Enough, Already

Seriously, enough. Enough of the frivolous lawsuits, the fraudulent claims of fraud, the fact-free fits of faux outrage. In the five weeks since Election Day, we have seen the same play fifty times: the Trump campaign screams about nonexistent fraud and sues to have election results reversed; absent any actual facts and any plausible legal theory which would allow the disenfranchisement of millions — for no reason other than the litigant doesn’t like the election result — the court summarily dismisses the case. Trial courts will have none of it; appellate courts won’t allow it; and the United States Supreme Court refuses to hear the case.

In the latest episode of this outlandish opera buffa is brought to us by the state of Texas, which wants to sue the states of Wisconsin, Georgia, Pennsylvania, and Michigan in the US Supreme Court. What possible cause of action might Texas have? Ken Paxton, the Texas attorney general, has concocted the notion that these four states somehow damaged the Lone Star state when they changed their election rules to allow universal mail-in ballots — something which Texas surely could have done, as well, but chose not to.

Per The New York Times:

The lawsuit, filed by the Republican attorney general of Texas and backed by his G.O.P. colleagues in 17 other states and 106 Republican members of Congress, represents the most coordinated, politicized attempt to overturn the will of the voters in recent American history. President Trump has asked to intervene in the lawsuit as well in hopes that the Supreme Court will hand him a second term he decisively lost.

The suit is the latest in a spectacularly unsuccessful legal effort by Mr. Trump and his allies to overturn the results, with cases so lacking in evidence that judges at all levels have mocked or condemned them as without merit. Legal experts have derided this latest suit as well, which makes the audacious claim, at odds with ordinary principles of federalism, that the Supreme Court should investigate and override the election systems of four states at the behest of a fifth.

Of course, there will be no end to this farce: it has proved far too profitable for Trump, for whom a debt load of about $420 million comes due in the next year. Since Trump almost certainly hasn’t the cash, isn’t capable of writing a book worth a nine-figure advance, and has spent his 74 years avoiding spending his own money when grift and suckers are available, he has turned his electoral loss into a fundraising opportunity: donations to his “stop the steal!” fund are directed, in essence, into his own pocket. His credulous supporters don’t read the fine print and won’t believe anyone who has.

That the demands to invalidate the electoral results require a feat of dizzying mental gymnastics, cognitive dissonance on a scale rarely if ever seen, doesn’t seem to bother these self-styled defenders of democracy one whit. Consider: the election was rife with fraud on a massive scale, but only on the top line of the ballot. All the down-ballot races — races which the 126 members of Congress now clamoring for SCOTUS intervention won — were magically legitimate. It defies law, it defies logic, and it defies any real sense of patriotism, which would put country over party and long-term civic goals above short-term self-interest.

That this suit is without merit (and beyond redemption) hasn’t stopped Republican attorneys general of seventeen other states from seeking to join the fun — despite the irrevocable certification of election results in all fifty states. This is an unabashed attack on the core and fabric of democracy; it is, in a word, seditious: We don’t like the result so we must find a way, any way, to undo and overturn it. And if we can’t do that, can we at least undermine public confidence in all electoral outcomes? (We don’t care if it undermines our own victories as long as we can seize power and maintain control of the levers of government.)

This is not representative self-government. It is reprehensible self-serving. Enough, already. Republicans, you lost. Sit down, shut up, and muzzle your Dear Leader. He is doing the Republic great harm — and you, too, if you gave a care to history.

Professional Victims

Donald Trump wants you to know he is a victim. He also wants you to know that he is really, really rich; that he alone can fix it; that he has a very good brain. But above all he wants you to know that he is a victim, and that never in the history of the world been anyone more victimized. That is especially true now that he is — officially — what he most dreads being: not a victim, but a Loser.

True victims don’t bruit their victimhood about, don’t claim it as an excuse or use it as a lever: Job, for all his suffering, cursed only himself and the day he was born — never his tormentor; Christ accepted his fate, too, telling Pilate, in essence, “Do what you have to do.” Self-proclaimed victim status is a scam; Trump has been running this con in New York for at least forty years, where city regulations make it impossible — so he says — for any developer to make money. Never mind that successful developers profit hand over fist in Gotham: Trump is a victim! He has somehow thrived in spite of the regulations but that doesn’t mean anything. He’s a victim! The New York Attorney General investigates him for fraud (Trump University): he’s a victim! He purchased 400 acres of useless land in Westchester and Putnam counties for $2.75 million; when he could find no developer willing to build on it, he gave it to the State of New York and claimed a tax deduction — of $26 million. (Regarding this he’ll probably tell you he’s a genius.) His fake foundation is ordered dissolved for more fraud and self-dealing. He’s a victim! By a fluke of history he now occupies the Oval Office, where he presides over the smoking wreckage of our national government. He held the match and the Republican senate steadied his hand while he set the torch to all the guardrails of our democracy, while he tore children from their parents and put them in cages, while he teargassed peaceful demonstrators. But he is, absolutely, a victim. The rest of us? Suckers and losers.

One is tempted to marvel at the pathology of it. The mind of a sociopath is as fascinating as a high-speed train wreck: We can’t avert our gaze even as it lays waste to everything in its path. We should instead spend a few minutes analyzing how we got here — and then planning the long climb out, the years-long rebuilding of our national government, our national institutions, and our national pride.

Trump, after all, isn’t the only professional victim: the national GOP has been playing the victim card, too, and quite successfully. People of faith are victims of laws that apply equally to everyone; businesses are victims of workplace safety mandates, of environmental regulations, of antitrust laws, of minimum wage rules; people of great wealth are victims of estate taxes. Republicans are victims, of anyone who dares harbor a different vision of America.

That is not democracy, it is theocracy; and of a most twisted and degenerate sort.

Ockham’s Razor

Simple explanations — not implausible scenarios or convoluted conspiracies — are most likely to be correct. This well-known dictum is attributed to William of Ockham: Pluralitas non est ponenda sine necessitate. Pluralities — complexities in a theory — must not be asserted without necessity. Never suppose multiple, interlocking explanations when a single, simple reason is sufficient

It is a rule easily tested by common sense and everyday experience. Consider these two well-known, well-worn statements:

  1. The dog ate my homework.
  2. I didn’t do my homework.

Few people would choose (1) as the likeliest explanation: it is neither simple nor particularly credible. The addition of more details about the assignment’s encounter with domesticated animals (“My homework flew out the bus window and a cow ate it”) only serves to make the matter worse.

Donald Trump won’t admit he lost the election; more disturbing, many of his followers can’t accept the simple idea that although 74 million people voted for Trump, setting a record, over six million more voted for Mr. Biden. Having heard the phrase “rigged election” over and over, they conclude — without examining the premise — that it must be rigged; their guy lost, after all. Enter Sidney Powell, loudly proclaiming that Trump’s defeat could only be the result of fraud; and, moreover, a fraud so far-reaching that it was orchestrated by none other than Hugo Chavez — who died in 2013.

News flash for Messrs. Trump and Giuliani, and for Ms. Powell: That is how democracy works. “Your guy” doesn’t win every time; sometimes the other guy, the other party, the other philosophy of government, wins the day and has its chance.

Special attention should be paid, these days, to that phrase: Philosophy of government. For the Republican Party has ceased to have anything resembling an organizing principle; instead we have terse slogans (“Small government! Freedom!”) and a determination to use politics to remain in power, rather than to craft compromise legislation that will serve their constituents. The present spectacle — a legislature that cannot legislate, cannot provide financial relief for millions of people forced into unemployment during a pandemic — is more than just a case in point: it is a fitting finale to years of brinksmanship and gamesmanship instead of statesmanship, the logical conclusion to a decades-long showdown between a party that believes in government and compromise, and a party that believes only in its own ability to exercise raw power.

Nobody believes the kid who says, “The dog ate my homework.” Absent hard facts, the simpler solution is most likely true. Unlike the case of the wind blowing papers into the path of a grazing bovine — multiple credible witnesses swore they were on the bus and saw it happen — nobody has yet offered a single actual fact suggesting election fraud on any scale, let alone of a magnitude necessary to produce 81 million votes. The dog didn’t eat the homework, and Donald didn’t win the election. Both of them — and all of us — would be better off if they accepted reality.

Fatigue (III)

It was a few months ago that Keegan-Michael Key, appearing on “A Late Show with Stephen Colbert,” said he was exhausted. It was early June, immediately after the death of George Floyd at the hands of Minneapolis police officers, and he was expressing frustration with the racial imbalances — what we have come to understand, since then, as systemic racism — and seemingly never-ending inequality in this, the Land of the Free, where it is self-evident that all men are created equal. Aren’t they?

We are all exhausted: By the unrest and inequality; by the ineptitude and incompetence; by the needlessly high death count; by the lies; by the scandals; by the grift and self-dealing. We are exhausted, simply exhausted, to the point where we are too fatigued to lift a finger let alone raise our voices in anger and cry out together, as one, “Enough!” But the truth is that fatigue is not simply a by-product of the never-ending insults to our national integrity; nor are we exhausted only because we lack the energy, at the end of each long day, to push back against a government and executive appointees who will help themselves but not the people they work for and serve. Corrupt officialdom gives “self service” a whole new meaning.)

As we have seen with the child-separation policy, where the cruelty is the point: The exhaustion and fatigue are the point. Benumb us with your outrages, your corruption, your inhumanity, your incompetence, your sheer stupidity, and we will lack the energy to rise up and strike back. We simply don’t know where to begin: With emoluments? Children deliberately orphaned? Corrupt cabinet secretaries? Incompetent senior advisers? The executive branch of our government has become a criminal enterprise, eagerly aided and abetted by a senate majority that clings to power for its own sake and not for what it can do to improve constituents’ lives. The entire theory and purpose of our representative government has been turned upside down and inside out.

Despite best efforts to convince us otherwise, we are not powerless. We are not voiceless. We are not insignificant. E pluribus unum isn’t just a fancy phrase on our coins. Out of many, one; in unity there is strength. A single vote is an inaudible  whisper, but 250 million together is a category 5 hurricane that cannot be ignored. We don’t have to agree on everything — and we shouldn’t. We won’t always agree on the meaning of the First Amendment, nor of the Second, nor of the Fifth; we won’t always agree about gun policy, welfare policy, education policy, or foreign policy, but we must be able and willing to discuss them, honestly and openly, without resort to name-calling and demonization. We all want a stronger, better, more equal United States. Our ideas about how to achieve those goals differ. We have to re-learn how to talk to each other, and how to compromise.

But despite our differences we should, at a minimum, be able to agree that deliberate cruelty is wrong; that foreign interference in an election is an affront to voters of every political persuasion; that bribery is a crime no matter what the circumstances or who the actors. We should be able to agree that health care and education are rights, not privileges, and that they should be guaranteed by a government for the people. And we should be able to agree that if government of the people ceases to be both by the people and, most of all, for the people, then it is no longer legitimate and must be replaced.

This Tuesday, vote. Vote like your life and your liberty depend on it — because they do. Vote to restore government by and for the people. Vote for humanity and basic decency. Vote to end the madness.