Monthly Archives: October 2019

What I Want from the Media

My memory may be faulty but as I recall the years of the Vietnam War and after for some time, you knew that in the early evening the “news” would be on television. There were, of course, only three networks but you did have some choice. My favorites were Walter Cronkite and commentator Eric Sevareid on CBS, but there were other significant “anchors” and analysts that I often chose to watch. By and large, Cronkite told you what happened that day around the world. There were news “reports” from the field often accompanied by film footage, especially during the War.

The news shows weren’t very long but you generally felt you got the gist of important developments since the prior evening. And, in the meantime, you also had access to newspapers that were published in some places twice a day or even more. In Memphis, Tennessee, where I spent my formative years, we had a morning paper, the Commercial Appeal, and an evening paper, the Press-Scimitar. The latter ceased publication in 1983, long after I had departed the city, but the Appeal still publishes seven days a week.

Cronkite and Sevareid were both news geniuses. Cronkite was considered one of the most trusted newsmen in the country, and Sevareid, in a few minutes of prepared remarks, would provide incisive thoughts to help you understand the events of the times. In later years I encountered Sevareid several times eating lunch in a restaurant near my Washington law firm’s offices. He seemed usually to dine alone and I never worked up the nerve to interrupt his solitude. I was pretty sure he was still thinking deeply about what was going on in the world.

Of course, I understand that times have changed. We have the internet and 24-hour cable TV “news” shows like CNN. And 24-hour propaganda shows like Fox News. Many great newspapers have failed as a result; all are challenged to remain viable in the era of “free” news around the clock.

What troubles me the most is that the cable news shows that you can turn to while the networks continue showing the mind-numbing garbage that they have contracted to broadcast do not report the news of the day. Instead, they seem to focus on one or two stories and repeat the coverage of them until something else they deem worthy of coverage happens. If you watch CNN on any given day, you will see that anchor after anchor repeats the “Breaking News” mantra that the prior anchors have already reported, calling on many of the same field reporters to “being us up to date on what you have learned.” There follows the same story that the prior segment covered, often involving the same questions and the same answers.

The other favorite of CNN and its competitors is the panel of “experts.” Back in the day, we had Sevareid; now we have panels of experts, again often repeated in subsequent segments. Worse yet, the cable shows appear to believe they are obligated to be “balanced” in their coverage, which has the effect of making them complicit in the false equivalencies that the Trump administration shills are pitching. Cronkite and Sevareid were interested in “equivalencies.” They saw their jobs as reporting the truth. After being fed an endless stream of lies about the combat outcomes in Vietnam, Cronkite famously had had enough and said so on the air.

It was a breathtaking moment in journalism and, I believe, in that moment changed the opinions of millions by telling the truth. He didn’t then bring on an administration shill to argue that the reports of combat outcomes were in fact correct. No panel of experts spent hours each day arguing about it. And no one like Kellyanne Conway was given a voice over the network to spread administration propaganda. A news show was about reporting news of the day, often on a variety of subjects, not just repeating the same story all day until a new “breaking news” story showed up.

So, call me old fashioned and unrealistic. It won’t be the first time. I suspect there are many like me who are sick to death of having “news” presented as a panel discussion or, worse, a “debate” with administration shills and complicit politicians claiming that down is up and lies are truth. I doubt there is any way to return to the “good ole days” of news broadcasting but I continue to hope that at least some news figures will begin calling out the lies and propaganda when it is presented.

We have an important election coming up in 2020, an election that may well determine the fate of the American republic. Meanwhile, there is going to be an impeachment inquiry and investigation of the president and his henchmen/women who have violated multiple laws and their oaths of office. It is crucial that the American people get the truth about these events. CNN, MSNBC and the others need to rethink their approach to news reporting before it is too late. If they help Trump get re-elected, by continuing to serve as vehicles for his disinformation campaign, he will turn on them with a vengeance. He will then be a lame duck and will have nothing to lose, nothing to restrain his authoritarian propensities now so fully on display.

Whistling by the Graveyard

On August 25, 2018, the New York Times published a “News Analysis” of Donald Trump’s treatment of the American legal system:  Trump’s War on the Justice System Threatens to Erode Trust in the Law, by Michael D. Shear and Katie Benner. https://nyti.ms/2oINv1V

The piece opens with this:

In his attempt at self-defense amid the swirl of legal cases and investigations involving himself, his aides and his associates, Mr. Trump is directly undermining the people and processes that are the foundation of the nation’s administration of justice.

The result is a president at war with the law.

Further, and presciently,

The president’s public judgments about the country’s top law enforcement agencies revolve largely around how their actions affect him personally – a vision that would recast the traditionally independent justice system as a guardian of the president and an attack dog against his adversaries.

The comment ends with this:

“No matter when this all ends, Trump will have caused long-lasting damage to the ability of the Justice Department and the F.B.I. to execute on its mission…. He is sacrificing our public safety and national security on the altar of his own ego.” [quoting Christopher Hunter, a former FBI agent and prosecutor]

Certainly, the authors could not have precisely foreseen how Trump’s approach to governance would lead to the present circumstances, but their overall impression of the direction of Trump’s presidency was stunningly accurate.

Now, perhaps emboldened by what he convinced himself was “exoneration” by Mueller and thus a free hand going forward, Trump has been caught out trying to use a foreign power to influence the 2020 election. And, the evidence is clear, Trump and his loyal team of lawyers, who were also allowed to skate by Mueller, have clumsily tried to cover up the president’s crimes by secreting the records in a computer system designed to contain only coded high-security information. Indications are that this is not the first time they have done this. As we have come to expect, Trump responded to all this by threatening his “enemies,” attacking the press and deflecting by inventing others’ offenses that he purports to expose.

All of that was simply too much for the Speaker of the House, Nancy Pelosi, who called for an impeachment inquiry and had the votes to do it. Trump responded by declaring that Pelosi was no longer the Speaker of the House. This from a man who publicly swore a solemn oath to protect and defend the Constitution of the United States.

Also, as we have come to expect, Republican enablers in and outside the White House rushed to Trump’s defense with all manner of false and hysterical claims. While the wagons were being circled, more news emerged, including that Secretary of State Pompeo was listening on the Trump-Zelensky call even though he indicated otherwise in television interviews. Trump is demanding to “face my accuser” and has said that the White House is trying to determine the whistleblower’s identity even though the governing law provides for protection of that individual’s identity. Trump supporters have offered a large cash award for anyone who will conclusively identify the whistleblower. Trump has not repudiated them for this action, arguably putting the whistleblower’s life in danger.

And so it goes. Meanwhile, the Editorial Board of the New York Times and the editors of the St. Louis Post-Dispatch have both called for Trump to resign. Likely, other major newspapers will join the list. What goes around ….

The Times if, of course, still trying for “journalistic balance,” by giving print space to defenders of Trump to make their case. The same Sunday that the Times printed “The Allegations Are Grave. An Election Is at Risk. The Founders Were Clear,” a half-page op-ed appeared, entitled “Impeachment Is an Act of Desperation,” by Christopher Buskirk, publisher and editor of the very conservative website American Greatness. Buskirk’s argument is the reason for the title of this post.

Buskirk posits that by proceeding with an impeachment inquiry into Trump’s conduct, the Democrats are playing into the Republicans’ hands and assuring Trump of victory in 2020. Why? Because (1) “we’ve all been down this road before” and nothing Trump has done or said so far has affected his support that “has bounced around in more or less the same range since he took office,” (2) what about Hunter Biden in Ukraine? (3) impeachment “success requires broad public support,” and (4) Democrats can only beat Trump by focusing on the issues.

The corollary to the first point is that “there will be no resignation, there will be no conviction in the Senate.” That is probably true, but it misses the point that Trump’s conduct is so egregious across a broad range of areas and issues that a well-presented impeachment case in the House will serve the Democratic agenda in 2020 as well or better than any candidate on her/his own. It also ignores the Democratic sweep of House seats, and return to a majority there, in 2018. Finally, to claim that Trump’s popularity has not been affected by his prior egregious acts in office ignores the reality that his “popularity” is very low. These are not the likely elements of a winning position.

Buskirk’s second point is the classic Republican trope transplanted from Barack Obama (the usual target of Trump ego-angst) to Joe and Hunter Biden. But, no matter what the Bidens may have done in Ukraine, and so far there is no evidence of wrongdoing, a point made repeatedly by past and present Ukrainian officials with reason to know, it would not justify Trump’s attempt to arm-twist a foreign government into investigating a domestic political opponent. Except for self-defense against physical threats, American law does not support a defense that “someone else broke the law so I can too.” This is essentially the “Hillary’s emails” defense and it’s worthless. As Yogi Berra famously said, it’s déjà vu all over again.

Buskirk’s third point – impeachment success requires broad public support – is, I believe, simply wrong. Impeachment requires only a smartly executed process of compiling and presenting for public viewing the evidence of corruption in the multiple scenarios in which Trump has acted as if he were above the law. But even if Buskirk’s claim is right, we are in early days and it’s premature to conclude that the public won’t get on board as the evidence of Trump’s venality and illegality is presented. Again, this assumes the presentation is properly done. I have argued repeatedly that this must not turn into another political show with politicians sitting on the House committees trying to act like practicing prosecutors. Develop a list of “points to be proved” and leave the questioning to experts that know how to do it.

Finally, the fourth point that defeating Trump requires beating him on the “issues,” is an attempt to divert attention from what is at the root of the current mess. Trump has willfully violated a serious federal law designed to protect American elections from foreign interference and then tried to cover it up. Moving the records to a secret computer for coded security information is functionally equivalent to Richard Nixon’s deletion of 18.5 minutes of tapes involving a crucial meeting between the President and his Chief of Staff H.R. Haldeman, the revelation of which ultimately destroyed Nixon’s support in the Senate and forced his resignation prior to being impeached and removed. Trump’s crimes are extremely serious and they follow a thoroughly documented showing of at least 10 prior instances of criminal obstruction of justice in the Mueller Report. He was only saved from indictment by Mueller because the Department of Justice, dubiously, has opined that a sitting president may not be indicted.

Buskirk argues that impeachment of Trump now is just “political theater” and “more Washington psychodrama.” He claims the voters are simply uninterested in the crimes Trump may have committed and that they “just want to know what Washington is going to do for them.”

Methinks Buskirk has it backwards. Trump’s most ardent supporters seem only interested in political theater. The proof is evident in the endless tapes of Trump’s rallies that have little or nothing to do with “issues” and everything to do with performance. Trump is a star in that crowd because … he’s a star. He gives voice to their anger and fear and they see no irony in the fact that he is rich and unlike them in almost every way. He does not really share their fear and anger; he puts on the show they came to see and they love him for it even though the hard evidence is that he has done virtually nothing to make their lives better.

And that is the ultimate point. Even if Buskirk’s assessment regarding the “issues” is correct, it fails to reckon with Trump’s massive and ongoing failure to deliver on most of his electoral promises. If indeed it is only “issues” that will motivate the voters, and Trump’s illegal and immoral conduct of the Office of President and multiple violations of his oath of office are not “issues” of interest or force in the election, Trump’s performance still fails. Most of his governance actions are for “show” to impress his political base but it is not a stretch to show how he has failed to deliver.

So, is impeachment a mistake? I don’t think so. Democrats have been handed a weapon by Trump that needs to be used with surgical precision. We have a criminal in the White House, a person who does not respect the office he holds or guiding principles of the government he swore to serve. It should not be hard for the Democrats to show this to the electorate in a compelling way, to motivate their own base to go the polls in 2020 and, if Donald Trump still sits in the White House, to send him packing.