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.

Fact Checkers, Acting Attorney General, & Barack Obama Versus Trump’s Immigration Ban

Donald Trump’s immigration ban has resulted in massive protests, including from the acting attorney general who has refused to fight legal challenges to the executive action.

“I am responsible for ensuring that the positions we take in court remain consistent with this institution’s solemn obligation to always seek justice and stand for what is right,” Ms. Yates wrote in a letter to Justice Department lawyers. “At present, I am not convinced that the defense of the executive order is consistent with these responsibilities nor am I convinced that the executive order is lawful.”

The decision is largely symbolic — Mr. Trump’s nominee to be attorney general, Senator Jeff Sessions, is likely to be confirmed soon — but it highlights the deep divide at the Justice Department and elsewhere in the government over Mr. Trump’s order…

“For as long as I am the acting attorney general, the Department of Justice will not present arguments in defense of the executive order, unless and until I become convinced that it is appropriate to do so,” she wrote.

Now we just need the Democrats to hold up the confirmation of Jeff Sessions.

The Trump White House has tried to justify the executive action by falsely comparing it to previous actions of Barack Obama.  The fact check sites have debunked this claim, with Glenn Kessler giving it Three Pinocchios:

So what’s the difference with Trump’s action?

First, Obama responded to an actual threat — the discovery that two Iraqi refugees had been implicated in bombmaking in Iraq that had targeted U.S. troops. (Iraq, after all, was a war zone.) Under congressional pressure, officials decided to reexamine all previous refugees and impose new screening procedures, which led to a slowdown in processing new applications. Trump, by contrast, issued his executive order without any known triggering threat. (His staff has pointed to attacks unrelated to the countries named in his order.)

Second, Obama did not announce a ban on visa applications. In fact, as seen in Napolitano’s answer to Collins, administration officials danced around that question. There was certainly a lot of news reporting that visa applications had slowed to a trickle. But the Obama administration never said it had a policy to halt all applications. Indeed, it is now clear that no ban was put in place. Even so, the delays did not go unnoticed, so there was a lot of critical news reporting at the time about the angst of Iraqis waiting for approval.

Third, Obama’s policy did not prevent all citizens of that country, including green-card holders, from traveling to the United States. Trump’s policy is much more sweeping, though officials have appeared to pull back from barring permanent U.S. residents.

Jon Finer further debunked the Trump administration’s attempts to compare their actions to actions under Obama:

There are so many reasons to detest the Donald Trump administration’s executive order on “Protecting the Nation from Foreign Terrorist Entry into the United States,” that it’s hard to know where to start.

Others have already argued eloquently about its cruelty in singling out the most vulnerable in society; its strategic folly in insulting countries and individuals the United States needs to help it fight terrorism (the ostensible purpose of the order in the first place); its cynical incoherence in using the September 11 attacks as a rationale and then exempting the attackers’ countries of origin; its ham-handed implementation and ever-shifting explanations for how, and to whom, it applies; and, thankfully, its legal vulnerability on a slew of soon-to-be-litigated grounds, including that it may violate the Establishment and Equal Protection clauses of the U.S. Constitution.

Finer then discussed “five enormous differences between the executive order the White House issued on Friday and what the Obama administration did.” These can be reviewed in the full article, expanding upon what the fact check sites have posted. He concluded by debunking Trump’s claims that the list of seven countries came from the Obama administration:

Bonus: Obama’s “seven countries” taken out of context: Trump’s claim that the seven countries listed in the executive order came from the Obama administration is conveniently left unexplained. A bit of background: soon after the December 2015 terror attack in San Bernadino, President Obama signed an amendment to the Visa Waiver Program, a law that allows citizens of 38 countries to travel to the United States without obtaining visas (and gives Americans reciprocal privileges in those countries). The amendment removed from the Visa Waiver Program dual nationals who were citizens of four countries (Iraq, Iran, Sudan, and Syria), or anyone who had recently traveled to those countries. The Obama administration added three more to the list (Libya, Somalia, and Yemen), bringing the total to seven. But this law did not bar anyone from coming to the United States. It only required a relatively small percentage of people to obtain a visa first. And to avoid punishing people who clearly had good reasons to travel to the relevant countries, the Obama administration used a waiver provided by Congress for certain travelers, including journalists, aid workers, and officials from international organizations like the United Nations.

Barack Obama has also rejected Trump’s comparisons to his policies, and expressed support for the demonstration, saying “American values are at stake.”

Update: Donald Trump has fired Acting Attorney General Sally Yates after she ordered DOJ  lawyers not to defend Trump’s ban.

Trump’s Immigration Ban Is Wrong, Counterproductive, Unnecessary, And Possibly Illegal

Donald Trump’s first week in office showed that we definitely need extreme vetting for presidential candidates, not immigrants. Trump’s immigration ban is already creating considerable harm to many people, as The New York Times reported:

President Trump’s executive order on immigration quickly reverberated through the United States and across the globe on Saturday, slamming the border shut for an Iranian scientist headed to a lab in Boston, an Iraqi who had worked as an interpreter for the United States Army, and a Syrian refugee family headed to a new life in Ohio, among countless others.

Around the nation, security officers at major international gateways had new rules to follow. Humanitarian organizations scrambled to cancel long-planned programs, delivering the bad news to families who were about to travel. Refugees who were airborne on flights when the order was signed were detained at airports.

Reports rapidly surfaced Saturday morning of students attending American universities who were blocked from getting back into the United States from visits abroad. One student said in a Twitter post that he would be unable to study at Yale. Another who attends the Massachusetts Institute of Technology was refused permission to board a plane. Stanford University was reportedly working to help a Sudanese student return to California.

Human rights groups reported that legal permanent residents of the United States who hold green cards were being stopped in foreign airports as they sought to return from funerals, vacations or study abroad — a clear indication that Mr. Trump’s directive is being applied broadly.

This ban includes people with green cards who are legally U.S. residents.

These regulations are also unnecessary and counterproductive. This plays into arguments from ISIS that the United States is engaging in a war on Islam, and (like drone attacks) will likely help recruit future terrorists. Vox pointed out that the ban is not even directed towards the countries which have posed the greatest threat. The ban does exclude countries where Trump has done business. Besides, The United States already had a strict, and lengthy, vetting process for immigrants. PolitiFact wrote in 2015:

Before a refugee even faces U.S. vetting, he or she must first clear an eligibility hurdle. The United Nations High Commissioner for Refugees — or occasionally a U.S. embassy or another NGO — determines which refugees (about 1 percent) should be resettled through its own process, which can take four to 10 months.

As we noted in a previous fact-check, once a case is referred from the UNHCR to the United States, a refugee undergoes a security clearance check that could take several rounds, an in-person interview, approval by the Department of Homeland Security, medical screening, a match with a sponsor agency, “cultural orientation” classes, and one final security clearance. This all happens before a refugee ever gets onto American soil…

For refugees from Syria and similar countries, however, the process can span two years, a spokesperson for the State Department told the Voice of America in September. Experts confirmed that two years is the average review duration for Syrian refugees, which means that some wait even longer…

The length and thoroughness of the U.S. vetting system sets it apart from the “chaotic, dangerous process” for refugees fleeing into Europe by sea, said Geoffrey Mock, the Syrian country specialist for Amnesty International USA. Refugees enter European countries as asylum seekers and are granted access into the country without a thorough vetting from the UN. Scrutiny comes later.

“No vetting process can make guarantees, but the population identified by the UN and vetted by both organizations has worked successfully in alleviating crises in dozens of other countries, including Iraq, the Democratic Republic of Congo, Somalia and the Central African Republic,” Mock said. “There’s no reason to believe Syria will be any different.”

In other words, the process for admitting a Syrian asylum seeker into France is much simpler than the process for resettling a Syrian refugee into the United States.

“The U.S. refugee program is incredibly controlled. You can be 99.9 percent sure that guy wouldn’t have gotten here,” Limón said. “I understand the kneejerk reaction but you’re painting a very broad brush stroke. Refugees, by definition, are fleeing terrorism. What happened in Paris, they’ve experienced. They’ve seen family members slaughtered and their houses burnt and they’re running for their lives.”

There are questions as to whether this is even legal. David Bier of the Cato Institute wrote in The New York Times:

More than 50 years ago, Congress outlawed such discrimination against immigrants based on national origin.

…Mr. Trump asserts that he still has the power to discriminate, pointing to a 1952 law that allows the president the ability to “suspend the entry” of “any class of aliens” that he finds are detrimental to the interest of the United States.

But the president ignores the fact that Congress then restricted this power in 1965, stating plainly that no person could be “discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth or place of residence.” The only exceptions are those provided for by Congress (such as the preference for Cuban asylum seekers)…

While courts rarely interfere in immigration matters, they have affirmed the discrimination ban. In the 1990s, for example, the government created a policy that required Vietnamese who had fled to Hong Kong to return to Vietnam if they wanted to apply for United States immigrant visas, hwile it allowed applicants from other countries to apply for visas wherever they wanted. A federal appeals court blocked the policy.

The Guardian also questions if this is constitutional:

Legal scholars have been divided for months about whether Trump’s proposals would hold under the constitution. Congress and the White House share authority to decide eligibility for citizenship and entry into the country, and the supreme court has never directly confronted whether religion could stand as a valid reason to exclude some people over others. Trump’s orders do not explicitly name Islam but clearly target Muslim-majority countries, meaning it could test the constitution’s guarantees of religion and due process, as well as the president’s authority over immigration in general.

Subsequently Trump has said that “Christians will be given priority over other refugees seeking to enter the United States,” making this look even more clearly like an act based upon religion.

Whether or not Trump’s actions are legal or Constitutional, they are certainly morally wrong, as well as counterproductive.

Update: Federal judge rules against Trump’s refugee ban.

Trump Executive Orders Include Expanding Global Gag Rule On Abortion & Reinstating Black Site Prisons Closed Under Obama

Donald Trump’s use of executive orders have confirmed the worst fears about what we would see from a Trump presidency. Everyone who is aware of the policy assumed Trump would reinstate the global gag rule which, since Reagan, has been in place under all Republicans and reversed when Clinton and Obama were in office. This prohibits American foreign aide to organizations involved in providing abortions. What we did not anticipate, and most did not even realize immediately, was that Trump expanded this policy considerably. Michelle Goldberg did notice this and wrote in Slate:

In the past, the global gag rule meant that foreign NGOs must disavow any involvement with abortion in order to receive U.S. family planning funding. Trump’s version of the global gag rule expands the policy to all global health funding. According to Ehlers, the new rule means that rather than impacting $600 million in U.S. foreign aid, the global gag rule will affect $9.5 billion. Organizations working on AIDS, malaria, or maternal and child health will have to make sure that none of their programs involves so much as an abortion referral. Geeta Rao Gupta, a senior fellow at the United Nations Foundation who previously served as deputy executive director of UNICEF, gives the example of HIV/AIDS clinics that get U.S. funding to provide antiretrovirals: “If they’re giving advice to women on what to do if they’re pregnant and HIV positive, giving them all the options that exist, they cannot now receive money from the U.S.”

This makes Trump significantly worse than George W. Bush regarding the gag rule. Bush at least did specifically exempt support for an AIDS program, the President’s Emergency Plan for AIDS Relief (PEPFAR) from the global gag rule:

Scott Evertz, who served as director of the White House Office of National AIDS Policy under George W. Bush, tells me, “It would have been impossible to treat HIV/AIDS in the developing world as the emergency that PEPFAR said it was if the global gag rule were to be applied to the thousands of organizations with which those of us involved in PEPFAR would be working.” Evertz offers the example of a standalone health clinic in the slums of Nairobi, Kenya. Would the U.S. have to certify that it never referred any of its patients to an abortion provider before enlisting it in the fight against AIDS?  “The notion of applying the global gag rule to them would have made it impossible to implement the program,” he says.

Other executive orders involve building the border wall and curtailing immigration, limiting Obamacare, backing the Keystone XL and Dakota Access oil pipelines, and Trump is now reportedly preparing an executive order which would reopen “black site” prisons closed under Obama. The New York Times reports on the later:

The Trump administration is preparing a sweeping executive order that would clear the way for the C.I.A. to reopen overseas “black site” prisons, like those where it detained and tortured terrorism suspects before former President Barack Obama shut them down.

President Trump’s three-page draft order, titled “Detention and Interrogation of Enemy Combatants” and obtained by The New York Times, would also undo many of the other restrictions on handling detainees that Mr. Obama put in place in response to policies of the George W. Bush administration.

If Mr. Trump signs the draft order, he would also revoke Mr. Obama’s directive to give the International Committee of the Red Cross access to all detainees in American custody. That would be another step toward reopening secret prisons outside of the normal wartime rules established by the Geneva Conventions, although statutory obstacles would remain.

Mr. Obama tried to close the prison at Guantánamo Bay, Cuba, and refused to send new detainees there, but the draft order directs the Pentagon to continue using the site “for the detention and trial of newly captured” detainees — including not just more people suspected of being members of Al Qaeda or the Taliban, like the 41 remaining detainees, but also Islamic State detainees. It does not address legal problems that might raise…

Elisa Massimino, the director of Human Rights First, denounced the draft order as “flirting with a return to the ‘enhanced interrogation program’ and the environment that gave rise to it.” She noted that numerous retired military leaders have rejected torture as “illegal, immoral and damaging to national security,” and she said that many of Mr. Trump’s cabinet nominees had seemed to share that view in their confirmation testimony.

“It would be surprising and extremely troubling if the national security cabinet officials were to acquiesce in an order like that after the assurances that they gave in their confirmation hearings,” she said.

Saturday’s Rallies Will Hopefully Be The Start Of A Strong Anti-Trump Protest Movement

Donald Trump got off to a poor start with an attack on the press by his press secretary, while Saturday was a good day for the start of an anti-Trump protest movement. The excitement seen in the participation in the anti-Trump marches shows what could have happened if the Democratic Party was not so foolish as to give Hillary Clinton the nomination. Reporters covering the event found that many women motivated to march against Trump did not see Hillary Clinton as a choice which motivated them to turn out to vote. With a better candidate we could now have a Democratic president and a Democratic Senate.

It is estimated that three times as many people marched in Washington than turned out for Donald Trump’s inauguration on Friday. Millions more protested in other cities. It remains to be seen whether this will be a sustained movement, but it was an impressive start. The tape of Donald Trump bragging about grabbing women did not derail his campaign as many thought at the time, but the tape has come back to haunt him. Many protestors wore pussy caps. Others, such as Supergirl star Melissa Benoist used this in their signs.

While the protests were in progress, Donald Trump and press secretary Sean Spicer were attacking the press. Donald Trump is as defensive about the small crowds at his inauguration as he is about his “small hands” and what that represents. Speaking at the CIA, Donald Trump even said, “I have a running war with the media.” Ezra Klein wrote that “Trump’s real war isn’t with the media. It’s with facts.”

Trump then had press secretary Sean Spicer call an impromptu briefing in which Spicer lashed the press for estimating crowd size. “Nobody had numbers, because the National Park Service does not put any out,” he insisted. Seconds later, he said: “This was the largest audience ever to witness an inauguration, both in person and around the globe.”This, along with much else Spicer said, was plainly untrue. But there’s a strategy at work here. The Trump administration is creating a baseline expectation among its loyalists that they can’t trust anything said by the media. The spat over crowd size is a low-stakes, semi-comic dispute, but the groundwork is being laid for much more consequential debates over what is, and isn’t, true.

Delegitimizing the institutions that might report inconvenient or damaging facts about the president is strategic for an administration that has made a slew of impossible promises and takes office amid a cloud of ethics concerns and potential scandals.

It also gives the new administration a convenient scapegoat for their continued struggles with public opinion, and their potential future struggles with reality. This kind of “dishonesty from the media,” Spicer said, is making it hard “to bring our country together.” It’s not difficult to imagine the Trump administration disputing bad jobs numbers in the future, or claiming their Obamacare replacement covers everyone when it actually throws millions off insurance.

Spicer ended the statement on a warning. “There has been a lot of talk in the media about the responsibility of holding Donald Trump accountable. I am here to tell you that it goes two ways. We are going hold the press accountable as well.”

This is reminiscent of the credibility gap during the Vietnam war. If Trump will outright lie about verifiable facts such as these which are of limited significance, it is doubtful that he will hesitate to lie when it comes to justifying actions while at war, or defending his policies. We have already seen this type of disregard for the truth throughout his campaign. Kellyanne Conway said that the White House press secretary gave “alternative facts.” Alternative facts sure looks like another word for lies.

The White House is being called out for their lying from both the left and the right.  The Weekly Standard wrote:

Crowd size does not matter. At all. It is not correlative with any conceivable marker of presidential success.

Which leads us to the question of why Spicer rushed out on Day 2 of the administration to begin his relationship with the press by insisting on a blatant, demonstrably false, lie. And please understand: That’s what this is. It is not spin, or misrepresentation, or cutting a fine line. It’s a deliberate lie.

And the answer is that this isn’t about Sean Spicer. He’s already been caught lying in the recent past…

Rule #1 for press relations is that you can obfuscate, you can misrepresent, you can shade the truth to a ridiculous degree, or play dumb and pretend not to know things you absolutely do know. But you can’t peddle affirmative, provable falsehoods. And it’s not because there’s some code of honor among press secretaries, but because once you’re a proven liar in public, you can’t adequately serve your principal. Every principal needs a spokesman who has the ability, in a crunch, to tell the press something important and know that they’ll be believed 100 percent, without reservation.

It is debatable as to how much crowd size matters, but I do find it encouraging to see  both that crowd size was much smaller than for Barack Obama’s inauguration, and that far more people were motivated to protest against Trump than to see him inaugurated as president. While it is bad that the White House is already lying to us, it is at least better that most realize when they are lying. If the election had turned out slightly differently in a few states, Hillary Clinton could be president, but we would still have a president who cannot be trusted. Instead of turning out to protest, many of those protesting on Saturday would be defending her and, as we saw during the campaign, this would including defending her false statements. While many of the protesters did vote for Hillary Clinton, many also cheered when Michael Moore said the “old guard” has to go and that “We have to take over the Democratic Party.”