender of the rule of law.
The FBI has a sordid history of hunting for phantom communists, keeping loyalty files on hundreds of thousands of Americans, wiretapping without warrants, and infiltrating and disrupting antiwar and civil rights groups—especially under what the bureau called COINTELPRO during the Cold War. Only in the 1970s, after the Church committee exposed the broad swath of wrongdoing, were protections imposed. These included restricting the FBI director to a 10-year term to preclude another Hoover phenomenon. But the position has no job security, obviously, since the president may fire at will.

April 30, 2017

Foreign Policy: The Magnetism of the Center

By David K. Shipler

            The forces of international affairs usually drive US presidents toward the political center. Wherever they may begin, on the left or the right, presidents tend to feel pulled toward a middle ground, a place of more moderation and hesitation than they might prefer. Confronted by the complexity of crisis and the pragmatic limitations of power, most—not all—end up pursuing centrist policies. These bear marked resemblance to those of their predecessors and successors.
            A question now is whether this happens to President Trump. He has staffed his key foreign affairs positions with relatively level heads whose pronouncements are more sober than his own. They often contradict Trump’s dogmatic, threatening tweets and the absolutist, sweeping pledges from his campaign. Trump himself careens from the absurd, scary, and impractical to a more reasonable zone of compromise. Where he will end up on a given issue is highly unpredictable and therefore unsettling across the globe. But his inconsistency also raises intermittent hopes that realities are penetrating policymaking.
            A president has more authority in foreign policy than in domestic affairs, since he commands both military force and diplomacy, and can move more quickly than Congress ever does in picking over budget provisions on the tax code, health care, environmental issues, the social safety net, and other government programs to benefit Americans. In that domestic arena, the center has no apparent magnetism for Trump. Despite the difficulties he faces with the Republican-controlled Congress on health care, for example, he is getting win after win for corporations over individuals, and might do so on his tax proposals. Whatever happens in Congress, his regulatory agencies are in the hands of extreme radicals of the right, whom he has installed to dismantle decades of progress.
 So if Trump begins to look moderate, and beguiles the American public to see him as such, it will be in the international arena, not the domestic.

April 20, 2017

An Encounter with Bill O’Reilly’s Method

By David K. Shipler

            In 2004, with the publication of my book The Working Poor: Invisible in America, I was contacted by producers for the O’Reilly Factor about coming on the show to discuss poverty. First, though, the producers wanted to track down a man who’d made only a cameo appearance in my book, Kevin Fields. He had been buffeted by both his own mistakes and a society that lined up against him as he made assiduous efforts to pull himself into full employment and self-sufficiency. O’Reilly’s producers wanted to get him on the show with me.
            To no good purpose, I was sure. O’Reilly didn’t admire the poor; he stereotyped them. He would make mincemeat of Kevin. So while I tried to locate him, I thought I’d probably warn him what might be coming and perhaps advise him against appearing. But I couldn’t find him. I’d met him through his girlfriend, who had moved and disappeared from public records. There was no listing for him.
This I reported to the producers, but O’Reilly wouldn’t let them give up. So they contacted the penitentiary where Fields had spent two years for assault (with a baseball bat, he had told me, against five guys threatening him and his girlfriend) and got an address. The producers cleverly refrained from telling me that they’d found him, that they’d then interviewed him by phone, and that—while he wouldn’t be on the show—O'Reilly would present distorted facts about him to fit Fields into the conservative image of the immoral, undeserving poor.
I’d mentioned in the book that Fields, trained in prison as a butcher, hadn’t been able to get a job as one and had done mostly landscaping. But O’Reilly was determined to portray him as a lazy, self-indulgent, sex-crazed slacker.

April 9, 2017

Putin's Wrong Bet

By David K. Shipler

            If Vladimir Putin actually preferred Donald Trump over Hillary Clinton in the 2016 election, he just drew his first bad hand. As (not so) humbly predicted in this journal during the campaign, Clinton would have been a methodical, predictable commander-in-chief who would have acted in Syria and elsewhere within a strong diplomatic and military context, not impulsively based on horrendous photographs of gassed children. That was good enough reason to stir Trump’s latent humanitarian impulses, but a single missile strike without solid preparation and well considered follow-up is unlikely to send what press secretary Sean Spicer called “a very strong signal.” Messages sent with missiles and bombs are rarely received as intended.
Clinton would surely have done what Trump didn’t bother to do: She would have been on the phone with Putin after Syria’s chemical weapons strike. She would have talked with Putin before retaliating. She would have surrounded herself with seasoned foreign-policy professionals who would have been working closely with Moscow, even in tough and hard-headed fashion, to fashion a joint approach to ending the Syrian carnage. She would not have led Putin to fantasize that he had a president in Washington that he could twist around his little finger.
This is a speculative scenario, to be sure. But as both Secretary of State and presidential candidate, Clinton displayed a clear-eyed realpolitik—willing to face down Putin but work with him on the countries’ overlapping interests, especially on counter-terrorism. While more hawkish than President Obama, she showed no inclination to go off on half-cocked military adventures isolated from any coherent strategy.

March 29, 2017

The Papier-Mache President

By David K. Shipler

            Now we know, if we had any doubts, what lies behind Donald Trump’s expansive promises and self-promotion as a tough dealmaker: nothing. The health-care debacle makes it clear that when it comes to driving a hard bargain, Trump is a chump, to use a word that has become fashionable in the mainstream press. He can’t even twist arms in his own party.
His assault on measures to stem climate change, and his withdrawal from the trans-Pacific trade agreement, benefit only China, which is moving to fill the vacuum left by the American departure. Thomas L. Friedman calls this policy, Make China Great Again. And Trump’s shameless use of coal miners as props this week for his empty promises to bring back jobs in a declining industry made him look either cynical or ignorant.
The miners were evidently advised to wear casual short-sleeved shirts, not the customary suits and ties, to the ceremony where Trump signed an executive order to begin a long, legally contentious process of replacing the Obama administration’s restrictions on coal-burning power plants. The class-conscious picture—men in suits vs. men carefully dressed down—said as much about the Trump White House as last week’s photo of all white men discussing their bill stripping women’s health services from insurance requirements.
 These images are icons of contempt. Moreover, they add up to a president who is just a life-size cardboard cutout that you can stand next to and have your picture taken. Behind the façade, there is no there there.

March 23, 2017

Judge Gorsuch's "Magical Notion"

By David K. Shipler

            Late in the third day of Senate Judiciary Committee hearings on the nomination of Neil Gorsuch to the Supreme Court, Sen. Mazie Hirono of Hawaii summed up the judge’s picture of American jurisprudence with three words: “a magical notion.” She called his portrait of neutral, apolitical judges interpreting the law fairly and without personal bias a Norman Rockwell painting of the courts, as if he himself weren’t being promoted by the dark money of hidden billionaires, as emphasized by Sen. Sheldon Whitehouse in a tough interrogation.
            Through incisive questioning by Democratic senators (Republicans lobbed only softballs), Gorsuch stuck resolutely to his line that there were no “Republican judges or Democrat judges.” In this phrasing he repeatedly allowed his mask to slip, since the use of the noun “Democrat” as an adjective instead of “Democratic” is embedded in the lexicon of the right, designed to deny that opposition party the mantle of representing masses of citizens. He also took several opportunities to mention that judges appointed by “Democrat” presidents had joined him in opinions. In other words, the courts transcend politics.
            It would be a grand gift to the republic if it were always so. It often is, especially on lower courts, such as the Tenth Circuit Court of Appeals where Gorsuch has served for a decade, and which are bound by precedent. He and the two other judges on his panel relied on a particularly cruel precedent when they denied an autistic child payment for private residential educational services that the local school district could not provide. The earlier case in his circuit found that under the law, such schooling “must merely be ‘more than de minimus,’” Gorsuch wrote, adding the word “merely.”

March 17, 2017

The Gradual Death of Honest Curiosity

By David K. Shipler

            The United States these days seems overrun by the indignantly incurious. They already know everything. They take no pleasure in ambiguity. They bask in certitude, entertain no doubts, and miss the beauty of seeing their preconceptions contradicted by complexity. They populate the political left and the political right, the halls of government, the studios of propaganda outlets masquerading as “news,” and even college campuses. Most seriously, they refuse to listen to those who disagree and even try to silence them.
            Dogmatic absolutists have always found places in American society: Jim Crow segregationists, black-power separatists, white supremacists, true communists, red-baiting conservatives, and ideologues of all stripes who never let facts get in the way of a good screed.
But they have never gained as much national power as today. This feels like something different. Where is the ballast that has righted the country in the past? Has a tipping point been reached?
The problem is not just the “fake news” that permeates the internet. It is the people who believe it. The problem is not just the lying by Donald Trump and his minions--their fabrications about imaginary surveillance, voter fraud, terrorist attacks, and the like. It is the citizens who feed Trump’s frenzy by roaring approval without bothering to reach for truth by checking the facts, which they could do online from home by evaluating sources. It’s not such a daunting task.
Americans are split between those who do just that and those who don’t, between those who are open and those who are closed to the cross-currents of reality. This is a serious fault line running through the United States, this divide between curiosity and complacency, between those willing to accept challenges to their opinions and those who sift out whatever they don’t want to believe.

March 6, 2017

What Should Democrats Do?

By David K. Shipler

            The distraught Democratic Party is at odds with itself about how to counter the unconventional presidency of Donald Trump. On the revolutionary side are the Bernie Sanders supporters and others who want to trash the party’s own establishment, play Tea Party politics, and obstruct everything proposed by the White House and Congressional Republicans. On the pragmatic side are the political pros who want to get elected in states that went for Trump. Both sides recognize the need to win seats in local races and state legislatures, plus the all-important governorships ahead of the 2020 census that will determine redistricting.
            Among the key decisions that must be made is how—or even whether—to approach the white working-class citizenry that voted for Trump. Some argue that the nationwide demographic wave favors Democrats as minorities ride to majority status in the country at large. Identity politics will eventually work as the percentage of whites diminishes, so goes the reasoning, because Republicans have turned their backs on minority interests while Democrats have embraced them.
            But the assumption has flaws. First, minority voters come in many different political flavors and can’t be counted on to vote overwhelmingly for liberal Democratic ideas, even if they’re most helped by them. Socially conservative currents run through certain nonwhite subcultures: the anti-abortion views promoted by some black churches, for example, and an anti-regulatory position among small-business owners. It’s possible that an aversion to female leaders was partly responsible for Hillary Clinton’s poor showing in Florida’s largely Hispanic counties. Exit polls showed that Trump won 28 percent of the Hispanic vote nationwide, to Clinton’s 66 percent, compared with Obama’s 71 percent in 2012.

February 26, 2017

Speak Loudly and Carry a Small Stick

By David K. Shipler

            When will we stop listening to Donald Trump? Yes, he’s president with a lot of power to make people’s lives miserable, but his tweets? Please. His latest, at this writing, is an attack on an ad (“a bad one”) for the “failing @nytimes” scheduled to air during the Oscars ceremony. The Times ad declares: “The truth is hard. The truth is hard to find. The truth is hard to know. The truth is more important now than ever.” How fitting that Trump should make his debut in the art of reviewing TV commercials by panning one that extols the virtue of truth.
It might be imperative in a democracy to remain shocked, to sound the alarm again and again. But at what point does the public become numb to presidential absurdity? How literally do we take his historical allusion, for example, calling the “fake news” media the “enemy of the people.” Did Trump know that he was borrowing a line from Lenin and Stalin that was used as a condemnation deserving of death or imprisonment? The phrase is so heavily weighted that it was avoided in the Soviet Union after Stalin’s death in 1953.
            The Times ad selling truth follows the exclusion of the paper’s reporters, plus those from CNN, the Los Angeles Times, and several other news organizations, from an informal briefing by White House Press Secretary Sean Spicer, whose contempt for the press seems to have begun in college when the student newspaper called him Sean Sphincter. Editors then insisted it was just a mistake, a typo. Yeah, sure. Spicer doesn’t seem to have healed.

February 16, 2017

Lies Beget Lying

By David K. Shipler

            If you lie to your children, they will learn to lie to you. If you lie to your spouse, you will create a family culture of falsehood in which he or she will, unless strongly honest, lie to you as well. If you lie to your employees, don’t expect them to pass uncomfortable truths up the chain of command. And if, as president, you lie to the country and perhaps to your staff, many of them will breathe the miasma of fabrication that emanates from the top, and will surely assume that lying is an acceptable way of life in the White House.
            So President Trump’s dismissal of Michael Flynn for lying is like a projection of Trump’s own personality flaw onto his subordinate. It is worth noting that this happened only when the Flynn offense became public, courtesy of the “dishonest” Washington Post, which Trump told reporters aboard Air Force One that he hadn’t seen—a lie in itself, given that he’d been told two weeks earlier by the Justice Department about the contents of wiretapped conversations between Flynn and the Russian ambassador.
Does anyone think that the then president-elect did not authorize those conversations, that Flynn just flew solo without consulting with Trump? Is it possible that Trump ordered, or at least approved, Flynn’s discussing the post-Ukraine sanctions with the ambassador, perhaps obliquely suggesting that they could be eased by the incoming administration? Then, in the poisonous atmosphere of the West Wing after the inauguration, might Trump have wanted the substance of those discussions held closely, even from Vice President Mike Pence, who is no Russia fan? So, was Flynn just following his boss’s wishes in telling Pence that sanctions had not been discussed?
And by the way, shouldn’t the former head of the Defense Intelligence Agency know that the Russian ambassador’s phone calls are monitored by the National Security Agency? Did Flynn figure on Trump’s having his back if transcripts were ever leaked? Note that the day after asking for Flynn’s resignation, Trump called him “a wonderful man” who was treated unfairly by the “fake media” and outed by leakers who committed a crime.
You see, Mr. President, this is what compulsive lying at the top leads to. Everything down below begins to look like a lie as well.

February 10, 2017

The Propagandist and the Press

By David K. Shipler

            It might be time to recognize that President Trump’s tweets and ill-tempered outbursts about the press are not just scattered impulses but part of a foundation being carefully laid to stifle investigative reporting and robust expression by the country’s news organizations. And a large plurality of Americans will be with him, as he showed during the campaign, when roars of approval greeted his threatening vilification of reporters covering his rallies.
            Now, in office, he and his new attorney general, Jeff Sessions, are in a position to test the limits of the First Amendment by various means, including legal actions that might be too expensive for any but the major news outlets to withstand. These could include extreme measures to silence government whistleblowers, aggressive demands on reporters to identify their confidential sources, and even moves to prosecute editors for publishing classified information. A Trump administration might make another attempt at prior restraint, which was repelled in 1971 by the Supreme Court, 6-3, when the Nixon administration tried to block publication of the Pentagon Papers, the secret history of the Vietnam War.
            Some responsible news organizations are already bracing for the onslaught and have redoubled their efforts to dig beneath the visible news. They now include on their websites instructions on how to use various encrypted communications to “share news tips with us confidentially,” as The Washington Post explains. The Post, The New York Times, and The New Yorker, for example, include links to such mechanisms as WhatsApp, Signal, SecureDrop, Strongbox, and Pidgin, with details on how much information about sender and receiver is retained by the providers. Even where the texts of messages are encrypted, some providers keep metadata—users’ phone numbers, email addresses, and time stamps—which could be subpoenaed by government to show that an official has been in contact with a reporter.  
These invitations to get in touch are useful, but they’re passive. The press also needs to assign beat reporters to regulatory agencies that have never received much day-in, day-out coverage. Getting into the weeds where mid-level officials reside, and finding what the columnist James Reston used to call “the man with the unhappy look on his face,” is essential for documenting the subtler shifts in rules and enforcement that are likely under Trump and the team of dismantlers he has assembled.

February 3, 2017

Trump's Next Target: Muslims in America?

By David K. Shipler

            Under a proposal reportedly circulating in the Trump administration, the Muslim Brotherhood would be listed by the Departments of State and Treasury as a terrorist organization. It would be a legally questionable step, given that the Brotherhood is so diffuse that it probably wouldn’t qualify as an “organization.” But at least until a successful court challenge, the designation could subject many Muslims in the United States, including American citizens, to prosecution under the law that punishes those who provide “material support” to terrorist groups.
            That is because key White House officials evidently accept the assertion by anti-Islam conspiracy theorists that many mosques, Islamic centers, and Muslim rights associations in the United States are fronts for the Muslim Brotherhood and training grounds for jihadists. Despite the absence of evidence, several top aides, including Trump’s senior counselor Stephen K. Bannon and national security advisor Michael Flynn, have given credence to activists who see a grand scheme engineered by the Muslim Brotherhood to infiltrate government, subvert the West, and impose shariah law—all this by Muslims who account for a mere 1 percent of the country’s population.
 As chairman of Breitbart News before joining the Trump campaign, Bannon provided a large megaphone to the small fringe of anti-Muslim propagandists. He distributed their alarmist warnings without a hint of skepticism, and without raising questions about their sources, which invariably disintegrate under scrutiny. Flynn served on the board of advisers for ACT for America, a radical group that agitates against Islamic centers and organizations.
 Islamic centers throughout the United States house mosques, schools, and facilities for community gatherings. But their image of innocent good works masks a sinister purpose, according to John Guandolo, a former FBI agent and periodic guest on a show Bannon hosted, broadcast on SiriusXM Radio. In a December 2015 edition, for example, Bannon accepted without challenge Guandolo’s contention that over 75 percent of the Islamic centers are “owned by the North American Islamic Trust, which is the bank for the Muslim Brotherhood here.”