Sessions – Sheila Kennedy

Cherry-Picking And The Rule Of Law

If we assume that humanity will survive into the future–and that there will indeed be future historians attempting to understand the decisions and assorted insanities of the particular era in which we find ourselves–they may well dub ours the “Age of Cherry-picking.”

Think about it: we increasingly choose to rely on information that confirms our preferred beliefs. We routinely dismiss evidence that is inconsistent with our prejudices, ignore realities that are inconvenient, and resist information that challenges our world-views.

I can just see those future historians trying to figure out why more of us didn’t call out the hypocrisies.

Think, for example, of that go-to bible verse cited most recently by Jeff Sessions–the one that supposedly instructs believers to follow even laws they dislike. That verse, which Sessions used to support the administration’s “zero tolerance” immigration policy, has also been cited to support slavery and “the Southern way of life.”

Religious groups opposed to the policy found and cited their own biblical selections.

“The Bible teaches that God ‘loves the foreigner residing among you, giving them food and clothing. And you are to love those who are foreigners, for you yourselves were foreigners in Egypt’ (Deuteronomy 10:18-19).”

Since Trump’s election, a casual review of Facebook posts hurling biblical quotes back and forth would suggest that Republican and Democratic Christians own very different versions of the Bible. (Not that the Bible should even enter into a discussion of civil law in a nation that separates Church and State…)

On the issue of immigration, until he was forced by public outrage to moderate the policy, Trump had insisted that his administration had no choice but to separate children from their parents, because it was “a law” and his administration enforces all the laws.

Speaking of cherry-picking….

As Howard Gleckman recently wrote for Forbes,

Question: What does the Trump Administration’s policy decision to separate immigrant children from their parents at the Mexican border have in common with its policy decision to refuse to enforce IRS curbs on church involvement in political campaigns?

Answer: Nothing.

As Gleckman noted, the administration’s insistence that the law required the separation of children from parents was somewhere between dubious and inaccurate.

But the Administration’s absolute claim that it must enforce laws, even if it disagrees with them, turns out to be somewhat…situational.

Twice in the last three weeks, in formal remarks, Vice President Mike Pence said the Administration would ignore another statute: The Johnson Amendment that bars 501(C)(3) non-profits, including houses of worship, from participating in political campaigns for, or against, a candidate.

Pence could have not been more explicit. Speaking to the Family Research Council on May 25, he said the Johnson Amendment “will no longer be enforced under this administration.” He repeated the vow in a speech to the annual meeting of the Southern Baptist Convention last week.

So let’s summarize the delusional state of “leadership” in our country, where the administration picks and chooses its realities:

The administration enforces all the laws except those Mike Pence’s Bible doesn’t agree with. (What First Amendment?)
The “scientists” relied upon by administration climate-change deniers are sure that the warnings of the other 97% of scientists are bogus.
Larry Kudlow, the President’s current “economic advisor” plucked from Fox News, says the Republican tax bill is responsible for the (non-existent) decline of the deficit. (The deficit and the debt are actually exploding–but not, evidently, in Kudlow’s alternate reality.)
Spitting on our longtime allies and cozying up to our enemies is putting America First.

As Kurt Vonnegut would say, and so it goes…..

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Did They Really Have Souls To Sell?

A few days ago, I was on the treadmill watching “Morning Joe,” and heard Presidential historian Jon Meacham, from all indications a deeply religious man, respond to questions about the Trump Administration’s “biblical” defense of separating parents and children in order to deter asylum seekers. Meacham predicted a “day of reckoning” for Evangelical Trump supporters, and put it in stark terms: They sold their souls for a Supreme Court seat, and they’ll have to decide whether it was worth it.

Of course, in order to sell a soul, you first need to have one.

Later that same day, The Washington Post reported that Mike Pence (aka “Mr. Piety”)has turned the Vice-President’s office into “a gateway for lobbyists.”

About twice as many companies and other interests hired lobbyists to contact the vice president’s office in Pence’s first year than in any single year during the tenures of Vice Presidents Joe Biden and Richard B. Cheney, filings show.

Speaking of selling one’s soul….(Since this is Pence, one assumes the sale price reflects an appropriate and substantial discount…)

A couple of observations: first, Sessons’ use of a biblical reference to justify a governmental policy is profoundly anti-American. As several commentators have pointed out, America isn’t a theocracy. Public policies must be attacked or defended with secular reasoning and argumentation, not appeals to theology.

More generally, however, what Sessions and Pence both exemplify is the cynical use of religion to advance personal and political ends–to justify bigotry, to claim privilege, and to reassure a frightened and angry “base” that its hostility to the “other” is God’s will.

As regular readers of this blog know, I am not religious. But I have friends who are genuinely religious people, and there is a huge difference between the devout people I know, who tend to be both humble and kind, and the “faux religious” and “holier than thou” hypocrites who are supporting and excusing the behaviors of this administration.

Meacham may be right when he predicts a day of reckoning. If I had to hazard a guess, however, I’d predict that reckoning will consist only of recognizing the strategic failure of efforts to find religious justifications for Trump’s unholy behaviors.

Somehow, I don’t see the Mike Pences and Jeffrey Beauregard Sessions of this world looking deep inside themselves and reckoning with the truly important questions: have I been a good person? Have I been honest? Kind? Have I read my holy book in its entirety, or have I cherry-picked and “interpreted” it in order to convince myself that God dislikes the same people I do? What is the nature of my obligation to my fellow-man and woman? What is justice? What is mercy?

Do I have a soul? Have I sold it for a mess of pottage?

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Tell Me Again It Isn’t All About Race

The latest polling has Donald Trump at 33% approval. Most of the rest of us find it incomprehensible that anyone approves of this profoundly damaged and embarrassing man or his Keystone Kop administration. The folks that Molly Ivins used to call the “Chattering Classes” have filled column inches, airwaves and much of the Internet with efforts to explain his election and the continued loyalty of his rabid base.

The more I read, the more convinced I become that Trump owes that victory and that loyalty to what scholars delicately term “racial resentment.” There were certainly lifelong Republicans and Hillary haters who held their noses and voted for him; their defections account for the steady erosion of his support. His remaining base, however, is composed of the people who understood that “Make America Great Again” was (none-too-subtle) code for “Make America White Again.”

As his poll results decline and his troubles mount, Trump needs to feed and energize that base. So his administration is ratcheting up his war on immigrants (especially brown and Muslim ones), throwing some red meat to anti-Semites, and promising to protect those poor, oppressed white people from “reverse” discrimination.

As Paul Waldman writes,

To many people reading this, the idea that white people are being discriminated against in higher education — or anywhere else — is absurd. The idea that discrimination against whites is such a significant problem that it demands Justice Department action is positively ludicrous. But we should understand that this is exactly the kind of thing many of Trump’s voters wanted him to deliver. And the administration will be only too pleased to hear the condemnations from the left over this initiative.

That’s not to say that the policy doesn’t have its origins in Attorney General Jeff Sessions’s sincerely felt belief that white folks can’t catch a break in America. I’m sure it does. But it’s also part of a long and extraordinarily successful Republican project to convince white voters that minorities in general and African Americans in particular enjoy a panoply of free benefits from the government that make their lives comfortable and easy. It’s a lie, but it’s extraordinarily widespread.

Waldman reminds us that regular viewers of Fox News, readers of Breitbart, and fans of Rush Limbaugh and his ilk are constantly inundated with “evidence” supporting white racial grievance. It’s a central theme in the media that shapes conservative reality.

Hate groups and so-called “alt-right” organizations have grown dramatically since the Presidential campaign–a campaign that saw Trump endorsed by the KKK, David Duke and other panicky “race warriors” who had slithered from under their rocks to revile and demean an African-American President.

The Guardian recently reported on a gathering in Tennessee of one such group.

This weekend, American Renaissance held its annual conference at a venue in Montgomery Bell state park, an hour west of Nashville, Tennessee. Attendees and speakers clearly felt a growing confidence. They have seen appreciable growth in membership of established and emerging far-right groups. They have also seen the election as president of Donald Trump.

Speakers at the event addressed subjects including “Race realism and race denialism” and “Has the white man turned the corner?” One considered “The Trump report card – so far”….

Many were millennials. Though all attendees wore conference dress code – jacket and tie – more than a few younger men sported the “fashy haircut”, short back and sides with a severe parting, which has become a signature of the so-called alt-right.

Many such young men lined up for selfies with Richard Spencer, the president of the white nationalist National Policy Institute thinktank who has achieved fame since greeting the election result with a cry of “Hail Trump”.

This resurgence of open, unapologetic racism is profoundly depressing. Like most sentient Americans, I realized that these attitudes still existed, but I’ve been appalled by how widespread and overt their expression has become in the Age of Trump.

When Trump’s poll numbers finally bottom out, we’ll have a pretty good idea what percentage of our fellow citizens are willing to jettison American ideals in return for continued White Christian privilege.

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Trump’s “Perverse Miracle”

E.J. Dionne is always thought-provoking, but his column yesterday about the collapse of (small-d) democratic norms at both ends of Pennsylvania Avenue–and especially his description of the President’s current twitter storm attacking Jeff Sessions–was, as the saying goes, “dead on.”

Trump’s latest perverse miracle is that he has progressives — along with everyone else who cares about the rule of law — rooting for Sessions. The attorney general is as wrong as ever on voter suppression, civil rights enforcement and immigration. But Sessions did one very important thing: He obeyed the law.

When it was clear that he would have obvious conflicts of interest in the investigation of Russian meddling in our election and its possible links to the Trump campaign, Sessions recused himself, as he was required to do.

Trump’s attacks on Sessions for that recusal are thus a naked admission that he wants the nation’s top lawyer to act illegally if that’s what it takes to protect the president and his family.

My only quibble with this analysis is the assumption– implicit in the description–that Trump understands the difference between legality and illegality. His entire career calls into question his comprehension of law as distinct from power.

To the extent that his mental processes could be called “thought,” it appears that Trump approaches law as the ability to wield authority. The central notion of the rule of law–that no one is above the law, that rules are created in conformance with certain standards of fundamental fairness, and that they apply to everyone, irrespective of wealth or status–is clearly outside his comprehension.

Even Sessions–a contemptible bigot who has spent much of his professional life opposed to rational policies if they advanced equal rights–understood his obligation to remove himself from a situation in which he had an obvious conflict of interest.

Gail Collins summed up the situation with her usual mordant humor:

Now Trump wants Sessions gone so he can replace him with an attorney general who will fire special counsel Robert Mueller. Sessions can’t do it because he recused himself from all things Russia-related.

Mueller’s probe into the Trump camp’s relationship with Russia terrifies the president, especially if it involves an investigation of Trump family finances. So obviously, we are rooting for Sessions to stay right where he is … and, um, keep persecuting immigrants, ratchet up imprisonments for nonviolent crimes and maybe go back to his old dream of imposing the death penalty on marijuana dealers.

Well, I told you this was about irony.

In just over six months, Trump has the whole country rooting for the lesser of two evils….a “perverse miracle” indeed.

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Jeff Sessions, Drugs and the Late Lamented GOP

Jeff Sessions is a poster boy for the contemporary GOP–a perfect example of its takeover by racists, misogynists and anti-intellectuals, and its retreat from (and misapplication of) its philosophical roots.

Nowhere is the intellectual and moral corruption Sessions represents clearer than in his enthusiasm for re-instituting the War on Drugs–a counterproductive effort that even the rank and file of the GOP has largely abandoned.

Whether Sessions’ determination to go after marijuana, as well as harder drugs, is a result of his inability or unwillingness to understand the research, or is prompted by investments in the private prison industry, as has been speculated, is beside the point. In either case, Sessions is an example of the division–the abyss– between thoughtful adherents of principled conservatism and the ideologues who appeal to a far less thoughtful Republican base.

Nothing makes those contemporary Republican divisions clearer than a recent issue of Policy Analysis, a publication of the Cato Institute. Whether one agrees with its positions or not, Cato is indisputably home to legitimate scholars who make principled and consistent arguments for a libertarian point of view that used to be widely accepted–albeit never dominant–within the GOP.

Unlike today’s Republicans, Cato does not confine its application of libertarianism to economic issues and the boardroom while cheerfully endorsing theocratic control of personal behaviors.

The Institute’s current research adds to the great weight of evidence against Session-like drug policy, as the introduction makes clear:

Proponents of drug prohibition claim that such policies reduce drug-related crime, decrease drug-related disease and overdose, and are an effective means of disrupting and dismantling organized criminal enterprises.

We analyze the theoretical underpinnings of these claims, using tools and insights from economics, and explore the economics of prohibition and the veracity of proponent claims by analyzing data on overdose deaths, crime, and cartels. Moreover, we offer additional insights through an analysis of U.S. international drug policy utilizing data from U.S. drug policy in Afghanistan. While others have examined the effect of prohibition on domestic outcomes, few have asked how these programs impact foreign policy outcomes.

We conclude that prohibition is not only ineffective, but counterproductive, at achieving the goals of policymakers both domestically and abroad. Given the insights from economics and the available data, we find that the domestic War on Drugs has contributed to an increase in drug overdoses and fostered and sustained the creation of powerful drug cartels. Internationally, we find that prohibition not only fails in its own right, but also actively undermines the goals of the Global War on Terror.

Right now, all eyes are on the harm being done to our nation by the embarrassing buffoon in the Oval Office and his cabinet of theocrats and incompetents. That harm is real. But an even greater and more long-term harm comes from the collapse of a once-respectable political party capable of articulating a serious, intellectually challenging conservative philosophy.

Much as partisans like to believe it, no political party has all the answers to the dilemmas of modern society. Without the advantage of adult conversation and debate, without the ability to consider and evaluate contending good-faith approaches to our common problems, America can’t move forward.

As long as the GOP remains dominated by clones of Jeff Sessions — in thrall to a rigid ideology, bound to partisan litmus tests, and convinced that genuine consideration of probative evidence is tantamount to betrayal– we all lose.

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