More stories

  • in

    Ramsey Clark, attorney general who represented Saddam Hussein, dies at 93

    Ramsey Clark, who was attorney general in the Johnson administration before becoming an outspoken activist for unpopular causes and a harsh critic of US policy, has died. He was 93.Clark, whose father, Tom Clark, was attorney general and a supreme court justice, died on Friday at his Manhattan home, a family member announced.After serving in President Lyndon B Johnson’s cabinet in 1967 and 1968, Clark set up a private law practice in New York in which he championed civil rights, fought racism and the death penalty and represented declared foes of the US including former Yugoslav president Slobodan Milosevic and Sheik Omar Abdel Rahman. He also defended former Iraqi leader Saddam Hussein.The New York civil rights attorney Ron Kuby, who worked with Clark on numerous cases, said his death was “very, very sad in a season of losses”.“The progressive legal community has lost its elder dean and statesman,” Kuby said. “Over many generations, Ramsey Clark was a principled voice, conscience and a fighter for civil and human rights.”Clark defended antiwar activists. In the court of public opinion, he charged the US with militarism and arrogance, starting with the Vietnam war and continuing with Grenada, Libya, Panama and the Gulf war. When Clark visited Iraq after Operation Desert Storm and returned to accuse the US of war crimes, Newsweek dubbed him the Jane Fonda of the Gulf war.Clark said he only wanted the US to live up to its ideals. “If you don’t insist on your government obeying the law, then what right do you have to demand it of others?” he said.The lanky, soft-spoken Texan went to Washington in 1961 to work in John F Kennedy’s justice department. He was 39 when Johnson made him attorney general in 1967, the second-youngest ever – Robert Kennedy had been 36.Supreme court justice Tom Clark, Harry Truman’s attorney general before he joined the high court in 1949, swore in his son, then retired to avoid the appearance of conflict of interest.Ramsey Clark said his work drew him into the civil rights revolution, which he called “the noblest quest of the American people in our time”. He also maintained opposition to the death penalty and wiretapping, defended the right of dissent and criticized FBI director J Edgar Hoover when no one else dared take him on.As Johnson’s attorney general, Clark had the job of prosecuting Dr Benjamin Spock for counseling Vietnam-era youths to resist the draft, a position with which he sympathized.“We won the case, that was the worst part,” he said years later.The Dallas-born Clark, who was in the US Marine corps in 1945 and 1946, moved his family to New York in 1970 and set up a pro bono-oriented practice. He said he and his partners were limiting their annual personal incomes to $50,000, a figure he did not always achieve.“Money’s not an interest of mine,” he said, but at the same time he was meeting steep medical bills for his daughter, Ronda, who was born with severe disabilities. He and his wife, Georgia, who were married in 1949, also had a son, Thomas, a lawyer.Clark took one shot at elective office, losing a 1976 Democratic Senate primary to Daniel P Moynihan.Clark’s client list included such peace and disarmament activists as the Harrisburg seven and the Plowshares eight. Abroad, he represented dissidents in Iran, Chile, the Philippines and Taiwan, and skyjackers in the Soviet Union.He was an advocate for Soviet and Syrian Jews but outraged many Jews over other clients. He defended a Nazi prison camp guard fighting extradition and the Palestine Liberation Organization in a lawsuit over the killing of a cruise ship passenger by hijackers.There were usually two to three dozen active cases on Clark’s legal calendar, and about 100 more in the background. Capital punishment cases were a staple.“We talk about civil liberties,” he said. “We have the largest prison population per capita on Earth. The world’s greatest jailer is the freest country on Earth?” More

  • in

    National debt: critics cry hypocrisy as Republicans oppose Biden spending

    The response was as uniform as it was predictable.When Joe Biden unveiled an audacious $1.9tn coronavirus relief package, Senator Rick Scott of Florida warned: “I think one thing the Biden administration really has to focus on is the risk of what all this debt is going to do to us.”When the president followed up with $2tn for infrastructure, Mitch McConnell, the Senate minority leader, made clear his opposition: “If it’s going to have massive tax increases and trillions more added to the national debt, it’s not likely.”Republicans are beating the drum of small government and fiscal responsibility. Critics say they are only doing so because Democrats control the purse strings. They argue that past Republican administrations have shown little regard for the spiralling national debt.The charge of hypocrisy could hamper efforts to stall or pare down Biden’s ambitions. After Donald Trump’s cavalier spending, and tax cuts for the rich, the GOP faces a battle for credibility.“Republicans spent the better part of the Obama presidency talking about ‘tax and spend liberals’ and ‘living within our means’ and balancing budgets and debt and deficits and then, as soon as they got the reins of power, all of that went out the window and they spent money like drunken sailors,” said Kurt Bardella, a former Republican aide, now a Democrat.“…They spent it on the rich, on the wealthy, on corporate interests. The hypocrisy of the Republican party when it comes to spending and deficits is just another example of how almost every facet of traditional conservatism has been abandoned during this Trump era … if Donald Trump released the same plan Joe Biden did, they would be all for it.”Republicans talk a good game on debt but their record tells a different story. Ronald Reagan, worshipped by many as the patron saint of “responsible” spending, left office having almost tripled the national debt and having cut taxes for the rich. George W Bush doubled the debt with military spending after 9/11 – and more tax cuts.In 2016, Trump promised to eliminate the debt within eight years. It was then about $20tn. By October 2020 it had reached $27tn – up almost 36% – thanks in large part to more tax cuts for the rich.This reality, combined with Biden’s plans, has stirred debate over whether the national debt actually matters. Experts disagree over how much debt is too much. Last year the debt exceeded GDP, but interest rates remain low.Janet Yellen, the treasury secretary, is most concerned about the need to stimulate recovery. She told Congress: “Right now, short-term, I feel we can afford what it takes to get the economy back on its feet, to get us through the pandemic, and to relieve the burdens that it is placing on households and small businesses.”Gus Faucher, chief economist at PNC Bank, agrees.“We have been through an unprecedented crisis, it makes sense that we would spend heavily to get out of it and the interest costs are so low right now it makes sense to spend heavily now so that we can return to normal,” he said.The debt does need to be addressed, he said, and hopefully better economic activity will bring it down: “We still need to figure out how to pay for the retirement of the baby boomers over the longer run but that’s a longer issue.”If rates move up quickly or if financial markets grow concerned about ability to pay back the debt “that would be a big concern”, Faucher added. “But I don’t see that on the horizon. I don’t think it’s a crisis right now.”For Maya MacGuineas, president of the non-partisan Committee for a Responsible Federal Budget, the national debt is a crisis waiting to happen.“Our debt is the highest it has been relative to the economy since the second world war and it is about to be the highest it has been ever,” she said. “It’s growing faster than the economy, that’s the definition of unsustainable.”That leaves the US “dangerously vulnerable” to economic and geopolitical challenges, she added, arguing that spending is not the problem so much as how borrowing is paid for. Washington has increasingly attempted to enact an agenda that is not paid for. Biden’s infrastructure plan is an exception, said MacGuineas, with a plan to pay in part by increasing corporate taxes.But too often the politics of borrowing are “dangerously shortsighted and there is always a political justification not to deal with it because paying for your priorities is much harder than pretending they pay for themselves”.The situation has been exacerbated by polarization that has left Washington “unable to do anything hard … the hypocrisy during the Trump era, where we massively grew the debt, massively grew spending and refused to deal with social security and Medicare challenges, was truly problematic.“Both sides see it so differently and they need to talk to each other. Republicans keep putting in irresponsible tax cuts pretending that they will pay for themselves, which they won’t. On the Democrat side there is a denial that we have a number of programs that are growing faster than the overall economy … for seniors, retirement and healthcare. There is an unwillingness to even acknowledge that those programs have to be fixed.”It is a situation that is unlikely to change in an era when “bipartisan” is a dirty word. “They have completely different stories they tell themselves,” she said.Biden has insisted he is open to talks on infrastructure and will meet Democrats and Republicans. But if Republicans attempt to play the national debt card, they are likely to be given short shrift.Larry Sabato, director of the Center for Politics at the University of Virginia, said: “Nobody even takes it seriously. When I see it, and I think there are millions of people like me, I just laugh. Do they really think our memories are that short?” More

  • in

    Making sense of conspiracy theorists as the world gets more bizarre

    In 1999 I sat in a Vancouver café with a group of anti-capitalist activists. They’d just returned from protesting the WTO in Seattle to find a new, far stranger foe in town – David Icke. He was there to lecture about how the ruling elite are actually child-sacrificing, blood-drinking paedophile lizards in human disguise.Nobody had ever suggested such a thing before, and the activists were working to get his books seized and destroyed. They were alarmed not just by the echoes of antisemitism but because something startling was happening. Icke was beginning to win over people who should have been on their side. I wrote back then that they were “seeing an omen of the blackest kind, the future of thought itself: a time when irrational thought would sweep the land”. But this wasn’t prophecy on my part. I thought they were probably being overdramatic.I spent much of the late 1990s chronicling the embryonic world of Satanic Hollywood lizard paedophile conspiracy theories for my book, Them: Adventures with Extremists, which turns 20 this week. Lately, of course, the theories have proliferated wildly – radicalising unparalleled swathes of YouTubers, inspiring an insurrection and reportedly in the past two years at least one murder and a suicide bombing. I feel lucky to have been there at its inception, but annoyed with myself for not anticipating quite how vast and malevolent things would get. Looking back, were there clues?It was a tip-off from a militant Islamist that alerted me to that fledgling world. In 1995 the director Saul Dibb and I began filming Omar Bakri Mohammed, who had just announced that he wouldn’t rest until he saw the flag of Islam flying over Downing Street.“Maybe,” our editor at Channel 4 said, “it’ll be the Islamic fundamentalist version of following around Hitler the watercolourist.”Omar Bakri’s jihad campaign was indeed so nascent we had to drive him to Office World to get his “Islam the Future for Britain” pamphlets photocopied. His sweet 13-year-old son Mohammed flapped around anxiously, watching the Malcolm X biopic and worrying that his father might one day be assassinated, too.Fifteen years later, Omar Bakri was imprisoned in Lebanon for supporting terrorism. His anxious teenage son Mohammed grew up, joined Isis, and was murdered by them, reportedly for cursing the Prophet Muhammad. It was heartbreaking. But these days when I recall the “Hitler the watercolourist” comment, I mostly remember a remark made by one of Omar’s circle during our first day’s reporting.The man was recounting his daydream of releasing a swarm of mice into United Nations headquarters when he suddenly asked if I was aware that the world was being secretly controlled by a network of shadowy cabals from secret rooms. A year later I met a Ku Klux Klansman in Arkansas who was consumed by the same shadowy cabal conspiracy theories, and that’s when it hit me: there was an under-chronicled relationship between 1990s political and religious extremism and conspiratorial thinking. So I started hanging around the conspiracy world.And, in hindsight, it was all clues. The most popular tables at the gun shows were frequently the ones selling the conspiracy VHS tapes – recordings of very long conversations between unengaging men in public access TV studios. They’d discuss how the Illuminati were the puppet masters behind the deaths at David Koresh’s church in Waco, or how the all-seeing eye on the dollar bill was evidence of the Illuminati’s takeover of the Federal Reserve. They were as dull as anything, but due to their scarcity the VHSs were passed around militia circles like rare jewels, gun-show Rosetta stones.Then there was Art Bell’s popular paranormal radio show, Coast to Coast AM, broadcast from Bell’s desert home in Pahrump, Nevada. Ten million Americans routinely tuned in to hear spellbinding night-time tales of ghosts and UFOs and conspiracies – like how the streaks of condensation you see coming from aeroplanes are actually chemicals designed to keep the masses docile. It was the perfect theory for the extremely lazy. No travelling was necessary, no trips to ancient rune sites or whatever. You only had to look out of your window and up into the sky to see the smoking gun. It was Miss Marple for those who wanted to expend as little physical exertion as possible.These days nothing much has changed, except instead of streaks of vapour and the dollar bill they’re deciphering clues in Beyoncé videos and Chrissy Teigen’s tweets. For QAnon to work, adherents have to allow themselves to believe that the secret paedophile elite, despite their Machiavellian genius, can’t resist leaving little visible pointers to their malevolent power, like a thief placing a monogrammed glove at the scene of the crime. It’s lucky for the armchair detective that that’s their achilles heel.Looking back then, it’s obvious that all the movement needed was a much better distribution system and some charismatic leaders, Art Bell being reclusive and not a tub-thumper.It turned out I had a knack for star-spotting future conspiracy luminaries – although, to be honest, it wasn’t hard. In the 1990s two men towered over the others in terms of oratory skills and engrossing theories – David Icke and Alex Jones.In 1991 Icke, then a popular BBC sports presenter, unexpectedly announced on Wogan that he was the son of God. The screams of laughter from the studio audience felt like a firing squad. When I met him soon afterwards he said of that interview: “One of my very greatest fears as a child was being ridiculed in public. As a television presenter people come up to you and shake your hand and talk to you in a respectful way. And suddenly, overnight, this was transformed into ‘Icke’s a nutter.’ I couldn’t walk down any street in Britain without being laughed at. That was so important for me in understanding how it was possible for a relatively few people in key positions to run the world. They do it by manipulating the way people think and feel.”I felt quite sure then, and still do, that he was right about that last part. The mainstream media loves to form a consensus about who the new most ridiculed person ought to be. The same is true of social media, of course. Sometimes these warring factions disagree, and a person monsterised by one clique is deemed a magnificent hero by another, but with each wild generalisation our grey areas become unfashionable and there’s a narrowing of what constitutes an acceptable person.All the conspiracy movement needed was charismatic leadersBut there was something that the mainstream media, in its hubris, failed to notice about David Icke: a growing number of people were feeling more aligned to him than to his tormentors. These were people who also, for their own reasons, felt ridiculed and shut out of the culture. And so when Icke re-emerged with his paedophile lizard theory he immediately began selling out concert halls across the world. It was an incredibly surprising and, I suspect, spiteful story born from injury: conspiracy theory as grievance storytelling. And it was a dangerous theory, with its appeals to paranoia and delusion.When sceptics are asked to explain why people succumb to conspiracy theories, they tend to say they offer a strange comfort – they allow people to make sense of a chaotic world. But I think there’s another, more often ignored reason. You get renaissances of conspiracy theories when the powerful behave in conspiratorial ways. The mystery is why the theorists are never happy with the actual evidence, and instead behave like amateur sleuths inside some magical parallel world where metaphors are facts. In that world, the deaths at David Koresh’s church in Waco were caused not by government overreach but by the Illuminati’s Satanic desire for blood sacrifice. Why they invariably slap a layer of fiction on top of an already fascinating truth had long been a puzzle to me, and to many others, too: a question I’ve been asked over and over is whether I think Alex Jones knows he’s lying when he tells his millions of listeners that, for instance, the Sandy Hook school shootings were “a giant hoax”.Finally, after 20 years, I think I’ve figured the answer out.I first met Alex Jones at the site of David Koresh’s church, five years after 76 Branch Davidians died there. I’d been told that an Austin conspiracy radio host was organising its rebuilding with listener donations. As I drove in I saw a bunch of militia people – bikers and separatists – hammering away, but when Jones wandered towards them they turned tongue-tied and star-struck. Jones was 26, unknown outside militia and Austin hipster circles, but clearly, as his future wife Kelly put it to me that week, “a new sensation”.I visited his home and watched him broadcast down an ISDN line in a child’s bedroom decorated with choo-choo train wallpaper. He was mesmerising. “We see decadent empires in their final stages of corruption as they become insane!” he yelled of the Waco siege. “Engaging in mass murder, just to do it! Are you going to be that Aztec villager who hands his child over to be lunchmeat for the priesthood?” Between his incredible eloquence and his disregard for the truth, he was unstoppable.But unlike David Icke, it turns out that Jones’s conspiratorial thinking has nothing to do with being ridiculed or cast out of society. Two years ago I visited some of his classmates for a story about his teenage years. He was raised by loving parents in a gated community in the Dallas suburb of Rockwall. According to everyone we spoke to, he wasn’t bullied at school. He was the bully – the most violent bully at Rockwall High. He beat one boy, Jared, almost to death. Jared says he has never fully recovered. (Jones claims he was defending himself.) And from the beginning, Jones was a conspiracy theorist. “He always had something to say about the teachers and the principal and the school cop,” Jared told me. “If we were at the pool hall, it was ‘the guy that owns the pool hall has called the DEA and they’re setting a deal up.’ It was weird, man. Everybody was like, what?”In 2017, I spent a few days in a courtroom watching Jones and his now ex-wife Kelly go through what divorce lawyers were calling Austin’s most acrimonious child custody hearing in living memory. At one point as I sat in the gallery a court psychologist, Alissa Sherry, was called to give evidence about Jones’s mental state. She testified that he had been diagnosed with narcissistic personality disorder.At first, I felt sad for him, wondering if he was embarrassed that a thing like that had come out in court. But I kept thinking about it and, honestly, it answers a lot of questions. High-scoring narcissists are prone to paranoia and black-and-white thinking. Through their eyes everyone is either wonderful or else they’re the enemy. (Often the wonderful person commits some minor transgression and instantly becomes the enemy; if you’ve been close to a narcissist you’ll probably recognise that “love-bomb, devalue, discard” relationship arc.) And narcissists need to feel like they’re the smartest person in the room – hence, I suspect, their reaching for conspiracy theories with their obnoxiously counterintuitive, superficially complex worldviews.With David Icke and Alex Jones the movement had found its stars. So now all it needed was a better distribution system. Unfortunately the one it got turned out to massively exacerbate our proclivity for paranoia and black-and-white thinking – social media algorithms.In 2020, the Wall Street Journal reported that Facebook executives had realised four years earlier that its algorithms were “exploiting the human brain’s attraction to divisiveness” – like the startling fact that 64% of users who joined extremist groups were enticed to do so by clicking on the “Groups you should join” and “Discover” buttons. Inside the company there was alarm. What might these rabbit holes be doing to users’ mental health and to society? Internal teams suggested numerous fixes – algorithmic tweaks to make the site more civil. But the executives nicknamed the proposals “Eat Your Veggies” and ignored them. (They argued that it was for reasons of fairness: there are more far-right pages on Facebook, so any changes would have disproportionately affected conservatives.) Facebook claimed in 2020 that it had changed in the years since these deliberations.Were I a conspiracy theorist, I could easily concoct a theory about the man instrumental in killing the recommendations. He was Facebook’s policy chief, Joel Kaplan. In 2000, when Kaplan was an adviser to George W Bush’s election campaign, he was present at the Brooks Brothers riot, where dozens of paid Republican operatives masquerading as concerned citizens stormed Miami-Dade polling headquarters with the goal of shutting down the recount. They pounded on windows and chanted “Stop the fraud!” In the ensuing chaos, the recount was abandoned and Bush was elected president.Between 2001 and 2009 Kaplan worked for the Bush administration’s policy and budget management offices. During that time the administration launched Operation Shock and Awe in Iraq. Shock and Awe was described by Naomi Klein’s Shock Doctrine as economic strategy: “the brutal tactic of using the public’s disorientation following a collective shock – wars, coups, terrorist attacks, market crashes or natural disasters – to push through radical pro-corporate measures”.And so Kaplan was right there at three pivotal moments in recent history when his employers’ goals were furthered by creating disorienting chaos. The tech utopians and their devotion to algorithms was the one clue I could never have anticipated. I could describe Kaplan as a player in a conspiracy. But what it really was, I suppose, is business. More

  • in

    What’s Donald Trump up to these days? I tried to find out via Instagram

    What do US presidents do once they leave the White House? Barack Obama kite-surfed with Richard Branson. Jimmy Carter returned to his peanut farm and found that it was $1m in debt. George W Bush got into painting.It’s early days, but Donald Trump’s post-presidential life has been just like his presidency: non-traditional. Aside from setting up an eyebrow-raising new website, and releasing wannabe tweets as official statements, he’s spent most of his time inside his new home at Mar-a-Lago, the giant and exclusive resort he owns in south Florida.We know very little about what he’s doing there, and after the unavoidable spectacle of his presidency, many people are probably comfortable with that. But for those still interested we decided to take a virtual holiday there, and look inside the gilded walls of Mar-a-Lago via the only way we could: Instagram.Using the Instagram page that collects all the public posts geotagged Mar-a-Lago, anyone can comb through thousands of photos and videos to see what’s been happening inside its gilded walls, and catch glimpses of what Trump has been up to.We know already that he recently crashed a wedding, giving a speech where he railed against Biden and China before raising a toast to himself, and then the happy couple. But that’s not everything. Here’s what we found from guests’ photos:Trump loves to surprise Mar-a-Lago membersTaking photos with fans is something all past presidents do. But there is still something unique about how Trump lives at his own resort, wakes up in the morning and walks throughout his new home taking photos with its paying members.In one video uploaded recently from Mar-a-Lago, Trump suddenly appears as a couple pose for engagement photos. He was also spotted wandering around a car show on 21 March hosted at the resort. And in March he appeared at a fundraiser for the Big Dog Ranch Rescue, a charity linked to Lara Trump that was recently in the news for spending almost $2m at Trump-owned properties in the last seven years.Trump has been mingling with Mar-a-Lago members for many years now. During his early presidency he even crashed a wedding right after receiving news of a North Korean missile test, while hosting the former Japanese prime minister Shinzo Abe. Trump told the wedding guests that he had bumped into the newlyweds earlier and tried to cajole Abe over to them. “I said to the prime minister of Japan, I said, ‘C’mon Shinzo, let’s go over and say hello. They’ve been members of this club for a long time. They’ve paid me a fortune.”Republican lawmakers are flocking to Mar-a-Lago to pay their respectsThe House minority leader, Kevin McCarthy, was the first top Republican to signal the party wasn’t abandoning Trump after the attack on Capitol on 6 January, when he appeared in a photo with Trump at Mar-a-Lago three weeks later.This seemingly opened the gates for Republicans to make the pilgrimage to Palm Beach and hobnob with Trump. Many of them have uploaded their photos with him to Instagram, or can be spotted in photos uploaded to the app. This includes the 25-year-old House representative from North Carolina Madison Cawthone, the former press secretary Sarah Huckabee Sanders, and the Republican extremist from Georgia Marjorie Taylor Greene.On 13 March a delegation of Alabama Republicans also presented Trump with a framed resolution at Mar-a-Lago, which declared him “one of the greatest and most effective presidents in the 245 year of this republic”.Very few guests seem to be wearing masks at the resort, but staff areIn many ways Mar-a-Lago is just another US venue where people don’t wear masks. Given the lack of mask-wearing at Trump’s White House, where he hosted at least one super-spreader event in the Rose Garden, it’s not surprising that many Mar-a-Lago guests are also mingling mask-free.But there’s something still striking about seeing so many maskless people inside a building owned by a former president who contracted Covid himself, had access to the best information about it, and whose mismanaged response to the crisis saw half a million Americans die from the virus.In one video uploaded on 13 March, the charity fashion show for Big Dog Ranch, (called Wine, Women and Shoes) is in full swing inside a huge function room. The room seems to be filled with hundreds of people. Another photo shows a slide projected on to a screen that reads “More than 47,000 lives saved since 2008”, referring of course to the dogs.None of the guests seem to be wearing masks, but the staff serving them are. Some may be vaccinated, but Covid is still very much a risk at Mar-a-Lago. The charity event took place just six days before the resort was partly closed due to an outbreak among its staff.Sylvester Stallone is visiting – and Roger Stone tooUnless you count the Trump family, Sylvester Stallone is the only celebrity I’ve been able to find in photos taken at Mar-a-Lago. From the date and caption it looks like he was there having dinner on 6 March when he took a photo with a fellow guest.In another photo uploaded less recently on 20 December, we can also see Roger Stone having a good time with another guest. Their caption on the photo reads “Only positive comments please … he was far nicer than someone else!”Trump is now showing off his office in Mar-a-Lago, where he pretends to boycott Coca-ColaYou may have seen the photo already of Trump posing with Stephen Miller in his Mar-a-Lago office – it’s by no means exclusive to Instagram.Seemingly set up to project an all-American work ethic (that we know from the last four years Trump doesn’t have), what’s most striking about the photo is the bottle of coke hidden behind Trump’s phone. Two days earlier, Trump had called on his supporters to boycott companies speaking out about Georgia’s new voting law which, funnily enough, included Coke. More

  • in

    The Agenda review: why Biden must expand the supreme court – fast

    If Congress follows Joe Biden’s $1.9tn Covid relief bill with an even more ambitious infrastructure bill, the new president could quickly claim the mantle of most transformative president since Franklin D Roosevelt.But this short, powerful new book by the legal journalist Ian Millhiser pinpoints the gigantic threat that could thwart most of the progress embodied in those two pieces of landmark legislation: the new 6-3 conservative majority on the supreme court.Writing clearly and succinctly, Millhiser dissects many of the worst opinions the modern court has rendered about voting rights, administrative law, religion and forced arbitration. After reading his cogent arguments, it becomes perfectly obvious why he thinks it’s necessary to end “with a note of alarm”.The extreme conservatives now steering the highest court may pose the single greatest “existential threat to the Democratic party’s national ambitions – and, more importantly, to liberal democracy in the United States … a Republican supreme court will fundamentally alter the structure of the American system of government” and “is likely to build a nation where … only conservatives have the opportunity to govern”.Trump’s greatest (and worst) achievement was the appointment of 234 federal judges, including three on the supreme courtHow radical are these justices? When the American Bar Association polled experts, 85% of them predicted all or most of the Affordable Care Act would be upheld. Then four supreme court justices voted to repeal it in its entirety. Clarence Thomas has suggested his predecessors were absolutely right to strike down child labor laws more than a century ago. The conservative justices on the current court rarely side with their liberal colleagues in 5-4 decisions – Samuel Alito has never done so. Chief Justice John Roberts dismantled much of the Voting Rights Act in 2013 and many observers think he is likely to join his newest colleague, Amy Coney Barrett, in a ruling this term that could complete the evisceration of the landmark civil rights legislation.Of course, most of the damage to voting rights has been done – and scores of state legislatures are poised to follow the loathsome example of Georgia by doing everything they can to make minority voting every more difficult than it already is.Millhiser does an especially good job of explaining the catastrophic effect of Roberts’ decision to no longer allow the justice department to require local jurisdictions to submit proposed voting rights law changes before they go into effect.This, he writes, gave state lawmakers “a profound incentive to enact gerrymanders and other forms of voter suppression even if those laws will ultimately be invalidated by a court order”, because “if the state gets to run just one rigged election under the invalid law”, it will already have advanced the racist goals of the law’s authors.Millhiser’s book is bulging with examples that prove that the same Republican justices who proclaim the need to rein in the executive branch whenever there is a Democrat in the White House have no trouble at all ignoring their imaginary “judicial philosophies” – as soon, say, as a Republican such as Donald Trump asserts a unilateral right to ban Muslims from entering the US.Trump’s greatest (and worst) achievement was the appointment of 234 federal judges, including three for the supreme court and 54 for the courts of appeals. This means there is only one Biden administration initiative which is potentially even more important than the Covid and infrastructure bills.It is the newly appointed commission charged with carrying out Biden’s campaign promise to investigate whether or not membership of the supreme court should be expanded – something that can be accomplished by a simple act of Congress.It’s no coincidence that Millhiser started making smart arguments to expand the court two years ago.In the words of Aaron Belkin, whose advocacy group Take Back the Court pushed for the rapid creation of the new commission, the current court “is a danger to the health and wellbeing of the nation and even to democracy itself”.“This White House judicial reform commission has a historic opportunity to both explain the gravity of the threat and to help contain it,” Belkin told USA Today.This great short book makes it clear that the breadth of the new commission’s ambitions and the success of the Biden administration in carrying them out will be more important to our nation’s future than everything else the president and Congress accomplish. More

  • in

    ‘Putin-style democracy’: how Republicans gerrymander the map

    Republicans believe they have a great chance to win control of the US House of Representatives in 2022, needing a swing of about six seats to depose Nancy Pelosi as speaker and derail Joe Biden’s agenda.To help themselves over the top, they are advancing voter suppression laws in almost every state, hoping to minimize Democratic turnout.But Republicans are also preparing another, arguably more powerful tool, which experts believe could let them take control of the House without winning a single vote beyond their 2020 tally, or for that matter blocking a single Democratic voter.That tool is redistricting – the redrawing of congressional boundaries, undertaken once every 10 years – and Republicans have unilateral control of it in a critical number of states.“Public sentiment in 2020 favored Democrats, and Democrats retained control of the House of Representatives,” said Samuel Wang, a professor of neuroscience and director of the Princeton gerrymandering project. “[But] because of reapportionment and redistricting, those factors would be enough to cause a change in control of the House even if public opinion were not to change at all.”While redistricting gives politicians in some states the opportunity to redraw political boundaries, reapportionment means there are more districts to play with. After each US census, each of the 50 states is awarded a share of the 435 House seats based on population. States gain or lose seats in the process.The threat of extreme gerrymandering is more acute today than it has ever beenOwing to population growth, Republican states including Texas, Florida and North Carolina are expected to gain seats before 2022, although the breakdown has not been finalized, with the 2020 census delayed by the coronavirus pandemic.Republican-controlled legislatures will have the power to wedge the new districts almost wherever they see fit, with a freedom they would not have enjoyed only 10 years ago, owing to a pair of controversial supreme court rulings.“The threat of extreme gerrymandering is more acute today than it has ever been because of the combination of an abandonment of oversight by the courts and the Department of Justice, combined with new supercomputing powers,” said Josh Silver, director of Represent.us. The non-partisan group issued a report this month warning that dozens of states “have an extreme or high threat of having their election districts rigged for the next decade”.“Frankly,” Silver said, “what we’re seeing around gerrymandering by the authoritarian wing of the Republican party is part of the Putin-style managed democracy they are promoting – that combination of voter suppression and gerrymandering.”Rules for who controls redistricting vary from state to state. The process can involve state legislatures acting alone, governors or independent commissions. Maps are meant to stand for 10 years, although they are subject to legal challenges that can result in their being thrown out.The new Republican gerrymandering efforts are expected to focus on urban areas in southern states that are home to a disproportionate number of voters of color – meaning those voters are more likely to be disenfranchised.In Texas, mapmakers could try to add districts to the growing population centers of Houston and Dallas-Fort Worth without increasing representation of the minority and Democratic voters who account for that growth. In Florida they might add Republican voters to a growing Democratic district north of Orlando. In North Carolina, where the Democratic governor is shut out of the process, Republican mapmakers might seek to add a district in the Democratic-leaning Research Triangle, in a way that elects more Republicans.Republicans could also seek to repay voters of colors in Atlanta who boosted Biden to victory and drove the defeat of two Republican senators in special elections in Georgia in January, by cracking and packing those voters into new districts.“Republicans could net pick up one seat by rearranging the lines around Black people and other Democrats in the Atlanta area,” Wang said.Racial gerrymandering – or using race as the central criterion for drawing district lines, as opposed to party identification or some other signifier – remains vulnerable to federal court challenges, unlike gerrymandering along partisan lines, which was declared “beyond the reach of the federal courts” by the supreme court chief justice, John Roberts, in 2019.A separate decision by Roberts’s court, in Shelby County v Holder from 2013, is seen as adding to the likelihood of gerrymandering. The ruling released counties with acute histories of racial discrimination against voters from federal oversight imposed by the 1965 Voting Rights Act. That means that in 2021, some southern legislators will draw district boundaries without such oversight for the first time in 50 years.‘Much more national awareness’Potential legal challenges aside, the success of Republican mapmakers is not a given. Turnout in future elections – higher or lower – could foil expectations based on historic patterns. The partisan mix of voters in any district can change unpredictably. And stretching a map to wring out an extra seat could leave incumbents vulnerable.Public awareness of such anti-democratic efforts has grown, said Wang, since a 2010 Republican effort called Redmap harvested dozens of “extra” seats.“There’s much more national awareness of gerrymandering,” Wang said. “And citizen groups are now much more in the mix than they were 10 years ago.”Silver said the gerrymandering threat has redoubled the urgency of advancing voting rights legislation that passed the US House but has stalled in the Senate.“This is why we have to pass the For the People Act, which is federal legislation that with one pen stroke by the president would create independent commissions in all 50 states, end voter suppression and restore representative democracy in the United States,” he said.“We have to stop gerrymandering, or there will be no representative democracy in America, period – only preordained and symbolic election results.” More

  • in

    The Observer view on Joe Biden’s audacious spending plans | Observer editorial

    The dramatic scale and ambition of Joe Biden’s public spending and tax plans came into sharper focus last week. The emerging picture is breathtaking. As expected, the US president aims to repair the damage done by the pandemic. But huge, longer-term investments in jobs, education and clean energy, and his new insistence on the social responsibilities of big business, point to something far more momentous: a watershed in American economic policymaking.Comparisons abound with Franklin D Roosevelt’s 1930s New Deal. Progressive politicians hail an end to the post-2008 age of austerity. Neoliberalism’s divisive grip is at last being broken; free market dogmas are in retreat, they say. Biden is re-legitimising the power of government and the state to equally serve the interests of all its citizens. This revolution, it is claimed, will dent populism’s appeal and may save democracy itself. Such optimism is rare in contemporary politics and is not to be discouraged. The prospect that a leader – any leader – can and will achieve a decisive change for the better in ordinary people’s lives is almost a novel idea these days. The absence of such hope and trust accounts for much that has gone wrong within western democracies in recent years. It has encouraged political extremism and the rise, beyond Europe, of authoritarian regimes.Yet Biden has set himself an enormous task, or series of tasks, which he knows will prove difficult to fulfil. Take, for example, his plan for a global minimum corporate tax rate of 21% that could raise an extra $300bn annually for governments around the world. Setting such a minimum would help curb tax avoidance and profit-shifting, especially by multinationals, and potentially end the controversies over rival national digital taxes.This bold idea has the backing of tax-fairness campaigners and European members of the G20 group of finance ministers. But it is already under attack from corporate lobbyists and Republicans in Washington, who claim it would place American companies at a competitive disadvantage. Countries such as Ireland that benefit from the current system may also object. As with any proposal that requires global adherence, China’s attitude will be crucial.Reversing normal practice, he ran from the centre, yet now he governs from the leftBiden already has one big win under his belt: the $1.9tn Covid recovery stimulus bill passed by Congress last month. This package by itself is mould-breaking, by recent American standards, in facilitating a vast expansion of the country’s social safety net. It extends federal benefits, allocates funds to tackle child poverty and provides help for states, tribal governments and small businesses damaged by the pandemic.Hot on the heels of that landmark success comes his $2.3tn initiative for a longer-term boost for the economy, by creating jobs and repairing and upgrading roads and other infrastructure. Biden calls it a “once in a generation investment in America”. He says the plan will address climate change and pollution through a systemic shift to cleaner energy sources. Beating the climate crisis will henceforth be a “whole of government” endeavour.Yet more plans are in the offing, including substantial new federal spending on healthcare and early years education, and investment in green technologies and scientific research. Some of these proposals were contained in last week’s 2022 federal budget outline. If agreed – and that’s a big “if” – they represent a whopping 16% overall rise in discretionary government spending.And the huge investments required will be paid for from two sources – borrowing and higher taxes on the wealthy. Biden argues these and other programmes are essential to reverse a decade of underinvestment in American society. That’s a criticism of Donald Trump, who consistently tried to slash federal spending, but also of Biden’s cautious old boss, Barack Obama, whose record he has begun to eclipse. Republicans, predictably, are opposed, complaining, for example, that military spending is neglected.Yet like many Americans right across the political spectrum, they appear dumbstruck by Biden’s sheer audacity. Over a long career, he was many things but never a radical. Reversing normal practice, he ran from the centre, yet now he governs from the left. Perhaps, at 78, he feels he has little to lose and the nation much to gain. Biden is a man in a hurry and spurring him is not only an older man’s zeal but a crude calculation. The Democrats’ majority in Congress is wafer-thin and the 2022 midterms loom.If Biden pulls off only half of what he plans, it will be a remarkable achievement. Whatever happens, he has already changed the conversation. Economically, the essential, leading role of the state has been forcefully reasserted. This holds true for the US, and also for Britain and Europe, in the transformative age of Covid. Politically, Biden is in the process of demonstrating that liberal democracies, when ably led, can both reform themselves and outperform authoritarian regimes.Positive US global leadership, based on revived prosperity and multilateralism, is returning. More than Trump ever did, Biden is making America great again. Yet even as they cheer him and urge even grander feats, those on the British left, in particular, should take careful note. If you want to “do a Biden” and enact great change, you must first forge alliances and win an election. More

  • in

    Republican ‘attacks’ on corporations over voting rights bills are a hypocritical sham | Robert Reich

    For four decades, the basic deal between big American corporations and politicians has been simple. Corporations provide campaign funds. Politicians reciprocate by lowering corporate taxes and doing whatever else corporations need to boost profits.The deal has proven beneficial to both sides, although not to the American public. Campaign spending has soared while corporate taxes have shriveled.In the 1950s, corporations accounted for about 40% of federal revenue. Today, they contribute a meager 7%. Last year, more than 50 of the largest US companies paid no federal income taxes at all. Many haven’t paid taxes for years.Both parties have been in on this deal although the GOP has been the bigger player. Yet since Donald Trump issued his big lie about the fraudulence of the 2020 election, corporate America has had a few qualms about the GOP.After the storming of the Capitol, dozens of giant corporations said they would no longer donate to the 147 Republican members of Congress who objected to the certification of Biden electors on the basis of the big lie.Then came the GOP’s wave of restrictive state voting laws, premised on the same big lie. Georgia’s are among the most egregious. The chief executive of Coca-Cola, headquartered in the peach tree state, calls those laws “wrong” and “a step backward”. The chief executive of Delta Airlines, Georgia’s largest employer, says they’re “unacceptable”. Major League Baseball decided to take its annual All-Star Game away from the home of the Atlanta Braves.The basic deal between the GOP and corporate America is still very much aliveThese criticisms have unleashed a rare firestorm of anti-corporate Republican indignation. The Senate minority leader, Mitch McConnell, warns corporations of unspecified “serious consequences” for speaking out. Republicans are moving to revoke MLB’s antitrust status. Georgia Republicans threaten to punish Delta by repealing a state tax credit for jet fuel.“Why are we still listening to these woke corporate hypocrites on taxes, regulations and antitrust?” asks the Florida senator Marco Rubio.Why? For the same reason Willie Sutton gave when asked why he robbed banks: that’s where the money is.McConnell told reporters corporations should “stay out of politics” but then qualified his remark: “I’m not talking about political contributions.” Of course not. Republicans have long championed “corporate speech” when it comes in the form of campaign cash – just not as criticism.Talk about hypocrisy. McConnell was the top recipient of corporate money in the 2020 election cycle and has a long history of battling attempts to limit it. In 2010, he hailed the supreme court’s Citizens United ruling, which struck down limits on corporate political donations, on the dubious grounds that corporations are “people” under the first amendment to the constitution.“For too long, some in this country have been deprived of full participation in the political process,” McConnell said at the time. Hint: he wasn’t referring to poor Black people.It’s hypocrisy squared. The growing tsunami of corporate campaign money suppresses votes indirectly by drowning out all other voices. Republicans are in the grotesque position of calling on corporations to continue bribing politicians as long as they don’t criticize Republicans for suppressing votes directly.The hypocrisy flows in the other direction as well. The Delta chief criticized the GOP’s voter suppression in Georgia but the company continues to bankroll Republicans. Its Pac contributed $1,725,956 in the 2020 election, more than $1m of which went to federal candidates, mostly Republicans. Oh, and Delta hasn’t paid federal taxes for years.Don’t let the spat fool you. The basic deal between the GOP and corporate America is still very much alive.Which is why, despite record-low corporate taxes, congressional Republicans are feigning outrage at Joe Biden’s plan to have corporations pay for his $2tn infrastructure proposal. Biden isn’t even seeking to raise the corporate tax rate as high as it was before the Trump tax cut, yet not a single Republicans will support it.A few Democrats, such as West Virginia’s Joe Manchin, don’t want to raise corporate taxes as high as Biden does either. Yet almost two-thirds of Americans support the idea.The basic deal between American corporations and American politicians has been a terrible deal for America. Which is why a piece of legislation entitled the For the People Act, passed by the House and co-sponsored in the Senate by every Democratic senator except Manchin, is so important. It would both stop states from suppressing votes and also move the country toward public financing of elections, thereby reducing politicians’ dependence on corporate cash.Corporations can and should bankroll much of what America needs. But they won’t, as long as corporations keep bankrolling American politicians. More