RUTHFULLY YOURS

The familiar cultural order of the last half-century is crumbling — partly because of larger forces beyond its control, partly from self-inflicted wounds, and partly because of the chaos following the election of the outsider Donald Trump.

NFL, Go to Hell?

In the early 1950s, the National Football League was small, poor, and not America’s pastime. It may soon become that way again — if it is lucky.

Since Colin Kaepernick opened the lid of the NFL’s Pandora’s box, the demons just keep flying out. The result is decreased viewership and attendance and the tarnishing of a multibillion-dollar brand.

To save their NFL investment, some networks now try to avoid airing the pre-game national anthem altogether. The alternative is to show dozens of confused and pampered multimillionaire athletes kneeling in defiance. The cameras only selectively scan the stadium crowd and detour around empty seats. ESPN talking heads glance sideways at one another in hopes that colleagues will cool their accustomed virtue-signaling social-justice rants that are as hypocritical as they are incoherent — rants that cost them viewers and maybe their own jobs.

The NFL in truth was living on borrowed time — a strangely anachronistic gladiatorial spectacle exempt from the nitpicking of a therapeutic society. Not anymore.

The rich white owners are in no need of antitrust exemptions or public subsidies. But they might require a diversity officer to make the franchises look more like America.

The players claim racism while also assuming that they are excused from the traditional liberal antidotes to disproportionate racial representation. Weirdly, the athletes apparently think that a league in which 75 percent of the players are African-American reflects a time-honored commitment to merit. That might be true, but it is a logic that has never done Asian-American students much good when fighting de facto quotas that limit their merit-based representation at marquee universities.

The NFL is becoming as violent as boxing or martial arts, but with thousands, not hundreds, of athletes suffering head trauma. Participation is falling off in its de facto farm and minor leagues in high schools and colleges, on the theory that a smack in the head might end up later as a tremor in the hand.

The old idea that Americans set aside their Sundays for friendly get-togethers, free of weekly political spats and depressing news, has been ruined by the constant editorializing of the players.

Yet they are unable to articulate a consistent gripe other than confusing the First Amendment rights with workplace rules that all Americans abide by. If the League successfully mandates that its paid employees cannot express their gratitude by wearing a small decal on their helmets to honor the dead of 9/11 or slain policemen, then certainly the NFL can also ask its employees to stand for the national anthem.

In sum, there are so many things wrong with the NFL that far from being a national pariah, Colin Kaepernick is likely to be sainted for convincing the nation that we had plenty of reasons beyond his own self-indulgent narcissism not to watch professional football at all.

The Democratic Party, as it did after Hubert Humphrey’s close loss in 1968, seems still to be misdiagnosing its 2016 defeat.

Democrats see too little identity politics rather than too much as their trouble, and thus are redoubling on what has been slowly shrinking the party into coastal enclaves.

Promoting Black Lives Matter and open borders, promising free tuition and tax hikes, opposing fracking and pipeline construction, pushing single-payer health care and an ever-expanding transgender agenda as well as abortion—these are not majority positions. Neither will embracing Hollywood, the media, or the NFL protests win over voters. Thinking (or hoping) that President Trump will implode, quit, be jailed, sicken, die, or be impeached is not an agenda.

Trump Compared to What?
When Trump promises to restore Christmas nomenclature, to build a border wall, or to bark back against the NFL, he bets that 51 percent of the voting public is likely on his side. Trump’s tweets may be cul de sacs. And they may diminish the traditional stature of the presidency, but they are rarely on the wrong side of public opinion.

The same holds true when in suicidal fashion he alienates those of his own party, many of them seemingly essential to his legislative agenda. Yet what is the logic of temporizing Republican senators who recently got reelected by blasting the Iran Deal, open borders, and Obamacare—apparently on the premise that their posturing votes would never really matter, given the likelihood of a liberal vetoing president? So far a Bob Corker, Jeff Flake or John McCain has not proven that he is more popular in his own state than is Donald Trump.

The issue is never just Trump’s outbursts or tweets in isolation but, rather, the comparisons between them and his targets. Again, attacking NFL players may not be presidential, but Trump’s pushback is often judged by many voters on the basis of its intent—in other words, an effort to oppose the growing trend of multimillionaire athletes refusing to stand for the National Anthem. If we have never seen a president stoop to fight with the NFL, we have also never seen the NFL kneel to self-destruct by offending millions of its fans. If the president cannot defend a national tradition of standing in honor during the National Anthem, who else could?

Pollsters, pundits, and the media have vastly underestimated how many in America loathe multimillionaire celebrities, pampered athletes, and triangulating politicians—the usual targets of Trump’s invective.

Reactive Not Preemptive
Take a sampling of Trump’s most infamous tweets and adolescent outbursts—attacks on Bob Corker’s height, referencing Rex Tillerson’s IQ, the creepy description of blood oozing from a supposedly irate Megyn Kelly, or deprecating the capture and imprisonment of John McCain—and the common denominator is not just puerility and cruelty, but also retaliation. All had first attacked Trump and sometimes quite viciously. Corker had claimed that Trump’s White House was chaos, a reality show, and in danger of prompting World War III—a virtual charge that Trump was nuts. Anonymous sources accused Tillerson of calling Trump a moron or, at least, implying it—and the secretary did not explicitly deny the charge, although he deplored the climate in which such accusations were made. Kelly hijacked her own debate question and turned it into a scripted rant about Trump’s alleged misogyny. McCain arrogantly wrote off Trump’s supporters as “crazies”—a forgotten precursor to Hillary Clinton’s “deplorables” and “irredeemables.”

Remember when Democrats and the press corps complained about “dark money” and wanted to rewrite the First Amendment to ban certain campaign contributions? Well, well. Now the progressive operatives at Fusion GPS are invoking free-speech rights to block the House Intelligence Committee’s probe of the infamous Steele dossier.

Fusion GPS is the opposition research firm behind the Steele dossier claiming that Donald Trump colluded with Russians to win the 2016 election. Congress is investigating Russian influence, and former British spook Christopher Steele relied on Russian sources. The dossier is clearly of interest, perhaps even a Rosetta Stone in the probe.

Yet Fusion chief Glenn Simpson won’t cooperate, and on Monday the company’s lawyers sent a letter to the House Intelligence Committee refusing to comply with subpoenas for documents and testimony related to the dossier. The letter claims the subpoenas “violate the First Amendment rights of our clients and their clients, and would chill any American running for office . . . from conducting confidential opposition research in an election.”

Hello? Mr. Simpson must be having a good laugh at that one. Surely he knows that his many Democratic clients have spent most of the last decade moaning about “dark money” donations in politics. Hillary Clinton and Bernie Sanders proposed rewriting the First Amendment to overturn the Supreme Court’s Citizens United ruling so government could regulate political speech. Fusion must also not have read the avalanche of press releases from Democrats like Chuck Schumer demanding disclosure of all political donations.

Citizens United protected the broadcast of a movie opposing Hillary Clinton—obvious political speech. But the House wants to know who paid Fusion to dig up dirt on Mr. Trump and whether any of that money or intelligence came from foreign sources. The First Amendment doesn’t protect attempts by foreign governments or agents to influence U.S. elections.

Foreign campaign contributions are banned under U.S. law, and in the 1990s Congress conducted extensive investigations into Chinese and other donations to the Clinton campaign. No one claimed the Riady family’s donations were protected political speech because they financed Bill Clinton’s re-election.

Fusion by its own admission has worked in the past on a lobby campaign for a Russian company with ties to the Kremlin. Investigators want to know if those clients or other foreign actors had anything to do with the commissioning or production of the Steele dossier.

The press corps is cheering investigations into whether the Russians worked with a Trump campaign to win the election—and we want those answers too. But it’s also important to know if other Americans worked—wittingly or not—with Russian actors to collect and distribute accusations against Mr. Trump.

Fusion can dig up all the dirt it wants on clients and leak it to its media pals. That is its business model. But the company has no constitutional right to avoid a probe into foreign influence. The House’s next move should be a vote for contempt of Congress.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and served as lead counsel in the successful challenge to the Obama insurance payments under the Affordable Care Act.

There appears no end to the villainy of President Trump. This week, California Attorney General Xavier Becerra denounced Trump as nothing short of a saboteur while members have lined up before cameras to denounce his latest executive order as tantamount to murder.

His offense? He rescinded an unconstitutional order by President Obama and restored the authority of Congress over the “power of the purse.” The response to what Becerra called “sabotage” has been a call for a rather curious challenge where Democrats want the judicial branch to enjoin the executive branch from recognizing the inherent authority of the legislative branch. It is an institutional act that would have baffled the Framers.

I had the honor of serving as lead counsel, with an exceptionally talented team from Capitol Hill, for the U.S. House of Representatives in its challenge to unilateral actions taken by the Obama administration under the Affordable Care Act. In a historic ruling, U.S. District Judge Rosemary Collyer ruled in favor of the House of Representatives and found that President Obama violated the Constitution in committing billions of dollars from the U.S. Treasury without the approval of Congress.

The money went to insurance companies, even though Congress had rejected an Obama administration request for the appropriations. The case is pending on appeal, but the Trump administration has filed a notice with the D.C. Circuit that it was rescinding the order found unconstitutional by the federal court. The result of the order is to return the matter to the place where it should have remained: in Congress.

The ruling of the federal court was a triumph for those of us who have warned for years about the erosion of the separation of powers within our constitutional system. That high point in the judiciary followed a low point in Congress. In a State of the Union address, President Obama announced that he would circumvent Congress after it failed to approve measures in immigration and health care that he demanded.

This alarming declaration was met with an equally alarming response of rapturous applause by members thrilled by the notion of their own institutional obsolescence. President Obama proceeded to then assume the core defining power left to Congress under the “power of purse” in Article I of the Constitution. When Congress refused to appropriate money for subsidies for insurance companies, President Obama ordered the money from the Treasury through a claim of executive authority.

As affirmed by the federal court, the actions of President Obama directly violated the “power of the purse” clause of the Constitution, which provides that “no money shall be drawn from the Treasury but in consequence of appropriations made by law.” It also violated the federal law itself and the court declared that such actions “cannot surmount the plain text [of the law].”

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For over forty years the left has been successfully reshaping American culture. Social mores and government policies about sexuality, marriage, the sexes, race relations, morality, and ethics have changed radically. The collective wisdom of the human race that we call tradition has been marginalized or discarded completely. The role of religion in public life has been reduced to a private preference. And politics has been increasingly driven by the assumptions of progressivism: internationalism privileged over nationalism, centralization of power over its dispersal in federalism, elitist technocracy over democratic republicanism, “human sciences” over common sense, and dependent clients over autonomous citizens.

But the election of Donald Trump, and the overreach of the left’s response to that victory, suggest that we may be seeing the beginning of the end of the left’s cultural, social, and political dominance.

The two terms of Barack Obama seemed to be the crowning validation of the left’s victory. Despite Obama’s “no blue state, no red state” campaign rhetoric, he governed as the most leftist––and ineffectual–– president in history. Deficits exploded, taxes were raised, new entitlements created, and government expanded far beyond the dreams of center-left Democrats. Marriage and sex identities were redefined. The narrative of permanent white racism was endorsed and promoted. Tradition-minded Americans were scorned as “bitter clingers to guns and religion.” Hollywood and Silicon Valley became even more powerful cultural arbiters and left-wing publicists. And cosmopolitan internationalism was privileged over patriotic nationalism, while American exceptionalism was reduced to an irrational parochial prejudice.

The shocking repudiation of the establishment left’s anointed successor, Hillary Clinton, was the first sign that perhaps the hubristic left had overreached, and summoned nemesis in the form of a vulgar, braggadocios reality television star and casino developer who scorned the hypocritical rules of decorum and political correctness that even many Republicans adopted to avoid censure and calumny. Yet rather than learning the tragic self-knowledge that Aristotle says compensates the victim of nemesis, the left overreached yet again with its outlandish, hysterical tantrums over Trump’s victory. The result has been a stark exposure of the left’s incoherence and hypocrisy so graphic and preposterous that they can no longer be ignored.

First, the now decidedly leftist Democrats refused to acknowledge their political miscalculations. Rather than admit that their party has drifted too far left beyond the beliefs of the bulk of the states’ citizens, they shifted blame onto a whole catalogue of miscreants: Russian meddling, a careerist FBI director, their own lap-dog media, endemic sexism, an out-of-date

Electoral College, FOX News, and irredeemable “deplorables” were just a few. Still high on the “permanent majority” Kool-Aid they drank during the Obama years, they pitched a fit and called it “resistance,” as though comfortably preaching to the media, university, and entertainment choirs was like fighting Nazis in occupied France. The bathos and ridiculous hyperbole of their whining exposed for all to see their rank egotism and lack of discernment and judgment.

This childish behavior came hard on the whole “snowflake” and “microagression” phenomenon in colleges and universities. Normal people watched as some of the most privileged young people in history turned their subjective slights and bathetic discontents into weapons of tyranny, shouting down or driving away speakers they didn’t like, and calling for “muscle” to enforce their assault on the First Amendment. Relentlessly repeated on FOX News and on the Drudge Report, these antics galvanized large swaths of American voters who used to be amused, but now were disgusted by such displays of rank ingratitude and arrogant dismissal of Constitutional rights. And voters could see that the Democrats encouraged and enabled this nonsense. The prestige of America’s best universities, where most of these rites of passage for the scions of the well-heeled occurred, was even more damaged than it had been in the previous decades.

Last week, I went to a dinner event at social club of which I am a member but rarely patronize. You will guess why when I tell you I ran into a friend of longstanding—someone I know well, but hadn’t seen in a couple of years—and she greeted me with the exclamation, “Here’s a Trumpster!” I could see that that was partly for the benefit of the gents she was talking to, a sort of tribal-marking announcement (“He’s one of those, boys”) but I couldn’t immediately tell whether the glint in her eye was friendly or otherwise. She soon cleared up that ambiguity. I said something about “our president.” “He’s not my president,” she snapped, adding that Donald Trump was deeply unpopular and would probably be driven from office soon.https://amgreatness.com/2017/10/15/yes-trump-is-winning/

“Actually,” I offered, “his approval ratings are on the rise.”

“So were Mussolini’s,” came the icy rejoinder.

Got it. At least I knew where we stood.

One is encouraged to leave politics at the front door of this particular club (unlike London’s “Other Club” where Rule 12 stipulates that “Nothing in the rules or intercourse of the Club shall interfere with the rancour or asperity of party politics”). But so thoroughly pink is the majority of the membership that the issue rarely arises. For the herd of independent minds, unanimity is a consoling patent of authenticity. “We all believe this, ergo it must be true—indeed, it is invisible. It simply is.”

Hence a defining irony of the contemporary progressive (one cannot truthfully call it “liberal”) dispensation: convinced that their opinions represent not their opinions but, on the contrary, that they mirror a virtuous state of nature, they regard dissent not as disagreement but as either heresy or insanity. The former calls for condemnation or ostracism, the latter for pity tinctured by contempt.

Donald Trump has introduced several novelties into this dynamic. From the point of view of my (I suspect former) friend, Trump is both (never mind the contradiction) an impossibility and an affront. Everyone she talks to knows this.

And yet on the ground, in the real world, Trump is methodically pushing ahead with the agenda he campaigned on. That includes:

Nominating judges and justices who can be counted on to interpret and enforce the law but do not endeavor to use the law to promote their social agenda;
Addressing the problem of illegal immigration and securing the borders of the United States;
Developing America’s vast energy resources;
Rolling back the regulatory state, especially the administrative overreach of agencies such as the Environmental Protection Agency;
Pursuing policies that put America, and American workers, first, not to the detriment of our relationships with our international partners but through a recognition that strength and sovereign independence make nations more reliable actors;
Restoring the combat readiness and morale of the United States military;
Simplifying the U.S. tax code, making it more competitive for U.S. businesses and more equitable for individuals;
Getting a handle on the unconstitutional and shockingly inefficient monstrosity ironically called the Affordable Care Act;
Putting a stop to the obscene violation of due process that Title IX fanatics brought to college campuses across the country.

The radicalization of the Democratic Party is transforming everything that happens in America into another battle in our unending culture war.

Is there anything left in American public life that isn’t an occasion for political rancor and division? NFL games are now nothing more than crude pieces of political theater. On Sunday even Vice President Mike Pence got in on the act, showing up to a Colts-49ers game then leaving after a few players knelt during the national anthem. Next day was Columbus Day, which the cities of Los Angeles and Austin decided this year to replace with “Indigenous Peoples’ Day,” because Christopher Columbus is apparently the new Robert E. Lee. And it’s only Tuesday.

It should be obvious by now that our culture wars will henceforth be constant and unending; the next battle could be triggered by almost anything. Whether it’s the reactions (or non-reactions) of Hollywood celebrities to the unsurprising news of Harvey Weinstein’s sexual misdeeds or the outraged calls for the repeal of the Second Amendment the instant news broke of the Las Vegas massacre, very little can happen in America now without it being an occasion for an appeal to one’s own political tribe. No matter how tawdry or horrifying the news, there is vanishingly little room for solidarity because there is no appetite for it. Not even late-night comedy shows with their shrinking audiences can resist the urge to devolve into partisan political rants.

For all his eagerness to wage the culture wars in his improvised, bombastic style, this didn’t begin with Donald Trump. It didn’t begin with Barack Obama, either, but a recent study by Pew Research Center found that divisions between Republicans and Democrats on fundamental political values reached record levels during the Obama administration. You don’t need a Pew survey to tell you that, of course, but the data helps illuminate an otherwise vague feeling that American society is coming apart at the seams, and has been for years.
Right and Left Are Moving Farther Apart, And Fast

The Pew study measures responses to issues Pew has been asking about since 1994, things like welfare, race, and immigration. On almost every count, the gaps between Republicans and Democrats held more or less steady up until around 2010, when they began to widen. Today, “Republicans and Democrats are now further apart ideologically than at any point in more than two decades,” with the median Republican more conservative than 97 percent of Democrats and the median Democrat more liberal than 95 percent of Republicans. Here’s what that looks like in a chart:

Ask most Republicans to identify Donald Trump’s biggest triumph to date, and the answer comes quick: Supreme Court Justice Neil Gorsuch. That’s the cramped view.

The media remains so caught up with the president’s tweets that it has missed Mr. Trump’s project to transform the rest of the federal judiciary. The president is stocking the courts with a class of brilliant young textualists bearing little relation to even their Reagan or Bush predecessors. Mr. Trump’s nastygrams to Bob Corker will be a distant memory next week. Notre Dame law professor Amy Coney Barrett’s influence on the Seventh U.S. Circuit Court of Appeals could still be going strong 40 years from now.

Mr. Trump has now nominated nearly 60 judges, filling more vacancies than Barack Obama did in his entire first year. There are another 160 court openings, allowing Mr. Trump to flip or further consolidate conservative majorities on the circuit courts that have the final say on 99% of federal legal disputes.

This project is the work of Mr. Trump, White House Counsel Don McGahn and Senate Majority Leader Mitch McConnell. Every new president cares about the judiciary, but no administration in memory has approached appointments with more purpose than this team.

Mr. Trump makes the decisions, though he’s taking cues from Mr. McGahn and his team. The Bushies preferred a committee approach: Dozens of advisers hunted for the least controversial nominee with the smallest paper trail. That helped get picks past a Senate filibuster, but it led to bland choices, or to ideological surprises like retired Justice David Souter.

Harry Reid’s 2013 decision to blow up the filibuster for judicial nominees has freed the Trump White House from having to worry about a Democratic veto during confirmation. Mr. McGahn’s team (loaded with former Clarence Thomas clerks) has carte blanche to work with outside groups like the Federalist Society to tap the most conservative judges.

Mr. McGahn has long been obsessed with constitutional law and the risks of an all-powerful administrative state. His crew isn’t subjecting candidates to 1980s-style litmus tests on issues like abortion. Instead the focus is on promoting jurists who understand the unique challenges of our big-government times. Can the prospective nominee read a statute? Does he or she defer to the government’s view of its own authority? The result has been a band of young rock stars and Scalia-style textualists like Ms. Barrett, Texas Supreme Court Justice Don Willett and Minnesota Supreme Court Associate Justice David Stras.

Senate Republicans have so far blown their major agenda items, but they’ve remained unified on judges. They agreed to kill the Senate filibuster for Supreme Court nominees so as to confirm Justice Gorsuch; have confirmed six other judicial nominees; and stand ready to greenlight dozens more. This is a big shift from divisions the party had over the Bush 41 and Bush 43 nominees.

Because Mr. Trump’s picks have largely spent their careers focused on administrative law and constitutional questions, few have gotten bogged down by controversial cultural rulings. They do have paper trails, but mostly on serious and technical issues. This helps reassure Republicans even as it deprives Democrats of the fodder they’d need to stage dramatic opposition. CONTINUE AT SITE

The Beltway media move in a pack, and that means ignoring some stories while leaping on others. Consider the pack’s lack of interest in the story of GPS Fusion and the “dossier” from former spook Christopher Steele.

The House Intelligence Committee recently issued subpoenas to Fusion GPS, the opposition research firm that paid for the dossier that contained allegations against then-candidate Donald Trump and ties to Russia. The dossier’s details have been either discredited or are unverified, but the document nonetheless framed the political narrative about Trump-Russian collusion that led to special counsel Robert Mueller.

Democrats and Fusion seem to care mostly that House Intelligence Chairman Devin Nunes issued the subpoenas, given that he temporarily stepped aside from the Russia probe in April. But only the chairman is allowed to issue subpoenas, and Mr. Nunes did so at the request of Republican Mike Conaway, who is officially leading the probe.

The real question is why Democrats and Fusion seem not to want to tell the public who requested the dossier or what ties Fusion GPS boss Glenn Simpson had with the Russians in 2016. All the more so because congressional investigators have learned that Mr. Simpson was working for Russian clients at the same time he was working with Mr. Steele.

Americans deserve to know who paid Mr. Simpson for this work and if the Kremlin influenced the project. They also deserve to know if former FBI director James Comey relied on the dossier to obtain warrants to monitor the Trump campaign. If the Russians used disinformation to spur a federal investigation into a presidential candidate, that would certainly qualify as influencing an election.

The House committee also subpoenaed FBI documents about wiretap warrants more than a month ago but has been stonewalled. There is no plausible reason that senior leaders of Congress—who have top-level security clearance—can’t see files directly relevant to the question of Russian election interference.

Justice Department excuses about interfering with Mr. Mueller’s investigation don’t wash. Mr. Mueller is conducting a criminal probe, while Congress has a duty to oversee the executive branch. Both investigations can proceed simultaneously. Deputy Attorney General Rod Rosenstein, who supervises Mr. Mueller, needs to deputize specific Justice officials to handle Congress’s requests.

The media attacks on Mr. Nunes for issuing the subpoenas are a sign that he is onto something. He recused himself in April after complaints about his role bringing to light Obama Administration officials who “unmasked” and leaked the names of secretly wiretapped Trump officials. Mr. Nunes has since been vindicated as we’ve learned that former National Security Adviser Susan Rice and former U.N. Ambassador Samantha Power did the unmasking. Yet Democrats on the House Ethics Committee have refused to clear Mr. Nunes—trying to keep him sidelined from the Russia probe.

Senate Judiciary Chairman Chuck Grassley has also pursued the Fusion GPS trail, but he could use House backup. Speaker Paul Ryan needs to call on the Ethics Committee to render a quick decision on Mr. Nunes or allow him to resume his Russia investigation. Mr. Ryan should also prepare to have the House vote on a contempt citation if the Justice Department doesn’t supply subpoenaed documents.

Mr. Mueller will grind away at the Trump-Russia angle, but the story of Democrats, the Steele dossier and Jim Comey’s FBI also needs telling. Americans don’t need a Justice Department coverup abetted by Glenn Simpson’s media buddies.