Saturday, May 25, 2024

How Trump Might Not and Say He Did

Probably Trump's most successful and popular option upon being elected would be let's not and say we did.  In other words, voters may say they want major changes, or even to burn it all down, but actually making major changes, let alone burning it all down, is almost never popular.  Despite Republicans' apocalyptic rhetoric, the country is in generally pretty good shape.  Why not make some minor changes and treat them as major.

Keep in mind that Trump did that quite successfully last time he was elected.  He spoke in dire tones of a country headed toward disaster.  Did the economy look successful?  It was a false prosperity, buoyed up by low interest rates and doomed to fail when interest rates went up as they inevitably must.  Was the stock market doing well?  It was a bubble, about to burst.  Did statistics say unemployment was below five percent?  Government bureaucrats were lying, cooking the books to make Obama look good.

And then Trump was elected and immediately these problems vanished.  All talk of a bubble ended, and stock gains were suddenly real.  Interest rates were appropriately low and should not be raised.  All those unemployment statistics that were fake last month suddenly became real.  I worked for a Trump supporter, and his talk turned from inevitably doom and being glad Democrats would win because they could not escape blame to morning in America in one day.  So it would doubtless be this time. Republicans who see our situation as catastrophic today will suddenly see it as great just as soon as Trump wins.

This is not to deny that the country has problems, just to be clear.  Of course there are problems.  There always have been and always will be.  But consider seriously our situation and just how quickly Trump can wish things away, just by invoking the power of the Great Right Wing Noise Machine.

The Economy:  

Fact:  The economy is growing at a healthy clip.  Unemployment is been below 4% for as long as it was before COVID.  Inflation peaked out at nine percent and is now around 3.5% -- above target, but hardly catastrophic.  No other country has recovered from COVID as quickly as we have.  Prices have not fallen to what they were pre-pandemic, nor will they, regardless of who is in the White House.  Also, the Fed has raised interest rates to combat inflation.  Interest rates are higher than they have been in a generation.  People are used to rates that are, by historical standards, abnormally low, and are feeling pinched as a result.

What Trump can do:  He has already announced that his mere presence in the White House will be so stimulative as to end our economic problems, which is another way of saying he has not plans to do anything at all, other than the usual Republican tax cuts.  Just take credit for the great economy.  The Great Right Wing Noise Machine will join in and soon our economic problems will be forgotten.

Gas Prices:  

Fact:  The US is a net exporter of gas right now and is pumping more oil than ever before. Worldwide oil prices have come down from their peak, but are higher than pre-pandemic (let along during the pandemic!)  There is room to debate why.  I suspect the Russia-Ukraine war (two major oil producers) is a reason.  OPEC may also be price squeezing.  Biden cannot tout this as an accomplishment because Democrats' policy is to move to renewables.

What Trump can do:  He will undoubtedly proclaim "Drill, baby, drill!" and ostentatiously remove all environmental restrictions on oil drilling. I do not know how much this will affect prices.  I think we can safely assume it will not increase production overnight.  He can also brag about how we are producing more oil than ever before and are a net exporter.  That happened before he was elected, but the Great Right Wing Noise Machine won't tell anyone that.  He has come out as strongly opposed to any alternatives to oil and gas, such as solar, wind farms, electric vehicles, etc.  However, it would make imminent sense to quietly maintain subsidies and development of these things.   The reason is obvious.  Oil prices, after all, are a matter of supply and demand.  Prices are high despite our pumping record amounts of oil.  I admit to not knowing how much effect removing environmental regulations will have, but probably not as much as Republicans think.  Meanwhile, creating alternatives to oil and gas reduce consumption and thereby bring down prices.  Just as Biden is presiding over an oil boom and cannot boast about it, Trump could preside over a renewables boom and not boast about it.  So long as it reduced oil demand and kept prices low, why not?

Budget and deficits:

Facts:  The US has been spending more than it takes in since 2001.  So long as interest rates were low, we could afford to borrow a great deal without paying too much in interest.  However, now that interest rates have gone up, so has the cost of borrowing.  The US really does have to trim its budget deficits, or the cost of debt service will eat up more and more of the budget.  The deficit increased by Donald Trump's 2017 tax cuts, COVID relief measures, and stimulus measures to get the country going again.  The stimulus worked.  The US economy has recovered faster than any other country, and with no more inflation than anyone else.  

Next year we are facing a perfect storm of deficit reduction.  Trump's tax cuts are set to expire, as is the suspension of the income limit for subsidies on Obamacare, as well as much of the infrastructure and local government subsidies passed as part of COVID recovery.  If all these are allowed to lapse, there will be major deficit reduction, but with significant pain.

What Trump can do:  By sound economic principles, the boom, not the bust, is the time to cut deficits. There is no doubt that taking so much money out of the economy will hurt.  But the hurt can be offset by an expanding private sector, and private sector expansion can be boosted by interest rate cuts.  Assuming the economy is still booming by the end of 2025, and that interest rates are still high (yes, I know, these are assumptions), anyone serious about the deficit make a deal with the Fed -- let all these provisions expire, and the Fed compensates by cutting interest rates.  Of course, no one is really serious about cutting the deficit.  As a Republican, Trump's natural impulse will be to keep his tax cuts and let the spending lapse.  If Democrats control at least one house of Congress, their impulse will be the opposite.  Doubtless some sort of compromise can be worked out.  But the point is, this does not have the same sort of urgency as the fiscal cliff under Obama.  That time, the deficit was about to drop in a still-depressed economy, with interest rates as low as they could go.  This time, there will be much more room to offset.

Crime:

Fact:  Crime spiked with the pandemic and riots. It has since mostly fallen back to the pre-pandemic baseline.  Trump's hysterical ranting about "immigrant crime" is pure fantasy, and nothing is so easy to solve as a problem that does not exist. Only two areas of crime remain elevated:  (1) crime in Washington, D.C., and (2) carjacking.  Carjacking is considered a "keystone" crime that can raise overall rates, so it is troubling.

What Trump can do:  He is proclaiming that he will reduce DC's municipal autonomy and federalize law enforcement to crack down on crime in our nation's capital, which is a realistic option.  Most crime is a state matter and there are constitutional constraints on what the federal government can do. However, given how mobile cars are and their close nexus to interstate commerce, it should be possible to pass some sort of federal anti-carjacking law that passes constitutional muster.  There are probably anti-carjacking bills that would pass even if the Democrats control one or both houses of Congress. Certainly such legislation would be popular.  Sponsor some sort of anti-carjacking bill, sign it with great bravado, and direct federal law enforcement agencies to prioritize enforcement.  Then brag about our declining crime rates.  As for the alleged "immigrant crime," prosecute a high profile case or two and have the Great Right Wing Noise Machine drop the subject.  End of problem!

Immigration:

Fact:  OK, this really is a problem.  It is not as bad as right wing hysteria makes it sounds. We are not being "invaded."  There is no "immigrant crime wave."  Illegal immigrants are not sacking and pillaging our cities.  But immigration rates are overwhelming our capacity to process it. Biden has somewhat reduced the rate with a combination of processing from afar and tightening the border, but it still vastly exceeds what we can handle.  And let's face it.  The US cannot admit everyone who wants to come here.  Some restrictions are necessary.  Biden made a huge forced error in abandoning Trump's "Remain in Mexico" policy with nothing to take its place.  A better option would be to leave the policy and work on making it more humane.  So some sort of tightening of our border is inevitable.

What Trump can do:  He can limit himself to border controls.  Attempting to end all immigration, or all non-European immigration, let along mass deportations will quickly show just how dependent we are on immigrant labor.  Anything approaching the sort of crackdown Trump is proposing will be disruptive and cause severe labor shortages, particularly in construction and agriculture, with predictable results to housing and food prices.  

Foreign policy:

Fact:  This is also a problem, though not a priority for most Americans.  I assume that when Republicans say they are reluctantly supporting Trump as the lesser evil because Biden has been "catastrophic," they are referring to the wars in Ukraine and Gaza. It also deals in counterfactuals, so this is less a matter of fact than speculation.

I think it quite likely that the Russian invasion of Ukraine would not have happened if Trump had won the 2020 election. Putin would have seen that he had a friend in the White House and would not have wanted to jeopardize that friendship.  Besides, he would no doubt have preferred to wait until Trump withdrew from NATO, making the invasion much easier to pull off.

The Gaza war is a different matter.  While Biden's policy toward the Middle East differed from Trump's in being less hostile toward Iran and less single-mindedly supportive of Saudi Arabia, he largely followed Trump's approach toward the Arab-Israeli conflict of working to normalize relations between Israel and Arab states while papering over the Palestinian question. Hamas's October 7 attack was largely intended to thwart upcoming normalization between Israel and Saudi Arabia.  I seems a safe assumption that Trump would also have sought to normalize relations between Israel and Saudi Arabia and seen that his his ultimate foreign policy victory.  It seems most likely that Hamas would have reacted exactly the same way.  Trump hold no influence whatever with Hamas, nor does their death cult seem likely to have been intimidated by him.

What Trump can do:  Most likely, by the time Trump is inaugurated the war in Gaza will have subsided to an occupation and low-grade insurgency. Trump can take credit for that.  As for aid to Ukraine, Trump appears to have decided to treat the issue as a purely financial one, rather than a matter of ideological commitment. Meanwhile, the European powers are frantically scrambling for an alternative to US aid in financing the war.  The best one they have found so far is the use of seized Russian assets to pay for weapons.  Trump seems to approve of arms sales, as opposed to military aid, since it is an opportunity to make money.  He call allow arms sales to Ukraine to his heart's content, so long as they are paid with confiscated Russian assets.  My guess is that the Chinese and North Koreans will also prefer not to jeopardize their friendship with Trump by starting any wars and will be content to postpone any such designs until after his term of office.  Iran is an interesting wild card and just might decide to develop a nuclear weapon, but Trump can always blame that his predecessor not stopping them.

Abortion: We know what Trump is going to do here. As little as possible.  He will leave this issue entirely to the states and let them take the heat on it..

Democracy:  But here is the thing.  There are moderate options that Donald Trump can take, and will undoubtedly will go better if he does take.  But this in no way reduces the threat he poses to democracy.  Quite the contrary, taking the moderate approach on all these other issues simply means following the smart authoritarian's playbook -- don't do anything unpopular unless necessary.  In fact,  pursuing popular policies offers the best cover for attacking democracy.

Can anyone doubt that as President, Trump would pardon everyone convicted of the January 6 election riot and any other crime committed on his behalf, as well as himself.  He can forbid the Justice Department from prosecuting any political ally, no matter how egregious their conduct. I am not all that concerned about Trump using the Justice Department to go after political opponents for the simple reason that there will be too many external constraints.  DOJ lawyers will have to find actual criminal statutes that Trump's opponents are purported to have broken.  Their cases will have to get by a grand jury, motions to dismiss submitted to the judge and, if it actually comes to trial, a jury.  

More dangerous are administrative actions, which have less external constraints.  Trump can harass any individual or organization opposed to him with IRS audits and challenges to its non-profit status.  He can impose a wide range of regulations (I admit to not knowing much about them) in a politically selective manner.  He can approve or disapprove mergers, award or deny contracts based on political considerations and lean on agencies to cook their books to make him look good (see Sharpiegate for a trivial example).  Our media have little government reliance, but he can lean on social media and perhaps use regulatory actions to promote right wing reports.

But probably most dangerous of all are the use of informal enforcement mechanisms by deranged followers.  Trump can tweet information about people who challenge him, including addresses, phone numbers, e-mail addresses and social media.  He can have the Right Wing Noise Machine amplify his reports.  And deranged followers can deluge anyone who challenges Trump with death threat and actual physical violence.  He can forbid the Justice Department from prosecuting such instances, and pardon the offenders.  He can unleash violence, or at least threats of violence, with a nod and a wink, and never anything direct enough to open him to criminal or civil liability.

And all of this will fly under most people's radar screens.  It won't bother most Americans, after all.  They will see a booming economy (inherited from his predecessor), falling crime (inherited from his predecessor), an anti-carjack bill, and boasting all over the right wing media.  Harassment of political rivals will take place out of the public eye, notices only by serious news junkies.  Even Trump's right wing mobs don't engage in the sort of conspicuous lawlessness you see on the authoritarian left.  They do not engage in mass riots (except on January 6), or occupy buildings, or block traffic.  They target specific individuals, mostly on the phone and online, sometimes at their houses, but always outside the public eye.  

And here is the real dilemma in dealing with a Trump presidency.  If he takes socially disruptive activity, like mass deportations, or attempting to repeal Obamacare, it will hurt his popularity, probably even among the party faithful and make it easier to stand up to him and defeat him, but the damage to the wider society and will be more serious.  If he refrains from such actions, and focuses narrowly on political rivals and subverting democracy, the larger society will go on, undamaged, but the harm to our institutions will be absolutely real and extremely hard to oppose.

Pick your poison.

PS:  And, right on cue, an announcement that OPEC plans to increase oil production in September to compete with increased US production.  Furthermore the International Energy Agency predicts reduced oil prices for the foreseeable future, largely as a result of reduced oil consumption and increased used of alternatives.  I expect falling gas price in September will be too late in the election season to do Biden much too -- it will just look like more political pandering.  But everything looks set to allow Trump to claim credit for reduced prices in a second term, so long as he doesn't blow it by attacking alterntiv

Tuesday, May 14, 2024

How to Stay Sane in the Face of Donald Trump

I would put the chances of Trump winning the next election somewhere between 50 and 70%.  How to stay sane under these circumstances?

  1. Have a Plan B.  Recognizing that all is not lost if Trump wins, and having a plan to hit the ground running if it comes to that makes the prospect of him winning less panic-inducing.
  2. Get news from mainstream sources.  Yes, this is very square advice, but it is also useful.  Cruising the Net for obscure sources bombards your mind with massive amounts of conflicting data, which is itself highly paranoia-inducing.  You get numerous obscure tidbits.  Some of these turn out to be important and you got a scoop ahead of time.  Others are just tidbits and never turn out to be significant.  And others turn out to be wild rumors and inaccurate.  Let someone else vet these obscure tidbits for you.  I learned this the hard way during the war in Ukraine.  Reading about what was actually happening was never as terrifying as reading speculation on what might.
  3. Understanding the phenomenon of catastrophizing is the best way to avoid it.  Catastrophizing means imaging the worst and convincing yourself it is inevitable.  This means not just a Trump victory, but what would follow.
  4. Turn off the news after a certain hour.  If it is important it will be there in the morning.  You lose nothing by waiting a few hours.
  5. Watch comedies instead. Laughter is very stress-relieving.
  6. Do not check the news when you are stressed for unrelated reasons.  Somehow the prospect of a Trump presidency always seems most catastrophic when I am stressed about something else.  And whatever I am stressed about becomes more overwhelming when I consider to prospect of a Trump presidency.
  7. Stay busy doing something constructive.  That may mean working to defeat Trump, working on Plan B, or doing something totally unrelated to politics.  Constructive activity concentrates the mind and keeps it off catastrophizing.
  8. Find a non-political hobby to enjoy.
So, do I follow my own advice?  Of course not.
 

Understanding Trump's Appeal

It isn't difficult really.  For the first three years Trump was in power, nothing particularly bad happened.  The economy grew at a healthy pace; unemployment, inflation, and interest rates stayed low; crime stayed low; and no major wars broke out.  News junkies like you or me saw problems, but they just didn't affect most ordinary people's lives.

And yes, people are over-idealizing Trump's presidency.  It is not just that they airbrush out 2020 altogether.  They forget the little problems that happened, just like they happen with any President.  I had a coworker who claimed there were no mass shootings when Trump was President.  My boss blamed a missed trash delivery on Biden.  Our country also attributes a certain mystique to successful businessmen and thinks they are particularly good stewards of the economy.  And Trump developed an absurd image of hyper-competence from The Apprentice.  

As for threats to freedom and democracy -- well, they didn't happen last time, so a lot of people dismiss the whole thing as so much hysteria, and nowhere near as important as gas prices.  And if he praises Hannibal Lecter at a rally?  Well, everyone knows Trump says nutty things sometimes.  But at least when he was President gas prices were low.

You know what really would hurt Donald Trump?  His pledge to cut off funding for schools with vaccine mandates.  "Donald Trump wants to defund the schools!"  Why aren't Democrats shouting this to the rooftops?

On to Specifics

So, considering in general the President's powers and limitations, what about Trump's specific plans.  He discussed some of these with Time magazine. In general, he is either lying or badly informed, sometimes to the point of being delusional.  He is also often incoherent, and it is hard to escape the suspicion that some of the incoherence is deliberate, when caught in that usual awkward bind of having to choose between alienating the party base or alienating the general public.

Immigration:  Trump has made immigration his signature issue, so naturally the interview starts with it.  He is particularly delusional on this subject, believing (or at least claiming to believe) that we are experiencing a huge crime wave, driven by illegal immigrants, many of them sent from jails and mental hospitals.  (The point of his recent bizarre ramblings about Hannibal Lector was to compare immigrants to an insane serial killer).  Thus he believes crime will massively fall if he engages in mass deportations. His proposal remains, in effect, to build the wall, which he claims he almost completed until Biden undid it, halt all illegal immigration and all asylum claims from the Global South, and deport all 11 million or so people in the country illegally.  He says he sees no need for widespread detention, as Stephen Miller has proposed, since he will deport everyone so quickly there will be no need.   He will engage local law enforcement and call up the National Guard when local law enforcement does not cooperate.

 Fact:  Crime really did spike following the pandemic, lockdowns, and riots.  It took a few years to fall, but is now mostly back to the pre-pandemic baseline (except for car jacking and crime in Washington, DC, which remain elevated).  There is no spike in immigrant crime.  Immigrants actually have lower crime rates than the general public.  But that rate is not zero, and in a country as large as the US, there are bound to be at least a few serious crimes committed by illegal aliens for Fox News to sensationalize.  Diverting law enforcement resources to immigration could cause crime to increase, depending on how much diversion there is.  (I doubt that federal diversion would make much difference, but if Trump diverts local law enforcement as well, it could make a difference).  About 450 miles of wall was built along a 2000 mile border. 

But I don't expect these facts will make much difference.  Crime may not fall at all, but if Fox stops sensationalizing it, crime will seem to fall.  Few people will actually traverse all 2000 miles of the border to see just how much of the wall has actually been built.  Much of Trump's secret to success has been to recognize that facts are largely irrelevant, except in extreme cases.  If he seriously attempts to deport so many people, this may turn out to be a case where facts are actually too overwhelming to ignore.  The logistics of deporting 11 million people will not be something that can be easily brushed aside.  And it can cause serious labor shortages.  Undocumented immigrants have been estimated to make a third of the work force in construction and over 40% of the workforce in agriculture.  Anything even approaching the sort of crackdown Trump and Miller are proposing will quickly drive home the point just how much we depend on immigrant labor. 

Generally looking at Trump's plans, the President's unilateral powers on immigration are vast, but not unlimited.  Trump can:
  • Cut the number of refugees admitted to zero
  • Revive his Remain in Mexico plan for asylum seekers
  • Revoke all humanitarian parole and Dreamer status
  • Proceed with deportations while his actions are under review with the courts
  • Federalize the National Guard for enforcement
  • Invite local law enforcement to join
  • Threaten to withhold federal funds from ones who do not
But there are limits.  He cannot:
  • Detain so many people unless Congress pays for detention facilities
  • Compel local law enforcement to cooperate
  • Use the Alien Enemies Act (1798!) to deport without due process
  • Be everywhere at all times and know everything
Police Immunity from Prosecution:  This is a bizarre one, but Trump has been calling for police to have immunity from prosecution, even if they commit crimes, and defending this as necessary for them to do their jobs. When pressed, he had no idea how to actually do that.

Theoretically, he can:
  • Direct the DOJ not to undertake any criminal or civil action against police for civil rights violation
  • Pardon any police currently convicted of federal civil rights violation.
  • Ask Congress for legislation exempting the police from the Civil Rights Act.  
He cannot:
  • Stop any state action, criminal or civil, for police abuses
  • Pardon police convicted of state crimes
  • Stop or pardon any private civil action against police for civil rights violation
  • Pass a federal law that would exempt police from state laws
This is best dismissed as meaningless blather.

Abortion:  This is one subject Trump desperately wants to run away from.  His usual answer to Time was to say it is a state matter and the federal government has nothing to do with it.  When pressed about federal restrictions on abortion medications, he managed to be completely incoherent.

Imports taxes:  Trump proposes to place a 10% tax on all imports and a higher tax on some.  He refused to be pinned down as to exactly what he was proposing.  He does not consider such taxes to raise consumer prices.  And it is true that during his first term, Trump imposed significant protective tariffs without damaging the larger economy.  (There was some damage to specific areas, but the economy was strong enough to absorb the damage without overall impact).

What Trump can and cannot do here is a bit unclear.  The Constitution clearly gives Congress the sole authority to raise taxes.  However, Congress has passed laws giving the President unilateral authority to charge imports taxes for reasons of national security, or against countries that discriminate against US products, or in retaliation.  Just how far the courts would uphold such actions is anybody's guess.  My own guess -- courts will bend with the political winds and allow Trump to impose whatever imports tax he wants -- unless it gets really unpopular.

Foreign policy:  There is very little anyone can do to constrain the President in foreign policy.  It Trump wants to abrogate treaty obligations and refuse to defend allies, very little can be done to stop him.  As for what he actually plans to do, he served an undigestible word salad.

Prosecuting political opponents:  What the President can and can't do in this regard is a major theme of my last post. Trump's interview was deliberately vague on the subject except to say that (1) he considered all the cases against him as political persecution, and (2) if the Supreme Court did not declare Presidential immunity, he would prosecute Biden, largely over policy differences and mistakes.  I am inclined to think the Supreme Court should set some parameters to presidential immunity to reign in Trump.

Ending civil service protections:  I am not going to go into the weeds with all the details of Project 2025, the plan cooked up by the Heritage Foundation.  Suffice it to say that much of it is a sufficiently radical overhaul of government and law that would have to pass Congress.  Congress has not impressed me of late with its penchant for radical reforms.  Moreover, much of what is being proposed would be wildly unpopular and almost certainly fail.  What has received most attention, and what might be doable without legislation, is to withdraw civil service protections for much of the federal middle management and replace them with ideological allies.  The most common number I have heard being replaced is 15,000, although some estimates put it higher, in the "tens of thousands."  Needless to say, the prospects of Donald Trump finding 15,000 people to fill the federal middle management are approximately zero.  So the Heritage Foundation (and other right wing groups) are doing the recruiting for him.

The obvious question is -- is this feasible.  Currently there about 4,000 at-will employees in the federal government, and that alone is slow and difficult to fill. The process may speed up with 15,000 (or more) Heritage Foundation recruits waiting in the wings. Some have argued that there is a sufficient wonk gap in favor of liberals that Heritage is unlikely to find enough qualified applicants.  Others believe that Heritage has lined up a highly qualified team.  

I must admit to not knowing enough to weigh in, but I will venture an opinion nonetheless.  I don't see any way to fire all of middle management and replace them, even with highly qualified candidates, without seriously disrupting the organization.  Even the most qualified candidate, if new to the job, has some learning to do. Recall when the entire management at the Department of Justice threatened to quit if Jeffrey Clark were allowed to pursue his claims of election fraud.  The threat was effective, not just because mass resignations on such a scale would attract attention and make a strong statement, but because it would make the Justice Department essentially unmanageable.  No doubt things would go more smoothly if there were replacements ready to take over.  But it surpasses belief that there would not be at least short-term disruption.

Of course, I am not clear how much that sort of disruption would be noticed by ordinary citizens who do not normally follow the news.  Nor do I know how long it would take for the confusion to work its way out and an ideologically committed civil service to start effectively imposing their agenda.

Trading policy favors for campaign contributions:  This is Trump's latest outrage.  I have little doubt that, if elected, he will, indeed, exchange policy favors for campaign contributions.  Of course, this had been going on for a long time, just not quite as blatantly.  I do believe that if anyone else offered policy concessions to oil executives in exchange for campaign contributions, public opinion would be outraged.  For Trump, the public will probably applaud in the belief that it will lower gas prices.

Ending Obamacare, cutting Social Security or MedicareThis would take an act of Congress. I do not expect it to pass because Congress is not suicidal.  Trump will not ask to cut Social Security because he isn't suicidal either.  He might seek to repeal Obamacare despite not being suicidal, because he is to dumb to realize he would be committing suicide.

Or, in the alternative, he might do nothing at all and say he did.  Trump's plan for solving our economic problems is to assume that his name will carry enough power to make them all go away.  Why not do the same thing for, say, all those illegal immigrants from prisons and mental hospitals supposedly sacking and pillaging our cities?  Prosecute a few high profile cases and then announce that all the others were so intimidated that the fled the country.  Or just have Fox stop talking about the subject, and soon everyone will forget.  I have little doubt that if Trump comes to power and does as little as possible, it will actually work quite well, because our country is in reasonably good condition.  

It is exactly what he did last time.

Sunday, May 12, 2024

What Donald Trump Wants to Do, What He Can Do, What He Can't, and What Can We Do About It?

 

There has been ample talk about what Donald Trump plans to do if reelected, most recently in his interview with Time magazine. Any realistic assessment of what Trump can do and what he cannot is essential to forming a Plan B for how to deal with him.

An important caveat here.  Just because Trump can do something does not mean that he will.  In fact, I do not expect him to do all the things suggested here.  But I so expect him to attempt at least some of these things, and do not know enough about the man to guess which ones.  And really, for him to attempt even one of these things is troubling enough.

Things Trump can do:

  • Circumvent the Constitutional requirement of Senate concurrence in executive appointments by appointing "acting" officials
  • Appoint MAGA friendly judges, if approved by the Senate
  • Enlarge ("pack") the courts if approved by Congress
  • Pardon any federal crime whatever
  • Give illegal orders or engage in criminal conspiracies and shield all participants from prosecution by pardon
  • Direct the Department of Justice (DOJ) not to prosecute certain offenses or individuals
  • Direct to focus on particular offenses, or to prosecute particular individuals
  • Seeking to withdraw civil service protections from some 15,000 executive officials with some "policy making" authority.  This one is contested.
  • Give policy making jobs to big campaign contributors
  • Harass political rivals (including organizations) with selective regulatory actions
  • Issue federal contracts and other benefits on a patronage basis (contested)
  • "Impound," i.e., refuse to spend funds appropriated by Congress, create a test case on whether statutes banning the practice are constitutional
  • Withhold funds from state and local government that do not do what he wants (contested)
  • Incite angry followers to threaten and harass anyone who stand in his way
  • Pardon such angry followers if they commit federal crimes.
  • Federalize the National Guard to act on his behalf.
Clearly these are formidable powers.  Again, it seems unlikely that he will do all of these things, at least all the time, but even one occasion is alarming.  But before panicking too much, let us also consider the political power in the US is extremely diffuse, and consider what Trump cannot do.

Things Trump cannot do:

  • Circumvent the need for Senate approval of federal judges
  • Expand the judiciary without an act of Congress
  • Pardon state crimes
  • Pardon civil judgments 
  • Prevent state or local officials from prosecuting people who commit crimes on his behalf.  (At least private citizens.  There is some dispute for federal officials).
  • Commandeer local government to carry out his wishes
  • Prevent judges from dismissing criminal charges that lack merit
  • Force grand juries to indict when there is no merit
  • Override a criminal acquittal at any level
  • Fire state or local officials
  • Prevent suits to release improperly withheld funds
  • Unilaterally take a wide range of actions that require an act of Congress
  • Legislate in a wide range of areas reserved for the states
  • Be anywhere near as smart or as competent as he thinks he is
So, keeping all of this in mind, what makes sense to for us to do to stop Trump?

  • Keep the Senate in Democratic hands to block inappropriate judicial appointments.
  • If that proves impossible (and it will be tough going), at least take back the house to keep him from passing any crazy legislation
  • Elect local District Attorneys and Attorney Generals who are willing to prosecute law breaking by Trump supporters
  • Elect other local officials who will not do his bidding
  • Study how to manage without the federal funding he is threatening to withhold
  • Write to your members of Congress, local officials, etc and show up at town hall meetings
  • Sue, both to block actions and for damages
  • Fund raise
  • Volunteer
  • Publicize the most unpopular actions
  • And remember rule number one of successful authoritarians -- don't take unpopular actions unnecessarily.  I suspect Donald Trump will break this rule.  We need to be ready to pounce.

More to come on specifics.

Saturday, May 11, 2024

What Would the MAGA Party Look Like in a Multi-Party System?

So, what would happen if we became a multi-party system?  My guess is the Democratic Party would splinter into several different parties that would generally form a coalition.  These would clearly include an authoritarian Left -- call it the Hamas Party.  But I would expect the Hamas Party to be small and easily marginalized, at least within the corridors of power.  (It might take to the streets as a way of making up for that, which would only add to its marginalization).  But I would expect the other parties to be harmless -- a bit overly nannyish at times, but not really dangerous.

I could see the Republicans splitting several ways.  They might become the Republican Party and the MAGA Party, or the Economic Royalist Party, the MAGA Party and the Theocratic Party.  But I have no doubt that the MAGA Party would be large enough to be significant, quite probably the dominant party on the Right.  Also clear -- so long as Donald Trump leads the MAGA Party, it would be authoritarian.  That is necessarily so because Trump is, by nature, an authoritarian who is incapable of grasping democracy, the rule of law, or anything but his own advantage.

 But Trump will not be with us forever, and civic virtue is not dead yet among our Republican elite. Could a MAGA party without Trump become a democratic conservative party, either driving out the authoritarian elements or containing them?  Or is it inherently authoritarian.

Consider the graph above.  It evaluates the electorate from the 2016 election on two axes.  One is economic liberalism/conservatism, and one is social liberalism/conservatism.  Unsurprisingly, Clinton won the economic liberal/social liberal quadrant and Trump won the economic conservative/social conservative quadrant. It is no doubt not surprising that the economic liberal/social conservative quadrant was more contested.  But, significantly, Trump did much better in this quadrant.  Also significant -- the economic conservative/social liberal quadrant is almost empty.

That last is significant because elites calling for a third party invariably talk about a third party that is fiscally conservative and socially liberal -- sort of libertarians lite.  But there is no appetite for such a party among the general public. The call for such a party is a purely elite phenomenon.  No wonder so many third parties fail!

But the opposite quadrant, the economically liberal/socially conservative quadrant is one that our political elites have largely overlooked.  When a candidate has appealed to that quadrant, it has usually been a demagogue like Donald Trump or George Wallace.  This quadrant is often called populist, which is often simply used as a synonym for authoritarians, and certainly figures like Trump or Wallace are authoritarians.  But the more charitable reading is that this combination is simply Christian Democratic, that its anger is driven mostly the marginalization of such views from the corridors of power, even as large swaths of the population (the graph suggests, about a third) hold such views.  By such a charitable reading, Trump's appeal is that he was the first leading figure to actually offer such an outlook and that if members of this quadrant are given political influence commensurate with their numbers, they might take their place as a democratic conservative party -- a swing party, even.

With Donald Trump out of the way (dead, or too feeble to lead), what would such a party look like?

It would be moderate on most economic issues.  It would be opposed to either shrinking our expanding our existing welfare state.  It would be eager for tax cuts for itself, indifferent to hostile to large cuts at the top, and indifferent to mildly in favor of tax increases at the top or imports taxes.  It would oppose any consumer oriented regulations that caused it any sort of inconvenience.  It would favor NIMBY-ish land-use regulations to preserve the character of neighborhoods, protectionist measures, and E-Verify to prevent hiring of illegal immigrants.  My guess is it would be largely indifferent to any other economic regulations, with no very strong feelings one way or the other.

It would oppose immigration, especially from the global South.  My guess is that any serious attempt to exclude immigrants would quickly teach the MAGA Party just how dependent we are on immigrant labor and they would make their peace with work visas, so long as the visas were strictly for work and did not offer the possibility of citizenship or permanent legal residence.  They would generally oppose family migration or asylum migration.

They would be tough on crime, pro-police, pro-gun, and anti-affirmative action.  They would generally wish to avoid foreign wars, foreign allianaces, and any sort of foreign entanglements. My guess is that there would be a religiously oriented wing opposed to gay marriage and abortion.  I would also guess that this wing would learn that hard way that this was political suicide and focus instead on carving out religious exemptions from gay marriage and opposing abortion by moral suasion. 

So, could such a party become a serious democratic conservative party, respect the rules of the game, accept defeat, apply the rule of law in an even-handed manner, and focus on cultural cohesion without giving way to bigotry?  Or would they just be the Bigot Party under another name?

Is the Two Party System Destroying our Democracy?

This post was more timely a few weeks ago, but I expect it will come back many times.  How much of the threat to our democracy lies in the two party system.  Or, perhaps more accurately, to what extent would a multi-party system overcome our problems?

I agree with Daniel Ziblatt that when authoritarian parties threaten democracy, the best way to fight them is for the pro-democracy elements to cling together in a frail coalition until the danger passes.  I also agree that this is extremely hard to do, requiring participants to set aside their ordinary policy preferences in the face of the all-consuming mission to preserve democracy.  It is especially hard if you are the one being asked to make such sacrifices.  All too often, mainstream parties form coalitions with authoritarian parties that are ideological kindred, allowing democracy to fall.

Traditionally, it has been easier to exclude authoritarians in the US because the binary nature of our system makes it easy for the mainstream parties to exclude authoritarian challengers, while adopting enough substantive policy proposals of third parties to coax their members back into the mainstream.

But this advantage is reversed when authoritarians take over one of the two parties.  At that point forming a coalition of pro-democracy elements means that one of the parties has to deliberately lose!  That being said, such things are not absolutely impossible.  Louisiana Republicans did just that in 1991 when their candidate for governor was David Duke.  But the David Dukes of politics are not very common, and deliberately losing an election for governor is one thing; deliberately losing and election for President is another.

This issue becomes increasingly significant as Congress (particularly the House) starts looking more and more like a multi-party system.  Democrats and moderate Republicans have teams up to prevent a debt ceiling breach, to avoid a government shutdown, to send military aid to Ukraine (perhaps to late to save the day), to expel George Santos, and to prevent the removal of Mike Johnson as Speaker.  This is not the same as true coalition politics in a multi-party system, which would mean parties making a formal alliance and voting together on a wide range of issued.  This is just a case of the sane members of Congress informally joining forces to do the bare minimum needed to keep the lights on.  But it counts for something.

At the same time, Republicans are resigning from the House in a manner seemingly calculated to harm their party.  And the right wing of the Republican Party has been kept in line at least partly by fear that if they oust Johnson, enough moderate Republicans would resign to put the House in the hands of the Democrats.*

It is, of course, the sense that the two-party system is destroying US democracy that led No Labels to propose running a third party candidate -- a project eventually abandoned when no one was willing to take the job.  In this, No Labels totally fails to understand how our system works.  Of course they are not alone in that.

No Labels is wrong at numerous levels. They fail to recognize the extent to which third party candidates serve as spoilers. They fail to recognize just how diffuse US political  power is, and the folly of putting all their eggs in the presidential basket.  And they fail to understand what is really behind our two-party system.

Underlying our two party system is the system of first past the post elections.  This system creates districts, each of which elects a single representative, and whoever gets the most votes wins.  First past the post systems have a marked tendency to have two-party systems.  Only one candidate can win any given election.  This tends to create pressure for all but two candidates to drop out, since third parties only act as spoilers. This has the effect of limiting voter choice.  Much depends on how districts are apportioned, since carefully apportioned districts can allow a party to hold the majority of a legislature despite not winning a majority of the popular vote.  In short, anyone wishing for a multi-party system has to overcome the effects of first past the post

The alternative is a system of proportional representation, intended to ensure that each party gets a number of seats roughly equal to its proportion of the vote.  This makes for multi party systems, but multi party systems have their own problems.  They tend to rely on frail and ever-shifting coalitions, which tend to behave very much like our House of Representatives has been behaving lately.

Various plans have been proposed to overcome the two-party duopoly without causing all the problems associated with multi-party systems.  One such system is an open or "jungle" primary, in which all candidates compete regardless of party.  Anyone achieving a majority in the primary wins.  Otherwise, if no one achieves a majority, there is a runoff between the top two vote-getters.**  Another alternative is ranked choice voting, in which multiple candidates run and voters rank them in terms of priority. If no candidate wins a majority, a winner is decided by some formula of determining who was considered next-best. The right wing of the Republican party opposes both alternatives because both undercut its basic strategy -- to have the most right wing candidate win the Republican primary and then win the general by appealing to Never Democrat voters.

But my point here is not to argue the merits of such a system for candidates other than President.  Either one may or may not be a good idea in choosing Congress,  governors, state legislatures, local offices, etc.  The Presidency is necessarily first past the post.  That is not just because there can only be one President.  That is significant, of course, and distinguishes the US from multi-party parliamentary systems, which allow the ruling party to change Prime Ministers without holding new elections.  (Again, something similar is happening in the House today).  The Constitution (Twelfth Amendmentrequires a candidate to win a majority of the Electoral College to win the Presidency.  Failing a majority in the Electoral Colleges, the House of Representatives, voting by state, chooses the next President.  Again, a majority is required to win.  Under these circumstances, a third party candidate necessarily serves as a spoiler.***  And if a third party candidate did win enough electoral votes to present an Electoral College majority, the result would be go guarantee a Republican win.  That is because the House of Representatives would vote by state, rather than individually, for a President, and Republicans can be expected to control a majority of states for the foreseeable future.

Some people suspect that is what No Labels intended from the start.

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*Democrats may fear that just as much as Republicans do and wonder if their own equivalent of MAGA will prove just as obstructionist.
**This system is not without its flaws. I was what created the unpalatable choice for Louisiana voters between David Duke and Edwin Edwards in the first place.
***George Wallace did not serve as a spoiler to Nixon in 1968, an indication of just how strong Nixon's lead was.  With the electorate as divided as they are now, a third party candidate would necessarily be a spoiler.