The Mueller Report is finished and it has been given to the Attorney General. We now begin what I suspect will be a nasty, extended fight over whether and/or when it should be released to the public.
I'm struggling to think of a single reason why it should not be released, in full, to the public. While there may be some security concerns around the edges of the thing they can be dealt with easily via redaction of names and the like. All other objections to releasing it would seem to be political in nature.
Republicans will not want it released because it will, in all likelihood, serve to make some Republicans look bad. Either because they were involved in the underlying matters (a small number of them to be sure) or because they have said and done things in the past two years which will prove to be embarrassing or stupid in light of what the report has to say (a great many of them, particularly Members of Congress).
I'd like to say I'll be surprised when Republicans object to the report's release but, sadly, I will not be. These are people who argue, with a straight face, that it's good to make it hard for people to vote, after all. Fighting against transparency and sunlight won't trouble them a lick.
As for the substance: I've been far less caught up in the Mueller Report hype than most of my friends on the political left. While I think the investigation was and is important, the idea that Mueller would indict multiple figures in the administration, let alone anyone close to Trump personally, has always seemed like fantasy to me, both for legal and practical reasons (more on that below). Mueller is no avenging angel and possesses no magic bullets which will end the nightmare of the past two years and change. The only thing that will effectively deal with that are effective oversight and pushback from Congress, political action, and elections. Mueller ain't no Jesus gonna come from the sky, even if he found out something big.
Which is not to say that what's in the report is not important. There are many things Mueller has already uncovered for which a full explanation and accounting must be made and a lot of questions about Trump, his campaign and his administration which must be answered, whether or not any indictable criminal activity was found. A non-exhaustive list:
It should finally be noted that, even if Mueller has not sought any further indictments, that does not mean that he has not found potentially criminal conduct on the part of either Trump or high-ranking campaign or administrative officials. There is a well-established -- and well-founded -- hesitance on the part of prosecutors to seek criminal charges against a sitting president and a strong belief among legal scholars that doing so is impermissible under the law. Rather, the notion is that Congress, a co-equal branch of government, is the primary means of sanctioning criminal conduct on the part of the executive. As such, it quite possible that Mueller has uncovered acts which are, in fact, criminal, but which are not appropriate for indictment given the figures involved or, possibly, are simply not appropriate for indictment at this time.
More likely, it is possible that the facts and conclusions presented by Mueller constitute a basis for Congress to act in some way, shape or form, be it action taken directly against the administration or legislation aimed at ameliorating what has happened or preventing it from happening again. We are entitled to know what Congress knows regarding all of this, both because Congress is the surrogate for the people, and because we are entitled to know the basis on which Congress acts in our name and in our stead.
The Mueller Report, in its entirety, must be released. Anyone who stands against its full release -- anyone who stands for anything less than full and total transparency regarding the important effort which has been undertaken these past two years -- stands against democracy.
Over at the baseball site I wrote about Angels outfielder Mike Trout and his new contract extension.
Short version: Trout is the best player in baseball and, perhaps, is the best player in baseball history. He is about to sign a contract extension that will pay him $430 million over the next 12 years.
A lot of people think ballplayers make too much money but, by any objective measure, the Los Angeles Angels are getting a bargain.
. . . it points to something much more frightening — that love itself exists outside the framework of justice. There is no court at which to plead your case, no authority who can grant you recompense.
On Friday Larry Baer, the CEO of the San Francisco Giants, was caught on tape having a loud, public argument with his wife. In the video he tried to rip a cell phone out of her hands, which caused her to tumble off of her chair and to the ground as she screamed "help me!" Baer walked away and made no effort to help his wife or act in any way to suggest that he cared that he sent her down to the asphalt.
It was a disturbing scene and the lack of criminal charges and the couple's later joint statement that it was all just an embarrassing misunderstanding did nothing to make it better. Whether you or the authorities consider it a crime or not -- I think it could be classified as battery, even if I do not believe Baer will actually be charged -- you cannot say Baer's behavior was acceptable. If you saw that happening to your mother or sister or daughter or friend, you would not be blasé about it, charges or no charges. You would consider it abuse.
Yet, so many of my readers and people responding to my stories about it online are blasé about it, or worse. Sometimes far worse.
I've blocked dozens of men calling Baer's wife a "bitch" or worse, or claiming that she was "looking for attention." Despite clear video of the incident, several people have defaulted to the old stand-by, "hey, we don't have all the evidence" or "maybe there's more to the story here, don't jump to conclusions." This morning someone commented, saying, "[h]e grabbed for the phone. Perhaps his wife was talking loud on it and embarrassing him. So he appeared to have a negative passionate moment, not a planned one." I wonder what would happen if a black man or a poor man or -- heaven forbid, a woman -- upon being arrested for something, attempted to get out of trouble by saying they simply had "a negative passionate moment."
Over at my website we, unfortunately, have an upvote/downvote system for comments, allowing readers to agree or disagree with other readers. A fun thing is happening with those: anyone voicing criticism of Baer or condemnation of domestic violence is receiving tons of downvotes. Far, far more than comments on most articles ever get. I have deleted the misogynistic comments, but those generally defending Baer or condemning those who would criticize him are receiving upvotes, again, in far greater numbers than our site normally gets. I strongly suspect that the articles have been picked up by various men's rights forums -- which are a cesspool of misogyny as it is -- and that they are very sending traffic over to specifically upvote and downvote comments which conflict with their pro-abuse world view. It has happened before, to my site and to other sites.
I, like anyone with decent parents, teachers and other adults in his life, was taught growing up that violence against women was abhorrent and unacceptable. That it was the worst thing a man could do. When I was young I believed, naively, that most people were taught this too. As I got older I lost my delusions on that score. If I held on to those delusions at all into adulthood they were lost after a friend got jury duty on a domestic violence case in the late 1990s. The defendant threw a phone -- an old dial-up desk phone that had some weight to it -- at his wife, hitting her and splitting her head open. The trial resulted in a hung jury. One of the jurors who would not vote to convict the guy said in the jury room, "I'm not gonna send a guy to jail for hitting his wife with no phone." This, by definition, was a man who passed a voir dire that, theoretically, was aimed at weeding out people with preconceived views on the matter at hand.
Evidence doesn't matter to some people. Even when abuse is caught on video it is meaningless to them. The "hey, people are innocent until proven guilty" and "let's not rush to judgment" responses in these instances are, usually, a dodge and, since we're not the cops and are not on a jury, they're also irrelevant.
It's simply the case that, as most women know but most men, I suspect, don't quite appreciate, there are a lot of men out there, more than you think, who simply do not think it's wrong to abuse women. Who think it's far worse, in fact, for a man to be held accountable for abusive behavior than it is for him to engage in abusive behavior to begin with.
It makes me sad. It breaks my heart. But it's the truth.
Steven Spielberg has a problem with the movie "Roma." Maybe not artistically -- I'm guessing that he, like most people, liked it -- but with who produced it and distributed it and how. And after learning about his objections to it, I'm choking on the irony of it all.
"Roma" is a Netflix movie. It made a brief, small-scale theatrical run to qualify for the Academy Awards, but the vast majority of people who have seen it have watched it via Netflix, either on their TV, laptop or tablet. Spielberg does not like that what he considers to be a TV movie was eligible for the Best Picture Oscar for which it was nominated. He thinks it should've been up for an Emmy instead. I read this morning that he intends to use his considerable power to prevent that from happening again in the future by getting the Academy Governor's Board to bar Netflix movies from Oscar consideration.
Spielberg has both aesthetic and business objections to Netflix flicks. On the aesthetic side, he is said to "feel strongly about the difference between the streaming and theatrical situation" as it relates to screen size, sound, and overall experience. For this I do have some degree of sympathy. I watch far more movies at home these days than I do at the theater, but I still have a soft spot for the moviegoing experience. If I am truly interested in a new release, I will make a point to get to the theater to see it.
But I don't have to. Maybe Spielberg assumes that those of us not rich enough to have a dedicated screening room in our Pacific Palisades homes are watching VHS cassettes on a 19" Magnavox sitting on a metal TV stand, but the fact is that it's not hard or even super expensive anymore to get a really nice visual and audio movie experience in our living rooms. I have a rather crappy TV by today's standards -- it's an HD flat screen, but I bought it like 13 years ago and it's not paired up with a big sub-woofer or surround sound or anything -- but it's still pretty good for anything but the grandest epics and most intense special effects-laden movies. For most movies I watch, including movies like "Roma," it's perfectly fine.
For the sake of argument, though, let's grant Spielberg's point about aesthetics. Let's defer to his obviously hefty cinephile bonafides and grant him that it's better to see a movie made for the big screen than made for Netflix. I'll grant that because what I find far, far more objectionable are his complaints about the business side of this.
The business objections of Spielberg and others on the Academy Governor's Board to Netflix movies are varied. Some of it is just that they don't like the money Netflix throws around, which is nothing I particularly care about. For the most part, though, Spielberg and his friends don't like the way Netflix interacts with movie distributors and theaters when it does those limited theatrical runs required for Oscar consideration. Specifically, Spielberg doesn't like the manner in which they rent theaters out instead of licensing films, which allows them to keep, rather than share, ticket sales, and allows them to avoid reporting box office numbers. In the aggregate, Spielberg's complaint is that Netflix is messing up a well-worn and established movie distribution model.
Which, when you think about it, is pretty damn rich coming from Spielberg. Because while I love a great many Spielberg movies, the guy's business legacy is that he fundamentally altered the model of film distribution in this country which, in turn, had a massive and, many argue, negative impact on the artistic side of filmmaking.
Spielberg broke into the business as part of the "New Hollywood" generation of writers and directors who came of age in the 60s and who came into professional prominence in the 70s. These were young auteur-types to whom Hollywood studios gave unprecedented freedom and autonomy because, frankly, the studios were losing money, were out of touch with the prevailing culture and had no idea how to woo audiences anymore.
New Hollywood movies focused on characters -- often characters who lived on the margins of society -- over spectacle. They trafficked in dark and often violent themes. Plots and storylines were heavy on ambiguity. Happy endings were not necessarily, or even often, the order of the day. From "Bonnie and Clyde" to "Five Easy Pieces" to "The Godfather" to "The Conversation" "Nashville" to "One Flew Over the Cuckoo's Nest" to "Raging Bull" and any number of movies I could name in between, some of the greatest movies in American history were made during this period.
The distribution model of these films was radically different than what we see today. Whereas now films open in thousands upon thousands of theaters on a single day, in the 1970s, films opened in a handful of cities at first and were rolled out to other cities over time, allowing word-of-mouth and critical consensus to build. This helped filmmakers gradually sell what were often tough sells, artistically speaking, to audiences. It's not fair to say anymore that certain things simply won't "play in Peoria," but it's probably the case that it's easier for things to play in Peoria if the people in Peoria hear that something played pretty well in Chicago, Indianapolis and Rockford a couple of weeks ago.
Then in 1975 Steven Spielberg made "Jaws" and it changed everything.
Rather than rely on word-of-mouth, Universal Studios spent millions on a well-planned and highly-coordinated marketing campaign to promote "Jaws" before its release. TV and Internet trailers are ubiquitous now, but they were rare in the mid-70s. "Jaws," however, featured a high-profile national prime-time commercial buy. The producers and the author of the novel on which the movie was based hit the TV talk show circuit to promote the film and the publisher of the book worked with the studio to ensure that the paperback version matched the film poster as a means of cross-promotion. The movie also had the most elaborate array of marketing tie-ins of any film to date, including a soundtrack album, T-shirts, plastic tumblers, a book about the making of the movie, beach towels, blankets, shark costumes, toys and games.
More significant was the abandonment of the slow-roll distribution. "Jaws" opened simultaneously in hundreds of theaters across the entire United States. It was more than a movie, it was an event. It made a massive amount of money in its first weekend and, in so doing, single-handedly ushered in the Blockbuster Era. Today we take first weekend box office figures for granted as a measure of a film's success -- indeed, we deem a film a success or a failure based, almost exclusively, in how that first weekend goes -- but we didn't start doing that until "Jaws" came out in June of 1975.
There is no question that the blockbuster distribution model makes way better business sense than the old way of doing things -- studios are rolling in cash now in ways no one every could've imagined back in the 1970s -- but it fundamentally altered the artistic and aesthetic sense of Hollywood as well.
Marketing is essential now in ways it never was before "Jaws." It's far easier to market spectacle and thrills than it is to market character sketches and ambiguity, so we get more of the former now than we do of the latter. It's far easier to get people into a movie theater if they have a really good idea of what they're going to see than it is to spring surprises on them, so modern marketing gives far more away about a movie's plot than it holds back and sequels, copycat films and films with shared universes proliferate. People like to feel good far more than they like to be challenged so, while movies have always been about entertainment, the product is made to go down with a few more spoons of sugar than they did during the New Hollywood era. The "Hollywood Ending," primarily a function of morality in the Golden Age, is now a function of test marketing and focus groups.
Which is not to say that good movies aren't made now and the the industry has gone to hell. There were a lot of truly crappy movies made in the early-to-mid 70s (we remember the good ones and forget the bad). There have likewise been tons of fantastic blockbuster movies that followed "Jaws" into America's multiplexes, many of which form the cultural DNA of people of my generation and beyond, many of which were made by Steven Spielberg. And despite the now 44-year-long blockbuster mentality of Hollywood, there have always been a handful of good, small, dark, morally ambiguous or challenging artistic movies that slip past the beancounters every year. And yes, even a couple of those were made by Steven Spielberg.
But it is inescapable that Spielberg almost singlehandedly changed the moviemaking business. He did it by basically blowing up one distribution model and replacing it with another and in so doing he fundamentally changed both the business and artistic sides of Hollywood. For him to now bitch that someone else is doing that is quite the damn thing.