Gongol.com Archives: November 2018

Brian Gongol

November 29, 2018

Threats and Hazards The unpardonable pardon

A deeper analysis of the nature of exchanges between lawyers for Paul Manafort and Donald Trump indicates that the President may be winding up to start fastballing pardons for anyone who might be helpful to protecting him from legal trouble. The problem with that, of course, is that the power of the pardon isn't supposed to be used like that, and to do so would be such a brazen violation of the rule of law that even the hint that he might do it ought normally to be enough to merit serious talk of removing the President from office. The whole situation is likely to precipitate panicked and reckless behavior on the part of the President's inner circle -- a group that has demonstrated a particularly upsetting habit of dismissing the law -- not to mention the truth -- as a nuisance. As noted by the team at Lawfare, the news that Michael Cohen has admitted to lying to Congress in order to protect the President reveals something interesting: "Mueller almost certainly knows a great deal more about what Donald Trump did and said than is included in this document. And that means that Mueller knows what Trump did and what role he played in this matter -- and Trump and his lawyers know that Mueller knows this." For the record, the Founders made it clear (in Federalist Paper No. 74) for what use the pardon was intended: "[T]he principal argument for reposing the power of pardoning in this case to the Chief Magistrate is this: in seasons of insurrection or rebellion, there are often critical moments, when a welltimed offer of pardon to the insurgents or rebels may restore the tranquillity of the commonwealth; and which, if suffered to pass unimproved, it may never be possible afterwards to recall. The dilatory process of convening the legislature, or one of its branches, for the purpose of obtaining its sanction to the measure, would frequently be the occasion of letting slip the golden opportunity. The loss of a week, a day, an hour, may sometimes be fatal." Thus, by a definition left behind by the very creators of the Constitutional order, either the people the President is hinting he'll pardon were guilty of insurrection or rebellion...or the power is being abused by the one who wields it. In this case, the power doesn't even need to be used for the abuse to take place -- merely the hint that it might be used is enough to create the conflict.

Threats and Hazards A suite for Putin at the Trump Tower in Moscow?

BuzzFeed reports that "a $50 million penthouse at Trump Tower Moscow" -- a freebie to Putin -- was on offer as Donald Trump's representatives sought to nail down the deal to build a 100-story building. This took place, says BuzzFeed, when the primary campaign was nearly over. To call this a massive conflict of interest would be to understate the case by several orders of magnitude.

Threats and Hazards "If...America's ability to lead is corroding, the question of whether a power transition will occur peacefully is hugely consequential"

These are the kinds of questions that should rattle all of us. If you have kids when in your 30s, and if those kids will live into their 80s, then you ought to have at least a century-long time horizon for big-picture public policy issues. And there isn't a bigger picture than this. We are too short-sighted about too many things, and the future of a world order based on rules and peaceful interaction is the kind of thing we can't be short-sighted about.

Business and Finance If you don't buy more new cars, don't demand new car factory jobs

Autos are generally better than they used to be, which means they often last longer. Total US automobile sales are about the same as they were from 1999 until 2007, before they took a nose-dive in 2008 and 2009. But the total number of sales isn't growing. So why should the number of related jobs grow? As Margaret Thatcher once said, "We still live under the continuing and undoubted influence of the first industrial revolution. In negative terms concern with tradition has led to great efforts to preserve, regardless of cost, some of the industries created in the past." She was referring to other jobs in another place and another time -- but the principle is precisely the same today. Romanticizing the past is no way to drive industrial policy in the present. Do people have strong feelings about General Motors and its plants? Yes. Should plant closures be addressed with empathy and intelligence? Definitely. But don't forget that there was a time when lots of US farmland was devoted to growing oats -- for horse feed. The rise of cars and tractors hurt that particular farming sector, but it wouldn't have been wise to prop it up artificially. It's better for the human condition to have moved on to the better way of doing things, even if some people had trouble making the adjustment. And there is ample reason to believe that changes like autonomous vehicles could shake up demand for automobiles even further. The President's approach of trying to threaten and coerce General Motors into doing his political bidding is no way forward.

Iowa A likely tragedy averted

A Des Moines police officer showed restraint in a bad situation caught on camera in September -- when a juvenile pointed a replica gun at him. Imagine having to speak these words: "What were you thinking, you pointed the gun at me? You could have been shot."

Iowa "Canadian woman stranded on Iowa mud road for 3 days survived on kombucha and marzipan cake"

That's one whopper of a headline for a story that could have turned out much worse than it did

The United States of America You guys really ought to read this

The "you guys" vs. "y'all" divide is very much a north-south one. Why isn't it an east-west divide? In fact, why are most American linguistic divides more about different latitudes than about different longitudes? Per some research summarized in the MIT Technology Review, "[B]etter east-west transportation links are analogous to shrinking the width of the US in that direction."

Computers and the Internet Is it really living if you're only existing to create an artificial persona online?

The article itself from 1843 Magazine is exhausting to read -- frankly, too much for a sane person to read about a 20-something aspiring "influencer" who needs to spend some serious time contemplating what really matters to her. But embedded in the article is a fascinating chart detailing some major differences -- online and offline -- separating Baby Boomers from Gen Xers from Millennials. There are several areas where prevailing opinions differ from one age cohort to another by 20 to 30 percentage points.