Im-Politic: On Kavanaugh, Ford, and Fairness

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Brett Kavanaugh, Christine Blasey Ford, feminism, gender politics, Im-Politic, jurisprudence, law, presumption of innocence, Senate, Senate Judiciary Committee, sex crimes, Victorian era

The Brett Kavanaugh mess slogs on, and I’m still detecting some major misconceptions surrounding the federal judge’s nomination for a Supreme Court seat. Herewith my effort to clear up perhaps the biggest: that the Senate Judiciary Committee and full Senate should apply the same standards of evidence and presumption of innocence when considering the charges against Kavanaugh as these bodies would if he were facing criminal or even civil charges.

There’s no doubt that Kavanaugh deserves fair treatment, and that, all else equal, accusations alone shouldn’t be enough to derail his confirmation. But Kavanaugh is not on trial; so far he faces no punishment, either in the form of jail time or fines. His reputation has indeed been wounded, perhaps mortally so, and that’s far from nothing. Kavanaugh’s family in particular deserves everyone’s deep sympathy. Yet no one can overlook the distinct possibility that his reputation deserves to have been wounded, and that if so, the responsibility for his family’s sufferings would rest on his shoulders. 

More important, this issue of course brings us to the central challenge of defining fairness – both in and out of court – and in connection with sex offenses, especially when allegedly committed by men against women, and even in the absence of corroborating evidence. In a world, or country, in which men and women enjoyed full equality not only legally, but in terms of political and economic power, and expected social and cultural standards, Kavanaugh and other “defendants” would certainly merit the longstanding presumption of innocence (especially in court).

But for all the stunning progress made by women in America in recent decades, we still don’t live in that world or country, especially on the political and economic power and expected norms front. In this respect, those who insist that Christine Blasey Ford’s charges specifically pass the main legal tests developed over the past several centuries of Anglo-American jurisprudence overlook how thoroughly this jurisprudence has been developed from a male vantage point; how strongly this jurisprudence in turn has been shaped by equally long centuries of legally mandated subordinate status for women, along with assumptions of their biological and even moral inferiority (remember Eve?); and by the related and never-to-be-underestimated emotional and psychological need to rationalize this unequal treatment continually.

One crucial result that’s directly relevant to sexual assault cases is the longstanding stigmatization of women who come forward – as, e.g., actively responsible, passively complicit, irrationally or jealously misandrous (the male version of misogyny) – that has created towering barriers to any type of reporting, and equally towering incentives to keep silent, and even to try actively to forget. These barriers and incentives themselves have reflected beliefs in women needing to know their place and – as inherited especially from the Victorian era – to represent (male-created) ideals of purity and virtue. And the unjustified shame implanted in female sex offenses victims by these lingering Victorian prejudices must inevitably and greatly worsen the feelings of humiliation and pain and generalized fear that play their own immense and distinct role in both inhibiting prompt reporting and clouding memories.

The feminist movement directly challenges all these beliefs and practices. All movements seeking mass change on so many levels, and in such sensitive realms of life, will inevitably produce excesses. And surely because feminism (which of course has emerged in many different forms) has challenged the most fundamental element of any individual’s identity, and therefore has created such unusual tumult in our private as well as public lives, its excesses may have been, or at least seem, comparably unusual (especially from a male vantage point).

But the demand that the modern handling (legally and even politically) of sex offenses rigidly follow all or even most of the standards of fairness rightly prized for so long in other situations completely ignores all of these past inequities – as well as their ongoing legacy.

This doesn’t mean that women should always be automatically believed, or that the presumption of innocence should be abandoned wholesale, especially in legal proceedings. And it certainly doesn’t mean that all men are at least passive predators, much less that they require man-shaming – least of all in high school or college (where I’ve been told directly it’s become widespread in humanities and social sciences courses).

It does, however, mean that the nation recognize that the needed gender-related social and related cultural and social transformations that gained critical mass in the 1960s and 1970s are now, because of the #MeToo movement, proceeding at record speed – and that this acceleration is needed, too. Addressing sex offenses, as a result, has inevitably been thrown into a state of flux. Everyone, and every institution, is feeling their or its way – or at least should be. Given all the uncertainty created, mistakes and injustices will be unavoidable. But while ways should constantly be sought to prevent and minimize them, no one should pretend that in dealing with sex offenses, simply sticking to even America’s core notions of fairness and justice is entirely fair or just any more.

Im-Politic: Signs that the Left is Getting It on Trump-ism

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2016 elections, Arianna Hiffington, Bernie Sanders, Bill Clinton, cultural issues, diversity, Donald Trump, gender politics, Huffington Post, identity politics, Im-Politic, Immigration, Iowa caucuses, Jobs, John Judis, liberals, middle class, Robert Reich, sexual orientation, social issues, Trade, unions, Vox.com, wages, Wall Street Democrats, working class

On the eve of an Iowa caucus that could put Donald Trump firmly in the driver’s seat for the Republican presidential nomination, the nation’s intertwined political-media establishment seems pretty convinced of a remarkable trend spreading among long-time GOP fixtures: The party’s power structure is reluctantly but unmistakably making its peace with the idea that the bombastic real estate magnate and reality TV star will become their standard bearer and possibly the next president.

More recently, though, the chattering class has noted a development that might be at least equally important, especially for the longer term future of American politics. Many liberals are abandoning their standard portrayal of Trump as a simple racist, nativist, xenophobic, misogynistic, (ADD YOUR FAVORITE ADJECTIVE) demagogue.

Instead, they seem to be warming to the idea that Trump is a genuine economic populist, and one who is not only giving (needlessly crude) voice to widespread and legitimate working- and middle-class frustrations, but who is consistently pounding on specific themes with which progressives should be entirely comfortable. In fact, some of them have picked up on my claim from last September that there’s enough overlap between Trump’s positions and those of Democratic Socialist Vermont Senator Bernie Sanders to create the (eventual) possibility of a new and enduring left-right populist synthesis.

The latest sign has come from journalist John Judis, who for decades has been one of the few prominent media figures to focus on the politics of American economic issues and the economics of political controversies. Judis has just published an essay on Vox.com titled “This election could be the birth of a Trump-Sanders constituency.” In Judis’ words:

“Sanders and Trump differ dramatically on many issues — from immigration to climate change— but both are critical of how wealthy donors and lobbyists dominate the political process, and both favor some form of campaign finance reform. Both decry corporations moving overseas for cheap wages and to avoid American taxes. Both reject trade treaties that favor multinational corporations over workers. And both want government more, rather than less, involved in the economy.”

He continued:

“[E]ven if Trump and Sanders are denied the White House, their campaigns will have been extremely significant, perhaps even changing presidential politics forever. Their success in building a following in their parties is an early warning sign of discontent with the outlook that has dominated American politics for decades.”

I’d add, as I noted in my original post, that Sanders used to express realistic concerns about the impact of mass immigration on the wages and broader living standards of Main Street Americans. But when he decided to run for president, he apparently concluded that his campaign would make no headway among a critical mass of Democrats unless he went into full Hispanic-pander mode.

Of course, readers familiar with the national media world know that Judis has long been distinctive among his peers for recognizing how much of the Democratic party’s mainstream has drifted away from its working- and middle-class roots in favor of the kind of Wall Street-friendly outlook championed by former President Bill Clinton. I suspect he would also sympathize with the idea that many more left-leaning Democrats have become too enamored with an agenda centered around identity politics and cultural issues that not only offers nothing to their traditional – whiter – base, but that treats their own values with thinly disguised and often open disdain.

As a result, what really stands out about the Judis article is the venue. For since its launch in 2014, Vox.com has established itself as a bastion of elitist liberals who in particular strongly endorse the trade and immigration policies so harmful to native-born U.S. workers. Its staff is also keen on the idea that Democrats should be helping to speed America’s transformation into a society and economy that’s both younger and more diverse racially and ethnically, as well as one that’s more globalized and cosmopolitan, greener, and alienated from traditional beliefs about family structure, gender and sexual identity, and employment patterns. Think of hipsters enamored with the idea of the gig economy.

Moreover, the Judis piece isn’t alone. Last July, Huffington Post was so dismissive of Trump’s – then embryonic – candidacy on so many grounds that it famously announced that it would stop reporting on Trump’s run as part of its political coverage. Instead, the website explained,

“we will cover his campaign as part of our Entertainment section. Our reason is simple: Trump’s campaign is a sideshow. We won’t take the bait. If you are interested in what The Donald has to say, you’ll find it next to our stories on the Kardashians and The Bachelorette.”

At the end of last year, Huffington Post reclassified Campaign Trump. Arianna Huffington, the site’s founder, made abundantly clear that her contempt for Trump was as heated as ever. But just this morning, one of her Associate Politics Editors posted an item titled, “A Democrat Explains Why She’s Voting for Donald Trump.” The main reason? Her hometown of Dubuque, Iowa

“is suffering from a stagnant economy, and [she] is disappointed with Democrats for failing to adequately turn things around. When Trump, a wealthy businessman who espouses protectionist economic policies, rails against nations like Mexico and China, [subject Rebecca] Thoeni says she can relate.

“‘People at the company I work for, they lost their jobs. They’re sending those jobs to China,” she said.’”

For good measure, the article’s author contended that this Iowan “is one of many working-class whites who make up a large portion of the Trump phenomenon currently sweeping across the country. It is a coalition that spans Southern states and the Rust Belt, which has suffered from economic decline, population loss and urban decay. It also includes a good chunk of less educated Americans who do not have a college degree, and who feel like they’ve been ignored by leaders in Washington.”

A few days before, progressive stalwart Robert Reich wrote in a column about an epiphany he came to while touring the nation promoting his latest book:

“I kept bumping into people who told me they were trying to make up their minds in the upcoming election between Sanders and Trump.

“At first I was dumbfounded. The two are at opposite ends of the political divide.

“But as I talked with these people, I kept hearing the same refrains. They wanted to end “crony capitalism.” They detested “corporate welfare,” such as the Wall Street bailout.

“They wanted to prevent the big banks from extorting us ever again. Close tax loopholes for hedge-fund partners. Stop the drug companies and health insurers from ripping off American consumers. End trade treaties that sell out American workers. Get big money out of politics.

“Somewhere in all this I came to see the volcanic core of what’s fueling this election.”

Reich has by no means become a Trump-ite. But he acknowledged that”

“If you’re one of the tens of millions of Americans who are working harder than ever but getting nowhere, and who understand that the political-economic system is rigged against you and in favor of the rich and powerful, what are you going to do?

“…You don’t care about the details of proposed policies and programs.

“You just want a system that works for you.”

I could go on. But more important at this point is to note the publication of an article in The New York Times yesterday indicating that what’s happening is that the chattering class’ liberal wing is finally getting a message being sent it by the grass roots. The piece, by correspondent Noam Scheiber, reported a “form of anxiety…weighing on some union leaders and Democratic operatives: “their fear that Mr. Trump, if not effectively countered, may draw an unusually large number of union voters in a possible general election matchup. This could, in turn, bolster Republicans in swing states like Ohio, Pennsylvania, Michigan and Wisconsin, all of which President Obama won twice.”

And according to Scheiber, these Democratic stalwarts weren’t blaming American workers for succumbing to racism, xenophobia, etc. In their view, “The source of the attraction to Mr. Trump, say union members and leaders, is manifold: the candidate’s unapologetically populist positions on certain economic issues, particularly trade; a frustration with the impotence of conventional politicians; and above all, a sense that he rejects the norms of Washington discourse.”

There’s of course a distinct possibility that none of this will matter on Tuesday morning. Perhaps a Trump loss in Iowa – even a close one – will puncture the aura of invincibility and even inevitability that some believe is surrounding him, and trigger a collapse of his White House hopes. Or Trump could finally hurl one bombshell that turns off even his hard-core supporters. Or maybe once enough of his competitors drop out of the race, one of Trump’s remaining rivals could consolidate enough of the anti-Trump vote under one banner to send him to defeat. (Trump has never so far won a majority of Republican primary voters in any poll.)

But even if Trump flames out at some point, it’s increasingly clear that “Trump-ism” will remain with us. And if it finds a champion who can combine Trump’s passion with some softer personal edges and a somewhat thicker skin, both wings of the chattering class may regret that they don’t have The Donald to kick around anymore.