Im-Politic: Looking Backward and Forward on Trump and Trumpism

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cancel culture, Capitol Hill, Capitol riots, China, climate change, Congress, Conservative Populism, Constitution, Democrats, election 2016, election 2020, election challenge, Electoral College, establishment Republicans, Hillary Clinton, identity politics, Im-Politic, Immigration, impeachment, incitement, insurrection, Joe Biden, Josh Hawley, left-wing authoritarianism, mail-in ballots, nationalism, Populism, Republicans, sedition, separation of powers, tariffs, Ted Cruz, Trade, trade war, Trump, violence

(Please note: This is the linked and lightly edited version of the post put up this morning.)

The fallout from the Capitol Riot will no doubt continue for the foreseeble future – and probably longer – so no one who’s not clairvoyant should be overly confident in assessing the consequences. Even the Trump role in the turbulent transition to a Biden administration may wind up looking considerably different to future generations than at present. Still, some major questions raised by these events are already apparent, and some can even be answered emphatically, starting off with the related topic of how I’m viewing my support for many, and even most, of President Trump’s policies and my vote for him in both of his White House runs.

Specifically, I have no regrets on either ground. As I’ll make clear, I consider Mr. Trump’s words and deeds of the last few weeks to represent major, and completely unnecessary, failures that will rightly at least tarnish his place in history.

All the same, legitimate analyses of many developments and resulting situations need to think about the counterfactual. Here, the counterfactual is a Trump loss to Democratic presidential nominee Hillary Clinton in 2016. And I’m confident that her presidency would have been both disastrous in policy terms (ranging from coddling China to moving steadily toward Open Borders immigration policies to intervening militarily more often and more deeply in numerous foreign conflicts of no importance to the United States) and heatedly divisive in political terms (because of her grifting behavior in fundraising for the various supposedly philanthropic initiatives she started along with her husband, former President Bill Clinton; because of her campaign’s payment for the phony Steele dossier that helped spur the unwarranted and possibly criminal Obama administration investigation of the Trump campaign; and because of intolerant and extremist instincts that would have brought Identity Politics and Cancel Culture to critical mass years earlier than their actual arrivals).

As for the worrisome events of the last several weeks:

>As I’ve written, I don’t regard Mr. Trump’s rhetoric at his rally, or at any point during his election challenges, as incitement to violence in a legal sense. But is it impeachable? That’s a separate question, because Constitutionally speaking, there’s a pretty strong consensus that impeachment doesn’t require a statutory offense. And since, consequently, it’s also a political issue, there’s no objective or definitive answer. It’s literally up to a majority of the House of Representatives. But as I also wrote, I oppose this measure.

>So do I agree that the President should get off scot free? Nope. As I wrote in the aforementioned post, I do regard the Trump record since the election as reckless. I was especially angered by the President’s delay even in calling on the breachers to leave the Capitol Hill building, and indeed the entire Capitol Hill crowd, to “go home.” In fact, until that prompting – which was entirely too feeble for my tastes – came, I was getting ready to call for his resignation.

>Wouldn’t impeachment still achieve the important objective of preventing a dangerously unstable figure from seeking public office again? Leaving aside the “dangerously unstable” allegation, unless the President is guilty (as made clear in an impeachment proceding) of a major statutory crime (including obstruction of justice, or incitement to violence or insurrection), I’d insist on leaving that decision up to the American people. As New York City talk radio host Frank Morano argued earlier this week, the idea that the Congress should have the power to save the nation from itself is as dangerously anti-democratic as it is laughable.

>Of course, this conclusion still leaves the sedition and insurrection charges on the table – mainly because, it’s contended, the President and many of his political supporters (like all the Republican Senators and House members who supported challenging Electoral College votes during the January 6 certification procedure) urged Congress to make an un-Constitutional, illegal decision: overturning an election. Others add that the aforementioned and separate charge not includes endorsing violence but urging the January 6 crowd to disrupt the certification session.

>First, there’s even less evidence that the lawmakers who challenged the Electoral College vote were urging or suggesting the Trump supporters in the streets and on the lawn to break in to the Capitol Building and forcibly end the certification session than there’s evidence that Mr. Trump himself gave or suggested this directive.

>Second, I agree with the argument – made by conservatives such as Kentucky Republican Senator Rand Paul (often a Trump supporter) – that authorizing a branch of the federal government unilaterally to nullify the results of elections that the Constitution stipulates should be run by the states is a troubling threat to the Constitutional principle of separation of powers. I’m also impressed with a related argument: that sauce for the goose could wind up as sauce for the gander.

In other words, do Trump supporters want to set a precedent that could enable Congress unilaterally to overturn the election of another conservative populist with something like a second wave of Russia collusion charges? Include me out.

>Further, if the Trump supporters who favored the Electoral College challenge are guilty of insurrection or fomenting it, and should be prosecuted or censured or punished in some way, shouldn’t the same go for the Democrats who acted in the exact same ways in other recent elections? (See here and here.) P.S. Some are still Members of Congress.

>Rather than engage in this kind of What About-ism, and help push the country further down the perilous road of criminalizing political behavior and political differences, I’d much rather consider these challenges as (peaceful) efforts – and in some cases sincere efforts – to insert into the public record the case that these elections were marred by serious irregularities.

>How serious were these irregularities? Really serious – and all but inevitable given the decisions (many pre-pandemic) to permit mass mail-in voting. Talk about a system veritably begging to be abused. But serious enough to change the outcome? I don’t know, and possibly we’ll never know. Two things I do know, however:

First, given the thin Election 2020 margins in many states, it’s clear that practices like fraudulent vote-counting, ballot-harvesting, and illegal election law changes by state governments and courts (e.g., Pennsylvania) don’t have to be widespread. Limiting them to a handful of states easily identified as battlegrounds, and a handful of swing or other key districts within those states, would do the job nicely.

Second, even though I believe that at least some judges should have let some of the Trump challenges proceed (if only because the bar for conviction in such civil cases is much lower than for criminal cases), I can understand their hesitancy because despite this low-ish bar, overturning the election results for an entire state, possibly leading to national consequences, is a bridge awfully far. Yes, we’re a nation of laws, and ideally such political considerations should be completely ignored. But when we’re talking about a process so central to the health of American democracy, politics can never be completely ignored, and arguably shouldn’t.

So clearly, I’m pretty conflicted. What I’m most certain about, however, is that mass mail-in ballots should never, ever be permitted again unless the states come up with ways to prevent noteworthy abuse. Florida, scene of an epic election procedures failure in 2000 (and other screwups), seems to have come up with the fixes needed. It’s high time for other states to follow suit.

As for the politics and policy going forward:

>President Trump will remain influential nationally, and especially in conservative ranks – partly because no potentially competitive rivals are in sight yet, and possibly because Americans have such short memories. But how influential? Clearly much of his base remains loyal – and given his riot-related role, disturbingly so. How influential? Tough to tell. Surely the base has shrunk some. And surely many Independents have split off for good, too. (See, e.g., this poll.) Perhaps most important, barring some unexpected major developments (which obviously no one can rule out), this withering of Trump support will probably continue – though the pace is tough to foresee also.

>The Republican Party has taken a major hit, too, and the damage could be lasting. In this vein, it’s important to remember that the GOP was relegated to minority status literally for decades by President Herbert Hoover’s failure to prevent and then contain the Great Depression. Those aforementioned short American memories could limit the damage. But for many years, it’s clear that Democratic political, campaigns, and conservative Never Trumper groups like the Lincoln Project, will fill print, broadcast, and social media outlets with political ads with video of the riot and Mr. Trump’s rally and similar statements, and the effects won’t be trivial.

>What worries me most, though, is that many of the urgently needed policies supported and implemented by the Trump administration will be discredited. Immigration realism could be the first casualty, especially since so many of the establishment Republicans in Congress were such willing flunkies of the corporate Cheap Labor Lobby for so much of the pre-Trump period, and Open Borders- and amnesty-friendly stances are now defining characteristics of the entire Democratic Party.

The Trump China policies may survive longer, because the bipartisan consensus recognizing – at least rhetorically – the futility and dangers of their predecessors seems much stronger. But given Biden’s long record as a China coddler and enabler, the similar pre-Trump views of those establishment Republicans, and their dependence on campaign contributions from Wall Street and offshoring-happy multinational companies, important though quiet backtracking, particularly on trade, could begin much sooner than commonly assumed. One distinct possibility that wouldn’t attract excessive attention: meaningfully increasing the number of exemptions to the Trump China and remaining metals tariffs to companies saying they can’t find affordable, or any, alternatives.

>Much of the political future, however, will depend on the record compiled by the Biden administration. Not only could the new President fail on the economic and virus-fighting fronts, but on the national unity front. Here, despite his reputation as a moderate and a healer, Biden’s charge that Republican Senators Ted Cruz and Josh Hawley have used Nazi-like tactics, and race-mongering comments accusing law enforcement of handling the overwhelmingly white Capitol Rioters more gingerly than the racial justice protesters earlier this year represent a lousy start. And as his harsh recent rhetoric suggests, Biden could also overreach greatly on issues like climate change, immigration, and Cancel Culture and Identity Politics. Such Biden failures could even shore up some support for Mr. Trump himself.

>How big is the violence-prone fringe on the American Right? We’ll know much more on Inauguration Day, when law enforcement says it fears “armed protests” both in Washington, D.C. and many state capitals. What does seem alarmingly clear, though – including from this PBS/Marist College poll – is that this faction is much bigger than the relatively small number of Capitol breachers.

>Speaking of the breachers, the nature of the crimes they committed obviously varied among individuals. But even those just milling about were guilty of serious offenses and should be prosecuted harshly. The circumstances surrounding those who crossed barriers on the Capitol grounds is somewhat murkier. Those who knocked down this (flimsy) fencing were just as guilty as the building breachers. But lesser charges – and possibly no charges – might be justifiable for those who simply walked past those barriers because they were no longer visible, especially if they didn’t enter the Capitol itself.

>I’m not security expert, but one question I hope will be asked (among so many that need asking) in the forthcoming investigations of the Capitol Police in particular – why weren’t the Capitol Building doors locked as soon as the approach of the crowd became visible? The number of doors is limited, and they’re anything but flimsy. The likely effectiveness of this move can be seen from an incident in October, 2018 – when barred Supreme Court doors left anti-Brett Kavanaugh protesters futilely pounding from the outside when they attempted to disrupt the new Supreme Court Justice’s swearing in ceremony. Window entry into the Capitol would have remained an option, but the number of breachers who used this tactic seems to have been negligible.

What an extraordinary irony if one of the worst days in American history mightn’t have even happened had one of the simplest and most commonsensical type of precaution not been taken.

(What’s Left of) Our Economy: How to Bypass Washington on CCP Virus Relief

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Americans for Tax Fairness, billionaires, CCP Virus, Congress, coronavirus, COVID 19, Covid relief, Institute for Policy Studies, stimulus, super-rich, woke capitalism, Wuhan virus, {What's Left of) Our Economy

It’s getting pretty clear that, even if the various anti-CCP Virus vaccines started getting stuck into Americans’ arms right away, many in the United States would be facing major financial hardships for many months because Congress and the administration still can’t get their act together to pass a meaningful relief bill.

My own hunch is that pretty full normality will return for most of the country by the end of next year. Through then, however, and afterwards, the personal service-oriented businesses big and small in particular that employ so many Americans in relatively low paying jobs will struggle to return to business- and employment-as usual. Moreover, continued budget crises in many states and localities could result in both significant, lasting layoffs of government workers, and big and equally lasting cuts in the social services needed by the needy.

Luckily, thanks to the work of the progressive organizations Americans for Tax Fairness (AFT) and the Institute for Policy Studies (IPS) a very promising bandaid has come into view: stimulus checks written voluntarily by America’s billionaires.

These two groups want the funds to be generated by an “emergency wealth tax on billionaire profiteers,” but there’s no reason to believe that such a measure would pass the Senate, assuming it turned Democratic. And even the House might balk, given that the Democrats’ majority will be so narrow.

There’s nothing, however, stopping the billionaires – who AFT and IPS say number 651 – getting together and furnishing such assistance on their own. Distribution could be handled just as official Washington handled the previous $1,200 checks.  Or the billionaires could set up their own system. (Maybe through Amazon and Fedex and other delivery companies?)

These funds won’t cure everything that will keep ailing Americans and their economy for the foreseeable future. But the effects would be considerable.

Specifically, if the 651 came up with the $3,000 per check recommended by the two organizations for every inhabitant of the country, the total 330 million U.S. population would receive a total of just under $1 trillion. That sum would represent a big fraction of the $3.5 trillion in federal budget resources and tax relief signed into law this year so far. And it’s somewhat bigger than the $908 billion framework for a compromise package put forward by a bipartisan group of Senators earlier this month.

Moreover, the uber-rich themselves could clearly afford this spending. AFT and IPS estimate that the billionaire class has increased its net worth by $1 trillion since the pandemic reached the United States. And its members would still be left with $3 trillion in assets.

In addition, unlike a big emergency wealth tax increase – a cash cow that government would be reluctant to repeal, at least in full, once normality returns – the billionaires’ check-writing would be a one-off measure, intended to help Americans keep their heads above water while the economy remains in extreme distress.

At the same time, if the pandemic emergency lasts longer than expected (e.g., because vaccine immunity doesn’t last as long as widely assumed), nothing would prevent the billionaires from coming to the (partial) rescue again, at whatever scale they chose. Even better – the 651 could also reach out to the somewhat less super-rich and urge them to lend a hand as well. It’s not like they’re without influence, and are unfamiliar with peer pressure – or outright arm-twisting.

Further, not only would the general politics of tax increases be avoided by privatizing virus relief. All the other conflicting priorities and legislative shenanigans that have held up progress on this particular package would be bypassed altogether, too – like CCP Virus liability insurance for business and bailouts for allegedly spendthrift state and local governments. And of course, no deficit hawks (phony or genuine) inside or outside government could object, since no public funds would be spent.

The one important objection I can think of is that billionaire action on this scale could convince politicians that they’re off the virus-relief hook for good. But it’s also possible that a privately financed aid package could shame collective Washington into subsequent needed action. In fact, this would be a great lobbying cause for the billionaires – along with threats to withhold campaign contributions from lawmakers or Presidents they’ve identified as obstacles.

The American super-rich haven’t blown off their fellow compatriots entirely during the pandemic. And of course, they’re major contributors to many non-CCP Virus-related good causes as well. But from what’s publicly known, their pandemic-related donations has been astonishingly meager, and their records seem Scrooge-ier still given how they’ve greatly they’ve become enriched collectively during the crisis.

Given the rise of “woke capitalism” in recent years, and the corporate world’s embrace – at least rhetorically – of social responsibility, it’s obvious that America’s super-rich fear they have a serious image problem. It’s hard to think of a better way to improve their standing than by springing to their compatriots’ rescue at a time of such dire need.

Making News: Podcast Now On-Line of National Radio Interview on TikTok, China Strategy, Biden, & the Stimulus Negotiations

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China, Congress, decoupling, election 2020, Joe Biden, Making News, Mark Meadows, Market Wrap with Moe Ansari, national security, privacy, stimulus package, tech, TikTok, Trump

I’m pleased to announce that a podcast is now on-line of an interview I did yesterday on Moe Ansari’s nationally syndicated radio show.

Click here and then scroll down a bit to the segment with my name on it to listen to a timely, informative session on three major headline issues: what President Trump is trying to accomplish with his decision to ban from U.S. markets the popular Chinese social media app TikTok; how a President Joe Biden is likely to handle China issues; and what to expect from the current White House-Congress talks on the economic stimulus package. The segment comes on at about the 23:50 mark.

And keep checking in with RealityChek for news of upcoming media appearances and other developments.

 

What’s Left of) Our Economy: Not All CCP Virus Lessons are Created Equal

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CCP Virus, CNBC, Congress, coronavirus, COVID 19, Federal Reserve, Joseph Stiglitz, lockdown, Patricia Cohen, Paul M. Krugman, safety net, shutdown, social insurance, The New York Times, Trump, Wuhan virus, {What's Left of) Our Economy

Thanks to a late start, just a quickie, today – but still important because it demonstrates the dodgy nature of two increasingly widespread claims during this CCP Virus emergency: first, that the suffering of so many Americans due to the health and economic damage done by the virus demonstrates how lousy the country’s social safety net is; and second, that its impact on employment in particular and the resulting damage to the finances of so many individuals and families shows how fragile – and even phony – much pre-virus national well-being actually was.

The first claim was made notably by Nobel Prize-winning economist and New York Times columnist Paul M. Krugman. Now I know that I’ve labeled him a reflexive Never Trumper, I know I’ve taken him to task for many major blunders (at least as I see them), and I know we’ve crossed swords – angrily – in print. But I really do believe this contention about a major lesson being taught by the pandemic, made in a CNBC interview on Friday, was way off-base:

“…what we’re seeing is that our safety net has big, big holes in it.”

No one can reasonably believe that all the actual virus damage done will be healed or the potential damage done prevented even by the historically unprecedented (by a mile) sums of various kinds of virus relief approved by Congress and President Trump. Ditto for the comparably huge, unprecedented economy backstops provided by the Federal Reserve.

But think of it this way: If, after he asteroid strike that wiped out the dinosaurs, would it have been reasonable for someone or something to observe, “What we’re seeing is that those species really had some major defects”? Of course not. Especially since the dinosaurs had been the planet’s dominant life form for literally hundreds of millions of years.

So they couldn’t survive a literal out-of-the-blue (though over incredibly long time-frames precedented and predictable) natural disaster. Does this mean – and I realize this is a weird concept outside an “argument’s sake” framework – that evolution did a lousy job? Of course not.

The rest of Krugman’s statement is much less absurd:

“[N]ormally we think of this as being a problem of protecting people or redistributing to people who are persistently disadvantaged, which is very important. But right now what we’re seeing is something that is more sort of, even within classes, is very uneven. If you happen to be working in the restaurant industry, if you happen to be working in the travel industry, your entire basis of sustenance is gone, whereas if you happen to be employed in a sector which is not affected by this, this is annoying but not really all the bad. So what we need is basically – social insurance is what we talk about, and we’re seeing a real demonstration how important it is that we have a system for dealing with really disaster relief where the disaster is on a scale that we’ve never seen before.”rk 

Specifically, it makes perfect sense to want to insure against a wider range of potential calamities than currently planned for by America’s current system. It makes just as much sense to support more insurance for the economic and natural disasters already planned for. But creating enough insurance to shield the entire economy against what Krugman himself has likened to an “induced coma”? Because “We’ve deliberately shut down a large part of the economy”? And which Krugman calls “like nothing we’ve seen before”? That’s a qualitatively different challenge, and the case for the kinds of spending that would be required – and the kind of combination of taxes and debt creation needed to pay for it – is anything but obvious.

The argument about the virus showing the economy to have been surprisingly, and unacceptably, weak before this biological invasion suffers the same kinds of problems. Its best example has been this New York Times article, whose theme is described by the subhead: “The coronavirus pandemic has shown how close to the edge many Americans were living, with pay and benefits eroding even as corporate profits surged.”

For good measure, reporter Patricia Cohen (who’s a distant personal acquaintance) threw in a Krugman-like safety net observation from another Nobel Prize-winning liberal economist, Joseph Stiglitz: “We built an economy with no shock absorbers. We made a system that looked like it was maximizing profits but had higher risks and lower resiliency.”     

But Cohen’s main point was the (related) contention that the crisis “has revealed  [a series of additional] profound, longstanding vulnerabilities in the economic system

The same “asteroid” question, however, needs to be asked? Close to the edge of something legitimately qualifying as an Act of God? Or maybe more prosaically, the kind of “force majeure” event that can lead to the cancellation of legal contracts because circumstances beyond anyone’s control render the deal unenforceable in any real-world sense?

Sure, too many Americans spend too much and save too little – sometimes because they need to to get by, and sometimes because they’re irresponsible. (And as with much of life, often it’s a little of both. Moreover, let’s not let off the hook an easy money-addicted political and economic policy system, which has so powerfully encouraged over-spending at least since the dangerously bubbly economic expansion that preceded the 2007-08 financial crisis.)

But the virus damage so far has been so severe and widespread that it’s clearly – as Krugman noted above – caught short many Americans who had been handling their finances with admirable prudence

As for Cohen’s finding that the crisis has thrown into sharp relief the vulnerabilities of “even middle-class Americans, once snugly secure, [who] have become increasingly anxious in recent decades about their own fragile finances and their children’s prospects,” that sounds like a line from a Bernie Sanders or Elizabeth Warren campaign ad.  The problem, of course, is that poll after poll has told us that before the virus struck, large majorities of Americans were feeling just fine about their personal finances and prospects.  

I have no doubt that the virus is going to wind up teaching Americans and their leaders many valuable lessons. But as the two above examples should make clear, not all supposed lessons are created equal. And be doubly wary of supposed lessons that, at least in the case of Krugman and Stiglitz, ostensibly validate ideas the teachers have held since long before anyone ever heard of a coronavirus.

Im-Politic: The CCP Virus and…Impeachment??

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Articles of Impeachment, CCP Virus, China, Comptroller General, Congress, coronavirus, COVID 19, Democrats, GAO, Government Accountability Office, House of Representatives, Im-Politic, impeachment, Impoundment Control ct of 1974, Senate, Trump, Ukraine, WHO, World Health Organization, Wuhan virus

I’m actually glad that Congress’ Democrats are accusing the Trump administration of violating the same law in its decision to suspend funding for the World Health Organization (WHO) as it allegedly did in halting military aid to Ukraine – which of course was a central impeachment charge.

The point here is not to debate the merits of the WHO action (for the record, I’m strongly in favor) or of the impeachment effort (for the record, I strongly opposed) but to make clear how transparently partisan and Trump-ly deranged inclusion of the Ukraine aid accusation actually was.

Specifically, the Democrats’ allegation that “President Trump is violating the same spending laws that brought about his impeachment” represents a golden opportunity to point out that, legally speaking, jumping to the conclusion that the Ukraine decision was impeachable arguably violated those spending laws, too.

Let’s say that the way the Ukraine aid disbursement delay was carried out did clash with the terms of the Impoundment Control Act of 1974 – signed into law to prevent Presidents from blocking arbitrarily the actual expenditure of public funds as required in approved legislation. The word “arbitrarily” is important here, because the law has always been flexible enough to authorize such blockages and delays. It simply mandates that these actions to meet certain conditions.

But the law also sets out certain procedures for remedying these situations, and guess what? Quickly turning a claimed violation into an Article of Impeachment isn’t one of them. Or even close.

What’s supposed to happen legally is that an arm of Congress, the Government Accountability Office (GAO), determines whether a violation occurred. (It did.) And then the Comptroller General (the GAO’s head) is supposed to “bring a civil action in the United States District Court for the District of Columbia to require such” funds to be spent.

The case was never brought to court, however. And why not? Because the Democratic-controlled House had already impeached President Trump by that time! In fact, the GAO report didn’t come out until scant hours before the Senate impeachment trial began (on January 16).

The impeachment articles contained other charges of course, but the impoundment law allegation deserves emphasis because it was the only claimed legal violation for which a clear procedure for going forward was specified – in the statute itself.

The House unmistakably ignored that procedure. Meaning maybe we need an impeachment proceeding for the House leaders?

Our So-Called Foreign Policy: Signing the Hong Kong Democracy Bill Should be a No-Brainer for Trump

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China, Congress, democracy, Hong Kong, Hong Kong protests, human rights, Our So-Called Foreign Policy, sanctions, trade deal, trade talks, Xi JInPing

Full disclosure: I don’t believe that promoting human rights and democracy abroad should be a high priority for U.S. foreign policymakers. (My most detailed explanation comes in this late-1994 article in FOREIGN POLICY magazine, which is available on-line here and here.) All the same, there’s no doubt in my mind that President Trump would be making a big political and substantive mistake if he, as he’s (very obliquely, to be sure) hinted that he might veto the Hong Kong Human Rights and Democracy Act of 2019 just passed overwhelmingly by both the House and Senate.

Don’t get me wrong: I’m under no illusion that the legislation will do anything in the foreseeable future to promote human rights and democracy in Hong Kong – and you shouldn’t be, either. In fact, there’s every reason to believe that it’s a classic example of political virtue-signaling. For example, even the sponsors of the bill don’t seem to believe that any plausible official American words or deeds can affect the fate either of Hong Kong generally or of the huge numbers of protesters who have been challenging China’s determination to keep eating away at the special freedoms enjoyed by its residents since its hand over by the United Kingdom to Beijing in 1997.

If they did, you’d think that they’d have included in the bill some economic sanctions against the Chinese economy. But not only are such provisions entirely missing. The only measures resembling economic sanctions or potential sanctions are directed against the economy of Hong Kong – in the form of requirements that the various ways in which U.S. policies and other laws that treat Hong Kong differently from China (based on the assumption that this “Special Autonomous Region,” as Beijing calls it) really still is autonomous – remain justified by the facts on the ground in Hong Kong.

The bill does contain some sanctions instructions directed at China – but not at any sectors of its economy. Instead, they’re to be applied against “foreign persons” determined to be “knowingly responsible” for any “gross violations of internationally recognized human rights in Hong Kong.”

To which the only serious response is “So what?” The Hong Kong officials who give the specific orders to the police to fire tear gas or crack some heads or shoot rubber bullets into crowds are nothing more than tools of the dictators in Beijing. Concentrating punishment on them amounts – knowingly – to punishing the little fish and letting the prize catches get away. And P.S. – they’re as easily replaceable and interchangeable as any ordinary functionary.

Unless you can think of many U.S. politicians in either party who would back imposing sanctions on Chinese kingpin Xi Jinping or any of his senior cronies? Fat chance – assuming you could even locate any of their assets vulnerable to America’s reach. After all, how many American elected officials genuinely doubt that China’s top leaders are ultimately responsible for the harsh repression of the Hong Kong protests – or for the extradition law that triggered this uprising?

Nonetheless, the politics alone argue compellingly for presidential signing of the Hong Kong measure. It attracted nearly unanimous support on Capitol Hill, so a veto override is likely. And although the President won’t win much praise for enacting the bill into law, he’ll generate a hail of brickbats for any opposition.

And for what? As I argued in the article cited at the beginning, human rights interests generally should take a back seat in U.S. foreign policy for any number of reasons, but chiefly because other interests are usually more important for America’s security or prosperity (since foreign governments’ human rights practices as are almost completely incapable of undermining these objectives). Moreover, American actions can sometimes backfire, and it’s far from far-fetched to worry that a Trump approval of the Hong Kong bill and more frequent and stronger expressions of official outrage will only further convince China’s dictators (and much of the nationalistic Chinese public) that the unrest in Hong Kong stems from foreign meddling, not legitimate concerns.

Yet U.S.-China relations these days are so bad that it’s difficult to imagine a Trump signature on the Hong Kong legislation significantly worsening them. It’s possible that Beijing could retaliate with still higher tariffs or other curbs on American exports, especially farm products, but China remains much more vulnerable to U.S. economic pressure than vice versa. Nor is the President likely to suffer much politically from such measures during the upcoming election year, since nearly all of his political opponents have spoken out much more emphatically against China’s record in Hong Kong than he has. As for “outside agitator” claims – the Chinese are already making them, including against the United States.

Which leaves us with the one stated presidential reason for considering a veto of the Hong Kong bill – that an obstacle could be created to reaching a trade deal. The problem here is that a trade deal that serves U.S. interests (as opposed to a cosmetic deal that, e.g., results in increased American exports to China in exchange for American tariff reductions with no commitments from Beijing to end its most important predatory trade practices) simply isn’t possible. As I’ve written repeatedly, even a complete Chinese cave-in on paper to every demand the administration has ever made can’t possibly be verified adequately – because the Chinese government is so big and so secretive.

In fact, if there’s any relationship between trade policy and Hong Kong policy, it surely works the other way: More human rights pressure from Mr. Trump would be added to the economic pressure that’s already making Xi’s life hard enough. And whatever throws the Chinese off balance by definition helps the United States. For it would force Beijing to spend more time putting out fires and playing defense generally across the board, and leaves less time for pursuing offensive economic and geopolitical goals that undermine American interests.

As I’ve always seen it, claims that these interests (properly defined, of course) and ideals are always ultimately compatible are among the most fatuous made by practitioners, scholars, and historians of American foreign policy. But especially for a country with America’s range of geopolitical and economic choice (by dint of its high degree of built-in security and economic self-sufficiency, and potential for even more), there’s also no question that the United States can afford to promote its admirable values on a regular basis.

Hong Kongers’ struggle for more freedom and democracy represents one such case, meaning that a Trump-ian failure to sign the Hong Kong bill would call into question not only his support for these ideals, but his pragmatic instincts as well.

Im-Politic: Why You Should be Really Skeptical About the Green New Deal

Tags

Alexandria Ocasio-Cortez, climate change, Congress, Green New Deal, Im-Politic

Since I have no special expertise on climate change, I can’t comment usefully on the scientific aspects of the Green New Deal (GND) resolution introduced recently in the House of Representatives. As a result, I don’t even believe that I can comment usefully on how the U.S. economy may be affected by a major green refit and the tradeoffs it will inevitably entail even if I had a clear idea of what such a blueprint would entail.

What I do claim some expertise on is political posturing and elementary logic. And on those bases alone, it’s glaringly obvious that the resolution’s Congressional and other supporters aren’t the slightest bit serious about preventing catastrophic global warming.

Here’s the dead giveaway: Nothing in the plan, or about it, is remotely capable of addressing the threat as it’s described by GND-ers.

Let’s assume for argument’s sake that most, or perhaps not even many, of the resolution’s backers don’t literally agree with their leading spokesperson, freshman Democratic Representative Alexandria Ocasio-Cortez of New York, that “The world is going to end in 12 years if we don’t address climate change….” (And even this phrasing is pretty fishy. What’s with using fudgy language like “address” in such a cassandra-like clarion call? Did President Franklin D. Roosevelt warn Americans that the country could be endangered if it didn’t “address” the Nazis and the Japanese militarists? Moreover, how many years of planetary survival will be gained by “addressing” the threat? How long does the Earth have until climate change is ended or whatever ultimate goal the GND-ers have in mind?)

Even GND-ers believing the planet has more than twelve years surely view the situation as desperate. But if so, what’s the point of spending precious time working up a document that’s non-binding, and that even many backers view as “aspirational”? (See, e.g., here and here.) What possible excuse could there be for not focusing on whatever it takes to passing a mandatory climate change plan ASAP – and with veto-proof majorities?

In addition, why, given the immediacy of the threat and the literal life and death stakes for humanity as a whole do the GND-ers clutter up their manifesto with objectives and standards such as “ensuring that the Green New Deal mobilization creates high-quality union jobs that pay prevailing wages, hires local workers, offers training and advancement opportunities, and guarantees wage and benefit parity for workers affected by the transition….”? Or “guaranteeing a job with a family-sus4 taining wage, adequate family and medical leave, paid vacations, and retirement security to all people of the United States….”?

In other words, no planet-saving campaign can be approved unless it benefits organized labor? And how long do those paid vacations need to be?

Similarly, why, given the ostensible urgency, does the resolution insist that the program “be developed through transparent and inclusive consultation, collaboration, and partnership with frontline and vulnerable communities, labor unions, worker cooperatives, civil society groups, academia, and businesses….”? What a time sink that’s going to be!

And that leads to the most suspicious substantive feature of the GND movement so far. Even though climate change warnings have been sounded literally for decades, and even though they’ve been issued with increasing frequency by more and more individuals, organizations, national governments, and international organizations, the above phrasing is an explicit admission that there’s no commonly agreed upon plan that would even cover the United States alone.

Principally, on the one hand, the resolution states that its goals (including “meeting 100 percent of the power demand in the United States through clean, renewable, and zero-emission energy sources….”) “should be accomplished through a 10-year national mobilization.” On the other, it proposes achieving these goals through “making public investments in the research and development of new clean and renewable energy technologies and industries….” In other words, after all this time, the GND-ers don’t yet know what these technologies could be, let alone how long it will take to turn whatever laboratory breakthroughs they envision into knowhow usable in the real world.

One of my favorite adages is that necessity is the mother of invention, mainly because its opposite is usually true as well: If there’s no real invention, you can be there’s no necessity. As demonstrated by the form and substance of the resolution, that’s a legitimate conclusion to be drawn about the Green New Deal.

Following Up: Sign the Deal – then Seize the Border Security Initiative

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border security, border wall, Congress, crime, criminal aliens, Defense Department, Democrats, detention, Following Up, government shutdown, ICE, illegal aliens, Immigration, Immigration and Customs Enforcement, national emergency, shutdown, Trump

From what’s known of it, I’m as angry about the border security deal reached last night by Congressional negotiators to avert a new partial federal government shutdown as much as any immigration realist and/or supporter of President Trump. Even so, I would urge the President to sign it. (If he can win a few small improvements over the next day or two, as he’s just suggested he’ll seek, fine – but nothing achievable is worth sinking the agreement.) Then I’d recommend that he move to keep his promise that “we’ll be building the wall anyway” by using statutory authority to use Defense Department and other federal assets and resources to engage in barrier construction and secure the border in various other ways. In addition, the Trump administration should redouble efforts to keep his opponents on the defensive politically by shining the spotlight even more brightly on border security gaps left wide open by deal provisions they’ve insisted on.

I know that in yesterday’s post I argued that the Congressional Democrats, who have increasingly made clear their desire to gut meaningful border security completely, would both own a new shutdown morally (in terms of responsibility for government workers and contractors temporarily denied paychecks) and possibly pay a heavy price politically. The trouble is, that contention assumed that the Democrats’ latest cynical gambit, a new, goalpost-moving demand to shrivel (further) the federal government’s ability to detain apprehended illegal aliens – including surging numbers of border crossers – until their status hearings are held, would prevent the negotiators from reaching any agreement.

Consequently, any number of such aliens, including convicted criminals, would be released into American society, with little reason to believe many of them would risk a deportation decision (which would not be first for many). The result, as I wrote yesterday, would be a big victory for the Democrats’ principal goal of maximizing the number of migrants who can set foot on American soil to begin with, who consequently could avail themselves of the full range of legal due process protections to which everyone within U.S. territory is entitled, who would be released before their status hearings, and who would be scot-free to live and work in the United States until the Open Borders crowd could implement yet another amnesty.

Instead, the negotiators came to a conclusion that they, at least – if not necessarily many in their respective parties – could accept. There’s no denying that its threadbare reported barrier appropriation figure ($1.375 billion) would leave the current border security situation just about as unacceptable as it is today. So would the reported new quota on detention beds, which represent a big part of Washington’s ability to ensure that individuals arrested for immigration-law and related transgressions show up for hearings.

Final judgment should be withheld until the official text of the deal is released – especially on the beds issue. But some of the worst possible outcomes – from an immigration realist perspective – appear to have been avoided. In particular, although previous votes by Democrats so far haven’t been enough to prevent closet Open Borders supporters like House Speaker Nancy Pelosi from declaring walls to be “immoral,” the new agreement will make this childish position more difficult than ever to take. In addition, the current number of border detention beds is being cut, but not, it seems, by nearly as much as the Democrats recently sought, and the Immigration and Custom Enforcement (ICE) agency apparently will retain flexibility in their location.

Further, as its spokespeople have insisted, there’s a strong argument that President has ample legal authority to build and strengthen more in the way of barriers than the deal approves – even without taking the highly controversial step of declaring a national emergency. For example, as noted by one of my Twitter followers (“TruthHunterMan”), in a variety of circumstances, federal law states that “The Secretary of Defense may provide support for the counterdrug activities or activities to counter transnational organized crime of any other department or agency of the Federal Government or of any State, local, tribal, or foreign law enforcement agency.”

Moreover, this statute specifies that one of the purposes for which this assistance may be provided include “the transportation of supplies and equipment, for the purpose of facilitating counterdrug activities or activities to counter transnational organized crime within or outside the United States” and, more specifically, “Construction of roads and fences and installation of lighting to block drug smuggling corridors across international boundaries of the United States.”

In addition, as stated by White House Acting Chief of Staff Mick Mulvaney, “We will take as much money as you can give us and then we will go find money someplace else legally in order to secure that southern barrier.” So let the search intensify.

Finally, the Trump administration has done a fair job of publicizing the dangers to public safety posed by inadequate border security, but much more is possible. For instance, couldn’t the administration vividly illustrate how limits on detention are forcing the release of dangerous aliens by publishing on a regular basis the names of these individuals and the charges against them? And maybe some mass releases could be conducted regularly, too – with officials reading this information to broadcast news audiences as the migrants in question are set free? That would sure be Must-See TV. 

This strategy would have the added virtues of freeing federal workers – especially low-wage workers employed both directly and indirectly through contractors – of the threat of real economic hardship; of avoiding the forced labor situation that results from requiring essential workers to report to their jobs even if their departments aren’t funded; and of ensuring that the quality of vital services like air traffic control and Department of Homeland Security missions including Coast Guard patrols isn’t dangerously degraded.

Even passage of the latest full Trump proposal wouldn’t have strengthened border security much in the near future. So signing the Congressional compromise clearly wouldn’t produce a fatal setback. The main challenge now before the President is to flip as much of the script as he can, and capitalize on all the opportunities before him to secure as much of the border as America can ASAP.

Im-Politic: Why Democrats Will Own a Second Shutdown

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barriers, border security, border wall, Congress, crime, Democrats, detention, government shutdown, ICE, illegal aliens, Im-Politic, Immigration, Immigration and Customs Enforcement, Lucille Roybal-Allard, Open Borders, Trump

With Congressional negotiators still racing to reach a deal, it’s unclear whether or not they’ll be able to reach the immigration and border security policy compromise needed to avoid the second partial federal government shutdown in two months. What’s completely clear, however, is that although President Trump declared that he “owned” the first shutdown, Congressional Democrats will deserve the blame this time.

The reason? In recent days, they’ve removed any doubt that their position has nothing to do with their stated belief that border walls are “immoral,” or even that President Trump’s focus on new barriers of any kind is hopelessly out of date. Instead, these Democrats – or at least their leaders – have now disclosed that their real price is a big step toward gutting any meaningful enforcement of immigration law.

Skeptics obviously haven’t paid attention to the course of Congressional negotiations since Friday. At that point, both Republicans and Democrats were expressing guarded optimism that a deal was in sight that involved keeping the entire federal government open in exchange for including actual funding (i.e., appropriations), for more barriers in the Department or Homeland Security (DHS) budget for the current fiscal year – not the kind of unenforceable promise to authorize certain levels of spending over the course of man years that marked previous recent efforts to keep the whole government open.

Hopes for a deal aren’t dead yet, but over the weekend, the Democrats dealt them a major setback by moving the goalposts. Their major new demand was for an unrealistically low (given the great recent increase in would-be border crossers of all kinds) limit in the number of beds maintained by the U.S. Immigration and Customs Enforcement (ICE) agency to detain individuals arrested for violations of immigration law.

Congressional Democrats described their stance as an effort to impose sanity on the Trump administration’s immigration enforcement priorities. In the words of California Rep. Lucille Roybal-Allard, “A cap on ICE detention beds will force the Trump administration to prioritize deportation for criminals and people who pose real security threats, not law-abiding immigrants who are contributing to our country.”

But no one can seriously doubt that crippling immigration enforcement is the real objective. In the first place, although it’s tempting – at least for argument’s sake – the critics’ charges that the Trump enforcement dragnet is too broad, let’s not forget that a key demand of many Democrats in recent months has not been to reform ICE practices, but to abolish the agency.

Second, there’s every reason to view the Democrats’ definition of “criminals” and “real security threats” as far too narrow. For example, many U.S. illegal aliens who hold a job are committing identity fraud in one form or another – including theft of Social Security cards. Critics of strict enforcement of immigration law tend to belittle these violations, and if you agree, that’s your right – but please spare me your complaints the next time you’re victimized by identity theft, or  become upset that constantly rising Social Security outlays are fueling the national debt.

Moreover, closet Open Borders supporters have a long record of defining down below the “serious” level many crimes that physically harm or endanger individuals – including assault, battery, sex offenses, drunk driving, and gun-related crimes.

And these coddlers of illegal alien crimes aren’t restricted to the Mainstream Media. In Montgomery County, Maryland – a suburb of Washington, D.C. – lawmakers introduced a measure to provide taxpayer-funded legal aid to illegal aliens that originally would have extended such assistance to illegals convicted of offenses such as “fraud, distribution of heroin, second- and third-degree burglary and obstruction of justice….” And let’s not forget the indulgent attitudes and practice of the nation’s many sanctuary jurisdictions.

What the Democrats pushing for fewer beds really want is a de facto (at least at first) U.S. immigration policy that prioritizes maximizing the numbers of foreign migrants able to set foot on U.S. soil, to thereby avail themselves of the wide range of due process protections afforded to anyone within this country’s territorial limits, and to then be released shortly after their initial apprehension.

As a result, these migrants – including declared asylum seekers and would-be refugees – will be completely free to skip their scheduled status hearings, and to become eligible for whatever future amnesties the Open Borders crowd has in mind once it regains enough power in Washington.

Of course, it’s one thing to make the case on the merits that the Democrats will own this shutdown. It’s another entirely for Mr. Trump to convince the public. Making this sale could represent his biggest challenge yet as President.

Im-Politic: Shutdown Lessons – So Far

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border security, border wall, China, Congress, Democrats, E-Verify, election 2020, establishment Republicans, government shutdown, illegal alien crime, illegal aliens, Im-Politic, Immigration, Mitch McConnell, Nancy Pelosi, North Korea, Paul Ryan, Populism, Russia-Gate, shutdown, Swamp, Trade, Trump

Since the fight isn’t over by a long shot, it’s chancy at best to try to figure out many of the biggest implications of President Trump’s decision to reopen the shut down parts of the federal government despite getting no new funding for a Border Wall or any new physical barriers aimed at strengthening border security. Still, here’s what looks reasonably clear at this stage of the struggle:

>First and foremost, the shutdown situation, context, and therefore even the verdict were set in stone more than two years ago by the Russia collusion/election cheating charges, by the opposition (mainly passive) to President Trump’s immigration agenda of the establishment Republicans still so prominent in Congress (and not just in its leadership) during the Trump administration’s first two years, and the resulting politics of impeachment.

That is, as I’ve written previously, from his first day in office, Mr. Trump needed to secure the protection of Congressional Republicans – including their establishment ranks. Therefore, he needed to prioritize their top issues, like Obamacare repeal and a tax cut heavily weighted toward business, rather than his top – populist – issues, like fixing America’s broken trade and immigration policies.

It’s true that in his second year, the President has ramped up the pressure on leading trade predator China and on other mercantile economies (with his steel and aluminum tariffs). But unlike the Border Wall, those measures didn’t require Congressional funding, or any form of approval from Capitol Hill. (The new trade deal with Mexico and Canada to replace the North American Free Trade Agreement seems to be moderate enough to at least have attracted mild endorsements from the Big Business-run Offshoring Lobby.)

And if establishment Congressional Republican leaders like former House Speaker Paul Ryan and current Senate Majority Leader Mitch McConnell weren’t going to go the mat for the Wall (which of course would also have required helping to persuade some moderate Democrats to come along as well) when the GOP controlled both houses of Congress, there was absolutely no way Mr. Trump could have generated Wall funding once the Democrats gained control of the House.

Incidentally, it’s being reported by at least one non-anonymous source with first-hand knowledge that the President himself provided some confirmation for this argument – by blaming Ryan for “having ‘screwed him’ by not securing border wall money when Republicans had the majority….”

>If you’re going to shut down the government, and especially if you’re planning to dig in your heels for the duration, shut down the right agencies. For example, if the issues are illegal immigration and law enforcement, don’t shut down the Department of Homeland Security – which is chiefly responsible for protecting the nation’s security in these areas. If you’re a Republican, don’t shut down the Agriculture Department, whose rural constituency is overwhelmingly Republican and conservative, and which was already unhappy enough with the President about China trade policies that had pretty much shut down America’s immense soybean exports to the People’s Republic. Also if you’re a Republican don’t shutdown the Federal Aviation Administration – because victims are especially likely to be businessmen and women and other relatively affluent voters – who provide lots of actual and gettable Republican votes.

>Consequently, the politics of shutdowns, and of some aspects of political populism, are becoming clearer than ever – especially if they’re long ones. And many of these should have been obvious from the start.

Most obvious, voters of all kinds – populists and non-populists alike – who are receptive to anti-government arguments get a lot less anti-government when the affected services affect them directly.

Less obvious, populist voters themselves say and act happy to see populist politicians act like disrupters when it comes to the mutually supportive networks of corruption and propaganda set up by establishment politicians, lobbyists, consultants, think tank hacks, and mainstream media journalists in the Washington, D.C. Swamp The same goes for establishment policies they believe have brought them nothing but trouble, like mass immigration, offshoring-friendly trade deals, and pipe dream foreign wars and similar ventures.

What they don’t want disrupted is the steady stream of government services that make their lives easier – and even viable in the first place.

>For reasons like the above, it’s unimaginable that Mr. Trump will follow through with his threat to shut down the government again if he can’t persuade Democrats to compromise acceptably on Wall funding. His best hope for some kind of partial win is to portray himself as the reasonable party, and the Democrats as the arrogant, rigid extremists.

>In that vein, expect continued, and even more frequent administration activity spotlighting crimes by illegal aliens – especially in the districts and states of key lawmakers. But success is also likely to require claims (which are entirely credible, in my opinion) that illegal aliens steal jobs from native-born Americans and/or drive down their wages, and that the leading victims include minority Americans.

>One particularly effective tactic would be for the administration to push for mandating that businesses use the E-Verify system to prevent illegal aliens out of the national job market. E-Verify is currently being used on a voluntary basis by many companies (not including most Trump-owned companies), and by all accounts is extremely accurate. (That is, it snares virtually no innocents in its electronic net.) But its use so far has been voluntary, meaning that companies that blow it off get legs up on their competition by virtue of easy access to bargain-basement illegal employees.

>Another potentially effective talking point that the administration has strangely ignored: focusing on the sheer numbers of foreigners who’d be likely to swamp U.S. borders – and the country’s asylum system – without more effective physical barriers. The administration and all of its spokespeople and media supporters should keep asking the question of Democrats: How many tens of millions of these would-be immigrants and asylum-seekers can the United States afford to admit?

>If these Trump efforts fail, declaring a national emergency looks like the President’s best bet to reestablish credibility with his base and perhaps with fence-sitting voters and Members of Congress, and even some legislative opponents.

Such a move could also go far toward putting the most politically damaging aspects of this issue behind him. After all, there’s little that opponents can do about such a national emergency declaration other than try to tie it up in the courts. And Mr. Trump could – credibly, in my opinion – respond by using information about illegal aliens crime to accuse them of endangering their countrymen and women’s security. So even if rulings by friendly judges hold up actual Wall construction, Mr. Trump’s political position could benefit.

>The President also could well be tempted to score political points by pressing harder to win some foreign policy victories. A China trade deal and significant progress in limiting the nuclear weapons threat posed by North Korea are the two most obvious candidates, but presidential over-eagerness could seriously undermine major American interests.

I’m most worried about the administration’s dealings with Beijing, given the talk out of China of ending the current trade conflict for the foreseeable future by buying lots more American goods and services. More Chinese imports from the United States would be welcome – no mistake about that. But not if the price is letting Beijing off the hook for its ambitions literally to steal and subsidize its way to global supremacy in key technologies that not so coincidentally have big defense implications.

>Finally, re shutdowns themselves, the policy of requiring furloughed workers to do their jobs without getting paid strikes me as completely unacceptable. In other circumstances like this, at home or abroad, these practices are called “forced labor” or “wage theft.” And they’re rightly condemned. Nearly as bad, these furlough practices help pro-shutdown politicians curry favor with their supporters while mitigating or at least postponing the harm to the public – including those supporters.

In other words, if you’re for a shutdown, make it a real shutdown. For any agency whose funding is cut off, the workers stay home – and the jobs they do don’t get done. If that means chaos ensues and public safety is put at risk, too bad for shutdown-ers. They’ll own it.

>Speaking of owning it, that’s the situation that House Speaker Nancy Pelosi now finds herself in not only regarding border security but every issue that comes up in national affairs. In particular, when you show you’ve gained enough power to win political battles, you also show that you’ve gained enough power to frustrate initiatives that may be unpopular among your caucus in Congress, or some of your caucus, but that may be popular with everyone else. So forget about the the idea that Pelosi is now free to conduct a campaign of all-encompassing resistance to the Trump agenda, and to dictate terms of those proposals that she is willing to consider.

>And finally, that’s one of the many reasons it’s way too early to predict how the shutdown fight will impact the next presidential election. The main additional reasons: There’s still a long ways to go before that campaign achieves critical mass, and any number of events could turn the political calculus upside down. And similarly, it’s glaringly obvious that the Trump era news cycle – along with the national attention span – is already the shortest in recent memory – and could well keep getting shorter.