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50 STATES AND DC, CONGRESS AND THE PRESIDENT

The Costs of Presidential Candor By Victor Davis Hanson *****

https://amgreatness.com/2018/11/25/the-costs-of-presidential

Predictably, Donald Trump was attacked both by the establishment and the media as “crude,” “unpresidential,” and “gratuitous” for a recent series of blunt and graphic statements on a variety of current policies. Oddly, the implied charge this time around was not that Trump makes up stuff, but that he said things that were factual but should not be spoken.

Trump’s tweets and ex tempore editorials may have been indiscreet and politically unwise, but they were also mostly accurate assessments. That paradox revisits the perennial question that is the hallmark of the Trump presidency of what exactly is presidential crudity and what are the liabilities of presidential candor?

Concerning the catastrophic California Camp Fire (150,000 acres) and the Woolsey conflagration (100,000 acres), which in turn followed prior devastating California fires in spring and summer of 2018 (perhaps charring 1 million acres in all), Trump tweeted: “There is no reason for these massive, deadly and costly forest fires in California except that forest management is so poor. Billions of dollars are given each year, with so many lives lost, all because of gross mismanagement of the forests. Remedy now, or no more Fed payments!”

Certainly, while flames were devouring homes and lives, it was unwise and crass to talk of withholding federal disaster assistance funding in the future—a realization apparently soon known to Trump himself. In short order, he began signaling his admiration for the rare courage of California response teams and visited the fires promising full federal cooperation with state officials.

No matter. A chorus of critics claimed that Trump was ignoring the human tragedy to score points, whether about reviving the logging industry to salvage dead trees or punishing blue California. Perhaps, but he did not quite serially milk the catastrophe in the manner of California Governor Jerry Brown, who repeatedly warned that the disaster was a result of global warming rather than his own disastrous green agendas that have led to such destruction: “Managing all the forests in everywhere we can does not stop climate change. And tragedies that we’re now witnessing, and will continue to witness in the coming years.”

Both statements—Trump’s and Brown’s—may well have sounded crass in the midst of such lethal disasters, but there were a few differences. The likeliest immediate cause of the 2018 serial fires was the Brown administration’s continual failure on state lands to allow removal of millions of dead trees, lost in mountain and foothill forests during the four-year California drought, and to petition the federal government to do the same in national forests.

Instead, Brown throughout years of increasingly deadly forest fires has stayed wedded to the unyielding green orthodoxy that decaying trees were nearly sacrosanct and essential to the forest ecosystem (true perhaps in the long run, but absolutely a catastrophic short-term policy in a state of 40 million). Moreover, despite Brown’s diagnosis that that the fires rage because of a new normal era of hot and dry weather, 2016 had seen one of the wettest and snowiest years in California history, while 2017 had been a near normal year of temperature and precipitation. The point then was that Trump’s ill-timed admonishment was truthful, while Brown’s own politicking was either irrelevant, misleading—or abjectly dangerous for millions. And yet Trump’s candor was precisely the sort of bluntness that turns off suburban voters.

‘The Enemy of the People’ By Andrew C. McCarthy

https://www.nationalreview.com/2018/11/trump-media-criticism-enemy-of-the-people-charge/

Criticism of the media by a president is not necessarily a bad thing

Depending on your perspective, one of President Trump’s real talents, or one of his most baleful traits, is his knack for the zinger label, pinned on a political or institutional foe. “Crooked Hillary,” “Lyin’ Ted,” “The Swamp” — the labels often stick . . . and sting.

In commentary about the media that is sometimes withering and sometimes unhinged, the president uses the term “the enemy of the people.” The epithet has gotten under the skin of many journalists. Some of them worry aloud about being targeted for retribution, a concern that is overwrought as applied to Trump partisans generally, but that cannot be dismissed out of hand — Cesar Sayoc’s attempted pipe-bomb rampage against Trump critics, like James Hodgkinson’s gunfire spree against Republican congressmen, reminds us that no one has the market cornered on evil and dementia.

But who exactly is “the enemy of the people”? Trump maintains that he is not referring to the entire press, only to “fake news” coverage by mainstream-media outlets. Is such line-drawing appropriate? Even if the public at large may validly make such distinctions, should they be drawn by a president of the United States, or does that specter imperil constitutional free-press protections?

The Pretense of Objectivity
Before Trump zapped our politics with his lightning rod, it was a commonplace in conservative circles to complain about that most pernicious practice of the political press: the pretense of objectivity. No, we did not begrudge the New York Times and Washington Post their editorial pages, nor resent opinion pieces and programs clearly advertised as such. Our objection was to patently biased news coverage that was presented as if it were dispassionate, just-the-facts-ma’am reporting. The bias is seen and unseen, but pervasive. It is found in the reporting itself. It is intimated in the description of sources (e.g., conservatives always described as “conservative”; left-wing sources — the ACLU, SPLC, CAIR, etc. — described as civil-rights groups with no partisan agenda). Most important, it is concealed in editorial decisions about what gets covered and what does not, camouflaged by the thread that gets emphasis and the “lede” that gets buried.

To people who follow the news closely, it is patently obvious that the mainstream media — specifically, the news divisions of the broadcast networks and many major national newspapers, magazines, and websites — tote water for the Democratic party and progressive causes in general. Again, they are perfectly within their rights to do this. The problem is: They pretend they are not doing it. And it is a profound problem. By reporting this way, the media inculcate in the public the assumption that there is no other side of the story. The Left’s Weltanschauung is not presented merely as a worldview; it is portrayed as objective, inarguable fact, and any other way of looking at things is subversive, cynical, or psychotic.

Because this situation is so corruptive, conservatives and other fair-minded commentators have complained about it for decades. It is why National Review has been “standing athwart history” since 1955.

Zombie Statistics The terrifying power of useful bad data. Katherine Mangu-Ward see note please

https://reason.com/archives/2018/11/02/zombie-statistics

Linda Goudsmit responds to this very powerful column: “Zombie statistics are used in the marketing campaigns that sell leftist policies to unsuspecting Americans including global warming, gun control, open borders, population shifting, and the “safety” of opioids to doctors. Corrupt and falsified data in “scientific” studies used to support political science is a threat to freedom everywhere. Zombie statistics are used because society still naively believes in the credibility and integrity of the studies. They have not understood the malevolence and purposefulness of zombie statistics.” (http://goudsmit.pundicity.com/21767/the-problem-with-capitalism)

“You’re about to be untricked,” boasted the opening line of a groundbreaking 1981 Reason investigation about high-profile chemical leaks in upstate New York. In the early ’80s, Love Canal had already become synonymous with corporate willingness to destroy the environment and human health in the name of profit. But careful reporting revealed the anti-corporate narrative was wrong; the primary malefactor wasn’t the greedy businessmen at Hooker Chemical but the Niagara Falls Board of Education, which developed a plot of land despite many warnings from Hooker about the presence of dangerous chemicals. Unfortunately, Reason’s story did little to change the anti-market tenor of the environmental reforms that followed.

That’s because when a narrative is powerful and useful to highly motivated activists, it can be fiendishly difficult to roll it back. Zombie statistics, in particular, are tough to defeat. These undead tidbits can sustain incredible blows and yet continue to crawl forward, like the plodding, inexorable zombies in George Romero’s Night of the Living Dead—a film that debuted in 1968, the same year as Reason. These raggedy facts terrorize the debates over important issues for years after they have been definitively debunked.

At a time when #MeToo and Title IX are dominating the headlines, for instance, it can seem like sexual assault is everywhere. But one of the central statistics responsible for that perception rests on an astonishingly weak foundation. You’ve probably heard this shocking figure: One in five women has been sexually assaulted while in college.

One of the sources of support for that number is a 2002 study by David Lisak, who concluded that what had previously been referred to as “date rape” was actually the result of repeated infractions by serial campus predators. Lisak urged administrators to view every accusation “as an opportunity to identify a serial rapist,” a way of thinking that in turn validates harsh treatment for accused students and justifies funding a massive bureaucracy for adjudication. The Obama White House cited Lisak in memoranda, anti-rape activists promoted his work in movies and books, and university administrators invited him to give lectures and sit on panels.

But as Davidson College administrator Linda M. LeFauve explained in our pages three years ago, Lisak’s study was based on survey data cobbled together from his students’ dissertations and masters’ theses. The central data set drew from interviews with just 76 nontraditional, nonresidential students whose offenses “may or may not have happened on or near a college campus, may or may not have been perpetrated on other students, and may have happened at any time in the survey respondents’ adult lives.” Despite all these problems, the figure is still widely used and widely believed.

Republicans and Trump Failed in FISAgate Probe By Julie Kelly

https://amgreatness.com/2018/11/23/republicans-and-trump

Pause for a moment and imagine you are so gullible that you believe one of the biggest political stunts of all time—that your mind is so incurious and facile that you’ve fallen for a crackpot conspiracy theory force-fed to you by fabulists in the media for two solid years. Still bitter about the defeat of your presidential candidate, you hallucinate about why your side lost, and convince yourself that the current occupant of the Oval Office is there as a result of some illegitimate or nefarious scheme.

That isn’t an imaginary scenario. Sadly—or laughably, take your pick—it’s a state of mind shared by tens of millions of your countrymen.

According to a recent poll, nearly 70 percent of Democrats actually admitted out loud they think the Russians helped sway the 2016 presidential election in favor of Donald Trump.

When asked if it was true that “Russians tampered with vote tallies to in order to get Donald Trump elected,” 67 percent of Democrats replied that yes, it was true. Eighty-five percent of Democrats think Russia hacked the emails of Democrats to help Trump; nearly 90 percent of Democrats think Russia “created and spread fake news stories to help Donald Trump win the election.”

Whoa.

The active imaginations of those on the Left are guided by one overriding delusion: That the Trump presidential campaign conspired with the Kremlin to influence the outcome of the 2016 presidential election. No villain is too improbable, no CNN-sourced story is too far fetched for this crowd to believe. “Without evidence!” they wail at Trump as they cling to an evidence-free Trump-Russia chimera that pollutes their thoughts and consumes their time.

Reviving Due Process on Campus DeVos restores the right to cross-examination. Democrats are outraged.

https://www.wsj.com/articles/reviving-due-process-on-campus-1542758809

For those awaiting a restoration of rational discourse in American politics, well, you’ll have to keep waiting. No other conclusion is possible after seeing the reaction to Education Secretary Betsy DeVos’s long-awaited regulatory proposals last week on handling accusations of sexual abuse on campus.

From California Democrat Maxine Waters: “Betsy DeVos, you won’t get away with what you are doing. We are organizing to put an end to your destruction of civil rights protections for students.”

Former Vice President Joe Biden said on Facebook that the proposal “would return us to the days when schools swept rape and assault under the rug and survivors were shamed into silence.”

The centerpiece of the proposed regulations is—hold your fire—restoring the right of cross-examination, one of the oldest and most hallowed elements of due process.

The Obama Department of Education, responding to legitimate concerns about sexual abuse on campus, issued guidelines that went overboard, casting away many basic protections for the accused. The result has subjected victims and the accused to a system of campus justice often controlled by amateurs and political activists.

For more than four decades the Department of Education has set Title IX policy by issuing “guidance,” which circumvents the normal rule-making process. The Obama-era sexual abuse guidance was essentially an administrative diktat. The public had no chance to comment, and universities, which understood federal funding was at risk, opted to dilute standard legal protections for accused students.

Criminal justice reform: We can improve expensive, ineffective system by lowering recidivism Jared Kushner and Tomas J. Philipson

https://www.usatoday.com/story/opinion/2018/11/19/donald-trump-criminal-justice-reform-recidivism-jared-kushner-column/2047239002/
The costs of criminal activity are unacceptably high, but the reforms supported by the president promise to reduce costs and cut down on recidivism.

Crime imposes substantial fiscal and social costs on the United States. In 2016, more than 1.4 percent of our Nation’s GDP was spent funding the State and Federal criminal justice system. Victims and society at large also bear significant costs through pain, suffering, reduced quality of life, property losses, increased medical costs, and loss of life. The most recent estimates from 2014 indicate that altogether these damages constitute an additional 1.5 percent of GDP, yielding a total burden of 2.9 percent of GDP, or roughly $500 billion.

These costs can be attributed, in part, to crimes committed by prisoners after already serving once in prison, through recidivism after being released from state and federal facilities. If recent trends hold, almost half of federal inmates who were conditionally released will be re-arrested within 5 years of release and more than 75 percent of state offenders who were released on community supervision will be re-arrested within 5 years of release.
The president is reducing spending, crime

To break this cycle, President Donald J. Trump is working to effect bipartisan and evidence-based prison reforms to reduce recidivism. He issued an executive order in March that is bringing together more than a dozen Federal agencies to identify ways to reduce recidivism, enhance the reentry process, and improve public safety.

High Crimes and Misdemeanors -by Andrew McCarthy- Books reviewed

https://www.claremont.org/crb/article/high-crimes-and-misdemeanors/

Collusion! Obstruction! And what about the Emoluments Clause!

Donald J. Trump’s antagonists began talking about impeaching him within days of his 2016 election victory. But on what grounds? Since “collusion with Russia” is not a crime, can the president “obstruct justice” by carrying out an undeniably constitutional act, such as firing the director of the FBI—the agency investigating the, er, collusion? Even if we assume, for argument’s sake, that the president could be criminally charged for such an act, isn’t there some Justice Department rule against indicting a sitting president? If he may not be indicted at all, why is a special prosecutor investigating him? And if he may not be indicted for lawful exercises of his Article II prerogatives—dismissing subordinates, criticizing investigations’ merits and investigators’ motives, pardoning political allies—could he still be impeached over them?

These are difficult, important questions. In deliberating over the Constitution, nothing bedeviled the framers more than the new office they were creating, the presidency of the United States. If the nation were to survive and thrive, the chief executive would have to possess powers so awesome they could, if abused, destroy the nation, eviscerating its founding ideals of liberty and self-determination. With Americans having just thrown off one monarch, an essential objective of the Constitution was to forestall the rise of another. The president would have to be checked by powers commensurate with his own. Today, we metaphorically refer to the ultimate check, impeachment, as a “nuclear option.” To James Madison it was, in a word, “indispensable.”

* * *

No American president has ever been removed from office by the Constitution’s impeachment process, though Richard Nixon surely would have been convicted by the Senate and evicted from the White House had he not resigned. Andrew Johnson and Bill Clinton were impeached by the House, but the Senate could not muster the two-thirds supermajority to convict and remove them. Since Clinton kept his job in 1998, the prospect of impeaching presidents hangs more heavily than before in a coarsened culture, a fractious body politic, and a 24/7 media age that conflates news reporting with opinion journalism and fiery partisanship.

Yet, like fascism and the infield-fly rule, impeachment is a concept often invoked but poorly understood. There is excellent scholarship on the subject, Raoul Berger’s Impeachment: The Constitutional Problems (1973) being the modern standard. Still, there remains enough misinformation that a popular guide, attuned to modern conditions, would be welcome.

My own modest effort, Faithless Execution, was published in 2014. Alas, if the year does not explain why I was too early to the party, the subtitle will: Building the Political Case for Obama’s Impeachment. It was verboten to speak of impeaching President Barack Obama—which is why a political case for doing so was needed. (I’ll come back to that.) In today’s terrain, of course, even a well-reasoned polemical book is destined to be rejected out of hand by at least half the intended audience.

We still need that popular guide in the contentious circumstances of 2018. Some eminent scholars have produced a pair of books that attempt to answer the call: Impeachment: A Citizen’s Guide by Cass R. Sunstein, and To End a Presidency: The Power of Impeachment, a collaboration by Laurence Tribe and Joshua Matz.

Americans Turned to Trump to Roll Back the Progressive Tide To understand his appeal, look at the excesses of liberals in recent years. He’s a wall against the wave. By Joseph Epstein

https://www.wsj.com/articles/americans-turned-to-trump-to-roll-back-the-progressive-tide-1542672973

At lunch the other day, a friend and strong anti-Trumper wondered aloud what brought all those thousands of people out to Donald Trump’s rallies. “After all,” he said “they’re pretty much the same show.” Mr. Trump on stage, in his usual bragging mode, attacking the press, settling scores with people he feels have betrayed him, while the audience in their red hats applaud uproariously, yelling approval for 90 or so minutes. “What’s the attraction? I don’t get it.”

Not a bad question, really. As I thought it over, it occurred to me that what genuinely excites Mr. Trump’s crowds and draws them to him is their shared antiliberalism. By liberalism I do not mean liberalism of the kind that was at the center of our fathers’ Democratic Party—which supported labor unions, civil liberties, racial integration, involvement in international affairs. I refer to the liberalism now metamorphisized into progressivism, at the heart of the thinking of such Democrats as Elizabeth Warren, Bernie Sanders, Cory Booker, Kamala Harris, Alexandria Ocasio-Cortez and others.

This is the progressivism that edges into socialism, that is said to attract the young, that promises a newer, kinder America—the progressivism that exalts identity politics and has no argument with political correctness. As one looks upon the people who attend Mr. Trump’s rallies, one sees the faces not of Hillary Clinton’s “deplorables” but of the proletariat out of which Karl Marx’s dictatorship was supposed to derive. Yet these people, despite the progressives’ promises to them of free Medicare, free college tuition, and the rest, want nothing to do with Sens. Warren, Sanders, Booker & Co. Quite the reverse: They loathe them.

The man who attends a Trump rally turns on his television set and that night’s news leads off with a Black Lives Matter protest in his city. If that city is Chicago, he might recall that this year some 2,619 people have been shot, 475 shot and killed, the preponderance of these being black people shot by black youth gangs. If it is another city, there is a distinct possibility, as fairly often in the past, that the protest will lead to looting of nearby shops. Al Sharpton, nattily turned out, is likely to have flown in for the festivities to remind everyone about the world’s injustice.

Our man changes channels and is greeted by a story of a long and happy lesbian marriage. He reads in the papers that people are fired from jobs for remarks that, under the reign of political correctness, are interpreted as racist, sexist, you name it; that students feel unsafe at Yale; that a year’s tuition, room and board at Dartmouth is $74,000. Doubtless before long he will read a story about an 11-year-old who is suing his parents for not allowing him to transgender himself.

Oh God, he thinks, make America great again, make America straight again, make America anything but what it is becoming. What elected Donald Trump, and what sustains him, is not his rather dubious charisma, his ideas, his obvious jolt to the country’s earlier slow economic growth, and no, not even the wretched campaign run by Hillary Clinton. Mr. Trump was chosen as a rebuke to the progressivism that has made life in America seem chaotic, if not a touch mad, and that now threatens to take over the Democratic Party. CONTINUE AT SITE

Women’s March Founder Calls on Leaders to Step Down amid Accusations of Bigotry By Jack Crowe

https://www.nationalreview.com/news/womens-march-founder-calls-on-sarsour-other-leaders-to-step-down-for-indulging-anti-semitism/

Theresa Shook, founder of the Women’s March, called on leaders of the liberal political-protest movement to step down on Monday amid widespread backlash against their refusal to condemn anti-Semitic and homophobic allies.

“As Founder of the Women’s March, my original vision and intent was to show the capacity of human beings to stand in solidarity and love against the hateful rhetoric that had become a part of the political landscape in the U.S. and around the world,” Shook wrote in a Monday Facebook post.

“Bob Bland, Tamika Mallory, Linda Sarsour and Carmen Perez of Women’s March, Inc. have steered the Movement away from its true course,” she continued. “I have waited, hoping they would right the ship. But they have not. In opposition to our Unity Principles, they have allowed anti-Semitism, anti-LBGTQIA sentiment and hateful, racist rhetoric to become a part of the platform by their refusal to separate themselves from groups that espouse these racist, hateful beliefs. I call for the current Co-Chairs to step down and to let others lead who can restore faith in the Movement and its original intent.”

Mallory and Sarsour have been routinely criticized by public figures from across the political spectrum for praising Nation of Islam leader Louis Farrakhan, who routinely espouses anti-Semitic and homophobic views to his large following. The co-chairs have also come under fire for partnering with and endorsing anti-Semitic pro-Palestinian groups.

What the Prescription Drug Debate Gets Wrong Price controls on pharmaceuticals might save Americans money in the short term—but at the potential cost of millions of lives. John Tierney

https://www.city-journal.org/price-controls-on-pharmaceuticals

The American pharmaceutical industry is the most innovative in the world and saves more lives than any other institution. So, of course, it is also the national villain.

In this autumn’s election, once again, voters say that one of the top issues—the top issue, in some polls—is lowering the price of prescription drugs. Politicians of both parties ritually denounce Big Pharma for profiteering. In his first press conference as president, Donald Trump accused drug companies of “getting away with murder,” and Bernie Sanders has called the industry’s greed a “public-health hazard to the American people.” A central plank in the “Better Deal” that Democrats are promising in the midterm elections is for the federal government to “negotiate” drug prices, and some progressives don’t even make that semantical pretense. They call for outright price controls, if not the “deprivatization” of the industry, on the grounds that Big Pharma is too powerful to be constrained by market forces.

At one level, this is just political opportunism. Big Pharma is easy to resent because its products are so essential, and it’s easy to attack because it’s actually not so big. Of every dollar that Americans spend on health, only a dime goes for prescription drugs. The lion’s share of health spending goes to hospitals and people in the health-care professions, whose relatively high fees and salaries are largely responsible for Americans bearing the world’s highest health-care costs. But how many politicians want to go after doctors and nurses? What Democrat would dare arouse the ire of the health-care unions? Much easier to scapegoat the greedy drug companies.

The critics do get one thing right: the pharmaceutical industry is no paragon of free-market capitalism. Companies spend much of their time appeasing regulators instead of satisfying customers. The bureaucratic delays and complexities discourage innovation and competition, allowing some firms to profit by gaming the rules rather than developing new drugs. The system is so opaque and convoluted that both parties agree that it needs to be reformed.

For Democrats, the answer is a system modeled on Canada and European countries with nationalized health systems that use their monopoly power to dictate which drugs are available at what price. On average, Americans spend more money on prescription drugs than people do in those other countries, a favorite talking point for Democrats advocating price controls and “Medicare for All.” As a candidate, Trump endorsed the big-government approach to controlling prices, and, as president, he has personally bullied pharmaceutical executives into rolling back some prices. But so far, thanks to some smart appointments, his administration is pursuing more sensible reforms. Instead of joining the march toward nationalized health care, it is focused on reviving market competition.

These reforms are moving forward at a remarkably brisk pace (for Washington), but there’s always the danger that Trump’s populist instincts and a resurgent Democratic Party could prevail. Politicians of both parties know how popular Democratic ideas on drugs are—and how unpopular Big Pharma is. Public-opinion polls by the Kaiser Family Foundation show that most Republicans as well as Democrats support tighter regulation of prescription-drug prices. Three-quarters of Americans favor outright price controls on some drugs, and more than 90 percent want the federal government to “negotiate” lower prices across the board.