Late Night Comedians On Republicans & Internet Privacy

Yesterday, the House of Representatives voted to get rid of internet privacy rules. Members cast their vote, then immediately ran home to delete their browser histories. –Conan O’Brien

I guarantee you there is not one person, not one voter of any political stripe anywhere in America who asked for this. No one in America stood up in a town hall and said, ‘Sir, I demand you let somebody else make money off my shameful desires. Maybe blackmail me someday.’ –Stephen Colbert

Aren’t we passed this point now? Our phones are already spying on all of us. Today I just looked at a bowl of fruit and two minutes later my Facebook page was covered with ads for Banana Republic–James Corden

This bill has been passed by the House and the Senate and will now go to Trump for signing. And Trump says he is going to sign it, because remember, privacy only matters when we are talking about his tax returns. –James Corden

United States Fails To Attend Human Rights Hearing

The United States government refused to attend a hearing of the Inter-American Commission on Human Rights as it was planning to raise questions regarding the Trump administration’s actions including its travel ban. The American Civil Liberties Union posted the above picture of the empty chairs where the US delegation would sit, and issued this statement:

The United States has pulled its participation from hearings planned for today by a regional human rights body that has enjoyed the support of every U.S. administration since its founding.

The Inter-American Commission on Human Rights is meeting in Washington, D.C., for a regular session covering human rights issues spanning North and South America. The hearings today are scheduled to cover the Trump administration’s attempt to ban immigration from six predominantly Muslim countries, its immigration enforcement and detention policies, and its approval of the Dakota Access Pipeline. The ACLU is testifying on Tuesday at hearings that can be livestreamed here.

In the past, when U.S. governments have sought to express displeasure at having their records scrutinized, they have occasionally protested by sending lower-level officials. But today’s refusal to engage the commission at all is a deeply troubling indication of its disrespect for human rights norms and the institutions that oversee their protection…

The Trump administration’s refusal to engage with an independent human rights body, which has played a historic role in fighting impunity and barbaric military dictatorships in the region, sets a dangerous precedent that mirrors the behavior of authoritarian regimes and will only serve to embolden them. It is a worrying sign that the administration, which has also said it would review future engagement with the U.N. Human Rights Council, is not only launching an assault on human rights at home. Rather it’s upping the ante and weakening the institutions that hold abusive governments accountable.

Just Security received a response from the Trump administration stating they did not attend as matters were under litigation (an excuse which sounds a lot like Trump’s refusal to release his tax returns because he was being audited):

The Trump administration said it didn’t attend two Tuesday hearings of the Inter-American Commission on Human Rights because the topics being discussed are related to matters currently in litigation, according to the U.S. State Department. The Commission, which is meeting in Washington, D.C. this week to discuss human rights issues in North and South America, planned to discuss on Tuesday, the new U.S. travel ban, the Trump administration’s immigration enforcement and detention policies, and the administration’s approval of the Dakota Access Pipeline.

“The two thematic hearings held today related, directly or indirectly, to matters currently in litigation,” and “participants at both thematic hearings included parties to such ongoing litigation,” a State Department official said in a statement to Just Security. “We note that our decision not to participate in these hearings does not have any bearing on current or future U.S. engagement with the Commission.”

How Donald Trump Has Hurt American Democracy, And How The ACLU Plans To Fight Back

Brian Klaas, a fellow in comparative politics at the London School of Economics, and author of The Despot’s Accomplice: How the West is Aiding and Abetting the Decline of Democracy, has written about five ways in which President Trump has already hurt American democracy — in just 50 days These include Trump’s attacks on the integrity of voting, the integrity of his own election, flouting ethics guidelines without consequence, attacks on the independent judiciary, causing tens of millions of Americans to further lose faith in basic institutions of American government, and his attacks on the free press. More on the final point:

Trump has attacked a cornerstone of every democracy: the free press. He has called legitimate media organizations “fake news” no fewer than 22 times on Twitter in the first 50 days — and many more times in speeches. Worse, Trump called the press the “enemy of the American People,” language that echoes Mao and Stalin rather than Ronald Reagan or John F. Kennedy.

Trump only views the press as a legitimate player in American democracy insofar as it is willing to affirm his narrative. To Trump, negative polls are fake. Unfortunately, his attacks are working. A recent Quinnipiac poll showed that 81 percent of Republicans agree that the media is “the enemy of the American people.” Eighty-six percent of Republicans trust Trump to tell the truth rather than the media (up from 78 percent just two weeks earlier). Throughout history, the blurring of the line between fact and fiction has been a critical precursor to the breakdown of democracy and the creeping advance of authoritarianism.

Klaas concluded:

The Constitution and checks and balances are not magical guardians. Documents don’t save democracy — people do. American democratic institutions are only as strong as those who fight for them in times of duress. This is one of those times, and this is just the beginning. It will be a long fight. To win it, Democrats and Republicans must set aside policy divides and unite in the defense of democracy.

The American Civil Liberties Union is preparing to engage in this defense of democracy, including learning from tools used by Bernie Sanders’ campaign. Reuters reports:

The American Civil Liberties Union is launching what it bills as the first grassroots mobilization effort in its nearly 100-year history, as it seeks to harness a surge of energy among left-leaning activists since the November election of Republican Donald Trump as U.S. president.

The campaign, known as PeoplePower, kicks off on Saturday with a town hall-style event in Miami featuring “resistance training” that will be streamed live at more than 2,300 local gatherings nationwide.

It will focus on free speech, reproductive rights and immigration and include presentations from legal experts, ACLU Executive Director Anthony Romero and “Top Chef” television star Padma Lakshmi.

Membership in the civil rights organization, which was founded in 1920, has tripled to more than 1 million since Trump’s election, the group says…

Suggested tactics, like the use of text messages as a mass mobilization tool, will mirror some of those employed by the insurgent presidential campaign of U.S. Senator Bernie Sanders, who mounted a surprisingly robust challenge to Hillary Clinton for the Democratic nomination.

“It’s completely unprecedented,” Romero said of the response since Trump’s victory. “People are wide awake right now and have been since the night of the election.”

Discussing Obamacare Replacement With A Republican Congressman

House Republicans have finally released their plan to replace Obamacare. I have a lot of concerns about the plan, such as whether the tax credits will be sufficient for low income families to afford health insurance, and their attack on Planned Parenthood.

I am going to wait until I have a chance to look at the details of the plan to discuss it in depth, but for other reasons I have found it a good day to blog about health care. Hours prior to the release of the plan, I met with my conservative Republican Congressman, Bill Huizenga, along with a few colleagues, to discuss health care. I figured it would be futile to change the mindset of a conservative Republican, but when I received the invitation I also thought I should make the attempt to try to explain how health care really works. After all, there is zero chance of changing anyone’s mind if no attempt is made to persuade them. I was also appreciative that he was willing to meet with a group which strongly disagreed with him on the issue, while many Republicans around the country are reportedly hiding from their constituents.

The first time I spoke today I made a point of explaining how I am self-employed and have purchased health care on the individual market for my entire life. Therefore I could definitely state that high premiums and high out of pocket expenses, often cited as a failing of the Affordable Care Act by Republican, have always been a characteristic of the individual market–and are not something created by Obamacare.

Discussion got bogged down for quite a while over philosophical issues, especially when someone referred to health care as a right. Congressman Huizenga disagreed. While I managed to get out most of what I wanted to say today, in a conversation with multiple people present, sometimes the topic changed before I got a chance to speak. I didn’t get a chance until after the meeting while speaking to a colleague that I can understand a Republican’s position in not seeing health care as a Constitutional right in the same way as civil liberties specifically expressed in the First Amendment. After all, the Founding Fathers would have never conceived of health care being as expansive, and expensive, as it is now. However, regardless of whether you want to call it a right, access to affordable health care is both highly desirable, and something which is expected in a modern, advanced, industrialized society such as the United States. We should do it regardless of whether you want to label it a right.

The limited nature of assured coverage in the United States, compared to the rest of the world, was an underlying thought in many of our comments. It did come up that 1) the sick can show up to the Emergency Room and will not be turned away and 2) a significant portion of the Medicare population consists of the disabled. In typical Republican dodging of the issue, the Congressman at one point tried to claim that this does provide some form of basic health care as people can go to the Emergency Room. I pointed out that it is one thing to receive coverage in the Emergency Room, but this does not mean that people will receive necessary follow up medical care, especially for the types of chronic medical conditions I typically treat, such as diabetes, heart failure, and emphysema. Initial stabilization in an Emergency Room is both costly and not adequate health care. Plus an Emergency Room physician present pointed out that being seen does not mean patients do not receive large bills, which could be well beyond their ability to pay.

Congressman Huizenga responded that the disabled can receive coverage on Medicare, but I pointed out that people with chronic medical problems are not necessarily disabled, especially if they receive adequate medical treatment. Someone with diabetes, for example, can live and work for many years with the condition. However, without adequate care, twenty years down the road they are far more likely to develop problems such as heart attacks, strokes, and renal failure.

The Congressman’s philosophy on limited government (which, like most Republicans, is terribly selective, ignoring everything from infringements on reproductive rights to today’s revised anti-Muslim travel ban), also influenced his responses. Before his arrival I had discussed with others how market solutions have not worked well, with insurance companies having developed a business strategy based upon collecting premiums and then finding ways to deny care. Congressman Huizenga brought up irrelevant matters such as restrictions on choice present in Canada and other countries which Americans might not tolerate. The typical Republican scare stories. My response was simply that we do not have to adopt the restrictions which he mentioned, regardless of what other countries have done. One point I did not manage to get in was that in the United States, private insurance plans are often far more restrictive on the choices which patients and physicians can make than the government Medicare program is.

The physicians present generally saw Obamacare as an improvement over the previous system, but not going far enough, with Medicare for All being seen as a preferable solution. As a couple of us discussed afterwards, this is a far easier sell for physicians, who see first hand the amount of time and money wasted in having to deal with multiple different insurance companies, with  multiple different sets of rules. Plus this has the huge advantage of taking the astronomical profits received by the insurance industry, and using that money to actually provide health care. (Medicare for All was promoted by Bernie Sanders in the 2016 nomination battle, leading to politically-based opposition from Hillary Clinton.)

If Medicare for All is too hard a sell immediately, I, and others, suggested phasing it in. I also mentioned ideas such as the public option and the Medicare buy-in which were considered when the ACA was being written, but died when the two most conservative Senators voting with the Democrats (Joe Lieberman and Ben Nelson) opposed the ideas. Either would help with the high costs on the individual market.

The  higher cost for caring for older individuals, with some of that cost spread to the premiums of younger purchasers, is a major problem in health care coverage.  I doubt insurance companies even want to cover their older customers, who are responsible for the bulk of their costs. Either outright lower the Medicare age (even if gradually, such as initially to 50 or 55, and ultimately to around 40) or allow a Medicare buy-in.

After the Congressman left, his Legislative Director remained for a brief time and suggested that Americans would not go for expanding a government program such as Medicare. While a typical Republican thought, it does not hold up. I pointed out that we all do wind up on a government program, with most people going on Medicare at age 65. Not only are Americans failing to rebel at the though of going on Medicare at age 65, many look forward to the opportunity. Remember all those tea party protests with signs like “Keep Government Out Of My Medicare.”

My parting comment to Congressman Huizenga before he left was that Republicans must move beyond their anti-Obama rhetoric and actually address the problem. I related how for the past eight years I have often heard patients blame Obama for anything wrong with the health care system, even if it was over matters not even related to the Affordable Care Act. However, in early January, before Donald Trump even took office, I started to hear patients blame Trump for their healthcare problems. Republicans now “own” healthcare and must deliver.

I have my doubts as to whether the plan released today does deliver, but I do want to take a look at the details beyond what is in the initial news stories I have read.

Trump Losing Fights With Media, But Far Too Many Believe Him

Public Policy Polling reports, Trump Badly Losing His Fights With Media, but their findings do show that the news media, and reality, are doing far less well than they should. From their findings:

PPP’s newest national poll finds that Donald Trump is losing all of his fights with the media- and voters really think he needs to reduce his cable news consumption.

62% of voters nationally think Trump should keep his cable watching to less than an hour a day, and 82% think he needs to keep it under 2 hours a day. Just 6% of voters in the country think it’s a good idea for Trump to spend more than 2 hours a day watching cable news.

Last week Trump declared that the news media was the ‘enemy of the American people’ but we find that only 35% of voters believe that, to 53% who say that isn’t the case. By a 48/44 spread they say it is actually Trump who is the greater threat to the American people than the media. We asked voters who they thought had more credibility between Trump and each of the outlets he singled out for attack last week, and Trump loses out to every one of them by double digits.

They put up various media outlets in head to head polls against Donald Trump. The New York Time came out the best, beating Trump by a 52 to 40 percent margin. NBC, CNN, ABC, and CBS came out just slightly less well, beating Trump by ten to eleven points.

They also reported that, “We also in general find that voters find the media outlets Trump considers hostile to him credible, while it finds the outlets more friendly to him less credible.” They compared the number seeing each media outlet as credible versus not credible and reported net credibility. The New York Times and the major network news had net credibility ranging from 19 to 25. CNN lagged behind at 15 but still was seen far better than Fox, which had a positive net credibility at 6. Daily Caller, Info Wars and Breitbart had negative net credibility ranging from negative 31 to negative 36.

To a pollster’s mind this would be a big victory, but we are not looking at general election polling. In a general election, a win of ten points or more would be a landslide. While we saw how a three point victory was not enough for Clinton to win in the Electoral College, there is no question she would have had a large victory in the electoral college if she could have achieved a ten point victory.

However, this is not a general election poll. I still find it discouraging that in a question of who is more credible, Donald Trump, who has lied every day since taking office, is seen as more credible than major media outlets by forty percent of those polled. At least the more mainstream media was seen as more credible than the right wing sources which do intentionally spread misinformation.

This is not to say that the media doesn’t have its faults. CNN, for example, concentrates on star power over in depth coverage. They spend a tremendous amount of time with talking heads trying to tell people what they should think as opposed to giving the facts. Despite these faults, their errors in fact are rare compared to the constant deluge of alternative facts spread by Donald Trump and his administration. It is valid to complain that CNN presents superficial coverage and biased opinions. That is not the same as being “fake news.”

Donald Trump has received considerable well-deserved criticism for his attacks on the news media, including calling the media the”enemy of the American people.” Trump continued to attack the media at CPAC today, including a threat that “we’re going to do something about it.” He claimed that he was only attacking “fake” news, but his attacks have included many mainstream media outlets. He bases his attacks on coverage which is negative towards him as opposed to opposing news which is actually fake.

The Trump administration has also been packing the press briefings and his new conference with friendly newspapers and blogs and primarily taking questions from these sources. They have escalated this in blocking news media they see as unfriendly to them from covering today’s briefing. The Hill reports:

Spicer decided to hold an off-camera “gaggle” with reporters inside his West Wing office instead of the traditional on-camera briefing in the James S. Brady Press Briefing Room.

Among the outlets not permitted to cover the gaggle were news organizations President Trump has singled out for criticism, including CNN.

The New York Times, The Hill, Politico, BuzzFeed, the Daily Mail, BBC, the Los Angeles Times and the New York Daily News were among the other news organizations not permitted to attend.

All We Hear About Is Trump, But The Resistance Is Winning (So Far)

If you feel that all we hear about these days is Donald Trump, you are right. Due to a combination of factors including his breaks with conventional norms and his own use of social media, Donald Trump is dominating the news more than is usual for a newly-elected president. His impact on the media extends beyond the conventional news. Farhad Manjoo even found a way to measure this:

Consider data from mediaQuant, a firm that measures “earned media,” which is all coverage that isn’t paid advertising. To calculate a dollar value of earned media, it first counts every mention of a particular brand or personality in just about any outlet, from blogs to Twitter to the evening news to The New York Times. Then it estimates how much the mentions would cost if someone were to pay for them as advertising.

In January, Mr. Trump broke mediaQuant’s records. In a single month, he received $817 million in coverage, higher than any single person has ever received in the four years that mediaQuant has been analyzing the media, according to Paul Senatori, the company’s chief analytics officer. For much of the past four years, Mr. Obama’s monthly earned media value hovered around $200 million to $500 million. The highest that Hillary Clinton got during the presidential campaign was $430 million, in July.

It’s not just that Mr. Trump’s coverage beats anyone else’s. He is now beating pretty much everyone else put together. Mr. Senatori recently added up the coverage value of 1,000 of the world’s best known figures, excluding Mr. Obama and Mr. Trump. The list includes Mrs. Clinton, who in January got $200 million in coverage, Tom Brady ($38 million), Kim Kardashian ($36 million), and Vladimir V. Putin ($30 million), all the way down to the 1,000th most-mentioned celebrity in mediaQuant’s database, the actress Madeleine Stowe ($1,001).

The coverage those 1,000 people garnered last month totaled $721 million. In other words, Mr. Trump gets about $100 million more in coverage than the next 1,000 famous people put together. And he is on track to match or beat his January record in February, according to Mr. Senatori’s preliminary figures.

This includes Trump dominating conversation beyond the news. He is everywhere on Facebook, Twitter, Digg, and Reddit. He comes up elsewhere:

It wasn’t just news. Mr. Trump’s presence looms over much more. There he is off in the wings of “The Bachelor” and even “The Big Bang Theory,” whose creator, Chuck Lorre, has taken to inserting anti-Trump messages in the closing credits. Want to watch an awards show? Say the Grammys or the Golden Globes? TrumpTrumpTrump. How about sports? Yeah, no. The president’s policies are an animating force in the N.B.A. He was the subtext of the Super Bowl: both the game and the commercials, and maybe even the halftime show.

It is impossible to ignore Trump. His impact has been seen in many areas already, but probably the most on immigration. This excites the haters on the right, and is met with appalled criticism from others. The New York Times is not exaggerating in writing, Mr. Trump’s ‘Deportation Force’ Prepares an Assault on American Values.

Probably the most fearful narrative about Donald Trump is that he is an authoritarian, in Putin’s mold. There has been increased attention paid to George Orwell’s  1984 and other books about authoritarianism. Jonathan Chait has looked at these fears:

The prospect that President Trump will degrade or destroy American democracy is the most important question of the new political era. It has received important scholarly attention from two basic sources, which have approached it in importantly different fashions. Scholars of authoritarian regimes (principally Russia) have used their knowledge of authoritarian history to paint a road map by which Trump could Putinize this country. Timothy Snyder, Masha Gessen, and other students of Putin’s methods have essentially treated Putinization as the likely future, and worked backward to the present. A second category of knowledge has come from scholars of democracy and authoritarianism, who have compared the strengths and weaknesses of the American system of government both to countries elsewhere that have succumbed to authoritarianism and those that have not. Their approach has, more appropriately, treated Trump’s authoritarian designs as an open question. Trump might launch an assault on the foundations of the republic. On the other hand, he might not.

What are the signs of impending authoritarianism? Trump has rhetorically hyped violence, real or imaginary, committed by enemy groups, while downplaying or ignoring violence or threats from friendlier sources. He said nothing about a white-supremacist terror attack in Canada that killed six people before denouncing a knife attack a few days later by an Islamist radical in France that killed nobody. He quickly directed a government program on countering violent extremism to focus exclusively on Muslim radicalism and stop work halting white-supremacist terrorism. Just as he urged his campaign crowds to rough up protesters, he treated news that pro-Trump bikers would patrol his inauguration not as a threat to create chaos but as a welcome paramilitary force. “That’s like additional security with those guys, and they’re rough,” he gleefully told reporters. Trump’s rhetoric follows a pattern of politicizing violence, simultaneously justifying stringent government action against enemies he has designated while tacitly justifying vigilantism by extremists sympathetic to his cause.

Since his election, Trump has obsessively fabricated a narrative in which he is the incarnate of the will of the people. According to his own concocted history, he won a historically large Electoral College victory, and would have also won the popular vote if not for millions of illegal votes. He has dismissed protesters against him as paid agents, denied the legitimacy of courts to overrule his actions, and, most recently, called mainstream media “enemies of the people.” This is an especially chilling phrase to hear from an American president. Totalitarian dictators like Stalin and Mao used designation of a political figure or a social class as an “enemy of the people” as a prelude to mass murder.

Fortunately, while Trump has done many undesirable things, the talk of the loss of American democracy remains only talk. Checks and balances on the presidency still work. We are seeing the start of a strong anti-Trump protest movement. While far too many liberals were willing to ignore Hillary Clinton’s extremist positions on American interventionism, with many even defending her positions on Iraq, Libya, and Syria, and ignore her views on restricting civil liberties which are nearly as far right as those of Donald Trump, the left (and others) are already forming a resistance against Trump. Chait notes that, at least for now, the resistance has the upper hand:

It is worth noting that, so far, normal political countermobilization seems to be working quite well. “The Resistance,” as anti-Trump activists have come to be known, has already rattled the once-complacent Republican majorities in Congress, which Trump needs to quash investigations of his corruption and opaque ties to Russia. Whatever pressure Trump has tried to apply to the news media has backfired spectacularly. His sneering contempt has inspired a wave of subscriptions that have driven new revenue to national media, which have blanketed the administration with independent coverage. Popular culture outlets, rather than responding to Trump’s election by tempering their mockery, have instead stepped it up, enraging the president.

The most plausible (to me) mechanism by which Trump might ensconce himself in power was laid out by Matthew Yglesias three months ago. The scenario Yglesias described would be one in which Trump used the authority of the federal government to compel large firms to give him political support. Companies that opposed him, or who even refused to offer support, might be punished with selectively punitive regulation, while those that played ball might be rewarded with lax enforcement of labor, antitrust, or other regulation.

So far there is no evidence such a scenario is playing out. To be sure, Trump is attempting, sporadically, to bully the private sector. But the effort has backfired. Firms whose leaders make favorable statements about the president have seen their stock get hammered. A long list of prominent CEOs has openly criticized Trump. The reason for this is obvious. Trump’s supporters may have disproportionate power in the Electoral College, but his opponents have disproportionate power in the marketplace. Firms cater in their advertising to the young, who overwhelming oppose Trump, rather than to the old, who strongly support him.

If Trump has a plan to crush his adversaries, he has not yet revealed it. His authoritarian rage thus far is mostly impotent, the president as angry Fox-News-watching grandfather screaming threats at his television that he never carries out. The danger to the republic may come later, or never. In the first month of Trump’s presidency, the resistance has the upper hand.

Trump Continues To Receive Criticism For His Attacks On The News Media

Donald Trump’s attack on the media as an enemy of the American people has received widespread criticism. Carl Bernstein has called Trump’s attacks on the media worse than those which came from Richard Nixon:

“Trump’s attacks on the American press as ‘enemies of the American people’ are more treacherous than Richard Nixon’s attacks on the press,” former Washington Post reporter Carl Bernstein said Sunday on CNN.

Trump’s comments — made publicly, whereas Nixon attacked his enemies in private — brought to mind “dictators and authoritarians, including Stalin, including Hitler,” Bernstein said.

He immediately walked back a comparison to the Nazi leader, while doubling down on the comparison to Nixon.

Bernstein — whose reporting of the Watergate break-in and coverup helped bring about Nixon’s resignation — said Trump’s rhetoric is potentially more dangerous than Nixon’s attacks on the news media.

“There is no civic consensus in this country like there was at the time of Watergate about acceptable presidential conduct,” Bernstein said on “Reliable Sources.”

“Trump is out there on his own, leading a demagogic attack on the institutions of free democracy,” he said. “We are into terrible authoritarian tendencies.”

“We’re not enemies of the American people,” Bernstein said on CNN. “In fact, we’re the last resort of the American people to a dictatorial and authoritarian-inclined president.”

Even Fox was critical of Trump, with Chris Wallace saying he crossed the line:

Fox News anchor Chris Wallace cautioned his colleagues and the network’s viewers Sunday that President Trump’s latest attack on the media had gone too far.

“Look, we’re big boys. We criticize presidents. They want to criticize us back, that’s fine,” Wallace said Sunday morning on “Fox & Friends.” “But when he said that the fake news media is not my enemy, it’s the enemy of the American people, I believe that crosses an important line.”

The “Fox & Friends” anchors had shown a clip of Trump recounting that past presidents, including Thomas Jefferson and Abraham Lincoln, had fought with the press. They then asked Wallace whether Trump’s fraught relationship with the media was a big deal.

In response, Wallace told his colleagues that Jefferson had also once written the following: “And were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.”

Context was important, Wallace said. All presidents fight with the media, but Trump had taken it a step further in making them out to be “the enemy,” he added.

“Yes, presidents have always had — and politicians have always had — problems with the press. They want good press. The press doesn’t always give it to them,” Wallace said. “But what Jefferson [was saying] is, despite all of our disputes, that to the functioning of a free and fair democracy, you must have an independent press.”

My previous post on this subject quoted John McCain in criticizing Trump, along with other comparisons to Richard Nixon.

John McCain isn’t the only Republican who has been critical of Donald Trump recently. The Wall Street Journal has a story on how Justin Amash, a libertarian-leaning Congressman from Michigan, has emerged as “Leading Critic of Fellow Republican Donald Trump.”

President Donald Trump’s “constant fear-mongering’’ about terrorism is “irresponsible and dangerous.’’ He needs to “stop attacking the legitimacy of the judiciary.’’ He picked an attorney general with “anti-liberty” positions on surveillance and police seizure of property…

Mr. Amash says his opposition is based on principle, as a libertarian concerned about government overreach and adherence to the Constitution. While many Republican lawmakers hold similar beliefs, Mr. Amash has been an especially outspoken proponent of smaller government, even on issues—such as reducing surveillance—where his views put him out of step with the more mainstream elements of the GOP.

Donald Trump Versus Freedom Of The Press

Donald Trump got off to what might be the worst first month of a presidency since William Henry Harrison (who died after his first month in office). While  the apparently impotent White House chief of staff Reince Priebus denies it is a reset, The Washington Post reports that Trump attempts a reset with a rally, new staff and a renewed fight with the media. Regardless of whether it is part of a reset, Donald Trump appears to be further escalating his war on the media. This includes some of his latest Tweets, such as this one proclaiming the media to be “the enemy of the American People.”

Balloon Juice responded to the Tweet in asking if Trump is “a paranoid, unhinged demagogue who doesn’t understand the role of the press in a free society.”

The news media, broadcast more than press, does have serious problems, but we must not confuse legitimate criticism of the media with opposition to the free press, or ignore the importance of the role of the press in a free society. Just look at Donald Trump’s Twitter account, or watch his last press conference. Imagine if there was no free press, and this was our main source of information. Look at the media in totalitarian societies. With all failings of the news media, their reporting is far more representative of reality than what we would get from Trump. As John McCain warned, “That’s how dictators get started.”

CHUCK TODD: I’m curious of your reaction to a tweet that the president sent Friday night. “The fake news media, failing New York Times, NBC News, ABC, CBS, CNN is not my enemy. It is the enemy of the American people.” You believe the press is the enemy? You believe any group of Americans are the enemy of another group of Americans?

JOHN MCCAIN: I was talking about the period as, you know, of the new world order. A fundamental part of that new world order was a free press. I hate the press. I hate you especially. But the fact is we need you. We need a free press. We must have it. It’s vital. If you want to preserve – I’m very serious now – if you want to preserve democracy as we know it, you have to have a free and many times adversarial press. And without it, I am afraid that we would lose so much of our individual liberties over time. That’s how dictators get started.

CHUCK TODD: That’s how dictators get started, with tweets like that?

JOHN MCCAIN: No. They get started by suppressing free press. In other words, a consolidation of power when you look at history, the first thing that dictators do is shut down the press. And I’m not saying that President Trump is trying to be a dictator. I’m just saying we need to learn the lessons of history.

Daniel Politi put this in further historical perspective at Slate:

Trump blasting the news media is nothing new, of course. Even a day earlier, Trump uttered the phrase “fake news” seven times during a White House news conference. Yet labeling the media the “enemy of the American people” seemed to take things to a new level and many quickly drew parallels to tyrants throughout history that were fond of the phrase. Although it harkens back to ancient Rome, many remember that the phrase was used during the purges ordered by Soviet dictator Josef Stalin. “It is one of the most controversial phrases in Soviet history,” explained Mitchell Orenstein, professor of Russian and East European studies at the University of Pennsylvania. “What it basically meant was a death sentence.”

The expression was also a favorite of China’s Mao Zedong, who used the “enemies of the people” label against anyone who opposed his policies. Identifying and later punishing those enemies was central to Mao’s rule. A Chinese journalist, Li Yuan, pointed out the parallel on Twitter, noting that “every dissenting voice was ‘the enemy of the people’ under Mao.”

Beijing seems to be welcoming this fresh attack on the news media with glee. China’s state-run newspaper Global Times noted in an editorial that Trump’s “war with mainstream media” would make it difficult for the president to challenge Beijing on “ideological” issues such as human rights. “His war with mainstream media makes it difficult for Trump to ally with the media on [the] ideological front against China,” the newspaper said. “Many have predicted that Trump’s presidency would exacerbate the recession of liberalism.”

Presumably we will also hear some Democrats speaking out against Trump, but far too often they give the impression of opposing Trump more based upon opposition politics and not principles. The Democratic Party has put itself in a poor position to defend civil liberties after nominating someone with as conservative a record on First Amendment issues as Hillary Clinton in 2016. (The nomination of Clinton similarly weakens the position of Democrats on foreign policy and matters of government corruption.)

While written before his latest attack on the media, Jonathan Rauch looked at comparable problems under Richard Nixon and George Bush when writing Containing Trump for the The Atlantic:

The 45th president, Donald Trump, might pose the gravest threat to the constitutional order since the 37th. Of course, he might not. Perhaps we’ll get Grown-up Trump, an unorthodox and controversial president who, whatever one may think of his policies and personality, proves to be responsible and effective as a chief executive. But we might get Infantile Trump, an undisciplined narcissist who throws tantrums and governs haphazardly. Or perhaps, worse yet, we’ll get Strongman Trump, who turns out to have been telegraphing his real intentions when, during the campaign, he spread innuendo and misinformation, winked at political violence, and proposed multiple violations of the Constitution and basic decency. Quite probably we’ll get some combination of all three (and possibly others).

If we get Strongman Trump or Infantile Trump, how would we protect our democratic institutions and norms? “Don’t be complacent,” warns Timothy Naftali, a New York University historian who was the founding director of the Nixon presidential library. “Don’t assume the system is so strong that a bad president will be sent packing. We have someone now saying things that imply unconstitutional impulses. If he acts on those impulses, we’re going to be in the political struggle of our lifetimes.” Meeting that challenge, I think, hinges on whether civil society can mobilize to contain and channel Trump. Fortunately, that’s happening already.

It’s tempting to think of Trump as a fluke, and to believe that at the end of his administration everything will return to normal. Many people hold a darker view, though—among them Yascha Mounk, the co-founder of a new watchdog group called After Trump. A lecturer on government at Harvard and a fellow at the New America Foundation, Mounk thinks the stakes are high. “Most people,” he told me, “are thinking about Trump as a policy problem: how he will lead to the deportation of undocumented immigrants or lead the U.S. to pull out of the Paris climate agreement. But I think Trump is also potentially an authoritarian threat to the survival of liberal democracy.”

The bad news is that we are not seeing any signs of this fictional Grown-up Trump. The good news is that resistance is already mounting to Strongman Trump and Infantile Trump:

“Civil society had a huge and unprecedented impact during the Bush administration,” Goldsmith told me. The networks that constrained Bush are still there, and Trump has put them on red alert. “Every single thing he does will be scrutinized with an uncharitable eye,” Goldsmith said. “That’s true of most presidents, but it’s true to an even greater degree with Trump.”

The forces are already mobilizing. In the first five days after the election, the American Civil Liberties Union saw what it called the greatest outpouring of support in its history: more than $7 million from 120,000 contributors, a 25 percent increase in Facebook followers (to nearly 1 million), and 150,000 additions to its email list. By early January, the ACLU had raised an impressive $35 million online, from almost 400,000 contributors. Meanwhile, according to Politico, progressive donors were discussing “forming a liberal equivalent to the right’s Judicial Watch, which spent much of the past eight years as a thorn in the Obama administration’s side, filing legal petitions under the Freedom of Information Act.”

I have seen evidence of mobilization firsthand. Just days after the election, a friend told me that he and others were organizing a network of law firms willing to provide pro bono legal services to people fending off harassment or bullying by the new administration or its allies. Before November was out, the Niskanen Center, a center-right think tank in Washington, announced a project to bring together intellectuals and activists and politicians (especially Republicans) to make the case for liberal democracy, hold the line against incursions, and try to prevent Trump’s excesses from being normalized. “It’s important for people coming from the center and center-right to resist the forces and ideas coming out of the Donald Trump campaign,” Jerry Taylor, the center’s director, told me. “We’ll be keeping a very close eye on administration undertakings and events on Capitol Hill, and when things cross the line we will be energetically pushing back.”

Update: Trump Continues To Receive Criticism For His Attacks On The News Media

Bad Day For Trump’s Immigration Ban And Trump Conflicts Of Interest

There were two setbacks for the Trump administration today. The more significant was an appeals court ruling against Trump’s travel ban:

A three-judge federal appeals panel on Thursday unanimously refused to reinstate President Trump’s targeted travel ban, delivering the latest and most stinging judicial rebuke to his effort to make good on a campaign promise and tighten the standards for entry into the United States.

The ruling was the first from an appeals court on the travel ban, and it was focused on the narrow question of whether it should be blocked while courts consider its lawfulness. The decision is likely to be quickly appealed to the United States Supreme Court.

That court remains short-handed and could deadlock. A 4-to-4 tie in the Supreme Court would leave the appeals court’s ruling in place.

I’ve seen some Trump supporters write this off to a decision of a liberal court. Note that this three judge court ruled unanimously on the issue, including a judge appointed by George W. Bush. (The other two were appointed by Carter and Obama). This ruling was not partisan, considering how blatantly Trump’s Muslim ban violates the Constitution.

Also today, Kellyanne Conway was “counseled” after she broke ethics rules in promoting Ivanka Trump’s products while speaking at the White House.

The White House on Thursday said a top adviser to President Trump had been “counseled” after using a television appearance from the West Wing to promote the clothing and jewelry line sold under the brand of Trump’s daughter…

Experts quickly seized on Conway’s remarks as a direct violation of Office of Government Ethics rules. Don W. Fox, a former OGE general counsel and now the office’s acting director, said Conway’s statements were “jaw-dropping” and “a clear violation of rules prohibiting misuse of public office for anyone’s private gain.”

Peter Schweizer, who has worked closely with Trump chief strategist Stephen K. Bannon and wrote a book, “Clinton Cash,” that was critical of donations to the Clinton Foundation, said, “They’ve crossed a very, very important, bright line, and it’s not good.”

“To encourage Americans to buy goods from companies owned by the first family is totally out of bounds and needs to stop,” Schweizer added. “Clearly, the Trumps feel some of this is related to politics. But whether that’s true or not, these marketing battles need to be fought by Ivanka and her company. They cannot and should not be fought by government employees and the White House.”

I imagine that being  Conway being “counseled” is comparable to when Hillary Clinton was told that she should be using a government server for her email when she was found to be ignoring this rule. Hopefully Conway pays more attention. More importantly, hopefully the entire Trump administration pays more attention–perhaps starting with Donald Trump releasing his income tax returns.

Realistically this is a relatively trivial incident. If anything, being promoted by Conway might even further reduce Ivanka’s sales, which have been suffering by the poor opinion about her father. What is more important are the vast conflicts of interest present in the financial interests of Trump’s family (along with the financial interests of some of his cabinet appointees).

Most of the examples will probably turn out to be more mundane actions in which government actions might benefit Trump’s business holdings. One of the more interesting examples was repeated in the same article linked above:

The Conway episode followed other instances in which Trump’s political rise and his presidency have provided a promotional platform for the family businesses.

On Monday, first lady Melania Trump filed a lawsuit accusing a British news company of publishing an inaccurate story that hurt her ability to take advantage of a “once in a lifetime opportunity” to build her brand of jewelry and accessories. The lawsuit said that the August 2016 article, which falsely suggested Melania Trump had once worked for an escort service, damaged her ability to build “multimillion dollar business relationships for a multi-year term” and damaged her brand during a time when Trump “is one of the most photographed women in the world.”

Bowling Green Massacre And Nomination of Betsy DeVos Promote Further Protests

After being mocked for her alternative facts in using a Bowling Green Massacre which never existed to justify Donald Trump’s Muslim ban, Kellyanne Conway admitted she was wrong said that, “Honest mistakes abound.” This was after the Bowling Green Massacre became the subject of further demonstrations. The New York Daily News reported:

New Yorkers can be a sentimental — and satirical — bunch.

That’s why it was no surprise that an impromptu vigil was held Friday honoring the Bowling Green massacre victims that never were.

“We’re commemorating the victims of Bowling Green,” said Chris Bauer as he stifled a smile. “It never happened so they were never commemorated.”

Bauer and a handful of others stood near the Lower Manhattan park, holding signs and shouting, “We all are Bowling Green, never remember never forget.”

The protests against Donald Trump’s Muslim ban included the cover of The New Yorker, showing “Liberty’s Flameout.”

The protest was international, including this cover of Der Spiegel:

Fortunately the ban has been temporarily lifted by a federal judge appointed by George W. Bush, promoting Donald Trump to make his own protests on Twitter. While he might not like it, Donald Trump is slowly being forced to learn that there are limitations on his power. In addition, there are reports that he is backing away from the idea floated last week of reopening black site prisons.

Protests against Trump are likely to be commonplace over the next four years (unless impeachment or 25th Amendment solutions make this unnecessary). The Washington Post reports on How protesters plan to get under Trump’s skin wherever he goes:

This is the reality of Trump’s honeymoon-free presidency.

Having sought to create unprecedented disruption in Washington, his critics will now seek to bring unprecedented disruption to his life as president — including demonstrations that follow him when he travels, and protests that will dog his businesses even when he doesn’t.

Already this week, Trump — the most unpopular new president in modern times — canceled a trip to visit Harley-Davidson in Milwaukee, where local groups had planned to protest his appearance; the White House said the protests were not the reason for the cancellation.

And, around the business empire that Trump still owns, his critics treat each location as an avatar for the president.

 

The Muslim ban is not the only reason for protests this weekend. Others are protesting the appointment of Betsy DeVos as Education secretary. Comedian Mike Birbiglia tweeted, “Betsy DeVos teaches us that if you’re born rich, never go to public schools, and hate public schools, someday you can run public schools.” With two Republican Senators saying they will vote against DeVos, supporters of public education are hoping to obtain a third Republican to flip, but the odds do not look good.