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Should the West Worry about Putin’s ‘Red Lines’ or Its Own?

America and NATO need to focus on what they will do to defeat and discredit Putin.

The commentariat has been fiercely debating whether to impose a “no-fly zone” over Ukraine. This is an interesting tactical question that is worthy of debate; however, the more fundamental and important question is strategic:

Do America and NATO wish to defeat and discredit Putin in Ukraine, or are we simply looking to “deescalate tensions” and give Putin an “off-ramp” so that he can “save face”?

Unfortunately, too many in the West are intent on trying to appease Putin instead of defeating and discrediting him. Their ostensible reason for doing so is to “stop nuclear war” (the New York Times’ Ross Douthat) or at least prevent a wider war (U.S. Secretary of State Antony Blinken).

Off-Ramps. Of course, as is becoming increasingly clear, Putin himself has absolutely no interest in any “off-ramp” or “deescalation of tensions.” The Russians have willfully violated ceasefire agreements even as they deliberately target civilian population centers and commit war crimes.

The Washington Post reports:

“It’s important to remember that throughout this crisis created by Putin and Russia, we’ve sought to provide possible off-ramps to President Putin,” Secretary of State Antony Blinken told reporters in Washington on Wednesday.

“He’s the only one who can decide whether or not to take them. So far, every time there’s been an opportunity to do just that, he’s pressed the accelerator and continued down this horrific road that he’s been pursuing.”

Exactly. “Off-ramps” and “face-saving measures” are useless if Putin has no interest in that. They also are dangerous and provocative because they communicate weakness and a lack of resolve.

Nuclear War. Indeed, contra Douthat, a nuclear conflagration in Ukraine is more likely to result if America and NATO are not crystal clear about what will invite a devastating Western response.

For this reason, the West needs to draw its own “red lines” involving unacceptable Russian behavior and actions. Otherwise, Putin may be tempted to test fate—and us.

Instead, though, the Biden administration, and Western policymakers in general, have been obsessed with Putin’s red lines, real and imagined, and with what Eliot A. Cohen rightly calls, “self-deterrence”: explaining in detail what we absolutely will not do.

For example: we will not deploy ground troops; we will not deliver MiG fighter jets; we will not conduct long-planned nuclear tests; we will not impose a no-fly zone; we will not sanction Russian oil (until we did two days ago)…

As the Wall Street Journal Editorial Board puts it: “Instead of deterring Mr. Putin, Mr. Biden is letting the Russian deter the U.S.”

This is, needless to say, self-defeating. As Sen. Mitt Romney (R-Utah) explains:

There’s a sentiment that we’re fearful about what Putin might do and what he might consider as an escalation. It’s time for him to be fearful of what we might do.

The only way to get Putin to act in a way that may be able to save lives of Ukrainians is if he fears us more than we fear him…

He’s got to think about what happens if he provokes us: because they [the Russian military] could be obliterated by the forces of NATO.

Exactly. The Russian military has been exposed in Ukraine as subpar and not at all ready for prime time. Their operations have been slow, plodding, disjointed, unimaginative, and utterly unimpressive.

U.S. officials estimate that, in these first two weeks of fighting, as many as 6,000 Russians have been killed. In its nearly two decades in Afghanistan, by contrast, the United States lost fewer than 2,500 soldiers.

In fact, because of the skill and tenacity of the Ukrainian military, as well as the courage and spirt of the Ukrainian people, the prospect of a strategic Russian defeat is likely—even if, as still appears probable, Russia ultimately wins a short-term but pyrrhic military victory and conquers Ukraine.

The West should relish the opportunity to defeat and discredit Putin. For two decades now, he has been a clear and present danger to the rules-based international order worldwide and to peace and stability in Europe.

Under his reign, Russia has waged war on its neighbors and threatened free and sovereign nations throughout Eastern Europe and Eurasia. Ukraine should be a wakeup call not to find a way to accommodate Putin, but to force him from power by making his position untenable.

Russia can have a new leader and a new leadership class. That is desirable and possible—but only if America and NATO stop self-deterring and worrying about Putin’s “red lines,” real and imagined.

Instead, the West needs to focus on its strategic, wartime objectives: a free, sovereign, and independent Ukraine; the withdrawal of all Russian troops from Ukraine, Belarus, and Georgia; and a new Russian government that respects international law and the territorial integrity of its neighbors.

This, in turn, will require a focus on deterrence and drawing our own inviolable “red lines.”

Featured photo credit: Screen shot of Senator Mitt Romney (R-Utah).

Yes, Let’s Rewrite History—Just Don’t Falsify It While Doing So

Historical Revisionism is nothing new and it’s actually a good thing. The falsification of history, however, is a more recent development; and that, obviously, is a bad thing.

On both the left and the right today, there’s a lot of concern about “rewriting history.”

“The entire effort to rewrite American history makes my blood boil,” writes a reader in the Fence Post, a nationwide agricultural newspaper that reaches more than 80,000 readers weekly.

“The Civil War happened. That’s a historic fact
 The history of the Civil War will not go away just because it’s protested today.”

A left-wing writer, likewise, complains that the Democratic Party “is clearly uninterested in truth or accountability, and is more than willing to rewrite history to advance its political goals.”

Why does the writer say this? Because President Obama had the audacity this week to praise his predecessor, George W. Bush, for having “a basic regard for the rule of law and the importance of our institutions of democracy.”

Balderdash! says the writer, and Obama should know better.

Rewriting v. Falsifying. Of course, what these and other observers are criticizing is not the rewriting of history per se, but rather the falsifying of history as they see it. In truth, history is constantly being rewritten in light of new events and circumstances to glean lessons from the past.

This is a good and laudatory thing and something that should be encouraged. 

Some of the best history, in fact, is history that has been rewritten by historians who look back upon our past from a new angle or fame of reference to draw insights that may have been hidden or obscured by previous interpretations of history.

In 1957, for instance, an unknown assistant secretary of the Board of Governors of the Federal Reserve, Bray Hammond, wrote a magisterial history, Banks and Politics in America: From the Revolution the Civil War, that completely upended the history of Andrew Jackson and the Jacksonian era in American politics.

In so doing, Hammond took direct aim another great work of history, The Age of Jackson, by the acclaimed Harvard historian, Arthur M. Schlesinger, Jr. The Age of Jackson (1945) was itself a work of revisionist historical scholarship that won rave reviews.

Both Hammond and Schlesinger, in fact, won the Pulitzer Prize for History for their respective books and have contributed mightily to our historical understanding.

Both books were sincere, good-faith attempts to interpret and make sense of the past. However, they employed contrasting analytical frameworks that created widely divergent narrative histories.

For Schlesinger, the Age of Jackson was all about class conflict and the efforts by the working and laboring classes to seek redress from the government against business domination and control. In so doing, Schlesinger argued, Jackson was the precursor to Franklin Roosevelt and the New Deal.

Schlesinger thus broke from the previously dominant historical narrative, which argued that sectional differences, not class differences, defined American politics in the Age of Jackson; and that Jackson himself was the political embodiment of the country’s ascendant western frontier.

Hammond, meanwhile, offered an altogether different interpretation dubbed the entrepreneurial thesis.

Hammond argued that the Jacksonian era was, indeed, defined through class conflict. However, the class conflict pitted not the laboring classes against the business interests, but rather a new class of entrepreneurs and speculators who conspired against the old monied interests. This new class was eager for easy money to fuel their entrepreneurial and speculative ventures. 

The Jacksonians, Hammond argued, employed virtuous and high-minded democratic rhetoric to conceal their true motives and true objectives, which were self-interested and self-serving. And the end result of their attack on America’s Second National Bank, Hammond wrote, were economically damaging and reverberated for decades.

All three of these historical interpretations—the initially dominant sectional conflict thesis, Schlesinger’s class conflict thesis, and Hammond’s entrepreneurial thesis—involved rewriting history.

However, none of these interpretations involved falsifying history, and that is a crucial distinction. The essential historical facts in question were all agreed upon and not in dispute.

What was in dispute (and still is to a considerable extent) is how to interpret and apply those facts to our understanding of history.

To be sure, sometimes newly discovered facts are unearthed that alter our understanding of history. That certainly was the case with Banks and Politics in America: From the Revolution the Civil War.

Because he worked for the Federal Reserve, Hammond understood banking and finance in a way that Schlesinger and previous historians simply did not. Thus he was able to bring to light new facts that helped to explain how the Second Bank worked and what its demise meant for the U.S. economy.

Still, in the main, the disagreements here are not about the facts of history; they are about the interpretation and application of those facts.

False History. This is not to say that all interpretations of history are equally valid or legitimate. To the contrary: there is such a thing as bad, biased, and simply false history or historical writing. Howard Zinn’s A People’s History of the United States comes to mind.

Historian Michael Kazin (no conservative, by the way, but rather, a man of the left) called A People’s History “a Manichean fable
 better suited to a conspiracy-monger’s website than to a work of scholarship.” Another reviewer called the book “absolutely atrocious agit-prop.”

In short, Zinn was a Marxist political activist, not a serious and fair-minded historian, and there is real difference between these two types. But for serious historians, disagreements in interpretation and analysis can be legitimate and illuminating.

The real risk is that an historian can become so blinded by his frame of reference that he distorts or falsifies history by omitting or glossing over other critical facts and perspectives that complicate or contradict his thesis.

James Bouie. This is what appears to have happened to New York Times columnist Jamelle Bouie.

Although Bouie is a journalist, and not an historian per se, he is, nonetheless, a serious student of history. However, in his zeal to argue that America’s black slaves were not simply passive victims, but instead, had real agency and self-awareness, he offers up a very bad and inaccurate historical account.

“Neither Abraham Lincoln nor the Republican Party freed the slaves,” Bouie brazenly asserts in a recent column.

They helped set freedom in motion and eventually codified it into law with the 13th Amendment, but they were not themselves responsible for the end of slavery. They were not the ones who brought about its final destruction.

Who freed the slaves? The slaves freed the slaves.

This is complete nonsense. As National Review’s Dan McLaughlin points out in a thorough debunking of Bouie’s thesis:

Bouie is right that black Americans played a significant role in contributing to the abolitionist movement, the escalating sectional tensions that led to secession, the transformation of the Civil War in the North from a war for the Union to a war of liberation, and the Union’s victory.

He is wrong to claim that those contributions in and of themselves were enough to bring about the end of slavery, and that Lincoln, the Republicans, the Union Army, and the majority of the American population were merely passive conduits, bobbing like a cork on the unstoppable streams of history.

Bouie skips the crucial step. All the abolitionist agitation in the world only mattered because the people with real political, military, cultural, and economic power in America—the federal government, Northern state governments, the military, the churches, the leaders of the economy, and ultimately, the voting public—eventually chose to side with the abolitionist movement.

It was not a given that they would; in the 1820s and 1830s, they had chosen not to.

In short, Bouie took a legitimate historical insight—that America’s black slaves helped to effect their emancipation—and blew it up into a holistic explanation when it quite obviously is nothing of the sort.

Historical Moment. So, what does this have do with our present political and historical moment?

Well, American history today is under fire and under review in a way that it has not been in quite some time if ever. Indeed, the very legitimacy of the American founding is being called in to question, as “woke,” left-wing radicals seek to advance a far-left agenda.

For this reason, we are seeing historical statues and monuments being toppled, vandalized and defaced as new historical narratives are introduced into the public debate and foisted upon the public.

In key respects, these new historical narratives are really not new. They’ve been adopted in colleges and universities, elementary and secondary schools, for decades, and they are not entirely bad.

They typically give greater historical weight to the experiences of blacks, Indians or native Americans, women, and other marginalized groups.

Cultural Marxists. But as with Howard Zinn’s People’s History and James Bouie’s column, these narratives often are highly politicized and distorted, and designed to advance an explicitly left-wing political agenda.

Their intent is to deconstruct America and create a new country that will embody Marxian and socialist ideals.

But whereas Marx believed that capitalism could be undermined by appeals to the proletariat or working class, his modern-day heirs recognize that America’s greatest source of vulnerability and weakness lie in its racially troubled past; and that appeals to white guilt and black racial grievance are far better suited to deconstruct and remake the United States.

This means that we should be wary and discerning of new historical narratives, and equally wary and discerning of historical groupthink and consensus.

Simplistic and reductionist histories that attempt to explain the past through one narrow prism are especially suspect. History, like life itself, is complicated and typically results from a variety of sometimes seemingly irreconcilable factors and decisions.

All of us, moreover, are going to have to become better consumers of history. This means referring to source documents—many of which are available on the Internet—and making our own assessments of the past.

Patriots, meanwhile, liberal and conservative, must engage in their own historical revisionism. We must rewrite history for a new generation of Americans: poorly educated, ill-informed, and lacking in historical knowledge and perspective.

This new generation has been fed a lie—to wit: that American history is a source of shame; and that Western Civilization itself is a mistake that must be corrected. But in truth, what must be corrected is this false and dangerous narrative.

That means rewriting history in light of modern-day circumstances to illuminate the past for a people increasingly haunted by the darkness. 

Feature photo credit: Historian Arthur M. Schlesinger Jr. via the Washington Examiner.

‘Don’t Panic!’: What I Got Right—and Wrong—About the Coronavirus

The similarities to the influenza virus or flu are important; but more important right now are the differences, and those differences can be stark.

As ‘social distancing’ fast becomes national policy to avert the worst potential ravages of the coronavirus, the Wall Street Journal’s Peggy Noonan makes a good point about the commonplace advice, “Don’t Panic!”, and the much-used qualifier, “out of an abundance of caution.”

Now it’s time to lose the two most famous phrases of the moment. One is “Don’t panic!” The other is “an abundance of caution.”

“Don’t panic” is what nervous, defensive people say when someone warns of coming trouble. They don’t want to hear it, so their message is “Don’t worry like a coward, be blithely unconcerned like a brave person.”

One way or another we’ve heard it a lot from administration people.

This is how I’ve experienced it:

“Captain, that appears to be an iceberg.” “Don’t panic, officer, full steam ahead.”

“Admiral, concentrating our entire fleet in one port seems tempting fate.” “We don’t need your alarmist fantasies, ensign.”

“We’re picking up increased chatter about an al Qaeda action.” “Your hand-wringing is duly noted.”

“Don’t panic,” in the current atmosphere, is a way of shutting up people who are using their imaginations as a protective tool. It’s an implication of cowardice by cowards.

As for “abundance of caution,” at this point, in a world-wide crisis, the cautions we must take aren’t abundant, they’re reasonable and realistic.

Reason and realism are good.

Point well made and point well taken, Ms. Noonan. I should, therefore, offer up my own mea culpa.

In Obesity Is a Much More Dangerous Public Health Problem Than the Coronavirus (March 10), I wrongly downplayed the risk of the coronavirus and criticized the resultant “public panic (or at least [the] media panic).”

I was not entirely wrong. For the vast majority of us, obesity is a much more dangerous public health problem than the coronavirus.

And the media does have a tendency to sensationalize and distort public health problems—especially, when these problems (or at least the tardy and weak response to these problems) can be attributed to President Trump and his administration. 

However, as I made clear in my last piece, Social Distancing’ Will Stop the Coronavirus and Save Lives (March 13),  the risk posed by COVID-19 is very real, albeit much less real to any one of us than to the healthcare system in general.

Case in point: Italy’s healthcare system, which is being overwhelmed by the sheer volume of COVID-19-infected patients who require care.

Similarly, in The Coronavirus Is a Public Health Problem, But It Is Not a Death Sentence (Feb. 29), I compared the coronavirus to the influenza virus or flu, and noted that “despite the surprisingly high number of flu-induced deaths or fatalities, there is no widespread fear or panic over the influenza virus.”

Influenza v. Coronavirus. Again, this is true, but it misses the point: While the coronavirus and influenza virus are similar, there are important differences—differences that legitimately can and should cause much greater public concern over the coronavirus.

The most significant differences appear to be the fatality rate and the incidence of severe and complicating illness.

The fatality rate for both the coronavirus and flu are low; however, the fatality rate for the coronavirus is significantly higher, and not just for the elderly, but for younger age groups as well. Ditto the incidence of severe and complicating illness.

Tomas Puyeo, who has done an extensive analysis of the coronavirus, says “countries that are prepared” will see a fatality rate of roughly .5 percent (South Korea) to roughly .9 percent (mainland China excluding Wuhan, where the virus originated).

“Countries that are overwhelmed” by the virus (Italy, for instance) will have a fatality rate of between three percent and five percent, roughly, he notes.

Scott Gottlieb, a medical doctor and former head of the Food and Drug Administration (FDA) in the Trump administration, appears to concur with this estimate.

Here in the United States, Gottlieb told CBS News’ Face the Nation, “the fatality rate [from the coronavirus] might not reach one percent,” but it’s also not gonna be as low as we routinely see for the seasonal flu (.1 percent) or a mild flu outbreak (.05 percent). 

While these obviously are small percentages either way, the differences are significant—and they can have large and dramatic effects on our healthcare system, especially when dealing with a U.S. population of more than 327 million people. One percent, of course, is 10 times .1 percent.

Severity. Which means that the fatality rate for the coronavirus could be 10 times what we see for the flu.

“And it’s not just older Americans, as tragic as that is,” says Gottlieb. “If you look at 40-year-olds, the case fatality rate has been anywhere between .2 and .4 percent. So that means as many as one in 250 forty- to fifty-year-olds who get this [virus] could die from it.”

Moreover, as Julie McMurry, MPH, observes at FlattenTheCurve:

Mortality is not the full picture: Italy reports that 10% of cases need not just hospitalization but also ICU care—and they need that care over a period of 3-6 weeks. This is unsustainable.

Even if these figures are inflated because they reflect the experience of other countries with less capable and less advance healthcare systems, the fact remains that, as National Public Radio’s Fran Kritz and Pien Huang report, relying upon data from the World Health Organization and China:

[For] about 1 in 5 patients, the infection gets worse. About 14 percent of cases can develop into severe disease, where patients may need supplemental oxygen.

And 6 percent of cases become critical and may experience septic shock—a significant drop in blood pressure that can lead to stroke, heart or respiratory failure, failure of other organs or death.

“The bad news is the other 20 percent get the illness severe enough to require hospitalization,” reports NBC News’ Elizabeth Chuck. 

These patients may not be reflected in the mortality rates for the coronavirus. However, their condition is quite serious and imposes a real burden on the healthcare system.

And that is the point. If too many people contract the coronavirus too quickly and it spreads too rapidly, we risk overwhelming our healthcare system such that it cannot cope with the volume of patients who require care.

We then could be in the unenviable position of northern Italy—which, as I have reported, is now forced to ration care and make heart-wrenching decisions about whom to treat and whom to let die.

Acknowledging Error. I offer up this mea culpa because, as I’ve explained, my intent here at ResCon1 is to pursue the truth regardless of the consequences. That means acknowledging my own errors in reporting and analysis, even as I criticize others for theirs.

As a classical (19th Century) liberal or modern-day (20th Century) conservative, I believe that truth is best served by a free and unfettered marketplace of ideas, where open competition and public scrutiny enhance knowledge and understanding.

Indeed, none of us has—none of us can have—a monopoly on the truth. And this is especially true when it concerns a rapidly unfolding story about a new and challenging topic such as the coronavirus. 

For this reason, we must acknowledge our mistakes and strive to do better. It is in that spirit, that I readily acknowledge my own mistakes and misperceptions. 

Feature photo credit: Peggy Noonan as shown in the Wall Street Journal.

What Does History Portend for Ukraine?

One’s view of the war in Ukraine depends largely on which historical precedent—World War I, World War II, the Cold War, or Iraq and Afghanistan—you think applies.

Michael Brendan Dougherty argues in National Review that American intervention in Ukraine is a “nearly utopian project with obvious, foreseeable risks and potentially ruinous costs.”

Dougherty’s analysis wildly misses the mark. Among his errors: he doesn’t believe the United States has a strategic rationale for seeking to cripple the Russian military in Ukraine, and he believes that by helping Ukraine, we are weakening our position in Taiwan vis-Ă -vis China.

In truth, of course, Russia has proven, by its actions over the past two decades, that it is an enemy of the United States. So crippling its military in Ukraine absolutely serves the American national interest.

And of course, by aiding Ukraine, militarily, we are exposing—and resolving—problems with our weapons production and supply chain bottlenecks that will redound, ultimately, to the benefit of Taiwan.

We are also learning valuable lessons about what types of weapons systems and tactical approaches might prove most effective at deterring a potential Chinese invasion.

Nonetheless, despite misfiring, Dougherty inadvertently shows how the misapplication of historical precedent has distorted our understanding of Russia’s war on Ukraine.

Iraq and Afghanistan. Although he himself does not explicitly say so, Dougherty, I think, sees the war through the prism of recent history, and specifically, the unsatisfactory American experience in Iraq and Afghanistan. Thus he calls American intervention in Ukraine “a nearly utopian project” that is “peripheral to U.S. interests.”

Of course, that’s how many critics saw and see the wars in Iraq and Afghanistan—as quixotic and costly diversions from core American interests. And the fact that these wars dragged on interminably gives these critics standing in the minds of many Americans who now worry about U.S. involvement in Ukraine.

I do not believe this recent historical precedent is very applicable and for myriad reasons:

Europe is not the Middle East or Central Asia; one sovereign state (Russia) invading another sovereign state (Ukraine) is very different from a civil conflict within one state (Iraq and Afghanistan, respectively); and Ukrainians have demonstrated a fervent sense of nationalism and will to win that was often absent in both Iraq and Afghanistan.

For these and other reasons, the American experience in Iraq and Afghanistan is, I think, an utterly inapt and unhelpful historical precedent—though, to be sure, there are lessons to be learned there.

For example, small numbers of American military advisers and battlefield intelligence can be dramatic force multipliers. That was true in Iraq and Afghanistan, and it is true in Ukraine as well.

(The U.S. military advises Ukrainian soldiers via Zoom or Microsoft Teams; and it trains Ukrainian soldiers at American and NATO military bases in the United States and Europe, but outside of Ukraine.)

Cold War. Another historical precedent that people, including Dougherty, fall back upon is the Cold War. Thus whenever Putin engages in nuclear saber rattling, many Western analysts talk about the importance of learning lessons from the Cuban Missile Crisis and providing Putin with an “off-ramp.”

But during the Cold War, Ukraine was part and parcel of the Soviet Union. Today, by contrast, it is a free, sovereign, and independent country.

The Cuban Missile Crisis, likewise, involved a country (Cuba) that was firmly ensconced in the Soviet orbit. Ukraine, by contrast, is a Western democracy (or aspiring Western democracy) valiantly and heroically seeking to free itself of Russian domination or attempted Russian domination.

For these and other reasons, the strategic and military calculus has radically and necessarily changed from the Cold War to the present day.

Maintaining the balance of power between two superpowers is no longer at issue, as it was during the Cold War. Instead, what matters most is protecting the territorial integrity of independent nation-states like Ukraine.

World War I is another inapt historic precedent. There, competing alliances involving multiple countries led to an unforeseen escalatory spiral that soon engulfed all of Europe, Japan and the United States.

Today, by contrast, Russia fights alone, albeit with the help of Iranian drones. Thus any conceivable world war involving multiple countries would mean only one thing: NATO’s intervention and Russia’s swift and decisive defeat in Ukraine.

Russia knows this, which is why there will no World War I-like escalatory spiral in Ukraine.

World War II. That leaves World War II, which is arguably the most apt and helpful historical precedent for understanding Russia’s war on Ukraine.

Then as now, you had a country hellbent on imperialist conquest and domination. Hitler was determined to establish the Third Reich; Putin is determined to establish a new Russian empire. Then as now the only thing that might stop the dictator is timely Western aid and resolve.

In the 1930s, the West failed and the result was World War II. Today, thanks to the heroic resistance of Ukraine, the West is doing much better; and so, a larger-scale war might yet be averted. Time will tell and we will see.

The bottom line: history can both distort and clarify our understanding of Russia’s war on Ukraine. Not all historical precedent, after all, is equally valid and equally relevant.

Seeing the war through the prism of inapposite conflicts that are fundamentally different leads to misunderstanding and bad analysis. However, similar wartime dynamics from previous eras can be telling and instructive.

Anti-interventionists like Dougherty misfire because they are like old generals who fight the last war. They don’t realize that the conflict has fundamentally changed. The Cold War is over and Ukraine is neither Iraq nor Afghanistan.

Instead, Ukraine is more like Poland or Czechoslovakia in the late 1930s, but with more of a fighting chance if only the West will act with a greater sense of dispatch, or what Martin Luther King, Jr. called “the fierce urgency of now.”

Feature photo credit: Poland 1939, courtesy of Amazon.com.

Why Do Some People Embrace Mask Wearing to Stop the Coronavirus?

Hint: it has nothing to do with science and reason and everything to do with politics and feelings.

I noted here at ResCon1 that there is no compelling scientific evidence that wearing a mask stops the spread of the coronavirus.

And in fact, masks can be positively counterproductive because they give people a false sense of security, “thereby leading them to take fewer precautionary measures that actually do help stop or prevent the virus’s spread.”

Yet, masks are all the rage, with some states, like Virginia, now requiring that masks be worn in all public places, including restaurants and retail stores. Why is this?

Again, it has nothing to do with science because the science is clear: As Dr. Mike Ryan, executive director of the World Health Organization’s (WHO’s) emergencies program explained at a media briefing in March:

There is no specific evidence to suggest that the wearing of masks by the mass population has any potential benefit. In fact, there’s some evidence to suggest the opposite in the misuse of wearing a mask properly or fitting it properly.

According to the WHO today, “If you are healthy, you only need to wear a mask if you are taking care of a person with COVID-19.”

Association. Still, some people have argued that because masks are commonplace in certain countries or jurisdictions that have done a relatively good job of containing the spread of the coronavirus, masks must, therefore, be effective. But this is silly. Association, obviously, is not causation.

In these same places where masks are commonplace and the coronavirus is relatively contained, people may eat healthy and hearty breakfasts and refrain from drinking alcoholic beverages. Does this mean that healthy and hearty breakfasts and the absence of alcoholic beverages stop the spread of the coronavirus and thus should be mandatory?

In truth, there are too many other potential explanatory factors at work to explain why some countries and regions have been better able to avert or avoid the coronavirus.

Mask wearing populations may be more fastidious and disciplined about social distancing, which is effective at stopping the spread of the coronavirus. Or they may suffer fewer medical complications and co-morbidities. Maybe they’re a younger demographic.

This matters because the victims of COVID-19 are overwhelmingly the elderly and those with with underlying medical ailments and chronic diseases.

Feelings. But despite the utter lack of scientific and empirical evidence to support mask wearing, masks have a cult-like following, and for several reasons, I think.

First, there is the understandable belief that they might do some good and, therefore, are worth the annoyance and imposition.

A member of my own family expressed this sentiment well. “If stuck in a room for 12 hours with a person who has COVID-19,” he writes, “wouldn’t you feel better if that person had a mask on?”

That’s a fair and legitimate question, and I suppose the answer is: Yes, I would. But our feelings can be deceptive. They can give rise to a false sense of hope.

That’s why public policy should not be based on feelings. Public policy should be based on facts, logic and empirical evidence.

Masks are like chicken soup. They may make us feel better; but neither a mask nor chicken soup is effective at stopping or combating a virus.

If your sore throat feels better by eating chicken soup, then by all means do so. But please don’t think that chicken soup will heal your sore throat or free you of a viral infection, because it won’t. 

By the same token, if wearing a mask makes you feel better or safer—or if it gives you the sense that you’re doing something helpful in this pandemic—then by all means, wear a mask. But please don’t think that your mask will do anything to stop the spread of the coronavirus, because it won’t.

Symbolism. Another reason public health officials push masks is because they see them as a powerful symbol to remind people that we are still in a pandemic and thus need to be extra careful.

In this view, it really doesn’t matter whether the mask actually stops the spread of the coronavirus. What matters is that it gives people pause, causes them to think, and induces them to act appropriately. 

This is the position of Dr. Anthony Fauci, who heads up the National Institute of Allergy and Infectious Disease. Back in March, Fauci admitted that people should not be wearing a mask.

“There’s no reason to be walking around with a mask,” Fauci told 60 Minutes.

When you’re in the middle of an outbreak, wearing a mask might make people feel a little bit better, and might even block a droplet. But it’s not providing the perfect protection that people think it is.

And often, there are unintended consequences. People keep fiddling with the mask, and they keep touching their face. 

Fauci has since changed his position and says he now thinks people should wear a mask. However, his reason or rationale for changing his position is telling. It’s not that the science behind wearing a mask has changed, because it hasn’t.

Instead, Fauci says, the masks are a powerful “symbol” to prod people to do the kinds of things that they should be doing—mainly social distancing—that will protect people and the public health.

Politics. Some people, moreover, are smitten with masks because they view masks as public rebuke to President Trump, who has declined to wear a mask.

Worse yet, in the view of these anti-Trump political partisans, the president even castigated one reporter for trying to be “politically correct” when that reporter refused to remove his mask while asking Trump a question in the White House rose garden.

In this view, wearing a mask is a way to thumb your nose at Trump.

This, in fact, is why Biden has conspicuously taken to wearing a mask: It’s a way for him to identify with and bond with his left-wing supporters. And forcing all Americans to wear a mask is a way to isolate Trump and have the citizenry en mass thumb them their collective noses at him.

“What could be more delicious!” think Biden’s “progressive” partisans.

A similar and sometimes overlapping group of anti-Trump “progressives,” meanwhile, supports mandatory mask wearing as a means of keeping the citizenry fearful and the country in lockdown.

These “progressives” understand that when Americans are fearful and America is in crisis, it is much easier to impose sweeping statist measures that will “fundamentally transform” America along socialist and redistributionist lines.

Indeed, for the left, the mask is a convenient political tool that will help them to impose their statist agenda on an otherwise resistant citizenry.

The bottom line: there are several reasons, ranging from the benign to the malevolent, that people support mandatory mask wearing despite the lack of scientific evidence that masks stop the spread of the coronavirus.

But regardless of the reason or rationale, the groupthink that now dominates our politics, our media, and our culture—to wit: that wearing a mask is a self-evident good that will protect us and the public health—is counterproductive and untrue.

And no matter what you think, we all should agree: truth, science and reason should trump feelings, sentiment and wishful thinking.

Feature photo credit: New York Post.

Ex-Navy Secretary Modly is Wrong About the Media and Wrong About the Military’s Use of the Media

The Acting Secretary of the Navy, Thomas B. Modly, resigned today after public outrage ensued from remarks he gave on the USS Theodore Roosevelt in which he called the ship’s former commanding officer, Brett Crozier, “too naĂŻve or too stupid” to be in charge of an aircraft carrier.

As we reported here at ResCon1 Saturday, Modly relieved Crozier of his command because of a letter Crozier had written detailing the dire situation on the Roosevelt and pleading with the Navy to remove his men from the ship.

Sailors there had become infected with the coronavirus, which, given the close quarters on the ship, risked rapidly spreading throughout the ranks. Crozier’s letter was not classified; more than 20 people were on the receipt line; and it found its way into the San Francisco Chronicle.

There’s a lot to be said about this entire affair. For now, let me make just two observations:

First, I have no doubt that Modly spoke from the heart Monday when he explained to the crew of the USS Theodore Roosevelt why he had relieved their beloved skipper, Captain Brett Crozier, of his command.

Moldy’s remarks are salty, but sincere and genuine; and they should not be discounted simply because he spoke in blunt and earthy terms.

Indeed, calling Crozier “stupid,” or “naïve,” and guilty of “betrayal,” as Modly did, is hardly grounds for outrage if, in fact, Crozier did something that warrants such a description. 

Second, while Moldy’s language hardly warrants condemnation, the sum and substance of his criticism of Crozier is wrong and needs to be refuted.

Most informed observers seem to disagree with me and say the exact opposite: They criticize Modly for his sharp and abrasive attacks on Crozier, and for preempting the Navy’s uniformed leadership, which already had pledged to investigate the matter.

However, they accept Modly’s essential argument, which is that what Crozier did was fundamentally wrong and a bad mistake at best.

I could not disagree more. I think that what Crozier did by writing and releasing his letter was wise, prescient, and in accordance with the finest traditions of the U.S. military.

Let me explain why.

Modly’s most serious charge is that Crozier’s letter emboldened our enemies and compromised the war fighting capabilities of the Roosevelt. As Modly put it, Crozier’s letter 

raised concerns about the operational capabilities and operational security of the ship that could have emboldened our adversaries to seek advantage.

This is, obviously, a very legitimate concern, but one we should reject, and for three reasons:

First, it is no secret that U.S. military personnel serving on ships that routinely dock in foreign ports are at heightened risk of contracting the coronavirus, given their intimate living quarters. So questions were bound to be raised and asked about this.

And in fact, questions were raised about this in the media more than a month ago, in late February and early March 2020.

We live, moreover, in a free and democratic country, where the families of U.S. military personnel rightly demand to know about the health and safety of their deployed service men and women—volunteers all.

The idea that you can keep this information secret in the 21st Century—an age in which everyone has worldwide, instantaneous communication at their fingertips—is ludicrous and unworkable.

Our enemies know that the coronavirus is affecting our military personnel, just as they know it is affecting them and everyone else. A pandemic, after all, is, by definition, an international problem. There are no secrets here to hide or conceal.

Second, our enemies and adversaries—including China, Russia, Iran, al-Qaeda, and ISIS—all have their hands full right now with the coronavirus.

Thus they are in no way ready or prepared to try and exploit this international public health crisis by attacking the awesome power and capability of the United States Navy and Marine Corps.

Third, as Capt. Crozier explained throughout his letter, in very clear and explicit detail, the ship’s war-fighting mission must and always does take precedence over the health and safety of its sailors. 

“If required,” he wrote

the USS THEODORE ROOSEVELT would embark all assigned Sailors, set sail, and be ready to fight and beat any adversary that dares challenge the U.S. or our allies. The virus would certainly have an impact, but in combat we are willing to take certain risks that are not acceptable in peacetime.

However, we are not at war, and therefore cannot allow a single Sailor to perish as a result of this pandemic unnecessarily. Decisive action is required now in order to comply with the CDC and NAVADMIN 083/20 guidance and prevent traffic outcomes


“During wartime,” he explained, we

maximize war fighting readiness and capacity as quickly as possible. No timeline necessary. We go to war with the forces we have and fight sick. We never achieve a COVID-free TR. There will be losses to the virus.

In fact, as Crozier pointed out, decisive action was required precisely stop the virus from infecting the entire crew and thereby crippling the Roosevelt’s war-fighting capability. But since “war is not imminent, we recommend pursuing the peacetime end state [emphasis added].

Thus, far from being emboldened to attack because of Crozier’s letter, our enemies instead are deterred: because they know that this commanding officer states explicitly that the ship’s warfighting mission is paramount and will always be pursued regardless of the health of his crew.

In other words, if attacked or called upon, we will fight and go to war come hell or high coronavirus. 

The bigger issue here, though, is whether openness and transparency about the state of our military is an operational weakness or strength. I believe that it is a strength because it allows us to quickly identify problems and correct deficiencies.

Modly doesn’t disagree. He just thinks that the review process has to be done quietly and discreetly behind a veil of secrecy. But history proves this just isn’t the case, and that the opposite is true. Without public exposure and debate, bureaucracies grow hidebound and resistant to change.

We saw this problem in an extreme form in the former Soviet Union, which, for 70 years habitually lied to itself to maintain its power structure, despite obvious and manifest failures that immiserated the country for decades.

The United States, thankfully, has not suffered a similar fate; but that is not because our bureaucracy is necessarily any better. Instead, it is because we live in a free and open country, in which bureaucratic decisions—including bureaucratic-military decisions—are routinely subject to scrutiny, criticism and debate.

The media are an integral part of this self-correction and improvement process.

Washington Post reporter Greg Jaffee notes, for instance, that, in 2007, at the height of the Iraq War, the Secretary of Defense Robert Gates, thanked USA Today for stories that exposed problems with armored vehicles in Iraq. Gates appreciated USA Today’s reporting because it prodded the Pentagon to make more timely vehicular improvements, which saved American lives.

“Gates, likewise, praised [Washington Post reporters] Dana Priest and Anne Hull for their series exposing problems at Walter Reed,” notes New York Times reporter Peter Baker.

“I would say when there is an article critical of us, don’t go into a defensive crouch. Maybe you’ve just been handed a gift to solve a problem [that] you didn’t know existed,” Gates then said.

Sure, in the heat of battle and the fog of war, secrecy may be paramount and justified. Of course. But aside from those rare moments of actual conflict, secrecy is a big mistake and a weak rationalization that bureaucrats like Modly use to hide their failures and conceal their mistakes.

In truth, the United States, and the U.S. military in particular, benefit from being so open and transparent about our issues and challenges. That is not a weakness; it is a comparative advantage—and it is a big reason we retain a decided edge over our enemies.

Yet, incredibly, Modly told sailors and Marines in Guam that “there is no, no situation where you go to the media: because the media has an agenda.”

A Soviet commissar could not have put it any better. But this bureaucratic edict was bad in the original Russian, and it’s no better in English.

In truth, the media have an important role to play. And a military that has nothing to hide, and which understands the necessity and importance of outside input and review, should encourage, not shun, media scrutiny. Bring it on. Now more than ever.

Feature photo credit: Thomas B. Modly via Newport Buzz.

Hugh Hewitt: the Pundit as Political Teammate and How This Distorts the News

“I believe, by the way, Donald Trump has become the president we need at exactly the moment that his skill set is most called for.”

—Hugh Hewitt, conservative radio host and highly sophisticated Trump apologist, Mar. 19, 2020

No, this is not a parody, and Hewitt wasn’t being sarcastic or snarky. He said this in all seriousness. The question is: why? Hewitt, after all, is not a stupid man. To the contrary: he’s very bright—and he may be the best talk radio host in America.

A Harvard grad, Hewitt is an attorney and a fairly prolific author. He surely understands that Trump is the most incapable and unfit president in all of American history.

In fact, during the 2016 Republican primary race, Hewitt exposed Trump’s utter ignorance with some very basic foreign policy questions that Trump simply could not answer.

Why, then, does Hewitt insist on being such a dishonest shill and apologist for Trump?

Conservative Policy Achievements. No doubt because, like me—and like many conservatives—he is grateful for much of what the Trump administration (as opposed to Trump himself) has done.

There are, after all, Trump’s two supreme court justices, the 44 Circuit Court judges, and 112 District Court judges—almost all of whom are solid, well-credentialed originalists vetted and approved by the Federalist Society. 

Given the outsized role that the courts and the judiciary regrettably now play in American life, this is a critical achievement, which will far outlive Trump and his administration. And it is something all conservatives deeply appreciate.

Then, too, there is corporate tax and regulatory reform, which, at least before the coronavirus, made American businesses far more competitive internationally, while fueling sustained economic growth and record-low unemployment.

Trump also ended sequestration, which had been devastating to U.S. military readiness. And he wisely withdrew from the Iranian nuclear deal, because it would have enabled Iran to become a nuclear-armed power. 

Of course, there are many things that Trump has done which, as a conservative, I do not like. His Syrian withdrawal and abandonment of the Kurds, for instance, was strategically unwise and morally reprehensible

His inability to build international alliances, likewise, has seriously handicapped our nation’s ability to shape the world order in ways that truly put America, and American interests, first

And Trump’s heavy-handed, bull-in-a-china-shop approach to trade and tariffs has been a self-inflicted wound that has weakened economic growth at home, while being mostly ineffective at bringing the Chinese to heel.

Still, I will acknowledge that Trump has done enough, arguably, to warrant conservative support. So I don’t begrudge or criticize Hewitt for supporting the president.

Instead, what I find quite objectionable is Hewitt’s dishonesty in supporting Trump.

Dishonesty. It is one thing, after all, to support Trump administration policies (as I largely do, albeit with some significant exceptions), while forthrightly and honestly acknowledging Trump’s myriad character flaws and objectionable behavior (as I also do).

It is another thing altogether, though, to support Trump administration policies while denying Trump’s obvious flaws and objectionable behavior, which is what Hewitt does.

And in fact, Hewitt does much worse than that. Not only does he refuse to acknowledge Trump’s all-too-egregious missteps and misdeeds; he also actually insists (as the aforementioned quote at the top of this posts indicates) that Trump is doing a great job!

This is simply dishonest, as Hewitt surely knows.

But Hewitt, like many pundits and commentators today, left and right, rationalizes his dishonesty because he views himself as a member of a team.

Political Teams. Hewitt sees himself as  a member of the center-right, GOP team. Therefore, in his mind, he must behave like a good trial attorney and mount a vigorous and unyielding defense of his “client”—Trump specifically and the GOP more generally.

Thus Hewitt doesn’t see himself as being dishonest. Instead, he sees himself as a good and loyal teammate putting forth the best defense that he possibly can for his client.

Unfortunately Hewitt is not alone.The way he sees himself is how a great many pundits and commentators today, left and right, see themselves: as coaches and teammates for whom team loyalty is the highest virtue.

That’s not how I see myself. And it is not the guiding inspiration behind this website, ResCon1. Although I am proudly and unabashedly conservative, I am not a member of any team.

Instead, I am an army of one. Thus I call it like it I see it, regardless of the political consequences, and let the chips fall where they may. 

I think the quality of our political commentary would improve immeasurably if that is how most pundits and commentators approached their work. At the very least, it would mean more honest and truthful political commentary.

But alas, we live in highly polarized times in which everyone feels a need to pick a side and fiercely defend their side—no matter what: because the other side is too dangerous to trust with the reins of political power.

Truth. I get it, but that still doesn’t make it right—or wise. “And ye shall know the truth, and the truth shall make you free (John 8:32).” Good advice then; good advice today—for both readers and pundits.

In the meantime, consider the source, as they say. Consider the source of your news. Understand the biases and prejudices of reporters and pundits, and what motivates them.

Are they committed to the truth, to an ideological agenda, or to a political team? Are they politically and philosophically aware and informed? Or are they, instead, the product of a cloistered educational system that has shielded them from important schools of thought?

Because all of this matters, and in ways you might not fully realize. Just ask—or listen to—Hugh Hewitt.

Feature photo credit: NBC News via the Philadelphia Inquirer.

Jacob Anthony Chansley and the January 6 Miscarriage of Justice

Chansley and other Jan. 6 defendants are peaceful and simple-minded dupes who got played by Trump and were screwed by the Biden Department of Injustice.

The Jan. 6, 2021, riot at the U.S. Capitol was a shameful and disgraceful event for which President Trump was rightfully impeached (by the House of Representatives) and wrongfully acquitted (by the Senate).

As a result, no American who loves his country should ever think of voting for Trump in the 2024 presidential election.

If our ex-president had any sense of honor and shame, he would devote himself to good deeds and public works of charity and penance rather than run again for president.

But Trump’s dishonor and impeachable conduct does not mean that the thousands of Americans who came to the nation’s capital Jan. 6 were all “insurrectionists” who “threatened our democracy.”

Peaceful Dupes. This characterization is simply untrue as we knew at the time and as we now know in more detail today. The vast majority of the protesters, in fact, were peaceful but simple-minded dupes who were played and taken in by Trump’s lies and deception.

Two to three hundred of the protesters, by contrast, were violent agitators who used flag poles, baseball bats, bear spray, and other items to violently assault the police. These violent agitators deserve swift and appropriate punishment. No one disputes that.

Yet, in a gross act of prosecutorial overreach, many peaceful Jan. 6 protesters reportedly have been charged with crimes and subsumed into the criminal justice system for months upon months of never-ending incarceration and administrative delay while their cases are reviewed and prosecuted.

For many of the protesters, their “crime” was to show up at the Capitol and “trespass” into the building, thereby “obstructing” an official federal proceeding.

Trespassing and Obstruction. But the charge of “trespassing” and “obstruction” is manifestly unfair when you consider that most of the protesters genuinely believed they had a right to enter the Capitol. Trump himself basically said they had that right in his earlier Jan. 6 speech inciting them to “stop the steal.”

The Capitol, after all, is often referred to as “the people’s house.” The inference is that since the Capitol, or “people’s house,” is paid for and supported by the taxpaying public, then the public has a right to enter the building.

For this reason, some of the protesters shouted “This is our house!” as they stormed into the Capitol building. And in fact, the Capitol historically has been open and hospitable to visiting constituents in a way that other federal buildings (e.g., the FBI headquarters and the Pentagon) have not been.

The Capitol Police, moreover, implicitly buttressed this notion when, at some entry points, they opened the doors of the Capitol and stood by and watched as protesters streamed into the building.

We saw this in video taken by participants and observers of the Jan. 6 protest. And we see it again with the release of some 41,000 hours of surveillance video, snippets of which were shown on Fox News this week by Tucker Carlson.

Now, Carlson is no one’s idea of a fair or honest journalist. His reporting and analysis of Russia’s war on Ukraine has been dishonest and objectively pro-Putin and anti-Ukraine. But the Jan. 6 video that Carlson has shown doesn’t lie.

One defendant in particular, Jacob Anthony Chansley, appears to have been unfairly singled out for harsh and excessive punishment.

Chansely was sentenced to 41 months in prison for “obstruction of an official proceeding.” But as law professor Jonathan Turley observes:

The newly released Fox footage from that day raises serious questions over the prosecution and punishment of Chansley. The videotapes aired on Tucker Carlson this week show Chansley being escorted by officers through the Capitol.

Two officers appear to not only guide him to the floor but actually appear to be trying to open locked doors for him.

At one point, Chansley is shown walking unimpeded through a large number of armed officers with his four-foot flag-draped spear and horned Viking helmet on his way to the Senate floor.

Why didn’t the police stop Chansley? Because, we are told, there was a violent riot going on nearby and the outnumbered police were trying to “deescalate the situation.” Confronting Chansley, we are told, by Andrew C. McCarthy,

might have attracted attention and sparked a forcible reaction from him and other demonstrators. That would have been dangerous for the police (many of whom suffered injuries during the uprising) and for the demonstrators (one of whom was killed by an officer, and others of whom died during that afternoon’s frenzy).

The police objective, in those moments, was to stabilize an already bad situation so that it did not become a bloodletting.

Self-Serving Rationalization. I’m sorry, but this is a hyperbolic and self-serving rationalization for the Capitol Police interactions with Chansley. And it simply does not comport with the factual record, the video footage, and the geography of the Capitol building.

Yes, there was a violent riot that was developing outside of the Capitol; and there was a swarm of loud and agitated protesters within other parts of the Capitol. But as Turley points out, at the time in question, Chansley was far removed from the crowd, the noise, and the agitation.

At no point in the videotapes does Chansley appear violent or threatening. Indeed, he appears to thank the officers for their guidance and assistance. On the Senate floor, Chansley actually gave a prayer to thank the officers who agreed “to allow us into the building.”

The “new footage,” notes Wilfred Reilly, “reveals that Chansley and his first line of protesters/rioters were heavily outnumbered—at one point nine to one—by Capitol force officers with semi-automatic sidearms once inside the building.”

Adds New York Post reporter Miranda Devine:

In a jailhouse interview played by Carlson, he [Chansley], says: “The one very serious regret that I have [is] believing that when we were waved in by the police officers, that it was acceptable.”

And how, exactly, was Chansley, engaged in “obstruction of an official proceeding”? He walked into an empty Senate gallery opened for him by the Capitol Police. And for that, this nonviolent, first offender, and Navy veteran was given a “heavy 41-month sentence” after initially being held in solitary confinement, Turley notes.

Violent offenders, by contrast, are sometimes given much lighter sentences. David Jakubonis, for instance, was charged last year with second degree assault for attacking New York GOP gubernatorial candidate Rep. Lee Zeldin.

Jakubonis was arrested July 23, 2022, and released in late October “under strict conditions,” according to RochsterFirst.com.

He would have to go through a 28-day alcohol program at the VA in Bath, he would wear a GPS monitor and a monitor to gauge his alcohol intake, and after the Bath program, go to Veterans Treatment Court and live at the Richards House—a housing program provided by the Veterans Outreach Center.

Evidence Withheld. In light of all this, why did the Judge Royce Lamberth, who adjudicated Chansley’s case, come down so hard on him?

In large part, says Turley, because the judge didn’t know what we now know. He didn’t see the same video footage that we all have now seen.

Incredibly, this footage was withheld from Chansley’s attorney—even though, in the American legal system, exculpatory evidence must be shared with a defendant and his attorney.

“I have great respect for Judge Lamberth,” says Turley. He “has always shown an admirable resistance to public pressure in high profile cases. I cannot imagine that Lamberth would not have found this footage material and frankly alarming.”

The bottom line: justice is supposed to be blind and discriminating. But it is hard not to conclude that in the case of Chansley—and doubtless other wrongly maligned Jan. 6 defendants as well—justice was politicized, disproportionate, and vengeful.

Chansley and other like-minded Jan. 6 defendants are guilty of being simple-minded dupes who fell for Trump’s lies and deception. But they are not violent insurrectionists. They threatened no one and they assaulted no one. Others did and they deserve their punishment and comeuppance.

But Chansley deserves better—and America deserves better—than the miscarriage of justice carried out against him without liberty and justice for all in the name of freedom and democracy.

Our nation should right this wrong even as it rejects Trump’s contemptible quest to regain the presidency.

Feature photo credit: Jan. 6 defendant Jacob Anthony Chansley, courtesy of CBS News.

10 Inconvenient Questions for Democrats About the Fight Over the Supreme Court

  1. Where in the Constitution, exactly, does it prohibit a president from appointing someone to fill a vacancy on the Supreme Court in an election year?
  1. Previous American presidents—including Thomas Jefferson, Abraham Lincoln, and Woodrow Wilson—nominated Supreme Court justices in an election year, and the Senate confirmed those nominees before the election.

Other American presidents—including John Adams, Ulysses S. Grant, and Calvin Coolidge—nominated justices after the election but before the inauguration; and those nominees, too, were confirmed by the Senate.

Were these American presidents guilty of some illegal or damnable transgression—or instead, were they exercising their lawful authority under the Constitution?

  1. Assume the shoe was on the other foot, so to speak. It is Sept. 18, 2012. Obama is president; he is up for reelection but trailing in the polls; the Democrats control the Senate but risk losing control after the election; and Justice Scalia has died.

Would not Obama nominate a new justice to replace Scalia, and would not Senate Democrats act to confirm Obama’s nominee?

  1. Long-standing Senate tradition (not law) allowed for use of the filibuster to prevent judicial nominees from being confirmed by the Senate. Stopping a filibuster requires 60 votes.

Practically speaking, given the makeup of the Senate, to reach the 60-vote threshold typically requires at least a bare minimum of bipartisan support.

However, in 2013, Democratic Senate Majority Leader Harry Reid (D-Nevada) prohibited use of the filibuster for most judicial nominees. Republican Senate Majority Leader Mitch McConnell (R-Kentucky) then followed suit in 2017 and eliminated use of the filibuster for Supreme Court nominees.

This allowed Senate Republicans to confirm Trump appointee Brett Kavanaugh with just one Democratic vote; and it will allow Senate Republicans to approve Ginsburg’s replacement with, potentially, no Democratic votes.

Given this history, was it a mistake for Harry Reid to eliminate the filibuster for judicial nominees? Did this not pave the way for Senate confirmation of Trump’s three Supreme Court nominees?

  1. Since the middle of the 20th Century, Democrats and leftist have relied upon the courts, or the judicial branch of government, to achieve political and public policy objectives that they never could have achieved legislatively—for example:
  • banning voluntary school prayer;
  • requiring abortion on demand;
  • mandating various and sundry environmental protection measures, school and prison reforms; and now:
  • dictating federal immigration policy and state voting requirements.

Has it been it a mistake to rely so heavily on the courts and the judiciary to achieve your political and public policy objectives—especially since Republican court appointees are often unwilling to accede to assertions of judicial supremacy vis-a-vis the executive and legislative branches of government?

  1. Do you believe there are any limits on the jurisdiction of the courts, or is every political and policy issue justiciable?
  1. Some Democratic leaders—including House Judiciary Committee Chairman Jerry Nadler (D-New York)—have called on Senate Democrats to expand the size of the Supreme Court and pack it with more liberal or activist judges.

Justice Ginsburg, however, said court-packing is a bad idea because it would undermine the Court’s legitimacy and weaken public trust in the institution.

Who’s right about expanding or packing the Court: Chairman Nadler or Justice Ginsburg?

  1. An independent judiciary free of political coercion or control is one of the pillars of American democracy.

Yet in recent years, this independence has been threatened by Democratic Senators such as Charles Schumer (D-New York), Sheldon Whitehouse (D-Rhode Island), and Richard Blumenthal (D-Connecticut), all of whom have warned that unless the Court rules in a “progressive” direction, it risks being brought to heel and radically restructured.

Can we not agree that while we certainly can criticize Supreme Court decisions, we ought to refrain from demanding that the Court rule a certain way or risk suffering some vague but ominous-sounding consequences?

Do not such threats strike at the very heart of judicial independence?

  1. Some Senate Democrats—including Dick Durbin (D-Illinois) Marie Hirono (D-Hawaii) and Kamala Harris (D-California)—have suggested that practicing Catholics who belong to Catholic religious organizations, such as the Knights of Columbus, should be disqualified from federal judgeships.

The reason: practicing Catholics have religious beliefs that are opposed to progressive orthodoxy on a range of issues (such as abortion and same-sex marriage) where progressive orthodoxy has been incorporated into the Constitution and established as new rights.

The Constitution, however, expressly prohibits a religious test for governmental service; and prominent Catholics such as President John F. Kennedy (a Democrat) and Justice Antonin Scalia (a Republican) have expressly said that their religious faith does not override the oath that they take to the Constitution of the United States.

Who’s right about whether practicing Catholics should be disqualified from the federal judiciary because of their religious faith: Senators Durbin, Hirono, and Harris, or President Kennedy, Justice Scalia, and the Constitution?

  1. Liberal interest groups and Democratic Senators have viciously and savagely attacked the character and good name of a series of recent Republican Supreme Court nominees—including Robert Bork, Clarence Thomas, Samuel Alito, and Brett Kavanaugh.

Bork and Alito, for instance, was accused of being racists; Thomas was accused of sexual harassment; and Kavanaugh was accused of participating in a gang rape. The evidence for these accusations was utterly lacking. The charges reflected a partisan political desire to destroy these nominees before they could ascend to the high court.

Can we refrain from the politics of personal destruction and instead, debate the merits, qualifications, and judicial philosophies of Supreme Court nominees? Is that asking too much in this, the world’s greatest democracy?

Feature photo credit: Kevin Dietsch/UPI.

Brouhaha Over ‘Dr. Biden’ Essay Shows Dangers of PC ‘Cancel Culture’

The ‘progressive’ or left-wing church that dominates elite and popular culture will not tolerate heretics and dissenters.

Eighty-three-year-old Joseph Epstein is one of America’s greatest living essayists. He is also fearless and politically incorrect.

This means that when he writes something that runs afoul of the PC police who now dominate our nation’s cultural institutions—the schools, the universities, the media, the large foundations, the big corporate PR departments, et al.—you can expect him to be disavowed and denounced for his heresy.

And, in fact, that is exactly what has happened now that Epstein has written a thoughtful and provocative op-ed for the Wall Street Journal advising the incoming First Lady, Jill Biden, to stop calling herself “Dr. Biden.”

Madame First Lady—Mrs. Biden—Jill—kiddo: a bit of advice on what may seem like a small but I think is a not unimportant matter. Any chance you might drop the “Dr.” before your name?

“Dr. Jill Biden” sounds and feels fraudulent, not to say a touch comic. Your degree is, I believe, an Ed.D., a doctor of education, earned at the University of Delaware through a dissertation with the unpromising title “Student Retention at the Community College Level: Meeting Students’ Needs.”

A wise man once said that no one should call himself “Dr.” unless he has delivered a child. Think about it, Dr. Jill, and forthwith drop the doc.

Politically Incorrect. Now, admittedly, this is politically incorrect and impolite; and, as the Journal’s editorial page editor, Paul Gigot, admits, “Mr. Epstein can be acerbic.”

His piece certainly can be fairly criticized as unduly harsh or insensitive. Jill Biden, after all, earned her doctorate late in life (she was, reportedly 55 years old), and that warrants respect and admiration.

Still, Epstein makes a compelling point: it is, indeed, pretentious to insist upon the honorific title “Dr.” when you are a Ph.D., Ed.D., or J.D., and not an M.D. That’s simply not something most Ph.D.’s, Ed.D.’s, and J.D.’s do—and for good reason.

“In contemporary universities, in the social sciences and humanities, calling oneself Dr. is thought bush league,” Epstein explains.

But here’s the thing: Epstein’s critics in the elite and popular culture have not simply criticized his op-ed, which would be fair and legit.

Instead, they’ve denounced him for committing mortal sins against politically correct orthodoxy. As such, his piece should never have been published, they insist.

Cancel Culture. Some 330 academic signatories, for instance, denounced the Journal for “lending a platform to this kind of ignorance, [which] is damaging not only to women but to everyone.”

Northwestern University, where Epstein was a lecturer for 30 years, formally denounced him for his “misogynistic views,” while purging his emeritus listing from its website.

The Phi Beta Kappa Society, meanwhile, disavowed itself of Epstein’s op-ed. (Epstein is a former editor of The American Scholar, which the Society publishes.)

“This is how cancel culture works,” notes Gigot. Epstein’s op-ed, he reports,

has triggered a flood of media and Twitter criticism, including demands that I retract the piece, apologize personally to Mrs. Biden, ban Mr. Epstein for all time, and resign and think upon my sins.

The complaints began as a trickle but became a torrent after the Biden media team elevated Mr. Epstein’s work in what was clearly a political strategy.

The political strategy of Team Biden specifically and the left more generally is obvious: “Don’t you dare criticize Jill Biden or we will tar and feather you as a sexist and a misogynist and you will be canceled, along with the rest of the bigots.”

As Gigot observes, “there’s nothing like playing the race or gender card to stifle criticism.”

But the charge of “sexism” and “misogyny” against Epstein’s thoughtful op-ed is ludicrous and nonsensical. The charge amounts to nothing more than baseless namecalling.

‘Sexism’ and ‘Misogyny. In truth, there is nothing remotely sexist or misogynist in Epstein’s piece. His criticism applies to both men and women.

In fact, in his op-ed, Epstein mocks two men—Stephen Colbert and Seth Meyers—for having received honorary doctorates.

The charge of “sexism” and “misogyny” is not leveled in good-faith as a serious or legitimate criticism, because it is obviously nothing of the sort.

Instead, the charge is used as an underhanded political weapon to stigmatize and demonize critics, such as Epstein, who sin against progressive or left-wing orthodoxy.

The intent is to silence and deplatform these sinners unless and until they repent.

The Wall Street Journal editorial page, thank goodness, is immune to such pressure; and, at 83 years old, with a long and distinguished career behind him, so, too, is Joseph Epstein.

But most mainstream or legacy publications in the United States are highly susceptible to PC bullying. And the PC bullies don’t really expect to silence or deplatform Epstein. Their real targets are younger, up-and-coming Joseph Epsteins—the next generation, if you will.

Their intent is to lay down a marker and a warning. Don’t you dare sin against the PC Gods, and don’t you dare run afoul of our orthodoxy: because if you do, you will be castigated as a heretic and drummed out of elite society.

It’s called the cancel culture, and we need to stop it before it stops us.

Feature photo credit: Joseph Epstein via the Boston Globe; Jill Biden via TMZ (Getty).